INFINITYCN, LLC managing for WBW ELITE LLC (Systemsforlife.net, Onlinetradingelite.com, BestTradingSignals, All AUTHORITY brand, ELITE Brand domains and related sites) Products
AFFILIATE AGREEMENT
This Affiliate Agreement (the “Agreement”) states the terms and conditions that govern the
contractual agreement between INFINITYCN, LLC having its place of business at 2711 Centerville Rd,
Wilmington, DE 19808 (“INFINITYCN”), and you (the “Affiliate”) who agrees to be bound by this
Agreement. INFINITYCN LLC is the affiliate program management company for Range Capital Group
LLC. WBW ELITE LLC has the same abilities and powers to enforce this affiliate
agreement as INFINITYCN LLC as owners, developers of the products sold.
WHEREAS, INFINITYCN has developed this affiliate program (the “Program”) and the Affiliate would
like to join the Program according to the terms and conditions herein.
NOW, THEREFORE, In consideration of the mutual covenants and promises made by the parties hereto,
INFINITYCN and the Affiliate (individually, each a “Party” and collectively, the “Parties”)
covenant and agree as follows:
1. AFFILIATE DUTIES. Upon completing the Affiliate sign-up process, including the execution
of this Agreement, INFINITYCN will enroll the Affiliate in the Program. However, even after such
enrollment INFINITYCN may in its sole discretion re-evaluate the Affiliate’s status under this
Agreement and may cancel this Agreement at any time with written notice. The following are certain
rules and regulations of the Program:
a. No activity or content created by the Affiliate in association with the Program may (i)
promote violence; (ii) contain or promote obscene content (as determined by SWU); (iii) promote
discrimination of any kind; (iv) promote illegal activity; (v) promote the violation of or violate
the rights of any third parties (including with regard to intellectual property rights); (vi) be
posted to any domain significantly similar to “INFINITYCN” or any of INFINITYCN’s trademarks;
(vii) contain software downloads that may enable diversions of commission from other affiliates in
the Program; (viii) contain any design that implies to third parties that the creator of such
content is directly from INFINITYCN or any of its subsidiaries; (ix) portray INFINITYCN in any
negative light (as determined by INFINITYCN); or (x) be in any language other than English.
b. The Affiliate must utilize the tracking code provided to the Affiliate by INFINITYCN in
all links or banners used.
c. INFINITYCN reserves the right to require that the Affiliate changes the placement of links
and complies with guidelines of the Program in the development of any content.
d. The Affiliate must maintain and update all affiliate sites (the “Affiliate Sites”)
created. INFINITYCN may monitor Affiliate Sites and require changes in its discretion.
e. The Affiliate must provide INFINITYCN with truthful information as requested to facilitate
payment and the administration of the Affiliate’s account.
f. The Affiliate may only maintain one Affiliate account.
2. TERMINATION. INFINITYCN may terminate this Agreement at any time for any reason without
notice to the Affiliate in that this affiliate program maybe abruptly canceled at any moment in
its entirety or by opinion that the Affiliate has either broken rules of this program or is
marketing in a way deemed to tarnish the reputation of the product owners by INFINITYCN LLC or by
WBW ELITE LLC . In the event that the Affiliate violates any terms of this Agreement or
any laws, then the Agreement shall terminate and the Affiliate shall forfeit any rights to any
unpaid commissions under this Agreement.
3. MODIFICATION. INFINITYCN reserves the right to modify any terms of this Agreement in its
sole discretion – including (but not limited to) changes in rules and payment structures.
INFINITYCN will notify the Affiliate via email any time such modification is made. Any continued
participation in the Program after such notification is made shall be deemed an assent to the
changes. However, the Affiliate may cancel this Agreement with written notice to INFINITYCN if
such changes are unacceptable.
4. PAYMENT. When a third party user (the “User”) clicks on the Affiliate’s unique link, a
cookie will be placed on such User’s browser. Any purchase made by that User for so long as that
cookie remains in the User’s browser shall be tracked by INFINITYCN’s affiliate system and the
Affiliate shall be paid a commission according to the schedule available on INFINITYCN’s website
for any purchases associated with the Affiliate’s tracking code.
Commissions may also only be honored if the User does not delete the cookie prior to making such
purchase. The Affiliate must claim any commissioned earned within one (1) year of earning such
commissions or the Affiliate shall be deemed to have forfeited such commission. Commissions are
paid on direct sales only.
If customer purchases other products from the vendor on his or her own after first purchasing
through your link you are not paid commissions on those, unless your referral clicks on your link
prior to purchase for the new products they are purchasing.
You are not paid on bundle or coupon offers unless vendor specifically creates a coupon or bundle
offer you can promote. In this case if your referral buys with a special offer coupon sent out
by the vendor for the same product you referred, you will not be paid commission on that referral.
But if a vendor makes a special coupon for you specifically to use, or affiliates in general to
use, or if vendor creates specific discount bundle offers for you specifically or affiliates to
use then you will be paid on those. INFINITYCN shall in its sole discretion determine if any
sale is to be attributed to the Affiliate.
Commissions will be paid on the first of each month on sales made up to the 15th of the prior
month. So a commission paid out on December 1 will be for sales between October 15 and November
15th.
Refunds or chargebacks will of course be taken from existing commissions. If there are no
existing commissions due to a payout then your affiliate account could go negative until you make
more sales to bring back to positive balance. Refunds and chargebacks are normal parts of doing
business.
There is a $300 minimum commissions payout.
You will be paid on products directly sold to customer
You may not buy through your own links for a discount. If found out that you've been buying
products for the sake of a discount through your own affiliate links then those commissions will
be revoke and you will expelled from our affiliate program forfeiting any owed commissions.
Commissions are paid on the retail price sales of products and your direct sales efforts. You
will not be paid commissions on company special offers, coupon offers or product bundle offers.
You will be paid if you arrange a special use coupon(s) from us for your own promotion which you
can do. So contact us to arrange that possibility.
Cookie duration: is set as mentioned on affiliate program description. Cookies can be set for
long durations but as soon as the user cleans out their cookies those cookies are gone. If you
employ folowup marketing such as permission based newsletter autoresponder marketing you can
bring your tracking cookie back to the prospect as you remind your prospect about the offer you
are promoting.
5. PROGRAM RESTRICTIONS. The following are certain restrictions on the Affiliate in
conducting the Program:
a. The Affiliate may not conduct any promotion under the Program that amounts to spamming,
unsolicited commercial email, or postings to newsgroups. Nor may the affiliate send any email
message promoting INFINITYCN that does not allow the recipient to unsubscribe or remove themselves
from the email list. INFINITYCN will terminate the Affiliate’s account on the first instance of
spamming, as determined in the Affiliate’s sole discretion.
b. The Affiliate may promote the Affiliate’s own websites but not in a way that implies said
website is a joint effort by the Affiliate and INFINITYCN.
c. The Affiliate may not conduct any promotion that misrepresents or conceals the Affiliate’s
identity, domain name, or email address.
d. The Affiliate must represent themselves as independent of INFINITYCN.
e. At no time may the Affiliate transmit any “parasiteware” (as defined below) in conducting
any promotion of INFINITYCN. “Parasiteware” for the purposes of this paragraph is defined as any
application that (i) causes the overwriting of affiliate and non-affiliate commission tracking
cookies through any other means than a customer initiated click on a qualifying link on a web page
or email; (ii) intercepts searches to redirect traffic through an installed software, thereby
causing pop ups, commission tracking cookies to be put in place or other commission tracking
cookies to be overwritten where a user would under normal circumstances have arrived at the same
destination through the results given by the search; (iii) sets commission tracking cookies
through loading of INFINITYCN’s site in i-frames, hidden links, or automatic pop ups; (iv) targets
text on web sites, other than those web sites 100% owned by the application owner, for the purpose
of contextual marketing; or (v) removes, replaces or blocks the visibility of Affiliate banners
with any other banners, other than those that are on web sites 100% owned by the owner of the
application.
f. If the Affiliate’s account goes inactive, then INFINITYCN will assess a monthly fee of $25
until the balance is equal to $0 at which point INFINITYCN will terminate this Agreement and close
the Affiliate’s account.
g. The Affiliate may not spam, bulk email or break any Federal or State laws of the USA in
promotion of products within this affiliate program.
h. Affiliate may not make any statement that is not factual. Affiliate may not exaggerate,
hype, make false or unsubstantiated claims. Affiliate may not make any promises of success for
use of product prompted. Affiliate must obey all Federal Trade Commissions, SEC, CFTC and related
governing board, Federal and State laws within the USA regarding ad copy word usage, image usage,
video and audio usage in addition to all copyright laws.
i. If affiliate causes INFINITYCN LLC or product owner legal trouble affiliate firstly agrees
to pay all legal fees incurred. Affiliate also acknowledges that affiliate is liable to be sued
by affiliate managing company or product owner for damages.
j. Affiliate agrees to submit all marketing material, adcopy, images, videos, banner ads to
INFINITYCN LLC and or product owner company for approval before embarking upon marketing campaigns
or blog posts.
k. The Affiliate may not make any claims regarding the future success of the product or
service being promoted. The affiliate may not make any promises, guarantees of future success of
the product or the prospect's/customer's use of the product. Affiliate marketing materials and
any communication with prospect/customer may only speak in facts, not hopes or future
speculation.
You may not use the following wording in any promotion materials, for example, but not limited to
these examples that state words or phrases such as: "Make X amount" "will make" "will succeed"
"will win"... Do not use the word "guarantee" at all. Never use the words "will make" "will
win" "will succeed", "should be able to make, win, succeed etc" and or any other word combination
that implies future success. You can not say that "this program makes" this system makes" "this
strategy makes" because the word "makes" implies future success although it implies past success.
All trading systems and strategy track records are to be considered hypothetical and not actual
real trading results. Do not claim that the systems results are actual trading results. We use
"hypothetical" results because doing so shows the exact entry and exit points by system rules
which more accurately shows what the customer would be purchasing. Live trading results will vary
between trader to trader due to incorrect execution, bad money management principles, different
brokers and mostly lack of attention. So it's more accurate to present hypothetical results.
Although some prospect customers may claim they want to see real trader results because someone
told them that's what they should be looking for a. do not claim that these are real trading
results. b. explain that systems results are more accurate representation of what they would be
following (the exact rules of the system) vs. someone's rendition of a system (or someone's
instinctual trading methods.)
6. GRANT OF LICENSES.
a. INFINITYCN hereby grants to the Affiliate a non-exclusive, non-transferable, and revocable
right to (i) access INFINITYCN’s website through links in accordance with the terms and conditions
of this Agreement; (ii) use INFINITYCN’s logo, trade names, trademarks, or any other content that
implies identification with INFINITYCN exclusively in connection with the use of such links (the
“Licensed Content”).
b. Licensed Content may only be used solely to the benefit of INFINITYCN and not in a manner
that disparages INFINITYCN or portrays INFINITYCN to the viewer of any such Licensed Content
INFINITYCN in a misleading or negative light.
c. Upon termination of this Agreement, such permission to use the Licensed Content shall be
deemed revoked.
d. Other than the license granted in this section, the Affiliate agrees and acknowledges that
all intellectual property rights in the Licensed Content shall belong to and inure to the benefit
of INFINITYCN.
7. AGREEMENTS AND ACKNOWLEDGMENTS. The Affiliate agrees and acknowledges the following:
a. The Affiliate may and agrees to receive emails from INFINITYCN regarding new merchant
programs.
8. REPRESENTATIONS AND WARRANTIES. The Affiliate represents and warrants the following:
a. The execution, delivery, and performance by the Affiliate of the obligations hereunder (i)
have been duly authorized by all necessary parties; and (ii) will not violate any provision of
law, statute, rule, or regulation, articles of incorporation, bylaws, or terms of any other
agreement to which the Affiliate is bound.
b. The Affiliate has sufficient right, title, and interest in any rights granted to
INFINITYCN through this Agreement.
9. DISCLAIMER OF WARRANTIES. THE PROGRAM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED. USE OF THE PROGRAM AND ANY SERVICE OFFERED BY INFINITYCN IS AT THE AFFILIATE’S
SOLE RISK. INFINITYCN MAKES NO WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT; (B) THAT THE
PROGRAM, OR THE SERVICE WILL MEET THE AFFILIATE’S REQUIREMENTS; OR (C) THAT ANY INFORMATION, DATA
OR CONTENT OBTAINED FROM INFINITYCN, OR THE PROGRAM WILL BE ACCURATE, RELIABLE, COMPLETE, OR
TIMELY. NO ADVICE OR INFORMATION OBTAINED BY THE AFFILIATE FROM INFINITYCN, WHETHER IN ORAL,
WRITTEN OR ELECTRONIC FORM, RELATING TO THE USER’S USE OF THE PROGRAM OR THE SERVICES SHALL CREATE
ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
10. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL INFINITYCN, ITS SUBSIDIARIES,
AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM BE LIABLE TO
THE AFFILIATE FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND. THIS INCLUDES, WITHOUT LIMITATION, FOR
ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL
DAMAGES, LOSS OF DATA OR SETTINGS, OR EXPENSE OF ANY KIND CAUSED BY OR TO THE AFFILIATE OR THE
AFFILIATE’S PROPERTY, EXCEPT FOR ANY LOSS OR DAMAGE CAUSED BY THE WILLFUL MISCONDUCT OR NEGLIGENT
ACTS OF INFINITYCN, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY.
NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES INFINITYCN’S LIABILITY TO THE EXTENT IT CANNOT BE
LIMITED OR EXCLUDED BY LAW.
11. INDEMNIFICATION. The Affiliate agrees to indemnify, defend, and hold harmless INFINITYCN
and each of its officers, directors, owners, employees, and agents from and against all third
party actions, suits, losses, liabilities, claims, expenses, damages, and costs of every kind and
description including reasonable legal fees (collectively, “Losses”) arising out of the
Affiliate’s use of the Program, violation of this Agreement, violation of the law, or infringement
of the rights of any third party. This obligation survives the termination or expiration of this
Agreement.
12. CONFIDENTIALITY. The Affiliate shall not, in any fashion, form, or manner, either directly
or indirectly (i) divulge, disclose, or communicate to any person, firm, or corporation in any
manner whatsoever any information of any kind, nature, or description concerning any matters
affecting or relating to INFINITYCN’s business, including, without limitation, the names of any
its customers, the prices it obtains or has obtained, or at which it sells or has sold its
products, or any other information concerning INFINITYCN’s business, its manner of operation, or
its plans, strategies, processes, other information of any kind, nature, or description, or the
Program (the “Confidential Information”), (ii) duplicate or replicate any Confidential Information
for personal retention or for distribution unless requested to do so by INFINITYCN, (iii) use
Confidential Information other than solely for the benefit of INFINITYCN, or (iv) assist a third
party to circumvent, or directly circumvent, INFINITYCN’s contractual relationship with any
customers or prospective customers. The Parties hereby stipulate that, as between them, the
foregoing matters are important, material, and confidential, and gravely affect the effective and
successful conduct of INFINITYCN’s business and its good will, and that any breach of the terms of
this section is a material breach of this Agreement.
13. MISCELLANEOUS.
a. For the purposes of this Agreement and all services to be provided hereunder, the Parties
shall be, and shall be deemed to be, independent contractors and not agents or employees of the
other Party. Neither Party shall have authority to make any statements, representations or
commitments of any kind, nor to take any action which shall be binding on the other Party, except
as may be expressly provided for herein or authorized in writing.
b. In the event the Affiliate has been paid $600 or more in any calendar year, the Affiliate
shall provide to INFINITYCN the appropriate information, as requested by INFINITYCN, to fill out a
Form 1099 relating to such compensation.
c. Neither Party may assign this Agreement without the prior written consent of the other
Party, except to a third party that acquires substantially all of either Party’s assets.
d. This Agreement and the interpretation of the terms herein shall be governed by and
construed in accordance with the laws of the State of Arizona, without regard to the principles of
conflict of laws. The Affiliate and INFINITYCN agree to try and resolve all conflicts in good
faith prior to litigating. The Affiliate hereby assents to the exclusive jurisdiction of the
federal or state courts located in Yavapai County, Arizona.
e. No waiver or modification of this Agreement or of any covenant, condition, or limitation
herein contained shall be valid unless agreed upon in writing.
f. This Agreement constitutes the entire agreement between the Parties pertaining to the
subject matter hereof, and supersedes in its entirety any and all written or oral agreements
previously existing between the Parties with respect to such subject matter.
g. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any
reason, such invalidity, illegality or unenforceability shall not affect any other provisions of
this Agreement, and this Agreement shall be construed as if such invalid, illegal or unenforceable
provision had not been contained herein.
h. Unclaimed or unqualified commissions after 3 months will be invalidated. So therefore presented commission threshold must be surpassed in order to achieve commissions. We may change the qualification amount to payout commissions at any time and without notice. Commission payout levels will be set in your members back office. If you do not update your payment preferences or email us your payment receiving method that coordinates with the methods we are able to use to pay out by 3 months then the commissions earned up to the 3 months period will be voided. If there are problems blocking the ability for us to pay you due to whatever factors then you may exchange your affiliate commissions in for a trading systems or strategies of like value as compensation.
Unclaimed commissions after 3 months will be forfeited. Payouts are not necessarily automatic. If we do not have your proper commissions payout information then we can not pay you commissions. If you are not on an automatic payout system since we use different payment processors that process affiliate commissions then you must put in a request for commissions providing us with a payout method we are able to do at the time.
f. You can not use your affiliate link for the sole sake of getting discount on product. If we find this then we will remove your affiliate account and all commissions listed will be voided.
g.REJECTION CRITERIA
We will reject anyone and forfeit any commission and possibly pursue legal action against affiliates who uses marketing techniques that:
Exploit sex to sell
Promote violence
Are hateful in any way
Are harassing or use spam in any way, shape, or form
Are libelous or defamatory
Are threatening or abusive
Are illegal or on the borderline
Violate the copyrights or trademarks of others
Spam
Use any marketing procedures that are against the terms of which advertisements are placed
Use ny sort of wording that is incorrectly representing the product
Do any lying, false claims, any claims outside of what we say on our advertisements, promises, exaggerations, misrepresenting videos or pictures or any illegal statements
Are in such poor taste that we do not want the association.
Break any FTC or SEC law in their promoting efforts.
