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Terms and Conditions
	To be an authorized affiliate of Self-Pub.net, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Self-Pub.net service as an affiliate. By signing up for the Self-Pub.net affiliate program, you indicate your acceptance of this agreement and its terms and conditions. Self-Pub.net is owned and operated by Jera Publishing, LLC 1. Scope of Agreement By completing and submitting the Affiliate Program application form and clicking the “AGREE” button, you are entering into a legal agreement with Jera Publishing, LLC which governs the terms of your participation in Self-Pub.net’s Affiliate Program. 2. Definitions • “Jera Publishing Marks” means any of the trademarks, service marks, trade names, designs, logos, images and/or other proprietary names or marks owned by and used by Jera Publishing. • “Self-Pub.net Site” means any website owned, maintained or controlled from time to time by or on behalf of Jera Publishing and any entity controlled by or under common control with Jera Publishing. • “Click-through” means when a user of Your Website (other than the website owner, webmaster, or an employee or agent of the website owner) clicks on a Link which leads the user to a page on the Self-Pub.net Site. • “Link” means a URL hyperlinked to text, a graphic, a search field or another information object on Your Website, and includes a text link or a banner. • “Term” means the term of this Agreement as defined in Section [__] hereof. • “Your Website” means the website maintained by you as indicated on your Affiliate Program application form under “Site URL”. 3. Enrollment in Affiliate Program 3.1 To enroll in Self-Pub.net’s Affiliate Program, you must submit a completed Affiliate Program application via the Self-Pub.net Site at http://www.self-pub.net/idevaffiliate/. Jera Publishing, LLC will review your application and will notify you to advise you whether your application has been accepted or rejected. Jera Publishing, LLC may reject your application if they determine that Your Website is unsuitable for the Affiliate Program for any reason. If your application is rejected, you may reapply at any time, and your resubmitted application will be reviewed and considered. 3.2 By submitting the Affiliate Program application form, you acknowledge that you have evaluated independently the desirability of participating in the Self-Pub.net Affiliate Program and are not relying on any guarantee or statement other than any contained in this Agreement. 4. Jera Publishing’s Rights and Responsibilities 4.1 Jera Publishing, LLC will provide you with graphical and textual Links that will enable users of Your Website to click through to the Self-Pub.net Site, as set forth in more detail in Section 5 hereof. 4.2 Jera Publishing, LLC is and, during the Term hereof, will remain solely responsible for the development, maintenance and operation of the Self-Pub.net Site. 5. Your Rights and Responsibilities 5.1 You are and, during the Term hereof, you will remain solely responsible for the development, maintenance and operation of Your Website and for all materials and content that appear on Your Website. Jera Publishing, LLC reserves the right to refuse acceptance of Your Website into the Self-Pub.net Affiliate Program for any reason, including without limitation, the posting of any content that is libelous, defamatory, obscene, pornographic, abusive or overly violent, or that promotes illegal activity or behavior or discrimination or harassment based on age, disability, gender, national origin, race or sexual orientation, or in Jera Publishing, LLC’s determination, the content adversely impacts Jera Publishing, LLC or Self-Pub.net’s reputation or violates any law or regulation. 5.2 You will select the Qualifying Links you wish to display from the Qualifying Links provided by Jera Publishing, LLC on the Self-Pub.net Site and will place the selected Qualifying Links on Your Website to enable users of Your Website to click on the Qualifying Links to Click-through to the Self-Pub.net Site. You may display the Qualifying Links you select on as many pages of Your Website as you wish. 5.3 You will display the Qualifying Links on Your Website in the form, manner and presentation described in the Links Usage Procedures attached as Schedule “A” to this Agreement and in accordance with such additional instructions as Jera Publishing, LLC may provide to you from time to time. You understand that Jera Publishing, LLC may modify the Links Usage Procedures and/or the Usage Instructions at any time. You will not reformat or otherwise modify the Qualifying Links without the prior written consent of Jera Publishing, LLC. You will not be entitled to a commission for Click-throughs of Qualifying Links that have been reformatted or otherwise modified without such prior written consent. 5.4 You agree not to make any representations, warranties or other statements concerning Jera Publishing, LLC, the Self-Pub.net Site, any of Self-Pub.net’s products or services, or Self-Pub.net Site policies, except as expressly authorized in this Agreement or by Jera Publishing, LLC in writing. You are responsible for notifying Jera Publishing, LLC of any malfunctioning of the Qualifying Links or any other problems that arise with respect to your participation in the Affiliate Program. Jera Publishing, LLC will respond promptly to all concerns upon such notification by you. 5.5 You will not solicit any Self-Pub.net advertiser or client without the prior written approval of Jera Publishing, LLC. 5.6 You will not create, publish or distribute any item that contains references to Self-Pub.net or Jera Publishing, LLC business or your affiliation with Self-Pub.net without first submitting such item to Jera Publishing, LLC and receiving Jera Publishing, LLC’s written consent. 6. Commissions 6.1 Jera Publishing, LLC agrees to pay commissions for each valid sale generated by a Qualifying Link, in which the user access a Self-Pub.net Web page and purchases the qualifying product, at the rate of 5% of the sale or a flat $5.00 per sale. You will be able to choose which commission payout fee you wish to use when signing up with the Affiliate Program. Jera Publishing, LLC has no obligation to pay for commissions for a sale generated from a Qualifying Link that were fraudulent, refunded, or do not otherwise fit the definition of a sale. 6.2 Jera Publishing, LLC will pay you within 15 days after the end of each month for all commissions earned under this Section during the prior month, less any taxes Jera Publishing, LLC may be required to withhold, less any sales that were refunded for any reason, and less any amount Jera Publishing, LLC determines, in its sole discretion, was not validly earned from proper use of the Qualifying Link on Your Website or from valid sales. If commissions earned during any month are less than $5.00, Jera Publishing, LLC, in its sole discretion, may hold those commissions until such time as the total amount due is at least $5.00 or (if earlier) until this Agreement is terminated. 6.3 You will be provided with a password that will enable you to enter a password-protected site, the address of which will be sent to you by Jera Publishing, LLC. You may use the password to log in to that site solely to access information about the number of times the Qualifying Link on Your Website has generated a sale to Self-Pub.net. Jera Publishing, LLC will pay commissions based only on valid sales. You understand and agree that the commission is based on the sale of the Self-Pub.net Book Design Wizard 2.0, Poetry Book Creator 2.0, Book Templates, Book Formatting Service and Book Cover Design only and not of any other products or services Self-Pub.net may offer on the Self-Pub.net site. 6.4 All determinations of valid sales and commissions payable based thereon will be made by Jera Publishing, LLC in its sole discretion. If you have reason to believe that you are entitled to commissions for sale that Jera Publishing, LLC has rejected as invalid, you may appeal to Jera Publishing, LLC whose determination will be final and binding on both Jera Publishing, LLC and you. Commission rates will be set solely by Jera Publishing, LLC in its discretion and may be changed at any time upon notice by Jera Publishing, LLC. 7. Ownership and Licenses 7.1 The parties hereto shall retain all ownership of and right, title and interest in and to their respective names, logos, trademarks, service marks, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, copyrights and proprietary technology currently used or which may be developed and/or used by such party in the future. 7.2 Jera Publishing, LLC hereby grants you during the Term, subject to the terms and conditions of this Agreement, including the Links Usage Procedures set forth in Schedule “A” hereto, a revocable, non-exclusive, worldwide, royalty-free license to use, reproduce, display and transmit the Qualifying Links and the accompanying Self-Pub.net Marks on Your Website solely for the purpose of creating links from Your Website to the Self-Pub.net Site. Except as expressly set forth in this Agreement or permitted by applicable law, you may not copy, distribute, modify, reverse engineer, or create derivative works from Self-Pub.net Marks or the Self-Pub.net Site. You may not sublicense, assign or transfer any such licenses for the use of Self-Pub.net Marks, and any attempt to sublicense, assign or transfer the same will be deemed void. 7.3 During the Term, you will not adopt, use, or register, or apply for registration of, whether as a corporate name, trade mark, service mark or other indication of origin, any of the Self-Pub.net Marks, service marks or trade names, or any word or mark that is confusingly similar to the Self-Pub.net Marks in any jurisdiction. 7.4 You hereby grant Jera Publishing, LLC during the Term a revocable, non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by you solely for co-branding purposes or as a return link from the Self-Pub.net Site to Your Website. 8. Representations and Warranties 8.1 Jera Publishing, LLC represents and warrants that it has all the requisite corporate power and authority to enter into this Agreement and to perform its obligations hereunder. Jera Publishing, LLC does not warrant that the Self-Pub.net Site or anything contained thereon will meet your requirements or that performance or operation of the Self-Pub.net Site will be uninterrupted or error-free. JERA PUBLISHING, LLC AND ITS LICENSORS MAKE NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, COURSE OF DEALING OR PERFORMANCE AND NON-INFRINGEMENT. 8.2 You represent and warrant as follows: (a) if you are an individual, you are 18 years of age or older and have valid legal capacity to enter into this Agreement and to perform your obligations hereunder, or if you are the representative of a company, you have all of the requisite corporate power and authority to enter into this Agreement on behalf of the company and the company has requisite corporate power and authority to perform its obligations hereunder, and, in either case, no other consent, approval or authority is necessary or required to bind you as an individual or as a company to all the terms and conditions hereof; (b) you have read this Agreement and you understand and agree to all of its terms and conditions; (c) the content on Your Website, and/or the technology used by you in connection with Your Website and/or the means by which users access Your Website: (i) are owned or validly licensed for use by you or, alternatively, are in the public domain; (ii) do not constitute or contain defamatory, libelous, obscene, pornographic or excessively violent material or promote illegal activity or behavior or discrimination or harassment based on age, disability, gender, national origin, race or sexual orientation; (iii) do not infringe or violate any copyright, patent, trademark or other intellectual property right, or otherwise violate or breach any duty toward or rights, including without limitation, rights of privacy and publicity, of any other person; (iv) do not result in any consumer fraud, product liability, breach of contract to which you are a party or cause injury to any third party; and (d) will not create a means for benefiting from this Agreement by generating invalid or fraudulent sales as described in Section [__] above. 9. Term and Termination The Term of this Agreement will commence on the date on which Jera Publishing, LLC accepts your completed Affiliate Program application and will continue in full force and effect until terminated pursuant to this Section. Either party shall have the right, in its sole discretion for any reason whatsoever, to terminate this Agreement at any time by giving the other party seven days written notice; provided, however, that Jera Publishing, LLC shall have the right to terminate this Agreement immediately in the event it deems the content on Your Website objectionable for any of the reasons set forth in Section [__] or if Jera Publishing, LLC has reason to believe that you are using or have used any automated means to generate additional sales, including but not limited to a script, macro or any programmed robot or agent, each of which is deemed fraudulent hereunder. Upon termination by either party, the licenses set forth in Section [__] shall automatically terminate, and within seven day(s) after termination, you will ensure that all Qualifying Links and Self-Pub.net Marks are removed from Your Website and all files or other items containing the Qualifying Links and/or the Self-Pub.net Marks have been deleted and erased from the memory of your computers and those of Your Website servers. Sections [7, 8, 9, 10, 11, 12 and 13] will survive the termination or expiration of this Agreement. Further, you will be entitled to no additional commissions for sales generated by Your Website after the effective date of the termination or expiration of this Agreement. 10. Jera Publishing, LLC Required Provisions. 10.1 You hereby agree to indemnify, defend, and hold harmless Jera Publishing, LLC and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable legal fees) arising directly or indirectly from or with respect to your engagement as an Affiliate under this Agreement, any other matter related to this Agreement or the subject matter hereof or any dispute relating thereto. 10.2 You agree that Jera Publishing, LLC may rely on any data, notice, instruction or request furnished to Jera Publishing, LLC by either party which is reasonably believed by Jera Publishing, LLC to be genuine and to have been sent or presented by a person reasonably believed by Jera Publishing, LLC to be authorized to act on behalf of one of the parties. In the event of any dispute between the parties, the parties agree that to the extent the parties involve Jera Publishing, LLC in such dispute, Jera Publishing, LLC may consult with and use counsel of its own choice in connection with such dispute and the reasonable fees and disbursements of Jera Publishing, LCC counsel shall be included in the costs and disbursements covered by the indemnity specified in paragraph [10.1] above. 10.3 Both parties hereto acknowledge and agree that the nature of Jera Publishing, LLC’s software product that operates the Self-Pub.net Affiliate Network (“Product”) is such that in its normal operation it may access and download elements of software data from resources which are external to the computer or device running the Product, such as Product enabled servers. You acknowledge that Jera Publishing, LLC has not undertaken to provide such external resources or servers and that Jera Publishing, LLC specifically disclaims any representation or warranty as to the availability, quality or performance of such resources or whether they may contain any defects which may affect the performance of the Product or Jera Publishing or your computer network or system. Jera Publishing, LLC shall not be responsible for provision of any communications facilities or the costs associated with such communications. 11. Indemnity and Limitation of Liability You agree to defend, indemnify and hold Jera Publishing, LCC harmless from and against any and all third party claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) directly or indirectly arising out of or from or relating to your engagement as an Affiliate under this Agreement, including the operation of or content on Your Website, any breach of any of your warranties hereunder or any representations you make on behalf of Jera Publishing without its written authorization. EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO BREACH OF THE CONFIDENTIALITY PROVISIONS HEREIN AND SECTION [7.2] HEREOF, OR WITH RESPECT TO A MATTER COVERED BY THE ABOVE INDEMNITY, OR RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY EITHER PARTY, NEITHER PARTY OR ANY OF [COMPANY]’S VENDORS OR PARTNERS WILL BE LIABLE FOR ANY LOST REVENUES OR PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES FOR LOST DATA, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT, PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE, AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT WILL JERA PUBLISHING LIABILITY ARISING OUT OF THIS AGREEMENT EXCEED THE NET AMOUNT PAYABLE TO YOU UNDER THIS AGREEMENT. 12. Confidentiality During the term of this Agreement, you may have access to certain confidential or proprietary information of Jera Publishing, LLC, which information a reasonable person would consider confidential or which is marked as “confidential” or “proprietary” by Jera Publishing, LLC. Confidential Information does not include information that is generally known and available, or in the public domain, through no fault of yours. You agree: (a) not to disclose any Confidential Information to any third parties; (b) not to use any Confidential Information for any purpose whatsoever except as may be required in order to carry out your obligations and responsibilities under this Agreement; and (c) to keep the Confidential Information confidential using at least the same degree of care you use to protect your own confidential information. You acknowledge and agree that due to the unique nature of the Confidential Information, there can be no adequate remedy at law for any breach of your obligations hereunder, that any such breach may allow you or a third party to unfairly compete with Jera Publishing, LLC resulting in irreparable harm to Jera Publishing, LLC and, therefore, that upon any such breach or threat thereof, Jera Publishing, LLC shall be entitled to injunctive and other appropriate equitable relief in addition to whatever remedies it may have at law, without the necessity of proving damages. In addition, if the non-breaching party prevails in any legal dispute hereunder, it shall be entitled to collect its reasonable legal fees and expenses. All obligations under this Section shall survive for a period of two years after termination of the Agreement. 13. General Provisions 13.1 Jera Publishing, LLC may modify any of the terms and conditions contained in this Agreement at any time and from time to time. Jera Publishing, LLC will attempt in good faith to notify you via e-mail of any such modification and will post a change notice on the Self-Pub.net Site. If a modification is unacceptable, you may terminate this Agreement by giving notice as provided in Section [__]. If you do not provide Jera Publishing, LLC with notice of your termination within fourteen days after any modifications are posted and continue to display the Qualifying Links on Your Website, then you will be deemed to have accepted the modifications. 13.2 Each party shall act as an independent contractor of the other and this Agreement will not be construed to create a partnership, joint venture, agency or employment relationship between them. Neither party will have the right or authority to create any obligation or responsibility on the other’s behalf or to obligate or bind the other in any respect. 13.3 Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations on account of strikes, lock-outs, labour disputes, shortages of materials, riots, insurrection, fires, flood, storm, explosions, earthquakes, hurricanes, blizzards, other acts of God, war, governmental action, or any other cause that is beyond the reasonable control of such party. 13.4 This Agreement shall be governed by and construed in accordance with the laws of Georgia, USA and the parties hereby attorn to the jurisdiction of the courts of Georgia, USA. 13.5 Any notice to be given under this Agreement shall be in writing and shall be deemed delivered if delivered by e-mail: if to you, to you at the e-mail address provided in your Affiliate Program application form; and if to Jera Publishing, to Jera Publishing at km@self-pub.net. 13.6 You may not assign this Agreement, in whole or in part, by operation of law or otherwise, without the prior written consent of Jera Publishing. 13.7 This Agreement and any schedules attached hereto constitute the entire agreement between the parties to this Agreement pertaining to the subject matter hereof and supersede all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, of the parties and there are no warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement except as specifically set forth herein. 13.8 Any provisions of this Agreement which are or may be rendered invalid, unenforceable or illegal, shall be ineffective only to the extent of such invalidity, unenforceability or illegality, without affecting the validity, enforceability or legality of the remaining provisions of this Agreement, it being the intent and purpose that this Agreement should survive and be valid to the maximum extent permitted by applicable law. 13.9 No consent or waiver, express or implied, by a party of any breach or default by the other party in the performance of such other party of its obligations shall be deemed or construed to be a consent or waiver to or of any other breach or default in the performance by such other party of the same or any other obligations under this Agreement of such other party. Failure on the part of a party to complain of any act or failure to act of another party or to declare another party in default, irrespective of how long such failure continues, shall not constitute a waiver by the first mentioned party of its rights under this Agreement. The remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity. SCHEDULE “A” SELF-PUB.NET LINKS USAGE PROCEDURES 1. You may use any buttons, banners or text links (“Co-Branding Links”) solely for the purpose authorized herein by Jera Publishing and only in compliance with the specifications, directions, information and standards supplied by Jera Publishing and modified by Jera Publishing from time to time. 2. You agree to comply with any requirements established by Jera Publishing concerning the style, design, display and use of the Co-Branding Links; to correctly use the trademark symbol ™ or registration symbol ® with every use of the trademarks, service marks and/or trade names as part of the Co-Branding Links as instructed by Jera Publishing; to use the registration symbol ® upon receiving notice from Jera Publishing of registration of any trademarks, service marks and/or trade names that are part of the Co-Branding Links. 3. You may not alter the Co-Branding Links in any manner, or use the Co-Branding Links in any manner that may dilute, diminish, or otherwise damage Jera Publishing rights and goodwill in any Jera Publishing trademark, trade name and/or service mark that are part of the Co-Branding Links. 4. You may not use the Co-Branding Links in any manner that implies sponsorship or endorsement by Jera Publishing of services or products offered on Your Website or on any other website or by any other party.
	I have read, understand and agree to the above terms and conditions.

IMPORTANT. Tell us how you will be promoting our products. BE VERY SPECIFIC. We do not approve everyone to our affiliate program and this information will be a major part of deciding if you will be approved. If you enter a generic answer or such as “on the web” your account will not be approved. Ideally you should have a website associated with self-publishing, books, authors, etc., where you will be promoting the products. List website URLs or other specific methods where you will be using your affiliate link.
How will you promote our products? BE VERY SPECIFIC, see above.

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