Kids Mysteries Affiliate Agreement

This Agreement describes the entire terms and conditions for participation in the Mysteries on the Net and Kids Mysteries Marketing Affiliate Program. These websites are owned and operated by Management Strategies, Inc. (MSI) 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 MSI.

AFFILIATE SITE
MSI will create a unique URL for you when you submit a complete Affiliate Signup Form.

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COMMISSIONS
You will receive 30% of the revenue as a commission from orders placed through your Affiliate Site. For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered. 

You will receive 5% of the revenue from orders placed through the Affiliate Sites of those sub-Affiliates (2nd tier affiliates) which you have sponsored into the Affiliate Program. Commissions will only be paid on sales which are made through qualified Affiliate Sites.

Due to an increasing amount of International fraud - this program is now ONLY open to those persons living in the US, Canada, UK, South Africa, Australia, and New Zealand.

PAYMENT
MSI will send payment (via check or Paypal) 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 chargebacks, the amount will be deducted from the next monthly payment. 

If there is no subsequent payment, the Affiliate will be invoiced. MSI will only pay commissions of $50 or more. Monthly commissions will be totaled and the payment will be issued when the amount reaches that benchmark.

ORDER FULFILLMENT
MSI 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 MSI. Accordingly, all MSI 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. MSI policies will always determine the price paid by the customer.

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QUALIFYING SITES
MSI 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​

UNSOLICITED COMMERCIAL EMAIL OR SPAM
MSI 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 Affiliate Program. Bottom line: If you spam, you're out!

RELATIONSHIP OF PARTIES
You are an independent contractor. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and MSI. 

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 LIABILITIES
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 this Agreement.

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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.

SUBMISSION

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.