Who? What? When?
Screenwriting Goldmine was set up in Spring/Summer 2007 by UK screenwriter/editor Phil Gladwin with the aim of becoming a Go-To source of authoritative advice on how to write a screenplay.
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Please read this agreement carefully before registering. By signing up for the Screenwriting Goldmine Affiliate Program, you indicate your acceptance of this agreement and its terms and conditions.
This following sets out the terms and conditions which form an agreement between ourselves and participants in Screenwriting Goldmine's Affiliates Scheme (the "Scheme").
DEFINITIONS
Throughout this document, "we" refers to Screenwriting Goldmine, "you" means the applicant, "our website" means www.screenwritinggoldmine.com, and "products" means products sold by Screenwriting Goldmine, also known as ScreenwritingGoldmine.com.
APPLYING TO BECOME AN AFFILIATE
To enrol, you will need to submit a completed scheme application via our site.
We reserve the right as to whether to accept or reject your application, for example, if we consider that your site is unsuitable for the Scheme. We do not have to state the reasons for making a decision.
LINKING TO OUR SITE
After enrolling as an affiliate, you should provide one or more links from your site to our site, in the special link formats we will provide. These are designed for tracking and reporting all links between your site and our site. You will be solely responsible for making sure you use the link formats properly. We do not accept any responsibility for the incorrect use of the special links / link formats; therefore, we shall not be accountable for any loss of fees as a result of errors on your part.
UNSOLICITED EMAIL. IMPORTANT! PLEASE READ CAREFULLY
It is against your affiliate agreement to advertise Screenwriting Goldmine by sending unsolicited email. Some people will think that an affiliate's spam email came from us, damaging our reputation and causing us many administrative - and potentially legal - problems.
DO NOT send unsolicited email to promote the Screenwriting Goldmine package or you will be in violation of your associate's operating agreement and your account will be terminated, and you will FORFEIT ALL OUTSTANDING COMMISSIONS.
Therefore, if you do market Screenwriting Goldmine to your email list it must be a list built with double opt-in.
Every mail you send to promote Screenwriting Goldmine must be CAN SPAM compliant:
* Every email you send out promoting our site MUST have a remove link that can be found easily.
* Every email you send out promoting our site MUST include your physical mailing address.
* You must not send emails to any safe lists.
FREE FOR ALL LINK EXCHANGES
You must not link your sales pages to any FFA's (Free for all link sites).
TOOLBAR MARKETING
You must not use any form of downloadable software to monitor your visitors' movements and set cookies. Any affiliate found using such a system will have their account terminated, and will FORFEIT ALL OUTSTANDING COMMISSIONS.
EARNING AND PAYMENT OF COMMISSION
Subject to the terms and conditions of this Agreement, we will pay you commission for each customer referred to our site through your Screenwriting Goldmine links who successfully purchases the Screenwriting Goldmine downloadable screenwriting package, or the Goldmine Guider spreadsheet product, from our website using a credit card or a Paypal account.
We do not pay second tier commissions for signups to the Affiliate Scheme.
We do not pay commissions on sales from the Amazon shop on the site.
We do not pay commissions on any screenwriting consultancy services sold from the site.
We do not pay commissions on sales to yourself, immediate family, the same household, or the same IP address.
In the event of any discrepancy, we reserve the right to withhold commissions until the guarantee period of the purchased product has passed.
You will earn an affiliate referral fee of sixty per cent (60%) for any fees paid by customers for our products who find our site after following your links. This fee is payable to you within two days of the sale being made.
We have no minumum payout level.
Paypal.com is used for all payments. You must have a Paypal account to register for this scheme.
In addition to your 60% share of the profits paid daily, you also get a $25 bonus commission for every 10 sales of Screenwriting Goldmine that remain unrefunded after six weeks.
You get this cash bonus six weeks after the last order in the 10 has CLEARED.
It may not be possible to pay commission to an affiliate if the details we hold for that affiliate are not accurate. It is your responsibility as an affiliate to make sure that we are notified of any change in your details, such as your e-mail, your postal address, and your Paypal account.
If we believe that there has been any fraudulent attempt to use the service, we will cancel commission payments and may seek legal redress.
TECHNICAL AND TRACKING OF SALES
Our affiliate scheme uses cookies to track customers, which are set to expire after six months (180 days).
If for whatever reason, the customer isn't using cookies, or the cookie expires, or the customer deletes the cookie, this may mean the customer cannot be tracked and you will not earn commission for any sales that customer may make.
We recommend you don't use frames when promoting the Screenwriting Goldmine. This can prevent session cookies from being set which means you may not get credit for the sale.
OPERATING POLICIES AND PROCEDURES
Customers who purchase products from Screenwriting Goldmine through this scheme will be deemed to be customers of Screenwriting Goldmine, and will be subject to the terms and conditions of use, and other policies which are set out on www.screenwritinggoldmine.com.
We reserve the right to change our policies and operating procedures at any time.
LIMITED LICENCE
Should we accept your application to become an affiliate, we will grant you a non-exclusive, non-transferable, non-assignable, revocable right to use our logos and text for which we grant express permission, solely for the purpose of identifying your site as a scheme participant.
In becoming an affiliate, you agree that you will not promote or engage in or otherwise become involved in any activity that adversely affects Screenwriting Goldmine, the site, its owners and contributors, its contents, or its membership in anyway.
In particular, we do not accept Affiliates who operate in the Adult Entertainment Market.
We reserve the right to revoke your affiliate status if we deem you to have adversely affected the Screenwriting Goldmine business in any way, and we reserve the right to seek legal redress.
AFFILIATE MARKETING
Should you wish to positively promote or actively market ScreenwritingGoldmine in any way beyond the usual methods of this affiliate scheme, for example, by using content from our website for printed material or audio-visual promotion, you are required to seek our permission before doing so.
We reserve the right to agree to, or reject any such requests, and to be able to approve any words or images or other content used in promoting Screenwriting Goldmine).
We would normally the expect the costs of any such activity to be borne by the affililate.
YOUR RESPONSIBILITY
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You will indemnify, defend and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to the development, operation, maintenance, and contents of your site as well as any goods or services provided or made available by you. These obligations will survive any termination of this Agreement.
You acknowledge that you are not a competitor of Screenwriting Goldmine, and agree not to share this information with any of our competitors.
Any violation of these terms and conditions may cause us to terminate this agreement and to claim for any loss or damages we may incur or be expected to incur as a result of such adverse action on your part.
TERMINATION OF THE AGREEMENT
The term of this Agreement will begin upon our acceptance of your application.
It will end when terminated by either party, which may be at any time and with or without cause. Notification of the termination of the agreement should by giving the other party by written or e-mailed notice of termination, but both parties accept that this may not be possible, for example if you no longer have an e-mail address or have not informed us of a postal address.
In any event, you will only be eligible to earn referral fees on sales occurring during the term of this agreement only. We may withhold your final payment to ensure that the correct amount is paid, for example to take into account possible customer cancellations after the affiliate licence is terminated.
We will review the status of scheme affiliates from time to time and if we determine at any point after acceptance into our scheme that your site is not suitable for the scheme, we may unilaterally end the status of your site as an affiliate.
MODIFICATION
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a new agreement on our site. It is your responsibility to check back to these terms from time to time.
Your continued participation now, or within twenty-eight (28) days following the posting notice of any changes in these terms and conditions, will constitute a binding acceptance by you of such rules, changes or modifications.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
Your continued participation in the scheme following our modifications will constitute a binding acceptance of the change.
LIMITATION OF LIABILITY
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this agreement or the affiliate scheme, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate scheme will not exceed the total Affiliate Referral Fees paid or payable to you under this agreement.
DISCLAIMERS
We make no express or implied warranties or representations with respect to the scheme or any products sold through the scheme. 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.
INDEPENDENT INVESTIGATION
You acknowledge that you have read this agreement and agree to all the terms and conditions set forth herein.
You agree that, in interpreting this agreement, no weight shall be placed upon the fact that this agreement has been drafted by us, and you shall not assert that this agreement is unenforceable or invalid on the grounds that it is a contract of adhesion, that it is unconscionable or any similar theory.
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 web sites that are similar to or compete with your web site.
You have independently evaluated the desirability of participating in the scheme and are not relying on any representation, guarantee or statement other than as set forth in this agreement.
MISCELLANEOUS
This agreement will be governed by the English law, without reference to rules governing choice of laws. Any action relating to this agreement must be brought in the courts of England and Wales, and you irrevocably consent to the jurisdiction of such courts.
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.
LAST MODIFIED: 2 November 2009
Contact Us
If you have any questions or concerns regarding the Screenwriting Goldmine product or the site itself please send me, Phil Gladwin, an email direct. Or you can write to:
Tradejammer Ltd
63 Lansdowne Place,
Hove,
E. Sussex,
BN1 3FL,
United Kingdom
Registered in England and Wales, 5825205
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