This agreement applies to all users (hereafter referred to as: “Partner”) of services provided by MySpendingHabit.com. The Partner declares his/her/its consent with the agreement through their use of the aforementioned services. Any terms and conditions set forth by the Partner or any third parties shall be void and do not apply, even if MySpendingHabit.com does not contradict their application on an individual basis. MySpendingHabit.com reserves the right to modify its agreement from time to time solely at its discretion.
Partner Program Content – MySpendingHabit.com operates a Shopping portal at www.MySpendingHabit.com. Customers registered at the site (“Members”) constitute a shopping community that is linked through the site. The purpose of the Partner Program is to create a mutually beneficial business relationship with the objective of synergistically benefiting from increasing the number of Members. The objective of the Agreement is that MySpendingHabit.com refers new and returning buyers to Partner businesses and websites for a 15% fee. Partner’s registration in the Partner Program is fully contingent upon and subject to Partner’s completion of the Partner registration forms provided by MySpendingHabit.com (which may consist of online and/or other forms) and MySpendingHabit.com’s acceptance of Partner into the Partner Program, which acceptance shall be at MySpendingHabit.com’s sole discretion.
Relationship of Partner – MySpendingHabit.com engages Partner as an independent entity. MySpendingHabit.com and Partner hereby agree to be independent contractors, and neither party, nor any of their respective affiliates, has the authority to bind the other
Conflicts Of Interest, and Covenant Not To Compete – Partner warrants that he, she, or it is free to enter into this Agreement, and that this engagement does not violate the terms of any agreement between them and any third party. Further, in rendering their duties, Partner shall not utilize any invention, discovery, development, improvement, innovation, or trade secret in which it does not have a proprietary interest. During the period of this agreement, Partner hereby agrees not to compete with or circumvent MySpendingHabit.com, in any form whatsoever, as to MySpendingHabit.com’s business, plans, marketing formula, vendors, industry constituents, or providers of the services/products worldwide.
Referral Commission – MySpendingHabit.com shall collect commissions for the business transactions conducted through the Partner Site by Members according to the following:
Fifteen percent (15%) of the “listed sale price” earned by each referral, new or returning.
All referral commissions are subject to the receipt by MySpendingHabit.com of the revenue on which the transaction is directly based. All transaction receipts submitted to Partner should be verified within 5 days and commissions paid. Partner site will remain listed in our community in accordance with MySpendingHabit.com policy, and Partner will only retain a listing for so long as Partner remains in compliance with the terms and conditions of this Agreement, MySpendingHabit.com’s marketing-related policies, rules and requirements and all applicable local, state and federal laws, rules and regulations.
Product Claims Representation – Partner agrees to represent its Partner Site honestly and within its limitations and design, and not make any inferences that may suggest anything more.
Future Acts and Modifications – Partner understands and agrees that MySpendingHabit.com will notify Partner of all such future acts, processes and information as may be reasonably required from Partner to carry out fully and to effectuate the provisions of this contractual relationship of the parties, and any changes, waivers, discharges, or terminations to this contractual relationship which MySpendingHabit.com in its sole discretion may deem necessary, by submitting any such changes in writing to Partner. Partner agrees to comply with such future acts, changes, waivers, discharges, or terminations. Notwithstanding the foregoing, notice of any such future acts, changes, waivers, discharges, or terminations may be provided by MySpendingHabit.com by publishing updated Terms, conditions and agreements online. MySpendingHabit.com may also decide on its own discretion to completely discontinue the service without any liability therefor.
Termination – The initial term of the Partner Program shall be one (1) year after MySpendingHabit.com provides Partner with notice of MySpendingHabit.com’s acceptance of Partner into the Partner Program. Thereafter, the term shall automatically renew for additional one (1) year periods, unless either MySpendingHabit.com or Partner provides written notice to the other party at least thirty (30) days prior to the expiration of the then-current annual term period of its election not to renew. MySpendingHabit.com shall have the right to terminate this Agreement at any time, with or without notice, should Partner commit a breach thereof or fail to comply with those Terms published by MySpendingHabit.com and which may be amended from time to time at the sole and exclusive discretion of MySpendingHabit.com. After the initial term, MySpendingHabit.com shall have the right to terminate this Agreement at any time and for any or no reason by giving sixty (60) days prior written notice to Partner. Partner shall have the right to terminate this Agreement for any reason whatsoever by giving sixty (60) days prior written notice to MySpendingHabit.com. Furthermore, Partner may terminate this Agreement upon written notice with immediate effect if MySpendingHabit.com is in material breach of this Agreement, which breach remains uncured for thirty (30) days after written notice of the breach is received by MySpendingHabit.com from Partner. In case of any termination that is not either due to a breach of MySpendingHabit.com or effectuated by MySpendingHabit.com due to a breach of Partner, all fees owed and owing to MySpendingHabit.com according to the individual referral Agreement, if any, shall still be due. Notwithstanding anything to the contrary, fees that are paid to MySpendingHabit.com under this Agreement are not refundable.