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Payments and Commissions

CareCircle International, Inc. (CareCircle), a New York State Corporation located at 44 Broadway, Pleasantville, NY 10570, will pay the Affiliate a 40% commission of revenue received from the sale of CareCircle Programs to visitors identified identified as coming from Affiliate's web site by using the unique Affiliate link provided by CareCircle. Affiliates who sell 100 programs will automatically be made "Gold Affiliates" and earn a 50% commission on all future sales.

Affiliate commission shall be paid approximately every 30 days, at the end of each calendar month. CareCircle reserves the right to modify the payment schedule as long as notice is posted to the Web site. If commission does not exceed $20 for prior period, CareCircle reserves the right to hold payment until commissions accumulate to $20 or more. Payment may be made by check or by direct deposit to the Affiliate if preferred.

Although the Affiliate Program is not limited to the U.S. all payments will be made in U.S. dollars.

Because Affiliates are independent contractors, once an Affiliate earns $600 in a given year we must provide the Affiliate and the US Government with notice for tax purposes. CareCircle may need to ask the Affiliate to provide additional information (directly related to this process) at that point, and additional payments will be withheld until the Affiliate provides such information.

If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment.

Affiliates are NOT employees of CareCircle and are responsible for their own local, state, or country taxes.

All Affiliate applications are subject to approval by CareCircle.

Both CareCircle and the Affiliate reserve the right to terminate this agreement at any time. If canceled, outstanding commissions for current period at time of cancellation shall be paid in the next monthly payment so long as rules of this agreement were not violated by the Affiliate.

Affiliate Link

You will be issued an "Affiliate Link", which allows CareCircle to identify visitors from your site as originating from you. These visitors are tracked via an Internet cookie, and sales are credited to your Affiliate account. To receive commissions, you must use the provided Affiliate Link, which may be in various forms such as a banner, image, or text link. The link expires in 120 days, which means when someone who has visited carecircle.com from your site makes a purchase within 120 days a commission will be credited to your account.

CareCircle reserves all rights in or to its trademarks and servicemarks but may be used by Affiliate in accordance with this agreement. The CareCircle trademark may not be used to register internet domain names for any purpose. Affiliate may in no way display an CareCircle logo, image, or trademark which may be distasteful, defame, or misrepresent.

Affiliate shall not misrepresent CareCircle products or services.

Affiliate is solely responsible for insuring that their Affiliate Link is setup properly to qualify for commissions.

Affiliate may not use their own Affiliate Link to order services from CareCircle. Doing so will result in immediate reversal of any commission.

Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of CareCircle products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending commissions. Affiliate will also be in violation of the CareCircle Affiliate Agreement and subject to legal action.

Prohibited Sites

Sites that promote: sexually explicit material or violence do not qualify as an Affiliate. Sites that promote discrimination based on race, sex, religion, national origin, and physical disability, shall not be accepted. Sites that promote illegal activities shall not be accepted. Do not apply if your site promotes these kinds of activities. By applying, you are stating that your Site does not directly promote or endorse these activities.

Term of Agreement

This agreement remains in affect until cancelled by either party.

Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not cancelled or refunded by the referred Customers. Payment of the final Commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

Disclaimer

CareCircle will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, CareCircle is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.

Privacy

To protect CareCircle customer privacy, we cannot provide identifying customer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and perhaps other data for your records.

Independent Contractor

The relationship between CareCircle and Affiliate established by this Agreement is that of independent contractors. CareCircle and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Affiliate" shall not be interpreted as a legal partner or affiliate, simply as an independent contractor for CareCircle under this agreement.

Limitation of Damages

CareCircle shall not be held liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if CareCircle has been advised of the possibility of such damages. CareCircle aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by CareCircle under this agreement.

Affiliate understands that Affiliate tracking can never be 100% accurate and CareCircle is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors which are out of the control of CareCircle. It is the goal of CareCircle to make Affiliate tracking as accurate as possible, however, CareCircle cannot guarantee 100% tracking for situations beyond its control.

Warranty Disclaimer

CareCircle makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this agreement.

Governing Law

This agreement shall be governed by the laws of the State of New York and the United States.

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