WunderCounter Affiliate Terms of Service
WUNDERSOLUTIONS.COM shall have the sole right and responsibility for processing and tracking all orders and for determining all credit amounts.
WUNDERSOLUTIONS.COM shall have sole right to determine product pricing and sales policy. All determinations made by WUNDERSOLUTIONS.COM will be final and binding on all parties.
WUNDERSOLUTIONS.COM shall have the right to change its pricing and policies at any time and without notice.
WUNDERSOLUTIONS.COM reserves the right to change, add to or delete any portion of this agreement at any time. Notifications of any modification of this agreement will be posted on the "Terms of Service" section of the WUNDERCOUNTER.COM web site.
The Affiliate is responsible for notifying WUNDERSOLUTIONS.COM of any problems with the banners or link information provided by WUNDERSOLUTIONS.COM.
Either party may terminate this agreement at any time for any reason. Any credits due to an Affiliate at the time of termination will remain in force.
Payments will be made by WUNDERSOLUTIONS.COM on or by the 20th of each month on all earnings accumulated up to and including the last day of the previous month. If the Affiliate's earnings are under $10.00, these earnings will be carried forward to the next month. Payments will be made to the Affiliate via PayPal.com or by cheque.
Payments for an Affiliate account which has been terminated will be made on or by the 20th the month following the cancellation of said Affiliate account. Affiliates who cancel their Affiliate accounts will no longer be eligible to participate in the WUNDERSOLUTIONS.COM affiliate program in the future. Any attempt to re-establish an Affiliate account or to earn further affiliate fees after the cancellation of an Affiliate account will be regarded as fraudulent.
WUNDERSOLUTIONS.COM reserves the right to terminate this Agreement and the Affiliate's participation in the WUNDERSOLUTIONS.COM Affiliate Program immediately and without notice to the Affiliate should the Affiliate commit fraud in the use of the Affiliate Program or should the Affiliate abuse this program in any way. If such fraud or abuse is detected, WUNDERSOLUTIONS.COM shall not be liable to the Affiliate for any Referral Fees for such fraudulent referrals.
In the case of a fraudulent referral, if WUNDERSOLUTIONS.COM has already made payment to the Affiliate for said fraudulent referral, this payment will be deducted from future Affiliate payments. However, if said fraudulent referral proves to have been perpetrated or assisted in any way by the Affiliate, this money must be paid to WUNDERSOLUTIONS.COM within 14 days of notification by WUNDERSOLUTIONS.COM After 14 days the matter will be turned over to the proper authorities.
Fraudulent referrals include (but are not limited to) Credit Card transactions which are later reversed by the cardholder.
WUNDERSOLUTIONS.COM and the Affiliate shall act as independent contractors and shall not have the right or authority to obligate the other party in any way.
The Affiliate agrees to keep to all personal contact information required by WUNDERSOLUTIONS.com accurate and current.
The Affiliate agrees that the Affiliate is an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Affiliate and WUNDERSOLUTIONS.COM. The Affiliate will have no authority to make or accept any offers or representations on behalf of WUNDERSOLUTIONS.COM. The Affiliate will not make any statement, whether on the Affiliate's Site or any other of the Affiliate's Sites or otherwise, that reasonably would contradict anything in this Section.
In no event will WUNDERSOLUTIONS.COM be liable to the Affiliate for any damages of any kind, including but not limited to, compensatory damages, lost profits, lost data or any form of special, incidental, indirect, consequential or punitive damages of any kind whether based on breach of contract or warranty, tort (including negligence), product liability or otherwise, even if WUNDERSOLUTIONS.COM is informed in advance of the possibility of such damages.
This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario, without regard to the Affiliate's actual province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.