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The Agreement
Sexyspiritualrelationships.com is owned and operated by 4 Freedoms, a registered company in the Province of Quebec, Canada.
This agreement describes the entire terms and conditions for participation in the sexyspiritualrelationships.com Featured Experts Program. In this agreement, the term "Expert" or “Featured Expert” refers to you (the applicant), and "sponsoring web site(s)" refers to the web site(s) from which you will be linked to sexyspiritualrelationships.com web site.
Wherever the agreement refers to "you" or "your", it means "Expert" or “Featured Expert”; "we" or "our" refer to sexyspiritualrelationships.com. The terms "services" or "products" refers to the services and products offered for sale by sexyspiritualrelationships.com on the Internet.
You may link as many sites as you want to sexyspiritualrelationships.com, or remove such sites, at anytime and without prior approval from sexyspiritualrelationships.com.
You must complete and submit the online application to become a Featured Expert.
You will not become an active Featured Expert until your application is approved by 4 Freedoms. You will receive electronic notice if your application is approved or not. If we do not accept your application we will tell you why. For example, most typically the reason would be that your area of expertise is “off theme” (not closely enough related to our theme of helping couples create sexy spiritual relationships). 4 Freedoms has the sole authority for making such decisions.
In order to be sure you get our emails, you must add our email and domains to your email client (e.g., Outlook, Outlook Express, etc.) and your ISP (Internet Service Provider) account friends or white list. 4 Freedoms does not assume responsibility for undelivered emails.
Please add these emails and domains to your safe list.
4 Freedoms Email Addresses
@sexyspiritualrelationships.com
@tantraloving.com
@xplornet.com
4 Freedoms Domains
tantra-sex.com
sexyspiritualrelationships.com
tantraloving.com
Once your application has been approved your Expert’s page will go live. You can then edit the page without further approval from 4 Freedoms, but we reserve the right to request changes if necessary to any content that you add to your Expert’s page. From your Expert’s page you can describe and link to your website(s), products and services.
Free Bonus to All Featured Experts
All approved Featured Experts will automatically be awarded the status of Lifetime Member at SexySpiritualRelationships.com, with full access to all contents on the site. This is a value of $700. You will retain this membership status as long as you remain an active Featured Expert in good standing. Your membership will be deleted if you cease to be a Featured Expert.
Featured Experts can of course add article, audio and video posts to the website and participate in all forums, joint ventures, etc.
Sell Your Products with Our Shopping Cart
All Featured Experts have the option to sell their electronic products with our shopping cart. This option is not available to free or premium members; only Featured Experts may select this option.
We accept only electronic products for sale with our shopping cart. An electronic product means a product that can be automatically delivered to the customer as a file which the customer can download onto his computer after the purchase has been approved and credit card payment has been received by 4 Freedoms. An email notice with download instructions will automatically be mailed to the customer immediately following approval of their transaction.
No products requiring physical delivery will be accepted. No products or services that must be delivered or fulfilled at a future time will be accepted.
4 Freedoms assumes no responsibility for rights management of any electronic product sold through the shopping cart. All products must be submitted as files that do not require passwords to open. You can submit the files, e.g., PDF files with restrictions on copying, editing, etc., but not passwords. We have no technical way to add the password information in the automatic email with download instructions that goes out to the customer. In any case, if someone wants to share a file with others, adding password protection is no protection, as that customer can simply share the file including the password. We agree with the position that complex management rights restrictions for digital files using encryption software is not consumer friendly and do not use them.
You can sell products in text, audio, and videos formats. Maximum file size is 100 mb.
4 Freedoms agrees to pay the Expert 75% of the selling price. 4 Freedoms will retain the other 25% to cover our commission and transaction costs (e.g., bandwidth, credit card charges, etc.) for offering the items for sale.
Each Expert is expected to create a PayPal account and provide 4 Freedoms with an active working PayPal email. Commissions will be paid only through PayPal. It is the expert’s responsibility to provide a new PayPal email if the old one expires. If we do not have an active PayPal email for the Expert, we will hold all commissions due until we receive one from the Expert.
Expert’s commissions will be paid quarterly. Minimum commission payments to Experts will be $50. Any commissions due, but less than $50 will automatically carry over to the next quarter. If total commissions for the year have not reached the $50 threshold, 4 Freedoms will pay the actual amount, even if less than $50 for that calendar year, in January of the following year.
Experts can set the price for their products at whatever they choose, but all prices must be in USD.
All commissions will be paid in USD.
Experts are responsible for adding items to the shopping cart, and Experts can remove any of the items they have added at any time. Experts can also modify any information about their electronic products, including price, at any time using our online interface.
4 Freedoms reserves the right to accept or refuse any electronic product offered for sale by an Expert. If a product is offered by an Expert and denied by 4 Freedoms we will try to explain why we made that decision. For example a product may be “off theme” (not closely enough related to our theme of helping couples create sexy spiritual relationships), or a product may have been offered for a number of months without generating any sales, etc. 4 Freedoms has the sole authority in making such decisions. Offering products for sale through our shopping cart is a privilege, not a right.
Returns and Cancellations
If one of your customers implements a chargeback, or requests a refund on any sale before you have been paid your commission, you will not receive a commission on that sale. If you have already been paid a commission, that amount will be deducted from any subsequent commissions that you earn until the amount has been recovered.
If a customer requests a refund or chargeback on a purchase, 4 Freedoms will charge against the Expert’s commissions due 15% of the selling price for that product to cover our transaction costs. NOTE: Our credit card processing fee alone is 13% of selling price.
Order Processing
In order to sell an electronic product from our shopping cart, you must upload that item to our server using the online form provided. Sexyspiritualrelationships.com will be solely responsible for processing every order placed by a customer. When a customer places an order, paying by credit card, that customer will get an instant email containing download instructions for the electronic file they have purchased, and you will get an email notice of having made a sale. You can view a record of your sales transactions online. Enter your Expert’s ID and password to view your sales statistics real time.
Promotional Techniques
You can link to your Expert page and to our shopping cart featuring your products and you can promote those links in all the usual ways subject to the normal spam restrictions. Examples of acceptable ways to promote links to sexyspiritualrelationships.com web site are through banners, text links, letters of recommendation to newsletter subscribers, or your established client base.
However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer our products for sale on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated. Any sales generated for the month that you were terminated in will NOT be paid and will be the property of sexyspiritualrelationships.com.
Sexy Spiritual Relationships Affiliate Program
We encourage all Featured Experts to join our Affiliate Program. Once you have become an affiliate, you can use your affiliate ID to link to any page at SexySpiritualRelationships.com and earn commissions on all sales of memberships and any products or services authored by 4 Freedoms. NOTE: Affiliates will not earn commissions on the sale of Expert’s electronic products, only on products and services authored by 4 Freedoms (Al Link and Pala Copeland).
Affiliates earn commissions up to 50%. First tier affiliate commissions (sales you personally sponsor) are 40% and second tier commissions (sales by others you recruit as affiliates) are 10%.
Find out more about and join our Affiliate Program here:
http://www.sexyspiritualrelationships.com/Affiliates/affiliate_manager/registration.html
Copyrighted Material
Featured Experts may only sell electronic products that they have full legal copyright for. You may not sell electronic products authored by others unless you have written permission from the author(s) granting you legal copyright. 4 Freedoms does not assume any responsibility for copyright violation by any Featured Expert for any product they submit for sale on our shopping cart. If it comes to our attention that there is a copyright violation with an electronic product offered for sale by an Expert, that Expert will be deleted from the system and banned from future membership. Any pending sales commissions will be forfeit and become the property of 4 Freedoms.
As a Featured Expert, you are solely responsible for ensuring that your reviews, product descriptions, articles, or other promotions by you of sexyspiritualrelationships.com, if presented on your website, obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Sexyspiritualrelationships.com will not be responsible if you use another party's copyrighted material in violation of the law. You have permission to use any promotional material presented for sexyspiritualrelationships.com affiliates to use.
The Featured Expert does not have the authority to make or accept any offer on behalf of sexyspiritualrelationships.com. Sexyspiritualrelationships.com is not responsible for any representations made by the Featured Expert which contradict our policies.
Services and Product Availability and Prices
Sexyspiritualrelationships.com reserves the right to change the prices of any services or products authored by 4 Freedoms at any time without notice to Featured Experts. 4 Freedoms will not change the prices of Expert’s electronic products, only the Featured Expert who added the product can change the price of that product.
Sexyspiritualrelationships.com will make every reasonable effort to keep its web site and credit card processing operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Featured Expert agrees not to hold sexyspiritualrelationships.com liable for any of the consequences of such interruptions.
Term of the Agreement
The Featured Expert will receive commission payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your online application is approved by 4 Freedoms, and shall end when canceled by either party as provided below.
Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the services or products are not returned or orders canceled.
Agreement Modifications
Sexyspiritualrelationships.com reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our web site.
Cancellation of Agreement
Either sexyspiritualrelationships.com or the Featured Expert, acting in their sole discretion, may choose to cancel this agreement at any time by email and/or written notice of cancellation to the other.
Warranty Disclaimer
Sexyspiritualrelationships.com makes no warranties, representations or conditions with regard to the services and products offered for sale whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.
Limitation of Damages
Sexyspiritualrelationships.com shall have no liability for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if sexyspiritualrelationships.com has been advised of the possibility of such damages.
Further, sexyspiritualrelationships.com aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by sexyspiritualrelationships.com to Featured Experts under this agreement.
Relationship of Parties
Featured Expert and sexyspiritualrelationships.com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Featured Expert shall not assign this Agreement, by operation of law or otherwise to any other party.
Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this agreement.
Disclaimer
Sexyspiritualrelationships.com WILL NOT BE LIABLE TO ANY FEATURED EXPERT OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OR PROFITS, REVENUE, DATA OR SERVICES, ARISING IN CONNECTION WITH THE EXECUTION, OPERATION OR PERFORMANCE OF THIS AGREEMENT OR THE OPERATION OF THE PARTICIPANTS SITE, REGARDLESS OF WHETHER sexyspiritualrelationships.com WAS INFORMED OR HAD DIRECT OR IMPUTED KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS IN ADVANCE. Sexyspiritualrelationships.com MAKES NO EXPRESSED OR IMPLIED WARRANTIES OR REPRESENTATIONS (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE).
Representations and Warranties
You hereby represent and warrant to us as follows:
1. This Agreement has been duly and validly executed and delivered by you when you submit an application to become a Featured Expert and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. By submitting an application to become a Featured Expert you agree that you have read this agreement in its entirety.
2. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate any provision of law, rule, or regulation to which you are subject, any order, judgment, or decree applicable to you or binding upon your assets or properties, any provision of your by-laws or certificate of incorporation, or any agreement or other instrument applicable to you or binding upon your assets or properties.
3. You are the sole and exclusive owner of your web site(s) and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not: breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
4. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.
5. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any Affiliate of yours, with respect to the execution, delivery or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agree that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.
Indemnification
You hereby agree to indemnify and hold harmless sexyspiritualrelationships.com and its directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on
* any claim that our use of the sexyspiritualrelationships.com name infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, * any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or
* any claim related to your site, including, without limitation, content therein not attributable to us.
Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) ENGAGE IN SIMILAR ARRANGEMENTS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN sexyspiritualrelationships.com FEATURED EXPERTS PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Governing Law Assignment Waiver
This Agreement will be governed by the laws of the Canada and the Province of Quebec without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or Provincial courts located in Quebec and you irrevocably consent to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.
Scope of Agreement
This Agreement constitutes the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements or representations between the parties.
Notices
All necessary notices and requests required or permitted to be given under this Agreement shall be in writing and delivered to the addresses as set forth in this agreement. The address for the Featured Expert shall be that address listed in the Application to become a Featured Expert and the address for sexyspiritualrelationships.com shall be: 4 Freedoms P.O. Box 144 Pembroke, Ontario, K8A 6X1, Canada
