This User Agreement (“Agreement”) is an agreement between Higgins Publishing, a California company, and the party set forth in the related order form incorporated herein by reference (together with any subsequent order forms submitted by Customer, the “Order Form”), and applies to the purchase of all services (collectively, the “Services”) ordered by Customer on the Order Form. Such party is referred to in this Agreement as “Customer” or “you”. PLEASE READ THIS AGREEMENT CAREFULLY. BY CLICKING ON THE BUTTON ON THE ORDER FORM, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT, INCLUDING Higgins Publishing’s USAGE POLICY. YOUR USE OF THE SERVICES CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. Higgins Publishing reserves the right to reject this Agreement for any reason or no reason, prior to acceptance thereof by Higgins Publishing. Activation of the Services shall indicate Higgins Publishing’s acceptance of this Agreement. Subject to the terms and conditions of this Agreement, Higgins Publishing will provide to Customer the Services selected by Customer set forth on the Order Form.
12. Entire Agreement; Severability
This Agreement, together with the Order Form and any other documents or agreements specifically identified in this Agreement, represents the entire agreement between the parties and supersedes all previous representations, understandings or agreements. If any provision of this Agreement shall be held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of this Agreement shall remain in full force and effect.
Customer hereby represents that he, she or it is either, an individual entering this Agreement for his or her personal use and is over 18 years of age, or a corporation, limited partnership or other legal entity, duly organized, validly existing and in good standing under the laws of the state of its organization and the person acting on behalf of Customer is duly authorized to accept, execute and deliver this Agreement on behalf of Customer.
Affiliates receive up to 10% of the revenue on product orders and 10% on publishing packages for customer publishing services from orders successfully placed through Affiliate unique link(s).
These percentages are subject to change by Higgins Publishing at any time. Notification to Affiliate of any change in commission percentage will be given by Higgins Publishing at the email address on file for the Affiliate.
Higgins Publishing shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request. Affiliates can access the sales report in the affiliate back-office in the member’s area.For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the service ordered. Affiliate commissions will only be paid on sales which are made through qualified Affiliates.Commissions earned will be deposited to Affiliate Paypal account on/by 15 of the month for the prior month of revenue received as a result of Affiliate referral sales. Any chargebacks, or fees from a returned order after commissions have been paid will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued. Failure to receive the amount in the billing invoice within 15 days will result in immediate termination of the Affiliate agreement between Affiliate and Higgins Publishing and any pending unpaid commissions may be held indefinitely.
Higgins Publishing or subsidiaries of Higgins Publishing shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Higgins Publishing was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, or other performance of services under this Agreement.
Higgins Publishing will be solely responsible for processing every order placed by a customer via the Affiliate site link provided to the affiliate. Customers who make purchases through the regular Higgins Publishing.com will be deemed to be customers of HigginsPublishing.com. Prices and availability of our products and services may vary from time to time. HigginsPublishing.com policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
HigginsPublishing.com reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the HigginsPublishing.com Affiliate Program include sites such as sites that are:
X- rated and promote sexually explicit materials
Promoting violence and discord.
Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age Promoting illegal or questionable activities
Violation of intellectual property rights
Unsolicited Commercial E-mail – HigginsPublishing.com in no way participates in mass unsolicited e-mailing (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 HigginsPublishing.com Affiliate Program, with no refund.
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the HigginsPublishing.com 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 down time. This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located in Oakland, California, 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. By submitting this Affiliate Agreement 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.
*Please note that SELF COMMISSIONS are not paid to Affiliates at HigginsPublishing.com. In other words you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own product purchase.