Your Success Store Affiliate Program

THIS IS A LEGAL AGREEMENT BETWEEN YOU ("AFFILIATE") AND YOURSUCCESSSTORE.COM ("YSS"). BY CLICKING ON THE "REGISTER" LINK AT THE END OF THE ONLINE AFFILIATE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN, AND THAT VIOLATIONS OF THIS AGREEMENT MAY LEAD TO TERMINATION OF YOUR PARTICIPATION IN THE YSS AFFILIATE PROGRAM ("AFFILIATE PROGRAM"). PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.


1. ENROLLMENT. To apply for participation in the Affiliate Program, you must properly complete a YSS Affiliate Application and submit the Application through our website.

An Application will be automatically rejected or an Affiliate immediately terminated if submitted from an applicant that has a website or any marketing containing any of the following:

- content which promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- sexually explicit matter;
- graphic violence (which may include certain types of game sites);
- content related to alcohol, firearms, drugs or gambling;
- promotion of unlawful or unethical activities;
- intellectual property right violations;
- misspellings or variations of YourSuccessStore.com name or logo;
- engages in unsolicited bulk emailing (known as spam);
- content which is libelous or defamatory;
- engages in fraudulent affiliate practices or has been identified as engaging in such practices;
- content which is in such poor taste that we do not want the association.

We reserve the right to accept or reject the Application at our sole discretion.

If, at a later time after the Application is accepted, your web site is found to contain any of the above, we reserve the right, at our sole discretion, to terminate the Agreement.


2. PROMOTION OF THE AFFILIATE RELATIONSHIP THROUGH SPECIFIC LINKS AND MATERIALS. You, as an Affiliate, will be promoting the Affiliate Program through specifically tagged URL hyperlinks ("Specific Links") of both graphic and textual content, developed and designed by YSS, which will be displayed on your website(s) and on certain marketing materials distributed by you. The Specific Links are designed to identify and track your site as a member of our Affiliate Program and will establish a link from the Affiliate site to YSS's site. You will cooperate fully with YSS in order to establish and maintain the Specific Links, and make sure the Specific Links are properly formatted, in order to permit accurate tracking and reporting.

You also agree that you will display only Specific Links and distribute only materials which are supplied by YSS (together known as "YSS Materials"). A specific website will be made available to you in order to review and select the YSS Materials you will use. You agree to substitute YSS Materials, at our request, and agree to do so as quickly as possible. YSS will not be liable to you for failure by you to properly use YSS Materials, even if such failure results in the reduction of referral fees due to you under this Agreement.

Any changes or modifications to YSS Materials must be approved by YSS and you must submit such requested changes or modifications to YSS, in writing. Any modifications or changes made without YSS may cause immediate termination of Affiliate from the Affiliate Program and would require immediate removal of all YSS Materials from Affiliate website(s).

YSS has the right to monitor your site at any time to determine if you are in compliance with the terms of this Agreement.


3. PREDATORY ADVERTISING. Affiliate agrees not to use any predatory advertising methods in the promotion of YSS products, services or Affiliate Program. Predatory advertising is defined as any method that creates or overlays links or banners on websites, spawns browser windows, or any method invented to generate traffic from a website without that website owner's knowledge, permission and participation. Examples include, but are not limited to, keyword parsing, browser plug-ins, such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not website dependent. Participation in predatory advertising programs will be case for the Affiliate's immediate termination.


4. LIMITED LICENSE. During your term as an Affiliate, YSS grants to you a non-exclusive, revocable and non-transferable right and license to use a) YSS Materials on your website with the URL specified in your Application in order to connect your site to the YSS site; and b) YSS names, marks, logos or symbols for the sole purpose of advertising, marketing or promoting your Affiliate relationship with YSS. YSS Materials will include copyright, trademark or other notices as may be required by law or required by YSS, and Affiliate is prohibited from removing or modifying such notices.

As YSS is the creator of YSS Materials, all rights to such will be the property of YSS. You acknowledge that, except for the license expressly granted in this Agreement, you have not acquired and will not acquire any right, interest or title to the YSS Materials. You further acknowledge that all proprietary rights in the YSS Materials and the goodwill associated are solely owned by and belong to YSS, and that all additional goodwill associated with the YSS Materials created through their use by you will injure to the sole benefit of YSS.

You agree not to register or attempt to register any brand, names, marks or other elements of the YSS Materials as a trademark, service mark, Internet domain name, trade name, or any similar trademarks or name, with any domestic or foreign governmental or quasi-governmental authority which would be likely to cause confusion with any of the YSS Materials.


5. AFFILIATE TRACKING. Each Prospective Customer who follows a Specific Link from you to the YSS website will be "assigned" to you. Assignment means that the YSS Affiliate Program will use technical means, such as cookies and databases, to identify Prospective Customers, and the fact that a Prospective Customer initially linked to YSS through your Specific Link. Such assignment means that you will be the sole first-level sales representative for that Prospective Customer.

However, since not all web browser software is configured to take advantage of the technical means we have established to recognize Prospective Customers, and due to the fact that Prospective Customers sometimes use multiple, slightly different email addresses and identities, YSS cannot guarantee that links to its site without your ID tag will lead to proper Commissions.

Furthermore, each Prospective Customer has the right to choose a different Affiliate, at any time, by following a different Affiliate's Specific Link. In this case, this Prospective Customer will no longer be assigned to you, and you will not receive Commissions for that Prospective Customer.

To re-assign such a Prospective Customer, they will need to follow a Specific Link containing your ID tag. You should therefore ensure that all your links to YSS are properly tagged so as to increase the likelihood that a Prospective Customer remains assigned to you.

You understand that this method of assignment may lead to competition between all Affiliates, with the result that Affiliates who maintain a long-term relationship with their Prospective Customers, and increase the number of communications with their Prospective Customers, have a higher likelihood of completing sales and generating Commissions, than Affiliates who choose to abandon their Prospective Customers or do not promote the Affiliate Program.


6. ORDER PROCESSING. YSS will be solely responsible for processing YSS Sales following a Specific Link from your site, tracking the volume of Sales placed through your links, providing information to you via our secure website regarding your Affiliate statistics, and tracking and paying amounts due to you for Commission. YSS will be responsible for order entry, payment processing, cancellations, and customer service related to YSS Sales. Purchasers of products via YSS through the Affiliate Program will be deemed customers of YSS.


7. COMMISSION DETERMINATION. You will qualify for Commission, as an Affiliate, when the following conditions are met: a) a sale through the Specific Link tracking described above has been processed; b) Customer has not prevented the tracking of the order by not accepting "cookies" or by impairing the tracking process by any means of Internet settings. Commission rate is 10% of the product purchase price and shipping, handling, packaging, gift-wrapping, credit card processing fees, currency conversion fees, duties and taxes on each Completed Sale are excluded from your referral fee calculation.

You will not receive Commission on your own YSS Purchases.

Should YSS issue a full or partial refund to one of your Customers, Commissions earned from that Sale will be withheld and deducted from your next Commission payment. In order to prevent fraudulent use of the Affiliate Program, you understand that, should the withholding amount exceed the amount of Commissions due, YSS will be entitled to recover the difference from you.


8. COMMISSION PAYMENT. Commissions will be paid monthly by check, sent via United States Postal Service, approximately 30 days following the end of each calendar month. The Net Commission (the amount of your check) is based on product sales made in the previous calendar month, less any Commissions withheld due to refunds issued to Customers.

Should the Net Commission payable to you for a calendar month be less than Fifty Dollars ($50.00), YSS may hold the Commission until the next pay period in which your accumulated Net Commission equals or exceeds $50.00.

It is your responsibility to keep YSS informed of your proper mailing address, by updating the contact information at the YSS Affiliate website at http://www.yoursuccessstore.com/affiliate_login.asp. Under no circumstances will YSS be responsible for lost or stolen Commission checks.

The Commissions paid under this Agreement to you are for use by you and you only and may not be transferred or in any manner passed on to any third party unless expressly authorized by YSS in writing. You will select a password with which to enter the password-protected area of the YSS Affiliate Program website to receive your Affiliate statistics on a regular basis.


9. TAXES. You are solely responsible for payment of all taxes resulting from your participation in the Affiliate Program. You are expected to follow any and all federal, state, municipal and county laws, rules, regulations and ordinances with respect to your participation in the Affiliate Program. Affiliates are required to furnish YSS with a valid tax identification number, such as a Social Security Number or Employer Identification Number. YSS may withhold payment of Commissions until a valid tax identification number has been furnished.


10. AFFILIATE PROGRAM MANAGER. YSS has contracted a third-party to manage and administer its Affiliate Program. This Affiliate Program Manager will a) serve as the data interchange between you and YSS; b) be responsible for collecting Affiliate Applications; c) track your performance in the Affiliate Program; d) operate the reporting site; and e) providing support services. The Affiliate Program Manager's role means that they will have access to a great deal of information about you, including the personal information contained in the application and the performance data associated with your participation in the Affiliate Program. All personal information supplied by you in connection with the Affiliate Program shall be used by the Affiliate Program Manager in a manner that is consistent with its Privacy Policy. By submitting your application, you consent to this Affiliate Program Manager's role with YSS, including the collection and use of the information they gather in order to manage and administrate the Affiliate Program.


11. RELATIONSHIP BETWEEN PARTIES. You and YSS are independent contractors. Nothing in this Agreement creates any joint venture, agency, franchise, partnership, sales representative, or employment relationship between you and YSS. You have no right or authority to make or accept any offers or representations on behalf of YSS. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this section.


12. MARKETING ASSISTANCE. You will allow YSS to publicly report any success achieved with the Affiliate Program. YSS may report such successes to YSS's prospects and customer base for the purpose of marketing YSS's products. Upon request, you must reasonably assist YSS with truthful testimonials and references.


13. MODIFICATION. All terms and conditions of the Affiliate Program, including this Agreement, are subject to modification by YSS, at any time, at YSS's sole discretion. Such modifications may include, but are not limited to, payment terms, Commissions, scope of the program, products or services offered under the program. Notice of modification emailed to your email address, or posted at YSS's website, is considered delivered to you. Your only recourse against modifications that are unacceptable to you is termination of this Agreement. Continuing your participation in the Affiliate Program after notice of modifications has been delivered to you, constitutes your binding acceptance of the modifications.


14. TERM OF AGREEMENT. The term of this Agreement will begin upon YSS's acceptance of your Affiliate Program Application and will end when terminated by either you or YSS. Either party may terminate this Agreement at any time and for any reason, with or without cause, by giving the other party written or electronic notice of termination. You are only eligible to earn Commissions on sales occurring during the term of this Agreement, and fees earned through the date of termination will remain payable only if the related orders are not cancelled or returned, or otherwise fail to qualify as Commissionable. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, a) all licenses hereunder shall terminate, b) you shall remove any Specific Links, YSS Materials, marks, pre-approved images and all other forms of our intellectual property or brand features from your site, within one (1) hour of receipt of notice, c) YSS will promptly remove any of your logos, marks, and brand features from its site, and d) sections 4, 9, 11, 15, 16, 17, 18 and 19 will survive such termination.


15. DISCLAIMERS. YSS makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing or trade usage). In addition, YSS makes no representation that the operation of its site will be uninterrupted or error free, and YSS will not be liable for the consequences of any interruptions or errors. YSS further makes no representation, warranty or guarantee as to the amount of Commissions to be paid to you, or as to any asset or profitability, of any, or other benefit you may derive from participation in the Affiliate Program.


16. INDEMNIFICATION. You hereby agree to defend, indemnify and hold harmless YSS and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, expenses and fees (including reasonable outside attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses, or actions in respect thereof, arise out of or are based on a) any claim that YSS's use of the Affiliate marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, b) any failure or breach of any representation, warranty, covenant, or agreement made by you herein, c) any misuse of YSS name or marks, d) any claim related to your site, including without limitation, its development, operation, maintenance and content, or e) any claim for assessment of any taxes, including without limitation, foreign, U.S. federal, state, or local withholding taxes, FICA, FUTA, Social Security, Medicare, SUI, and other such taxes and deductions with respect to any earnings or payments made hereunder.


17. LIMITATIONS OF LIABILITY. YSS will not be liable for indirect, incidental, exemplary, punitive, special or consequential damages; any loss of revenue, profits, business opportunities, business reputation or other economic loss; or loss of data, arising in connection with this Agreement or the Affiliate Program, even if YSS has been advised of the possibility of such damages. Further, YSS's aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.


18. INDEPENDENT DECISION. You acknowledge that you have read this Agreement, have had an opportunity to consult with your own legal advisors, if you so desired, and agree to all its terms and conditions. You understand that YSS may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.


19. GOVERNING LAW. These Terms constitute an agreement between YSS and you, with respect to its subject matter. All matters pertaining to this Agreement shall be governed by, construed and enforced under the laws of the State of Texas and Dallas County. The parties herein waive trial by court or jury. Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by mandatory arbitration in accordance with the rules of the American Arbitration Association. Declaratory relief ordering such arbitration, as well as any judgment upon the award rendered by the arbitrator(s), if applicable, shall be entered by the court having jurisdiction thereof. For that purpose, the parties hereto consent to the exclusive jurisdiction and venue of an appropriate court and site for arbitration located in Dallas County, State of Texas. In the event of arbitration, the parties agree that the prevailing party shall not be entitled to receive attorney's fees, whether or not taxable by the court or arbitrator(s) as costs.

Agreement Dated 12/14/05

If you are in agreement with the terms and conditions above,
click here to apply for the YSS AFFILIATE PROGRAM