To be an authorized member of the Nerdy Books affiliate program you agree to abide by the terms and conditions contained in this Affiliate Agreement. Please read this agreement carefully before joining our affiliate program. By clicking the "I ACCEPT" button at the bottom of the Affiliate registration page, you indicate your acceptance of this Agreement and all its terms and conditions.
Nerdy Books Affiliate Agreement
This agreement describes the entire terms and conditions for participation in the Nerdy Books Affiliate Program. 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 Nerdy Books, LLC.
Affiliate Site
Nerdy Books uses the services of 1automationwiz.com to facilitate accurate tracking, reporting, and processing of affiliate transactions. 1automationwiz.com will create a unique URL for you when you submit a completed Affiliate Enrollment Form. This is the URL for your unique Affiliate account. You will also be given login credentials to view your affiliate account, or change your contact information.
Commissions
You will receive a 25% commission per CLOSED sale placed through your Affiliate Site. This commission is based upon the paid selling price of the purchased goods or services before tax and shipping. In order for a sale to generate a commission to an affiliate, the customer must complete the order form from that Affiliate's Site, and remit full payment for the product ordered. The Affiliate must maintain the link provided by 1Automation Wiz to the Nerdy Books site in order to qualify for commissions. Nerdy Books cannot pay commissions through this program for sales resulting from links other than those provided to you by 1Automation Wiz.
The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. The Affiliate shall report the Sales Commission to its taxation authorities as required by law.
Payment
Nerdy Books will send a check for the applicable commissions within approximately 15 days after the end of each calendar month, beginning the first full calendar month of the Affiliate's membership. If any order that generated a commission is refunded by Nerdy Books, or if there are any returned checks or charge backs, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced. We require a minimum of $10.00 (US) in commissions due to your account before we will distribute a check. All commissions are accrued until this minimum commission level is achieved
Order Fulfillment
Nerdy Books will be solely responsible for processing every order placed by a customer on the Affiliate Site. Nerdy Books reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Nerdy Books has the right to discontinue selling any product at any time, for any reason.
Customers
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Nerdy Books. Accordingly, all Nerdy Books 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. Nerdy Books policies will always determine the price paid by the customer.
Qualifying Sites
Nerdy Books reserves the right not to accept any site into the Affiliate Program based on site content. Sites that do not qualify for the Nerdy Books Affiliate Program include sites that:
- 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
- routinely or flagrantly send Unsolicited Commercial E-mail (spam)
Nerdy Books 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 Nerdy Books Affiliate Program, and forfeiture of any unpaid commissions.
Relationship of Parties
You and we 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 this statement.
Limitation of Liability
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 to this Agreement.
Scumware
Scumware is the use of Pop-up banners that hide banners that are displayed on a site, placement of icons beside keywords found in text that if clicked will take the visitor to someone else's site, etc. Nerdy Books as a company promises it will not use such predatory advertising methods. Further, affiliates using such methods will have their account terminated, and will forfeit any unpaid commissions.
Length of Agreement
The term of this Agreement shall be for a period of twelve months and shall automatically renew for one year periods unless otherwise terminated or cancelled by either party. Nerdy Books reserves the right to change any terms and conditions at any time. If we do, we will post the new version on our site and we will email you at the last mail address you have given us. Any change will take place immediately after posting.
This Agreement may be cancelled at any time by either party without cause upon 30 days written notice. Nerdy Books will be responsible for all fees and commissions due to the Affiliate up to the point of termination.
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.
The laws of the United States and the State of New Jersey, county of Hunterdon will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located closest to Flemington, NJ, and you irrevocably consent to the jurisdiction of such courts.
Assignment and Waivers
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 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.
Amendments
Nerdy Books reserves the right to make amendments or changes to this Agreement with 30 days written notice to Affiliate.
Acceptance of Terms
Participation in this affiliate program constitutes acceptance of the terms and conditions contained in this Agreement and any amendments thereto.
Entire Agreement
This represents the complete agreement and understanding between Nerdy Books and Affiliate with respect to the subject matter herein and supercedes all previous agreements.
Severability
Every provision in this agreement is intended to be severable. In the event that any term or provision of this agreement is held by a court to be unenforceable, then the remaining provisions shall remain in full force and effect.