Operating Agreement

• Sites that promote pornography

• Sites that promote explicit language or themes

• Sites that promote violence

• Sites that violate intellectual property rights

• Sites that support discrimination based on race, sex, religion, age, physical disability, sexual orientation or national origin

• Sites that promote illegal activities

• Any other material we, at any time and in our sole discretion, deem objectionable 

3) Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on the site will constitute binding acceptance of the change.

4) 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 referral fees paid or payable to you under to this Agreement.

5) Referral Fees

We offer two commission structures: one structure for the products and services we create, and another structure for third party products and services that we offer on our Wellness Store.

Commissions on Our Products
This section refers to commissions on products or services that we create. For a sale which we make as a result of a direct referral by an affiliate, that affiliate will receive a referral fee of 25% of the selling price of the service or product sold. This is known as a first-tier referral commission.

For such a sale as described in the previous paragraph, if the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will be eligible for a commission fee of 10% of the selling price of the service or product sold. This is known as a second-tier referral commission.

Commissions on Third Party Products
This section refers to commissions on products or services from third parties that we offer on our Wellness Store. For a sale which we make as a result of a direct referral by an affiliate, that affiliate will receive a referral fee of 5% of the selling price of the third party service or product sold. This is known as a first-tier referral commission.

For such a sale as described in the previous paragraph, if the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will be eligible for a commission fee of 1% of the selling price of the service or product sold. This is known as a second-tier referral commission.

A commission will only be credited to an affiliate after the customer has made full payment to company. Your commissions will be paid as the payments are received from the customer. If the customer selects the full payment option, you will be sent the full commission at the beginning of the following month. For customers selecting the Easy-Pay option on our Conquer Anxiety Success Program, you will be mailed 25% of each installment the first of the month after said payment is received from the customer. If a customer later requests a refund, or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to both first tier and second tier affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Company in full for any such commissions.

Payments will be issued via check only, made payable to the affiliate in the name the affiliate submits in his or her online registration, and mailed to the mailing address provided by the affiliate.

The first week of the month you will be mailed a check for your sales the month before. There are no minimum sales levels. Whether you receive the commission in one payment or multiple payments depends on which payment option the customer has selected. 

For affiliates with international addresses only, referral fees are held until you have $100 USD in commissions.

Company will not entertain any requests for different payment modes or payment to be made according to some other time schedule. It is the sole responsibility of affiliates to keep Company updated via e-mail or regular mail of any changes in contact information. If a payment fails to reach an affiliate due to an affiliate's failure to update contact information, Company reserves the right the consider the commission as being paid and is not bound to issue a second payment for that commission in question.

If there is a dispute over which affiliate should get credit for a sale, we will research the matter, determine in our sole discretion which affiliate will get credit for the sale, and inform both parties of our decision. 

Company reserves the right to change the terms of the above stated referral commissions and payment procedures at any time. Any such change will take immediate effect and will be binding on all affiliates regardless of when the affiliate first joined the program.

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money, rebates, discounts, or other benefits) to access our site; (b) take any action that could reasonably cause any customer confusion as to our relationship with you; (c) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), (d) place ads on E-bay or other auction sites, or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement. 

6) Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of the National Institute of Anxiety and Stress, Inc. Accordingly, all National Institute of Anxiety and Stress, Inc. rules, policies, and operating procedures concerning customer orders, customer service, and product sales, including but not limited to our Terms of Use, will apply to those customers. We may change our policies, prices, and operating procedures at any time. Because price changes may affect Products that you have listed on your site, you may not include pricing information in your Product or linking descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. 

7) Spamming
You may not promote your referral links through unsolicited e-mailing (i.e. SPAMMING, newsgroup postings, or any other method of mass communication). Failure to comply will result in immediate termination of this Agreement and may result in legal prosecution. The National Institute of Anxiety and Stress, Inc. strictly enforces anti-spamming laws. Spamming is a federal crime. Any affiliate caught spamming will not only have their affiliate membership terminated immediately and lose any past, present, and future earnings, but shall also be held liable for Spamming, as we shall cooperate with any authorities and investigations that may arise from the Spamming incident.

8) Our Relationship
You agree that you will not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that ConquerAnxiety.com supports, sponsors, endorses, or contributes money to any charity or other cause). You will not not issue press releases with respect to participation in the Program. 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 anything in this Section.

9) Linking
We grant you a nonexclusive, revocable right to use Link Materials and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. You agree to display the Link Materials appropriately on your Web site and to respect our trademarks, service marks, intellectual property rights, and other rights in the Link Materials. You will use only these Link Materials to link your Web site to ours, and you will not alter the look or feel of these Link Materials or of our Web site in any way unless you have prior written permission from the National Institute of Anxiety and Stress, Inc. You will use reasonable efforts to update to new versions of Link Materials as we make them available.

10) Responsibility for your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You are responsible for the accuracy and appropriateness of materials posted on your site, including but not limited to all Product-related materials, ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (for example, copyrights, trademarks, privacy, or other personal or proprietary rights), ensuring that materials posted on your site are not libelous or otherwise illegal, ensuring that your site accurately and adequately discloses how you collect, use, store, and disclose data collected from visitors, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers through a privacy policy or otherwise. 

11) Tracking
We will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. We will endeavor to do our best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by us to track sales, affiliates hereby acknowledge and accept that the tracking system employed by us is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:

• Failure by the affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, and so on
• Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale
• Bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time
• Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information.

Operating Agreement last updated on November 1, 2005

If you have any questions, click here to contact us.