Affiliate Agreement and Terms and Conditions of the MyTennisGroup.com Affiliate Program

This agreement describes the entire terms and conditions for participation in the MyTennisGroup.com Affiliate Program. MyTennisGroup.com is owned and operated by Code A Site, LLC In this agreement, Code A Site, LLC and the individual web sites are collectively referred to as MyTennisGroup.com.

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to MyTennisGroup.com

Affiliate Site

MyTennisGroup.com will create a unique URL for you when you submit a complete Affiliate Enrollment Form.

General Commission Details

The commission percentages are subject to change by Code A Site, LLC with 30 days notice.
Commissions are paid every 30 days by company check or other method that both Affiliate and Code A Site, LLC has agreed to such as PayPal, approximately 15 to 30 days. Code A Site, LLC reserves the right to modify the payment schedule from time to time so long as notice is posted to Web site or via e-mail. If commissions do not exceed $25.00 for a prior period, Code A Site, LLC maintains the right to hold payment until commissions accumulate to $25.00 or more or 90 days have passed, whichever comes first.
All payments will be made in U.S. dollars.
If a MyTennisGroup.com processed sale is canceled or refunded by the customer, the related commission will be deducted from the next monthly payment or the Affiliate shall be billed for the amount owed.
As required by U.S. Law, U.S. Residents will be required to sign a W-9 form for the Internal Revenue Service prior to being sent any payments.
Affiliate is solely responsible for insuring that their link to the MyTennisGroup.com order form is set properly.
Affiliate will be e-mailed a confirmation message after each order has been placed by a customer.

Due to an increasing amount of International fraud - this program is now ONLY open to those persons living in the US, Canada, UK, Australia, and New Zealand. If you do not live in one of these countries, and you still want to participate AND receive commissions, please contact Jack Born with your web site information, URL and details about your visitors and/or your opt-in list, etc. If you are not granted an exception no commissions will be paid.

Payment

MyTennisGroup.com will send payment (either electronic or via check) for the applicable commissions on or about the 15th of the month for the previous month's commissions. If any order that generated a referral fee is returned by the customer, or if there are any returned checks or chargebacks, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced.

Order Fulfillment

MyTennisGroup.com will be solely responsible for processing every order placed by a customer on the Affiliate Site.

Customers

Customers who purchase products and services through the Affiliate Program will be deemed to be customers of MyTennisGroup.com . Accordingly, all MyTennisGroup.com rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. MyTennisGroup.com policies will always determine the price paid by the customer.

Qualifying Sites

MyTennisGroup.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the MyTennisGroup.com Affiliate Program include sites which:

promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
promote illegal activities
violate intellectual property rights

Unsolicited Commercial Email or SPAM

MyTennisGroup.com in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the MyTennisGroup.com Affiliate Program, with no refund. Bottom line: If you spam you're out!

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict this statement.

Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Any disputes between the parties to this agreement which involves interpretations of the terms of this agreement shall be submitted to arbitration under the rules of the American Arbitration Association, and the finding of the Arbitrator shall be binding on all parties. 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.

By submitting the Affiliate Order form, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.