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The DaCo Corporation Affiliate Agreement

By filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.

This Affiliate Agreement ("the Agreement") is made between The DaCo Corporation ("davekahle.com"), and you, as our Affiliate.

  1. ACCEPTANCE. You agree to keep the terms and conditions outlined in this agreement by signing the bottom of this affiliate agreement. If you do not accept this agreement, you are not authorized to be an Affiliate, and may not use our links, graphics, and utilities on your website.

  2. SIMPLE STATEMENT OF RELATIONSHIP. The DaCo Corporation enters into a relationship with you as an Affiliate, to reward you with a commission each time someone makes a purchase of a product on the Dave Kahle website as a result of clicking on a Qualified Link on your website, according to the provisions in this Agreement. You and The DaCo Corporation 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 anything in this Section.

  3. QUALIFIED LINK means a hyperlink to the Dave Kahle website that is copied and pasted from your individual password-protected Affiliate Administration area on our site at http://www.davekahle.com/affiliates/stats.cgi These include sophisticated HTML code. If the HTML code is altered in any way after copying from that webpage, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly.

  4. TRACKING. When someone clicks on a Qualified Link on your site, a cookie will be set in their browser with your affiliate ID, and their IP address will be logged with your affiliate ID. During that visit to our website or any later visit, when a purchase is made, the commission will be given based on the existence of the cookie or a match of the IP address in the database. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program.

  5. PAY-PER-SALE. Our Affiliate Program pays the Affiliate only when a sale results from a visitor who was sent by a Qualified Link on the Affiliate's website. If the sale does not occur within 365 days of the visitor passing through the Affiliate link, no payment will be made. If a visitor passes through qualified links from two different Affiliates before making a purchase, then the most recent link is credited with the sale.

  6. PAYMENT RATE. The payment per sale is currently 20% (twenty per cent) of the sales amount (not including any taxes or shipping). For any sales resulting from links by Affiliates, which have signed up for the program upon being referred by a special link for this purpose on your website, we pay 2% (second tier). Commissions will be paid only on sales of certifications, phone seminars, books, E-Products, videos, assessments, tape/CD sets, and manuals. Consulting, personal training and speaking engagements are specifically excluded from this Affiliate Program. The payment rates can be changed or discontinued at any time with notification as provided herein. Upon discontinuing promotion of The DaCo Corporation product line, The DaCo Corporation has the right to discontinue issuing commissions to the affiliate that drove the customer initially.

  7. CHARGEBACK. If the purchaser makes a duplicate entry, later returns a product, enters through an non-qualified link, makes an unauthorized payment, or does not make full payment to The DaCo Corporation, payment made to the Affiliate for that purchase shall be rescinded.

  8. PAYMENTS. Affiliates are not eligible to earn commissions on their original purchase of any Dave Kahle products. Payments will be made via check or Pay Pal at the end of any month that your accumulated commission total $25 or more. United States Affiliates (individual/resident/corporation/business) must provide The DaCo Corporation with a completed W-9 Federal Tax form before The DaCo Corporation will issue a check to the Affiliate. The DaCo Corporation agrees to issue a 1099 to Affiliates only if their calendar year payments exceed the maximum payout allowed without a 1099 under Federal tax law (currently $600, 5/29/01).

  9. CHANGES TO THE PROGRAM. The DaCo Corporation reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time. In such case The DaCo Corporation will notify Affiliates of such changes either via e-mail or by posting in the Affiliate Area of our website, at which time you may either agree to such changes or withdraw from the Affiliate Program.

  10. REGISTRATION. To sign up as an Affiliate you must be at least 18 (eighteen) years of age.

  11. TERMINATION. The DaCo Corporation reserves the right to deem any site inappropriate and terminate the site as an affiliate. The following types of sites are not allowed to participate as affiliates: Adult sites, sites that display adult banners, materials or nudity, sites that promote violence, bigotry, or hatred. Sites that promote illegal activity. Any affiliate that promotes any of the services offered by The DaCo Corporation through SPAM, (I.E. non opt-in mailings list or unsolicited email messages) will be terminated from the program and will wave all pending, present and future comissions.

  12. ANTI-SPAM POLICY. By accepting this Affiliate agreement you agree not to promote your website or any services offered by Dave Kahle or The DaCo Corporation through the sending unsolicited email messages to anyone (aka "SPAM" -  UBE  (unsolicited bulk e-mail) or "UCE" (unsolicited commercial email). You also agree not to falsify your user information (I.E. including a false or fictitious name, return email address or include any other falsifications in the body of the email message). Any promotion of services offered by Dave Kahle or The DaCo Corporation by means mentioned above will result in immediate termination of the affiliate account and the affiliate will not receive any commissions earned or pending.

  13. LIMITATION OF LIABILITY. The DaCo Corporation does not warrant that the affiliate program will meet the affiliates requirements or that the operation of The DaCo Corporation website and ordering system or affiliate tracking system will be uninterrupted or error-free. In no event will The DaCo Corporation be liable to the affiliate or any third party for any damages, including any lost profits, lost savings or other incidental, consequential, or special damages arising out of the operation of or inability to operate the website, ordering system, or affiliate tracking system.

  14. SEVERABILITY. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

  15. OWNERSHIP AND LICENSES. The DaCo Corporation grants a non-exclusive, limited, revocable right to the Affiliate to use The DaCo Corporation trademarks and banners. All images, programs, HTML code, and content provided by The DaCo Corporation shall remain the sole property of The DaCo Corporation, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, tradenames, and service marks shall remain the sole property of The DaCo Corporation, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of The DaCo Corporations' provided images in any way.

  16. TERM AND TERMINATION. This agreement shall remain in effect until terminated. The Agreement may be terminated by The DaCo Corporation or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use The DaCo Corporation banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the Dave Kahle site.

  17. ASSIGNABILITY. The DaCo Corporation may assign this Agreement to any successor.

  18. FORCE MAJEURE. Neither The DaCo Corporation nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of The DaCo Corporation or the Affiliate.

  19. JURISDICTION. Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in Grand Rapids, Michigan, USA, and any dispute will be litigated or arbitrated in Kent County, Michigan or a nearby county. This Agreement shall be governed by Michigan Law.

  20. INDEPENDENT INVESTIGATION. You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate a web site that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement not set forth in this agreement.

  21. SOLE AGREEMENT. This Agreement constitutes the sole agreement between The DaCo Corporation and the Affiliate regarding the Affiliate Program.

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