AFFILIATE AGREEMENT

This agreement describes the entire terms and conditions for participation in the eFinancialAid.com, Inc., publishers of The Scholarship & Grant Guide, Affiliate Program.

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 eFinancialAid.com, Inc.

Commissions

Whenever someone orders through your Affiliate link, you will automatically be sent an e-mail notice. You can also check your commission status and web traffic stats online at any time.

Commissions on SGG Subscriptions will be paid at the rate of 25% on the First Tier and 10% on the Second Tier. We will always endeavor to pay the same rate of commissions on further SGG Products and Services, but reserve the right to pay a different scale if necessary. For example, if the Product or Service is the subject of a Joint Venture we may be responsible for Royalty or additional commission payments, in which case we may have to adjust the Affiliate's commission and our margins to reflect these additional payments. We will make every attempt to be as fair as possible if cases like these should arise.

Commission checks are sent out on or before the 10th of the month for all sales made during the preceding month. For example, commissions for sales made during May will be sent out on or before the 15th of June.

Commissions under U.S. $25 are held over until the following month or until such time as the commission equals or exceeds this amount.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected or cancelled for any reason.

We are not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.

If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions.

All commissions are paid in US Dollars via Paypal® and written on the eFinancialAid.com, Inc. corporate account. There are no exceptions.

Advertising Code of Conduct

The Scholarship and Grant Guide does NOT guarantee that subscribers will secure a Scholarship. NO-ONE can guarantee that - except the scamsters. The Scholarship & Grant Guide is a unique method of searching the very best databases for relevant Scholarships in a Faster, Easier, and more Intelligent way than any other existing method.

The Scholarship & Grant Guide does NOT offer Scholarships. Guaranteeing a Scholarship is an immoral and illegal statement, which would very quickly bring us into disrepute, and bring about legal proceedings from the relevant authorities.

Affiliates must NEVER directly promise, infer, hint, or in any way convey the impression, that subscribing to SGG will guarantee the securing of a Scholarship. Any Affiliate so doing will be removed from the SGG Affiliate Program, and all accrued commissions will be forfeited.

Unsolicited Commercial Email or SPAM

We will not tolerate the sending of unsolicited bulk email which promotes, or makes reference to, The Scholarship & Grant Guide, eFinancialAid.com, Inc, or any of its associated companies, partners, or employees. Any Affiliate who, in our opinion, breaches this ruling will have their Affiliate status cancelled and any outstanding commissions will be forfeited.

Qualifying Sites

eFinancialAid.com, Inc. and its associated companies operate with the strictest codes of professional conduct. Any Affiliate who brings eFinancialAid.com, Inc, The Scholarship & Grant Guide, or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions will be forfeited.

eFinancialAid.com, Inc. reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the 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

Term and Termination

The term of this Agreement will begin when you accept and will end when terminated by either party. Either eFinancialAid.com, Inc. or you may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, all licenses granted hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links to the eFinancialAid.com, Inc. Site, and all eFinancialAid.com, Inc. trademarks and logos, other eFinancialAid.com, Inc. Marks and all other materials provided in connection with this Agreement.

We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:

  • Promote sexually explicit materials;

  • Promote violence;

  • Promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age;

  • Promote illegal activities; or

  • Infringe or otherwise violate any copyright, trademark, or other intellectual property rights.



The Affiliate may terminate their agreement at any time, and for any reason by writing to - or emailing - The Scholarship & Grant Guide at the contact address listed on the 'Contact' page of The Scholarship & Grant Guide Affiliate Area.

Rights to modify agreement

eFinancialAid.com, Inc. and its associated companies may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on its Web site. All Affiliates will be informed of any modifications to this agreement by email sent to the email addresses listed in our database. These changes will come into force 15 days following posting.

The Affiliate's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.

If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.

Income Tax liability

You must understand and agree that you are acting as an independent contractor and as such will be responsible for your own Income Taxes and any other tax liabilities that affect the sales of our products in your state or location.

Affiliate Codes

You will select your own unique Affiliate ID. If the one you choose is already taken, you will be given the opportunity to select another. All codes will be forced to lowercase by our scripting. Keep your code as short as possible. The maximum limit of characters is 15. Your code will be appended to the end of your affiliate link.

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 links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Disputes

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Encinitas, CA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Encinitas, CA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.

Assignment

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.

Miscellaneous

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.

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.

By signing up with FusionQuest, 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.