Ultimate Career Consultants™ – Affiliate Program
Terms and Conditions

This Affiliate Service Agreement (the “Agreement”) is made by and between “Ultimate Career Consultants,” a division of Career Potential, LLC, a Pennsylvania, USA limited liability corporation (“UltimateCareerConsultants.com”), and you, as an Affiliate utilizing the UltimateCareerConsultants.com program (“You”, “Your”, “Affiliate”).

You must agree to abide by the terms and conditions contained in this Agreement in order to participate. Please read this Agreement carefully before registering and representing the program as an Affiliate.

By signing-up for UltimateCareerConsultants.com, you indicate your acceptance of this Agreement and its terms and conditions. If you do not accept this Agreement, do not represent the UltimateCareerConsultants.com program as an Affiliate.

The Agreement is summarized as follows:

Ultimate Career Consultants and Career Potential, LLC make no promises, assurances or guarantees about the earnings, commissions or conversions that our Affiliates will earn or receive.
Adult, Hate, or other related web sites are not allowed to be Affiliates or associated in any way with the program.
You will be paid your commissions on the 10th of each month for the previous month’s commissions.
All statistics are collected and calculated by UltimateCareerConsultants.com, and will be the only valid statistics used for determining commissions.
As an Affiliate, you may only have one account. You may list multiple domains in one account, but only one account is allowed. Self-referrals for Affiliate or Affiliate accounts are strictly prohibited.
International applicants (those with addresses outside of the 50 U.S. States) are not accepted as Affiliates.
Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed.
We will not be held liable – a link to a non-UltimateCareerConsultants.com Web site does not mean that UltimateCareerConsultants.com endorses or accepts any responsibility for the content or the use of such Web site.
Failure to abide by these rules could mean termination from UltimateCareerConsultants.com completely with a complete forfeit of commissions.
Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually “refreshing” of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR ACTUAL FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

PRIVACY POLICY

UltimateCareerConsultants.com respects the privacy of its users and will not disclose personal information to third parties without the express permission of You and Your company. If You have any questions please contact moc.stnatlusnoCreeraCetamitlUnull@ofni.

DEFINITIONS

“Performance Marketing” occurs when individual web sites that generate their own traffic (“Affiliates”) partner with online Affiliates (“Affiliate”)’s and the Affiliate pays a commission or other reward for those Visitors resulting in a measurable action such as a closed sale, lead, hit, or other action.

“Affiliate” means an individual or business generating their own traffic and thus rewarded for legitimate sales, leads, clicks, or other measurable action. Affiliates use UltimateCareerConsultants.com to facilitate relationships with Affiliates as well as gain tracking, reporting, and receipt of commission payment.

“Affiliate” means an e-commerce entity paying a commission or bounty for legitimate sales, leads, clicks, or other measurable action by a Visitor. Affiliates use UltimateCareerConsultants.com facilitate relationships as well as gain tracking, reporting, and issuance of commission payment.

“Visitor” means any person, or user that clicks on a Link to an Affiliate’s Web site placed on an Affiliate’s Web site.

“Sale commission” means the Payout the Affiliate receives for Visitors referred to the Ultimate Career Consultants’ Web site that result in a sale of the Licensed Ultimate Career Coach Consultant Program.

“Payout” means the amount of sale commission, lead commission, or click commission an Affiliate agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.

“Commission” means the amount sale commission, lead commission, or click commission an Affiliate agrees to pay for an individual measurable action. The Payout is defined as either a percentage of a total sale amount, or as a set bounty (flat rate) per action.

“Link” means a hyperlink placed on an Affiliate’s site that, when clicked on, sends a Visitor through to an Affiliate website via redirection at UltimateCareerConsultants.com. Links take many forms including text, a product image, buttons, banners, videos or any other format acceptable to the Affiliate.

“VOID” means a reversal of a Payout previously earned for a sale, lead, or click that is later rescinded or corrected by the Affiliate. Affiliates may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.

“Your Account” means a specific account within the Service, where Commissions are credited.

LINK PLACEMENT

As an Affiliate of this program, you may place and remove Affiliate Links on your web site and in acceptable locations.

You may place our Affiliates’ banners anywhere on your web site as you see fit, or within non-spam emails. You may also place banners or links within your newsletters, in content of your web site, or within other web related content.
You may not place our links and/or banners on any Adult, Hate, or other related sites.
Any page that contains UltimateCareerConsultants.com links, banners, or code must be written in English.
You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
NOT ALLOWED: All other uses of banners or links, such as newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, or guestbooks etc. are NOT allowed.
NOT ALLOWED: Any placement of creative in a “Desktop” advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.
NOT ALLOWED: Any display of a Affiliate window that isn’t the result of a direct click by the end-user.

AFFILIATE PAYMENT

You will receive a Commission for sending an Affiliate authorized sale via Your Links. In order to place Links, You must first be approved by an Affiliate to become an Affiliate of that Affiliate’s program. The Commission rate is 10%. You understand that the Commission rate may be changed at any time, but you will be notified of any changes in advance. This information is also available to you within the Ultimate Career Consultants’ Affiliate’s eBook.

You are responsible for determining if the Link you have placed on your site has changed or been discontinued. You receive the Commission from UltimateCareerConsultants.com.

Payments are made automatically via checks on the tenth (10th) day of the month for the sales pertaining to the previous month.

In the event of a VOID by an Affiliate, UltimateCareerConsultants.com will recover from You the corresponding Commission previously paid Commission to Your Account. You will be responsible for the repayment of the VOID Commission. We may deduct the VOID Commission from Your Account balance. In the event that Your Account balance is less than the VOID Commission, the VOID Commission may be deducted against Your future earnings.

SERVICE AND SUPPORT

UltimateCareerConsultants.com will provide support for the program as indicated on the UltimateCareerConsultants.com web site.

EMAIL CONTACT

UltimateCareerConsultants.com reserves the right to send e-mail to you for the purposes of informing you of applicable changes or additions to the Service or any UltimateCareerConsultants.com related products and services.

CHANGES TO THE SERVICE

UltimateCareerConsultants.com reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the program at any time.

In the event of any material change, UltimateCareerConsultants.com will notify you via e-mail, newsletter or the UltimateCareerConsultants.com web site at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the program.

REGISTRATION

To sign up as an Affiliate of UltimateCareerConsultants.com and to use the program as an Affiliate, you must be at least 18 (eighteen) years of age, and supply a valid tax-ID, which may be your social security number for individuals, or a federal tax-ID for corporations or entities.

As part of the registration process, You will select a username and password combination to access Your Affiliate area within the Service. You will provide UltimateCareerConsultants.com with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity.

You agree that UltimateCareerConsultants.com may rely on any data, notice, instruction or request furnished to UltimateCareerConsultants.com by You which is reasonably believed by UltimateCareerConsultants.com to be genuine and to have been sent or presented by a person reasonably believed by UltimateCareerConsultants.com to be authorized to act on Your behalf.

You shall notify UltimateCareerConsultants.com by e-mail at moc.stnatlusnoCreeraCetamitlUnull@ofni of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your username and password.

You shall be responsible for maintaining the confidentiality of Your username and password and

You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account.

Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by UltimateCareerConsultants.com and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to UltimateCareerConsultants.com that all content You provide to the program is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable.

As UltimateCareerConsultants.com may not review all information provided by You, You shall remain solely responsible for Your content and web site. As an Affiliate, You may not artificially inflate traffic counts to Affiliate site(s) using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects.

UltimateCareerConsultants.com RESERVES THE RIGHT TO DEEM ANY WEB SITE INAPPROPRIATE AND TERMINATE THE WEB SITE AS A MEMBER OF UltimateCareerConsultants.com.

If You are terminated from the program, UltimateCareerConsultants.com has the right to withhold money You earned within the program or money that You owe within the program and You will not be allowed to re-join UltimateCareerConsultants.com.

LIMITED WARRANTY

The program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, UltimateCareerConsultants.com DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF AFFILIATEABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, UltimateCareerConsultants.com SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE PROGRAM WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

UltimateCareerConsultants.com will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold UltimateCareerConsultants.com liable for any of the consequences of such interruptions.

UltimateCareerConsultants.com SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE OR AFFILIATE CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES.

UltimateCareerConsultants.com SHALL HAVE NO LIABILITY WITH RESPECT TO AFFILIATE OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF AFFILIATE HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF AFFILIATE HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY AFFILIATE AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

UltimateCareerConsultants.com SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE UltimateCareerConsultants.com PROGRAM OR ANY INFORMATION PROVIDED ON THE UltimateCareerConsultants.com WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF UltimateCareerConsultants.com OR A UltimateCareerConsultants.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, UltimateCareerConsultants.com’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that UltimateCareerConsultants.com, although the provider of the program, has no responsibility or liability as a result of Your placement of authorized Links from Your web site, and You, and the Affiliate, jointly and severally agree to indemnify, defend, and hold harmless UltimateCareerConsultants.com and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

NON-DISCLOSURE

UltimateCareerConsultants.com acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of Your company.

UltimateCareerConsultants.com agrees not to disclose or disseminate the Confidential Information without Your prior express written consent.

The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of UltimateCareerConsultants.com, that becomes available to UltimateCareerConsultants.com from third parties without knowledge by UltimateCareerConsultants.com of any breach of fiduciary duty, or that UltimateCareerConsultants.com had in its possession prior to the date of this Agreement. UltimateCareerConsultants.com does not collect information about an Affiliate’s customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports.

Any information we receive is used solely for tracking and Commission payment purposes. UltimateCareerConsultants.com reserves the right to be able to utilize this data in aggregate to analyze program trends, monitor program efficiencies, and perform such other analysis as UltimateCareerConsultants.com deems appropriate.

OWNERSHIP AND LICENSES

You, the Affiliate, are granted a non-exclusive, limited, revocable right to use the UltimateCareerConsultants.com Affiliate provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of the Ultimate Career Consultants, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein.

All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the Ultimate Career Consultants sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

REPRESENTATIONS

UltimateCareerConsultants.com makes no representations whatsoever about any other web site which You may access through the program. In addition, a link to a non-UltimateCareerConsultants.com web site does not mean that UltimateCareerConsultants.com endorses or accepts any responsibility for the content or the use of such web site.

NONASSIGNABILITY

Affiliate or UltimateCareerConsultants.com may assign this Agreement to any successor or Affiliate upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE

Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by Pennsylvania, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the Commonwealth of Pennsylvania, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Ultimate Career Consultants™ – Affiliate Program Terms and Conditions