MasterKey Corporation

Affiliate Agreement

The following are terms and conditions for participating in any Braemara Affiliate Program. “Affiliate” refers to you, and “Braemara” refers to Braemara Ltd.

Braemara reserve the right to amend this Agreement as needed from time to time, and Affiliate agrees that any such amendment will apply to Affiliates. The continuation of Affiliate status or Affiliate’s acceptance of income or bonuses shall constitute Affiliate’s acceptance of any and all amendments.

1. Affiliate agrees that a Braemara Affiliate is an independent contractor and not an employee, agent, partner, legal representative, or franchisee of Braemara Ltd. Affiliates further agrees not to incur any debt, expense, obligation on behalf of, for, or in the name of Braemara Ltd.

2. Affiliate must be of the age of majority in his/her state or country.

3. All Affiliate applications are subject to approval by Braemara Ltd.

4. Affiliate agrees to receive Braemara’s e-mail, including but not restricted to sales reports, training, newsletters, plus messages from Affiliate’s Team Leader(s).

5. Affiliate agrees to present the Braemara Compensation Plan and Braemara Ltd Products and Services as set forth on Braemara Website(s). Affiliates will make no claims regarding potential income, earnings, products, or services beyond what is stated on Braemara Websites.

6. Affiliate agrees not to disparage Braemara Ltd, other Braemara Affiliates, Braemara Ltd’s Products, the Braemara Compensation Plan and Braemara Ltd’s employees. Affiliate understands that disparagement may result in the immediate suspension or termination of Affiliate Account with a cancellation of any pending commissions.

7. Affiliate agrees to not utilize SPAM in promoting Braemara Websites and Products. This action may result in the immediate suspension or termination of Affiliate Account with a cancellation of any pending commissions. Affiliate will also be in violation of Braemara Ltd’s Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by Braemara Ltd. Any service interruptions to Braemara Ltd’s Websites as a result of Affiliates spamming will be billed to Affiliate at $150 U.S. dollars per hour until service is restored.

For the purpose of this agreement SPAM is defined as e-mailing ANYONE, in bulk or by single mailing, about Braemara Products, who has not specifically requested the information directly from Affiliate. 

The ONLY exceptions to this are:

i.) Mailing to APPROPRIATE OPT-IN mailing lists where the source does the mailing on Affiliate’s behalf AND you do not advertise a Braemara Gateway URL. However, use extreme caution when choosing an opt-in mailing list company! Using anything but the most reputable sources could generate spam complaints against Affiliate resulting in suspension or termination.

ii.) You may include information on Braemara Ltd in e-mail Acknowledgement Messages for orders and inquiries that you receive, so long as it is stated up front that you will be sending them an acknowledgement.

Braemara Ltd also considers ANY type of advertisement about Braemara Websites posted to a newsgroup or chat room to be spam.

8. Affiliate agrees to provide Braemara Ltd with a valid e-mail address upon registration. Affiliate understands that the use of an autoresponder e-mail address is prohibited.

9. Although the Braemara Affiliate Program is United Kingdom based it is not limited to the United Kingdom, However all payments will be made in U.S. dollars. Affiliate commissions shall normally be paid by PayPal and sent out monthly on or about the last day of the month for the previous month’s sales. To cover Braemara Ltd’s fee processing, Braemara Ltd may at it’s discretion deduct approximately $2 (two dollars per sale). If a sale is cancelled or refunded, the related commission will be deducted from a subsequent payment. No minimum amount is required before payments are made. Payments are made via PayPal only and you must provide us with a valid PayPal account email on registration. PayPal may also deduct additional fees from your payment from us.

10. Affiliate will be issued an “Affiliate Link,” a unique URL which allows Braemara Ltd to identify visitors from Affiliate site as originating from Affiliate. These visitors are tracked with this unique URL, and sales are recorded with the appropriate Affiliate ID. To receive commissions, Affiliate must use the provided Affiliate Link. The URL may be in various forms, such as a banner, image, or text link.

11. Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.

12. Braemara Ltd is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish service.

13. Braemara Ltd will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, Braemara Ltd 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. Affiliate understands that Affiliate tracking can never be 100% accurate and Braemara Ltd is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depend on several factors, technical and otherwise, which are beyond the control of Braemara Ltd. It is the goal of Braemara Ltd to make Affiliate tracking as accurate as possible. However, Braemara Ltd cannot guarantee 100% tracking for situations beyond his control.

14. To protect Braemara Ltd’s customer privacy, if deemed necessary, Braemara Ltd reserves the right to withhold identifying customer contact information from Affiliates.

15. Braemara Ltd reserves all rights in or to its trademarks and service marks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Braemara Ltd logo, image, or trademark which may be distasteful, defame, or misrepresent Braemara Ltd.

16. Affiliate understands that prohibited sites for advertising Braemara’s Products or Services include: Websites that promote sexually explicit material or violence; sites that promote discrimination based on race, sex, religion, national origin, or physical disability; sites that promote illegal activities.

17. Braemara Ltd shall not be held liable 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 Braemara Ltd has been advised of the possibility of such damages. Braemara Ltd’s 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 Braemara Ltd under this Agreement.

18. Affiliate agrees not to present others’ creative works – in full or in part – as his or her own nor engage in violation of copyright agreements for any reason. Such violations could result in suspension or termination.

19. Braemara Ltd makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this Agreement.

20. Both Braemara Ltd and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be for a period of one year from the date hereof and shall automatically renew upon each anniversary without further act of the parties unless either party has terminated this Agreement by written notice to the other. If terminated, outstanding commissions at time of termination shall be paid in the next payment so long as the terms of this agreement were not violated by the Affiliate. 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.

21. In the event that a provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.

22. Affiliate understands that Braemara Ltd will purge the main Affiliate database monthly of all Affiliates who have been designated as “inactive” for a period of three months or more.

23. This agreement will be governed by and construed in accordance with the Laws of Scotland.

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