Affiliate Terms and Conditions

The terms contained herein apply to all contractual dealings between Studio98, LLC (aka SendArticles.com) and the affiliate where the affiliate is selling services for Studio98, LLC. SendArticles.com is a website set up specifically for Studio98's Article Submission Service. Studio98, LLC is hereafter referred to as SendArticles.com.

Affiliates understand that SendArticles.com does not guarantee or predict any type of profit or response from said services. Affiliate agrees to hold SendArticles.com 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 SendArticles.com 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.

Every customer who purchases a Service is deemed to be our customer. We will be in direct contact with the customer for the purpose of fulfilling the customer's order. Affiliate shall refer all questions, requests or queries regarding our services to us. Affiliate does not have the authority to make or accept any offer on behalf of us. We are not responsible for any representations made by Affiliate, which contradict our policies.

SendArticles.com reserves the right to change the terms and conditions of this agreement as needed. Use of our servers by affiliates after said changes constitutes acceptance of those new terms and conditions.

General Rules:

Affiliates must have their own website or blog or promote their affiliate links through their own means, not supplied by SendArticles.com.
Affiliates are not allowed to promote SendArticles.com using any SPAM email.
Affiliates may market SendArticles.com to their own list of customers who have signed up to their mailing list.
Affiliates are allowed to bid on keywords (ex. Articles, submission service) as long as the services name (SendArticles.com) or Studio98 in its entirety is not included.
Affiliates may not make any claims on their website or blog that contradicts the information available on www.SendArticles.com.
Affiliates may not duplicate our website to promote SendArticles.com. Affiliate websites must be unique and individual to their owners.
Www.SendArticles.com will provide materials for the affiliates to use when promoting the said services offered by www.SendArticles.com. These materials can be distributed in means acceptable by the other general rules covered in these terms. You may not copy our material word for word.
Affiliates are not allowed to purchase memberships using their own affiliate link. This affiliate program is designed to reward affiliates who promote our service and is not to be used as a discount service. Any affiliate found violating this provision will be subject to immediate termination without notice.
Affiliates agree to use our system in a manner that is ethical and in conformity with community standards.
Affiliates agree to respect the privacy of other users. They shall not intentionally seek data or passwords belonging to other users, nor will they modify files or represent themselves as another user unless explicitly authorized to do so by the user.
Affiliates agree to respect the legal protection provided by copyright law, trade secret law and other laws protecting intellectual property.
Affiliates will not use the SendArticles.com as part of any bulk email campaign.

Service Interruption and Tracking
SendArticles.com will make every effort to ensure that our website is operational, and to track Affiliate's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Affiliate agrees that we are not liable in any way for such interruptions.

Returns And Cancellations
If referral fee qualifying Services are cancelled by Affiliate's customer, or if we have to issue a refund to Affiliate's customer for any reason, the corresponding referral fee(s) will be deducted from Affiliate's next monthly referral fee payment. If the said referral fee(s) are less than the amount due to Affiliate, the amount will be carried over to the next month or any following month until such time as the amount has been cleared for the balance.

No Spamming
Promoting our services via unsolicited email is strictly prohibited, and affiliate agrees to not reference us in any way, shape, or form, in any email that Affiliate sends in which the recipient has not specifically asked to receive it. In the case of mailings which are conducted by a third party on Affiliate's behalf, Affiliate assumes full responsibility and is advised to perform due diligence to ensure that the mailing list is in fact 100% opt-in. Furthermore, Affiliate may not link to our site from any URL that is promoted via unsolicited email. Affiliate may reference our services in discussion groups and message boards as long as this is done in a way that does not violate the conditions of participation in the discussion of the above-mentioned groups.

Termination Conditions:

We may terminate your account if:

An affiliate violates any of the terms and conditions.
Promotes SendArticles.com in an unethical or inappropriate manner.
For any reason, at our sole discretion.

Warranties
SendArticles.com makes no warranties to affiliates of any kind, expressed or implied, with respect to the service. We expressly disclaim any implied warranty of merchantability of this service for a particular purpose. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

Affiliate is an independent contractor, and nothing in this Agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between the parties. Affiliate will not be treated as our employee.

Assignment
Affiliate shall not assign this Agreement, by operation of law or otherwise, without our prior express written consent. Subject to the foregoing, this Agreement is binding upon, insures to the benefit of, and is enforceable by the parties and their respective successors and assigns. This agreement is personal to each affiliate. Affiliates may not assign their rights under this agreement without prior written consent. If they do assign their rights, as would be the case were someone other than the affiliate to use the affiliate�s account, the affiliate shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

Notification of Account Changes
Affiliates agree to provide SendArticles.com with such other information relating to their use of this service, as we deem necessary. Affiliates agree to notify SendArticles.com if their address, email address, telephone number or billing information changes.

Agreement Modifications
We may, in good faith, modify any of the terms and conditions contained in this Agreement (including, but not limited to, the Referral Fee Amounts), at any time and in our sole discretion, by posting a change notice or a new agreement in this Website and by informing Affiliate through email. It is our intention to keep Referral Fee Amounts as stated. However, we reserve the right to alter the Referral Fee Amounts at any time. Any credit accumulating after such change will be at the new rate, i.e. the Affiliate is not guaranteed to have the same rate as the one started with. This is not a loophole to defraud Affiliate, but a way for us to prepare for anything unforeseeable. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements or understandings for SendArticles.com or any other property running under the SendArticles.com affiliate program both now or in the future.

Payments
SendArticles.com has developed a 2 tiered affiliate program to reward affiliates for getting people signed up, as well as rewarding affiliates for getting peopled signed up as affiliates who then sign up others. The commissions on each tier are as follows:

Tier 1: 20%
Tier 2: 5%

These commissions may change at any time, for any reason. Changes in the terms and conditions are covered above.

Payments are given when at least $100.00 of commission is amassed on an affiliate account. The commissions are paid on the 1st of the month following when the $100.00 of commissions have been achieved.

Before payment can be remitted, an independent contractor form will be required to be filled out with personal information from the affiliate, including information such as Full legal name, address, Tax ID# or EIN, etc. This form would be faxed back to SendArticles.com. SendArticles.com tries to keep the line with which the information is sent secure, but is not responsible for lost or stolen information or forms. When SendArticles.com receives the completed form, payments will be remitted as covered above.