Veterans Care Advisors Marketing Affiliate Agreement

The Veterans Care Advisors Marketing Affiliate Agreement is the Agreement between Veterans Care Advisors (herein after "Company") and the Marketing Affiliate ("You"). By being a Veterans Care Advisors Marketing Affiliate you consent to the following terms:

1. You agree that Ohio law, excluding principles of conflict of law, will govern this agreement, and that any claim or suit arising out of or related to this agreement must be brought exclusively in federal or state courts located in Portage County, Ohio. You consent to the exclusive jurisdiction of such courts.
   
   
2. You agree to assume full responsibility for your decision to become a Veterans Care Advisors Marketing Affiliate. The Company offers the Veterans Care Advisors marketing affiliate program "as is" and disclaims any implied warranties including warranties for merchantability, fitness for a particular purpose, and non-infringement.
   
   
3. You agree that in no event will the Company be liable to You for any special, incidental or consequential damages.
   
   
4. It is expressly understood that you and Veterans Care Advisors are, in all respects, independent parties to a Agreement. This agreement does not create a relationship of principal and agent and neither party is to be construed as the legal representative of the other. Nothing contained in this agreement shall be construed to create a relationship of employer or employee, partnership, or joint venture, fiduciary or similar relationship between you and Veterans Care Advisors, for any reason whatsoever. Consistent with the parties' status as independent parties:
   
   
   1. You are not authorized to make any promise, warranty or representation on behalf of the Veterans Care Advisors for any purpose.
   
   
   
   2. You agree that you shall not represent to any person that you are the agent of Veterans Care Advisors, nor fail to correct any misunderstanding as to such status.
   
   
   
   3. You will not have the power or authority to, and agree that you will not, obligate or attempt to obligate Veterans Care Advisors in any manner whatsoever.
   
   
   
   4. You will be solely responsible for reporting or paying any federal or state income taxes on your earnings (including any earnings stemming from or related to this agreement).
   
   
   
   5. You will be solely responsible for withholding, paying and/or reporting federal or state income taxes, FICA (Social Security or Medicare) taxes, FUTA taxes, state unemployment insurance taxes, state disability insurance taxes, or any other taxes directly associated with the compensation you pay to your employees or agents.
   
   


5. You agree that you are responsible to obtain all relevant licenses and permits associated with the legal operation of your enterprise. Furthermore, you agree to indemnify and hold the Company harmless for any damages or costs incurred as a result of your violation of any law, regardless of whether they are actual, incidental, consequential, or punitive.
   
   
6. If You promote the VCA Handbook product of Veterans Care Advisors, then:
   
   
   1. You agree to make no such promotions that suggest or imply any warranty or other policy that might conflict with Veterans Care Advisors's 30 day return policy.
   
   
   
   2. You agree to make no such promotions that involve unlicensed or unauthorized use of materials protected by copyright, trademark or other intellectual property laws.
   
   
   
   3. You agree that You will not engage in activities that interfere with our tracking of commissions, or with the normal flow of traffic from affiliates.
   
   
   
   4. You agree that all such promotions will not be false or misleading and will be fully compliant with federal and state laws, including U.S. federal and state laws regarding network abuse, unsolicited messaging, and U.S. Federal Trade Commission regulations, policies and guidelines governing advertising, disclosure and consumer protection. All such promotions must contain all disclosures necessary to prevent them from being false or misleading in a clear and conspicuous manner. See Federal Trade Commission Policy, Dot Com Disclosures, http://www.ftc.gov/bcp/conline/pubs/buspubs/dotcom/index.pdf.
   5. You agree to provide Veterans Care Advisors with an active and working email address related to your account and to respond within 24 hours to any email communication from Veterans Care Advisors to you.


7. If You send (or cause to be sent) messages by electronic means (including but not limited to email and instant messages) in connection with the direct or indirect promotion of Veterans Care Advisors products, then You represent and warrant the following:
   
   
   1. No such message will be sent to any individual who has not explicitly requested to receive such messages specifically from You or your company.
   
   
   
   2. No such message will be sent to any individual who has explicitly requested to receive no further messages from You or your company.
   
   
   
   3. All such messages will be in full compliance with federal and state laws and regulations governing commercial electronic mail, electronic messaging, and advertising.
   
   
   
   4. No such message will include any false or misleading information regarding your identity, or the intent, subject, or origin of the message.
   
   
   
   5. All such messages will include accurate information regarding your identity, and the intent, subject, and origin of the message.
   
   
   
   6. No such message will be sent from (or made to appear that it was sent from) an address that was obtained via the use scripts or other automated means to register for multiple electronic mail accounts or online user accounts from which to transmit unsolicited or misleading email messages.
   
   
   
   7. No such message will include any fraudulent, deceptive, false or misleading information.


8. You understand that the Company, in its sole discretion, may suspend your account(s) or hold any or all funds in your Veterans Care Advisors account if the Company has reason to believe that you have been involved with any of the following conduct that is related in any manner to Veterans Care Advisors or its customers:
   
   
   1. engaging in illegal activity, including but not limited to, consumer fraud, bank fraud, credit card fraud, spamming or other illicit commercial activities;
   
   
   
   2. infringing intellectual property rights of Veterans Care Advisors, its related companies, affiliates, publishers, customers or other related parties;
   
   
   
   3. misrepresenting, over-promising or other acts in violation of federal or state law affecting consumer protection and commercial activities; or otherwise violating Veterans Care Advisors rules or policies.


9. You understand that the Company may also temporarily hold any portion of the funds in your Veterans Care Advisors account if we determine such action is needed to secure the payment and performance of all liabilities, obligations, and indebtedness You may incur with the Company.
   
   
10. You agree that if any provision of this Agreement is declared or determined by any court to be illegal or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination and the illegal or invalid part, term or provision shall not be deemed to be part of this Agreement.
    
    
11. You understand that the Company reserves the right to modify this Agreement at any time.