Affiliate Terms and Conditions

By signing up as an affiliate with Hicks Systems & Associates, Inc.  (HSA)
[Horse Training Resources], you agree to the following Terms of Service.

This agreement is by and between HSA and/or their assigns and all subscribers. Unless the context requires otherwise, HSA. and/or their assigns shall be referred to as “us, we, or our” and you shall be referred to as “you, your or subscriber.”

You understand that HSA. and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold HSA harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which HSA and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

Affiliate Site

HorseTrainingResources.com will create a unique URL link for you when you submit a complete Affiliate Enrollment Form and are approved.  You will be given directions on how to use the links and banners available to you.  Please note, all Affiliates must be approved.

Commissions

Affiliates will receive a commission equal to 20% of the product sales placed through your Affiliate Site or link.  For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product(s) ordered online. Commissions will only be paid on sales which are made through qualified Affiliate Sites or links.  Commissions will be paid on product sales only, not on shipping, handling or other costs or fees.

This Affiliate program is currently only open to those persons living in the United States of America.  We may open the affiliate program to those outside the USA in future.  Please let us know if you would be interested.

Payment

HSA, Inc. will send payment via PayPal for the applicable commissions no later than the 15th of the month for the previous month’s commissions. If any order that generated a referral commission is returned by the customer, or if there are any returned checks or charge backs, the commission on the returned amount will be deducted from the next monthly payment. If there is no subsequent commission payment, the Affiliate will be invoiced for the commissions paid that resulted in a return.  Returns for refunds are not common but they do happen from time to time.

If a customer that was referred by an Affiliate buys something on sale, then the affiliate commission will be adjusted accordingly.  For example, if a customer can buy a DVD worth $59.95 but gets it on sale (via a price reduction, using a coupon, by one – get one free, etc.) then the commission will be paid on the actual adjusted sale amount, not the retail value.  In the case where the customer can get a DVD free when they purchase something else, the commission will be reduced to reflect the percentage of the sale that includes the free item.  For example, if we have a “Buy 2, Get One Free” sale, the commission will adjusted to pay on the discounted value of the 3 items, not 2.

Commission payments will be dispersed via PayPal only.  No other form of payment will be provided at this time.

Order Fulfillment

HSA will be solely responsible for processing every order placed by a customer that used the Affiliate Site or link and HSA (or its assigns/subcontractors) will handle all order fulfillment and shipping.

Customers

Visitors who purchase products and services through the Affiliate Program are customers of HSA, Inc.   Accordingly, all HSA, Inc. rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. HSA, Inc.  policies will always determine the price paid by the customer.

All information regarding visitors referred to HSA by an Affiliate that either places an order, signs up for our email tips and/or free offers is the property of HSA, Inc. and HorseTrainingResources.com only.  We will NOT share names or any portion of our database with anyone outside HSA.

Tracking and Statistics

When a visitor uses the Affiliate link provided to you, a cookie will be set on the visitor’s computer that tracks that visitor by your Affiliate ID.  Subsequent visits by the same visitor will also be tracked and any purchases by the referred visitor will be attributed to your Affiliate account.  Some computer users erase cookies at different times and the tracking to your Affiliate ID can be lost over time.  Note that we have no control over this process.  The best way to control this cookie tracking method is to refer the same visitors using your link again.  We do not put any time limit on the life of the cookie.

Each time the visitor clicks on your link to visit a site owned by HSA, or re-visits the same site when the cookie is still present, it will be tracked.  Every purchase made by a first-time referral, or during a subsequent visit while the cookie is present, will be tracked.  The number of visits, purchases by month, commissions earned and paid, etc. will be available for you to track on your Affiliate tracking page.

Qualifying Sites

HSA, Inc. reserves the right to screen and/or remove members of Affiliate Program based on it’s own policies. Certain websites, blogs, forums, etc. that Do Not Qualify for the  HSA, Inc. Affiliate Program include sites which:

• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• promote illegal activities
• violate intellectual property rights

Unsolicited Commercial Email or SPAM

HSA, Inc. in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the HSA, Inc. Affiliate Program and a forfeiture of any commissions due. If you send spam or promote our products along with anything that violates our content filters you will be terminated.

Spamming or sending of any unsolicited email will not be tolerated.

Termination

We may terminate your account:

(a) if you violate our Terms Of Service Policy; (b) promote HSA in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion.

TERMS

You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.

YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.

Relationship of Parties

You are an independent contractor to HSA, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 would contradict this statement.

The relationship between HSA and you as an Affiliate is one of a referral only.  You will be paid a referral commission on products purchased by visitors sent using your Affiliate link.  No other relationship will be recognized or implied.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. 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 provision or any other provision of this Agreement.

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