Affiliate Program Agreement

This agreement describes the terms and conditions for participation in the Custom Built Spas "affiliate program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Custom Built Spas. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refers to Custom Built Spas and the terms "product" or "products" refer to the exclusive spa building books and cd's published and offered by Custom Built Spas and the spa accessories offered on the Custom Built Spas website. You can add or remove links at any time: You may add as many links to the Custom Built Spas website or remove such links, at anytime and without prior approval from Custom Built Spas. Referral Fee Qualifying Products:  The following products will be considered "qualifying products":

Referral Fee Amount: The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Custom Built Spas, shipped/sent to a customer and for which Custom Built Spas has received full payment will qualify for a referral fee.The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule: 

Build Your Own Custom Spa Version 1 "Book Package" - Tier One $25.00 Tier Two $5.00   

Build Your Own Custom Swim Spa “2 Book Package" - Tier One $25.00 Tier Two $5.00 

Build Your Own Custom Spa “ 5 CD Package" - Tier One $25.00 Tier Two $5.00

 

ECO-SPA 120 Volt - Tier One $150.00 Tier Two $50.00

ECO-SPO 240 Volt - Tier One $150.00 Tier Two $50.00

ESC 16 - 110 Volt - Tier One $200.00 Tier Two $50.00

ESC 16 - 240 Volt - Tier One $200.00 Tier Two $50.00

ESC 24 - 110 Volt - Tier One $225.00 Tier Two $50.00

ESC 36 - 240 Volt - Tier One $225.00 Tier Two $50.00

ESC 48 - 240 Volt - Tier One $250.00 Tier Two $75.00

 

Pro Swimmer - Tier One $25.00 Tier Two $5.00

Referral Fee Payment: Custom Built Spas will send out by US postal service a referral fee check for the applicable referral fee within the first 5 days after the 1st of each calendar month. A statement of customer purchase activity may also be sent to the Participant each quarter of the calendar year. 

Referral Fees: 

Returns and Cancellations: If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed. 

Order Processing: Custom Built Spas will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use the Custom Built Spas secure online ordering process, Custom Built Spas office dial in number or Custom Built Spas mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Custom Built Spas.All of the rules, operating procedures and policies of Custom Built Spas regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Custom Built Spas reserves the right to reject any order that does not comply with our rules, operating procedures and policies. 

Tracking of Sales: Custom Built Spas will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant in realtime with a special URL that they are assigned. 

Promotional Techniques: You are free to promote the link to Custom Built Spas in all the ways we recommend in the introduction email letter you receive by email immediately after you sign up. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters subscribers or your client base. However, if you use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer our products on any WAREZ, CRACK, or SPAM oriented site, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of Custom Built Spas.

As well, if you choose to promote Custom Built Spas SubReseller Program, it can only be promoted as a two-tier business opportunity. This program is not a MLM (multi-level marketing) opportunity and as an affiliate, you cannot promote it as MLM. If you promote the Custom Built Spas Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of Custom Built Spas.  
References/Testimonials: You agree to cooperate with Custom Built Spas in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website. 

Associates Signing-Up Under Themselves: We will not tolerate current associates signing themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this. If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of the Custom Built Spas. To put it bluntly, it's not worth trying! 

Copyrighted material: As the Participant, you are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Custom Built Spas will not be responsible if you use another party's copyrighted material in violation of the law. 

Custom Built Spas policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of Custom Built Spas. The Participant does not have the authority to make or accept any offer on behalf of Custom Built Spas. All Custom Built Spas policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Custom Built Spas is not responsible for any representations made by the Participant which contradict our policies. 

Product prices and availability: The price charged for every product sold under this program will be determined by Custom Built Spas according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on Custom Built Spas webpages linked from your sponsoring website.Product availability can change and Custom Built Spas will present the best information available to all sponsoring sites and its clients regarding product availability. 

Website service interruption: Custom Built Spas will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Custom Built Spas liable for any of the consequences of such interruptions. 

Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with our products and services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of our products and services. We grant you the right to any of our Trademarks and Trade Names applicable in connection with marketing our products and services only. 

Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Custom Built Spas and shall end when canceled by either party as provided below.Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid. 

The agreement may be modified: Custom Built Spas 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 website. 

Cancellation of this agreement: Either Custom Built Spas or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

(Legality part of the agreement): 

Warranty Disclaimer:  

Custom Built Spas makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Custom Built Spas' then current product sales policies, any products sold thereunder, 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: 

Custom Built Spas shall have no liability for any 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 Custom Built Spas has been advised of the possibility of such damages. Further, Custom Built Spas' aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by Custom Built Spas to Participant under this agreement. 

Miscellaneous:

Participant and Custom Built Spas 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. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Custom Built Spas. 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. 

Governing Law:

This agreement shall be governed by the laws of the United States without reference to its choice of law principles.