Fabusend Referral Royalties™ Agreement


This Agreement contains the Terms and Conditions to apply to an individual's or an entity's participation in the Fabusend Referral Royalties™* Program (the "Program").  All Fabusend clients are automatically included in the Referral Royalties™ program, unless a specific written request has been received by Fabusend, and Fabusend has granted exclusion to its Referral Royalties™* program.  As used in this Agreement, "we", "us" or "our" refers to Fabusend. "You" or "your" refer to the applicant. "Participant" shall mean an applicant which has been approved to be a participant with the Referral Royalties™* Program. All dollars ($) shall be payable in the currency of the client's country.  For example, a U.S. client will be paid in U.S dollars. 

1. Referral Royalties™* Program Outline

By agreeing to the Terms and Conditions contained herein, you, the client will receive an email which will contain a special Promotional Code, referred to as a Referral Pay Code or "RPC".  We reserve the right to reject any group or individual for any reason.  Clients must remain paid Fabusend clients in good standing in order to benefit from any ongoing or future payments, commissions, Referral fees and/or Royalties.  Referral Royalties* that are payable up to three (3) years in the future shall only be paid to clients whose primary accounts with Fabusend are paid in full and up-to-date at that time.  There is an initial 15 day delay in online sales reporting as an anti-fraud, anti-spam precaution.  If you are within the 15 day refund period, you may, or may not be owed Referral Royalties™* payments.  Sales statistics will not be available for viewing until day 16.  Should you exercise your right to refund on your Fabusend purchase, you forfeit any and all Referral payments and Referral Royalties™* that may be owed, due or payable to you.  As determined at our sole discretion, any applicants who maintain or operate websites that are unsuitable for the program will not be considered.  Unsuitable client websites include sites that:

- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote unlawful activities
- Promote the use of unsolicited bulk email (U.B.E.), bulk commercial email (U.C.E.) or SPAM
- Contain content that is threatening, defamatory, fraudulent, obscene or harassing
- Violate intellectual property rights

2.  Order Processing

a.  Order Processing: We will be responsible for processing every order placed by a customer who utilizes the special promotional link provided to you.  Those responsibilities include order forms, payment processing, shipping, cancellations, returns and related customer service.  Our rules, operating procedures sales policies and general policies regarding customer orders and accounts apply to orders we receive through/accompanied by your special promotional link.  We reserve the right to reject any order for any reason, including any order that does not comply with our rules, operating procedures and policies or that violates applicable law.

b.  Tracking of Sales: We will track sales made to customers who use your promotional link.  We track sales through the use of cookies.  You will be responsible for ensuring that your special link is entered correctly by customers, a necessary prerequisite for those customers to obtain discounted pricing as well as for us to track such sales.  Statements of Referral product sales activity will be provided to you.  All statements after 30 days shall be deemed correct unless you give us notice of any error prior to that date.  We shall not be responsible for any errors you or your customers make which result in any loss of any tracking information contained in the special link.  We do not have any obligation or liability to pay Referral fees for purchases made from which cookies are not reasonably traceable by Fabusend.  To protect our customers' privacy, the names or other personal information about specific customers will not be provided to you.  We will mail out commission checks on the first day of the month.

c.  Fabusend's Sales Policy Applies to All Orders: Every customer who buys a product through this program is deemed to be a customer of Fabusend.  You do not have the authority to make or accept any offer of purchase on our behalf.  All of our policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers.  We are not responsible for any representations you make which conflict with our policies. 

d.  Product Pricing: We will follow our pricing policies to determine the price of Fabusend products sold on the Fabusend.com website.  Product prices may vary from time to time.  You may not specify exact product prices in your descriptions.  Product price changes are subject to change without notice and we cannot guarantee product pricing. 

3.  Referral Fees

a.  Referral Fee Amount: We will pay the Fabusend client a one-time $40.00 commission, on all net product sales of qualifying Fabusend products or services purchased by an end-user using the client's appropriate promotional link at our secure point of sale.  Net product sales are defined as completed online annual subscription sales accompanied by an approved client's promotional code, less any returns and/or charge backs. 
b.  Renewals: Fabusend is sold on an annual subscription basis.  Should your referred (client generated) clients renew their subscription with Fabusend, you the Fabusend Approved client shall be paid an additional referral fee(s), referred to as a "Referral Royalties™.  Referral Royalty payments shall be limited and payable to a maximum of (3) three years or (3) three renewals at which time the Referral Royalty expires, with a fee schedule set out as follows: Year 1 renewal: $20.00, Year 2 renewal: $20.00, Year 3 renewal: $20.00.  The maximum Referral Royalties™ payable on any one referral sale is/are $100.00 over 3 years and is/are contingent upon referred client actual subscription renewals.  Referral Royalty payments are in addition to the initial $40.00 commission payable. 
c.  Referral Fee Payment: We will send you referral payments via PayPal every month.  If you do not have a PayPal account you will be required to get one (free) in order to receive any payment from Fabusend.  You agree to give Fabusend the right to publish your name, address and recent photograph as it appears on your letterhead, along with your earnings amount(s), without any claim for broadcasting, printing, royalty or other rights.

d.  Returns and Cancellations: If a referral fee product is later returned by the customer, its referral fee will be deducted from the next payment sent to you.  If no referral fee is owed to you, you will be billed for this amount which is owed to us. 

4.  NO SPAM POLICY

You agree to observe and adhere to Fabusend's strict NO SPAM policy.  Our policy is simple: we do not permit SPAM of any nature in any capacity.  You understand that any form of SPAM or U.B.E.  (unsolicited bulk email) or U.C.E.  (unsolicited commercial email) may NOT be employed or used by yourself or any third party to promote or generate sales or to promote, advertise or otherwise distribute your promotional code, directly or indirectly; and that your Fabusend Approved client status, including promotional code, may immediately be revoked and terminated without notice if you engage in any such activity.

5.  NOT VALID WITH ANY OTHER PROMOTIONS OR OFFERS

The Fabusend Referral Royalties™* program is not valid in conjunction with any other offers or promotions past, present or future.  It is not valid with any other promotional codes or office programs and/or discounted pricing.  It is not valid with any prior assigned codes or invoice number codes.  If you have offered or extended discounts or discounted offers to others and caused sales from those actions, no referral commissions are applicable or payable in any regard.  No back-dated or retro-active referral commissions are payable under any circumstances and all of the foregoing shall be without exception.  Client's Promotional Codes have no face value or cash value and are non-transferable.

6.  Responsibility for Your Website

You will be solely responsible for the development, operation and maintenance of your website and for all materials that appear on your site.  For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting product descriptions on your site and linking those descriptions to our Website the accuracy and appropriateness of materials posted on your site (including, among other things, all product related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy or other personal or proprietary rights) ensuring that materials posted on your site are not libellous or otherwise illegal.

a.  We disclaim all liability for these matters.  Further, you will indemnify and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your website.

7.  Limited License

a.  We grant you a non-exclusive, revocable right to advertise and promote Fabusend products and services.  We reserve all of our rights in our company logo, any other images, our trade names, trademarks and copyrights and all other intellectual property rights.  We may revoke your license at any time by giving you written notice.  Upon cancellation or termination of this Agreement, you agree to immediately cease all promotion and advertisement of Fabusend products and services as herein described. 

8.  General Provisions

Website Service Interruption: Fabusend will make every effort to keep its Website(s) operational.  However, certain technical difficulties may, from time to time, result in temporary service interruptions.  You agree not to hold us liable for any of the consequences of such interruptions.

a.  Term of the Agreement: You may only receive referral fee payments for orders that are properly placed during the term of this Agreement.  This term will begin on the date that you purchase or sign up for Fabusend and shall end when cancelled or terminated by either party as provided below.  Unless otherwise cancelled or terminated, the Agreement will be for one (1) year and automatically renewed annually.  Referral fees earned through the date of cancellation or termination of this Agreement will remain payable only if the products are not returned or cancelled from their orders.  Payment of the final referral fee payment to you may be withheld for a reasonable time in order to ensure that the correct amount is paid.

b.  Modifications: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new Agreement on our site.  Modifications may include, for example, changes in the scope of available referral fees, fee rates, payment procedures, and program rules. 
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.  YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

c.  Effect of Termination: Upon termination or expiration of this Agreement, Participant shall have no right or license to promote the Fabusend trademarks, copyrights, intellectual property, etc.  in any manner.  Fabusend shall have no obligation to pay Participant any fees or charges, including Referral Fees, for services or products purchased after the expiration or termination of this Agreement for any reason.  All provisions of this Agreement which by their nature are intended to service the expiration or termination of this Agreement shall survive and remain in full force and effect.

d.  Cancellation of This Agreement: Either party may choose to cancel or terminate this Agreement at any time and for any reason by written notice of cancellation or termination to the other.

e.  WARRANTY DISCLAIMER: WE MAKE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS WITH REGARD TO THE PROGRAM OR 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.  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.

f.  LIMITATION OF DAMAGES: WE 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 WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  FURTHER, OUR 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 US TO YOU UNDER THIS AGREEMENT.

g.  Independent Contractors: You are an independent contractor and nothing in this Agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship with us.

h.  Governing Law.  This Agreement shall be governed by and construed in accordance with the substantive laws of the province of British Columbia, Canada, excluding its conflict of laws principles.  Any lawsuit relating to this Agreement must be brought in the Federal or Provincial courts located in Vancouver, British Columbia, Canada.

i.  Headings.  The titles and headings of the various sections and paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever, or to explain, modify or place any construction upon or on any of the provisions of this Agreement.

j.  Assignment.  You may not assign this Agreement, by operation of law or otherwise, without prior written consent from Fabusend.  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.


k.  Waiver: 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. 

l.  Free to Contract with Others: You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate websites that are similar to or compete with your website.
m.  Independent Investigation: You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement. 

9.  ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY CHECKING THE BOX ON THE FOREGOING ORDER PAGE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, AS WELL AS THE T & C IN ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.
* Referral Royalties™ projections are contingent upon actual subscription renewals.


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