Program Application






Conversion action Online purchase with processed valid payment
Cookie days 30 day(s)
Commission type Percent of Sale
Base commission 10.00%

FOREWORD


Our
affiliates are very important to us. We do our best to treat you with
the fairness and respect you deserve. We simply ask the same
consideration of you. We have written the following affiliate
agreement with you in mind, as well as to protect our company's good
name. So please bear with us as we take you through this legal
formality.


If
you have any questions, please don't hesitate to let us know. We are
strong believers in straight-forward and honest communication. For
quickest results please email us at [email protected]


Best
regards,


Ezequiel
Reyes
ezequielshealingtools.com Affiliate Manager


 


AFFILIATE
AGREEMENT


PLEASE
READ THE ENTIRE AGREEMENT.


YOU
MAY PRINT THIS PAGE FOR YOUR RECORDS.


THIS
IS A LEGAL AGREEMENT BETWEEN YOU AND EZEQUIELS HEALING TOOLS, INC.
(DBA EZEQUIELSHEALINGTOOLS.COM)


BY
SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ
AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT
YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND
CONDITION.


1.
Overview


This
Agreement contains the complete terms and conditions that apply to
you becoming an affiliate in Ezequielshealingtools.com's Affiliate
Program. The purpose of this Agreement is to allow HTML linking
between your web site and the Ezequielshealingtools.com web site.
Please note that throughout this Agreement, "we," "us,"
and "our" refer to Ezequielshealingtools.com, and "you,"
"your," and "yours" refer to the affiliate.


2.
Affiliate Obligations


2.1.
To begin the enrollment process, you will complete and submit the
online application at the Shopify.com server. The fact that we
auto-approve applications does not imply that we may not re-evaluate
your application at a later time. We may reject your application at
our sole discretion. We may cancel your application if we determine
that your site is unsuitable for our Program, including if it:


2.1.1.
Promotes sexually explicit materials 
2.1.2. Promotes
violence 
2.1.3. Promotes discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age
2.1.4.
Promotes illegal activities 
2.1.5. Incorporates any
materials which infringe or assist others to infringe on any
copyright, trademark or other intellectual property rights or to
violate the law 
2.1.6. Includes “Ezequielshealingtools”
or variations or misspellings thereof in its domain name 
2.1.7.
Is otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise
objectionable to us in our sole discretion. 
2.1.8. Contains
software downloads that potentially enable diversions of commission
from other affiliates in our program. 
2.1.9. You may not
create or design your website or any other website that you operate,
explicitly or implied in a manner which resembles our website nor
design your website in a manner which leads customers to believe you
are Ezequielshealingtools.com or any other affiliated business.


2.2.
As a member of Ezequielshealingtools.com's Affiliate Program, you
will have access to Affiliate Account Manager. Here you will be able
to review our Program’s details and previously-published affiliate
newsletters, download HTML code (that provides for links to web pages
within the Ezequielshealingtools.com web site) and banner creatives,
browse and get tracking codes for our coupons and deals. In order for
us to accurately keep track of all guest visits from your site to
ours, you must use the HTML code that we provide for each banner,
text link, or other affiliate link we provide you with.


2.3.
Ezequielshealingtools.com reserves the right, at any time, to review
your placement and approve the use of Your Links and require that you
change the placement or use to comply with the guidelines provided to
you.


2.4.
The maintenance and the updating of your site will be your
responsibility. We may monitor your site as we feel necessary to make
sure that it is up-to-date and to notify you of any changes that we
feel should enhance your performance.


2.5.
It is entirely your responsibility to follow all applicable
intellectual property and other laws that pertain to your site. You
must have express permission to use any person's copyrighted
material, whether it be a writing, an image, or any other
copyrightable work. We will not be responsible (and you will be
solely responsible) if you use another person's copyrighted material
or other intellectual property in violation of the law or any third
party rights.


3.
Ezequielshealingtools.com Rights and Obligations


3.1.
We have the right to monitor your site at any time to determine if
you are following the terms and conditions of this Agreement. We may
notify you of any changes to your site that we feel should be made,
or to make sure that your links to our web site are appropriate and
to notify further you of any changes that we feel should be made. If
you do not make the changes to your site that we feel are necessary,
we reserve the right to terminate your participation in the
Ezequielshealingtools.com Affiliate Program.


3.2.
Ezequielshealingtools.com reserves the right to terminate this
Agreement and your participation in the Ezequielshealingtools.com
Affiliate Program immediately and without notice to you should you
commit fraud in your use of the Ezequielshealingtools.com Affiliate
Program or should you abuse this program in any way. If such fraud or
abuse is detected, Ezequielshealingtools.com shall not be liable to
you for any commissions for such fraudulent sales.


3.3.
This Agreement will begin upon our acceptance of your Affiliate
application, and will continue unless terminated hereunder.


4.
Termination


Either
you or we may end this Agreement AT ANY TIME, with or without cause,
by giving the other party written notice. Written notice can be in
the form of mail, email or fax. In addition, this Agreement will
terminate immediately upon any breach of this Agreement by you.


5.
Modification


We
may modify any of the terms and conditions in this Agreement at any
time at our sole discretion. In such event, you will be notified by
email. Modifications may include, but are not limited to, changes in
the payment procedures and Ezequielshealingtools.com's Affiliate
Program rules. If any modification is unacceptable to you, your only
option is to end this Agreement. Your continued participation in
Ezequielshealingtools.com's Affiliate Program following the posting
of the change notice or new Agreement on our site will indicate your
agreement to the changes.


6.
Payment


Ezequielshealingtools.com
uses a third party to handle all of the tracking and payment. The
third party is the Shopify.com affiliate network. Kindly review the
network’s payment terms and conditions.


7.
Access to Affiliate Account Interface


You
will create a password so that you may enter Shopify’s secure
affiliate account interface. From their site you will be able to
receive your reports that will describe our calculation of the
commissions due to you.


8.
Promotion Restrictions


8.1.
You are free to promote your own web sites, but naturally any
promotion that mentions Ezequielshealingtools.com could be perceived
by the public or the press as a joint effort. You should know that
certain forms of advertising are always prohibited by
Ezequielshealingtools.com. For example, advertising commonly referred
to as "spamming" is unacceptable to us and could cause
damage to our name. Other generally prohibited forms of advertising
include the use of unsolicited commercial email (UCE), postings to
non-commercial newsgroups and cross-posting to multiple newsgroups at
once. In addition, you may not advertise in any way that effectively
conceals or misrepresents your identity, your domain name, or your
return email address. You may use mailings to customers to promote
Ezequielshealingtools.com so long as the recipient is already a
customer or subscriber of your services or web site, and recipients
have the option to remove themselves from future mailings. Also, you
may post to newsgroups to promote Ezequielshealingtools.com so long
as the news group specifically welcomes commercial messages. At all
times, you must clearly represent yourself and your web sites as
independent from Ezequielshealingtools.com. If it comes to our
attention that you are spamming, we will consider that cause for
immediate termination of this Agreement and your participation in the
Ezequielshealingtools.com Affiliate Program. Any pending balances
owed to you will not be paid if your account is terminated due to
such unacceptable advertising or solicitation.


8.2.
Affiliates that among other keywords or exclusively bid in their
Pay-Per-Click campaigns on keywords such as
Ezequielshealingtools.com, ezequielshealingtools,
www.ezequielshealingtools, www.ezequielshealingtools.com, and/or any
misspellings or similar alterations of these – be it separately or
in combination with other keywords – and do not direct the traffic
from such campaigns to their own website prior to re-directing it to
ours, will be considered trademark violators, and will be banned from
Ezequiels Healing Tools’ Affiliate Program. We will do everything
possible to contact the affiliate prior to the ban. However, we
reserve the right to expel any trademark violator from our affiliate
program without prior notice, and on the first occurrence of such PPC
bidding behavior.


8.3.
Affiliates are not prohibited from keying in prospect’s information
into the lead form as long as the prospects’ information is real
and true, and these are valid leads (i.e. sincerely interested in
Ezequiels Healing Tools’ service).


8.4.
Affiliate shall not transmit any so-called “interstitials,”
“Parasiteware™,” “Parasitic Marketing,” “Shopping
Assistance Application,” “Toolbar Installations and/or Add-ons,”
“Shopping Wallets” or “deceptive pop-ups and/or pop-unders”
to consumers from the time the consumer clicks on a qualifying link
until such time as the consumer has fully exited Ezequiels Healing
Tools’ site (i.e., no page from our site or any Merchant.com’s
content or branding is visible on the end-user’s screen). As used
herein a. “Parasiteware™” and “Parasitic Marketing” shall
mean an application that (a) through accidental or direct intent
causes the overwriting of affiliate and non affiliate commission
tracking cookies through any other means than a customer initiated
click on a qualifying link on a web page or email; (b) intercepts
searches to redirect traffic through an installed software, thereby
causing, pop ups, commission tracking cookies to be put in place or
other commission tracking cookies to be overwritten where a user
would under normal circumstances have arrived at the same destination
through the results given by the search (search engines being, but
not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and
similar search or directory engines); (c) set commission tracking
cookies through loading of Merchant site in IFrames, hidden links and
automatic pop ups that open Ezequielshealingtools.com’s site; (d)
targets text on web sites, other than those web sites 100% owned by
the application owner, for the purpose of contextual marketing; (e)
removes, replaces or blocks the visibility of Affiliate banners with
any other banners, other than those that are on web sites 100% owned
by the owner of the application.


9.
Grant of Licenses


9.1.
We grant to you a non-exclusive, non-transferable, revocable right to
(i) access our site through HTML links solely in accordance with the
terms of this Agreement and (ii) solely in connection with such
links, to use our logos, trade names, trademarks, and similar
identifying material (collectively, the "Licensed Materials")
that we provide to you or authorize for such purpose. You are only
entitled to use the Licensed Materials to the extent that you are a
member in good standing of Ezequielshealingtools.com's Affiliate
Program. You agree that all uses of the Licensed Materials will be on
behalf of Merchant.com and the good will associated therewith will
inure to the sole benefit of Ezequielshealingtools.com.


9.2.
Each party agrees not to use the other's proprietary materials in any
manner that is disparaging, misleading, obscene or that otherwise
portrays the party in a negative light. Each party reserves all of
its respective rights in the proprietary materials covered by this
license. Other than the license granted in this Agreement, each party
retains all right, title, and interest to its respective rights and
no right, title, or interest is transferred to the other.


10.
Disclaimer


EZEQUIELSHEALINGTOOLS.COM
MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING
EZEQUIELSHEALINGTOOLS.COM SERVICE AND WEB SITE OR THE PRODUCTS OR
SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF
EZEQUIELSHEALINGTOOLS.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN
ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE
WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR
THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.


11.
Representations and Warranties


You
represent and warrant that:


11.1.
This Agreement has been duly and validly executed and delivered by
you and constitutes your legal, valid, and binding obligation,
enforceable against you in accordance with its terms;


11.2.
You have the full right, power, and authority to enter into and be
bound by the terms and conditions of this Agreement and to perform
your obligations under this Agreement, without the approval or
consent of any other party;


11.3.
You have sufficient right, title, and interest in and to the rights
granted to us in this Agreement.


12.
Limitations of Liability


WE
WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS
AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR
OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT
LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR
LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL
EZEQUIELSHEALINGTOOLS.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT
OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT,
NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE
THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS
AGREEMENT.


13.
Indemnification


You
hereby agree to indemnify and hold harmless
Ezequielshealingtools.com, and its subsidiaries and affiliates, and
their 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 (i) any claim that our use of the affiliate trademarks
infringes on any trademark, trade name, service mark, copyright,
license, intellectual property, or other proprietary right of any
third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, or
(iii) any claim related to your site, including, without limitation,
content therein not attributable to us.


14.
Confidentiality


All
confidential information, including, but not limited to, any
business, technical, financial, and customer information, disclosed
by one party to the other during negotiation or the effective term of
this Agreement which is marked "Confidential," will remain
the sole property of the disclosing party, and each party will keep
in confidence and not use or disclose such proprietary information of
the other party without express written permission of the disclosing
party.


15.
Miscellaneous


15.1.
You agree that you are an independent contractor, and nothing in this
Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between
you and Ezequielshealingtools.com. 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 any other of Your Site or
otherwise, that reasonably would contradict anything in this Section.


15.2.
Neither party may assign its rights or obligations under this
Agreement to any party, except to a party who obtains all or
substantially all of the business or assets of a third party.


15.3.
This Agreement shall be governed by and interpreted in accordance
with the laws of the State of California without regard to the
conflicts of laws and principles thereof.


15.4.
You may not amend or waive any provision of this Agreement unless in
writing and signed by both parties.


15.5.
This Agreement represents the entire agreement between us and you,
and shall supersede all prior agreements and communications of the
parties, oral or written.


15.6.
The headings and titles contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms
of this Agreement.


15.7.
If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the
minimum extent necessary such that the intent of the parties is
effectuated, and the remainder of this agreement shall have full
force and effect.