FMG NETWORK AFFILIATE APPLICATION

ACCOUNT INFORMATION
*First Name:		*Last Name:
Company:
*Address 1:
Address 2:
*City:
*State/Province/Region:		*Zip/Postal Code:
*Country:
*Date of birth:
*Phone:
*Email:
*Confirm Email:
*Password:
*Confirm Password:
PAYMENT INFORMATION
*SSN or Tax ID (For US Affiliate Only):
*Checks Payable To:
Pay me via PayPal instead of check.
SITE INFORMATION
*Web Site name:
*Web site URL:
*Describe your web site or marketing strategy:
*How do you plan to market our products?:
Pay per click
Pay per acquisition
Web site
Search engine optimization
Ad network / Banner network
Adware / Browser Plug-in
Blog
Other
AFFILIATE PROGRAM AGREEMENT
By signing up as an affiliate with 
FMGNetwork’s "Radio/TV and University Programs of Dunn Direct LLC,  
you agree to the following Terms of Service. 

Before we get into the legal wording of this agreement, review the basic rules:

The Be A Show Host Program

         Affiliate Agreement - Terms and Conditions

1.	        Signing Up to be an Affiliate

    After we receive, and approve, your application, you will be assigned an account number and password. You can also check your commission status and web site traffic stats online at any time after approval (please give 24-48 hours to review during the business week, and we strive to make that quicker).
  
     2.       Affiliate Web Site Approval Criteria

      This is a subjective process, but below find some of the criteria we 
        use in rejecting applications:
     
•	         Promoting Violence 
•	         Sexually explicit or adult oriented 
•	         Illegal, or borderline-illegal activities 
•	         Copyright violations 
•	         Or web sites that we just don't want to be Affiliated with! 
      

   You also agree to comply by the CAN Spam Act Rules for email including:
        
•	          Putting and Opt out/Unsubscribe on every email message
•	          Including your physical address on every email message
•	         Not participating in any spam related activities, including but not limited to buying unsolicited email addresses, harvesting addresses without the user's permission, and any other act that does not include the email user's expressed permission.
•	          Copyright violations 
•	          All other requirements of the CAN Spam Act.
o	Plus you are aware and will include, new affiliate disclosure requirements coming from the FTC in the U.S. Please reveal your relationship on your web site, blog, and wherever you conduct business with affiliate links, including your disclaimer(s).
         
   We expect to approve most applications, so please don't worry about 
        this approval process unless you fall into these categories.
      
      The Term of this Agreement

     The term of this agreement begins at the time you're accepted as an 
        Affiliate, and ends six months later. 

      This agreement may be extended through mutual agreement. 

       Either party may terminate this agreement, for any reason and in 
        their sole discretion, upon written notice of termination delivere via  mail or e-mail.

        Upon termination of this agreement, the former Affiliate must remove  all Affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.

        We cannot be held liable, for any reason, due to failures or outages 
        of our web site, or of the Internet in general.
    
         Money
       The following terms and conditions were added to allow us to better 
        maintain a quality Affiliates Program:
     
         Our Referral Payment to you is a percentage of the gross amount 
          (minus $12 for shipping & handling costs) that the person you referred spent online at our web site -- after following a link to our web site, from your web site. 
          
         You understand and agree that you are acting as an independent 
          contractor and as such will be responsible for your own taxes and any other tax liabilities that affect the sales of our product in your state. 

As such, you are aware of changing state laws regarding affiliates; we will adapt to various changes in the future determined by various states and currently in place in several states. We reserve the right to terminate an affiliate agreement immediately, and will notify you as quickly as possible. 

         We are not responsible for any errors that may be present in the 
          'Affiliates' feature of the software. 
        
         We don't write checks for less than $50.00. If this agreement 
          terminates with less than $50.00 accrued in Referral Payments, then no  monies are due the former Affiliate. 

         We will not make a referral payment for any transaction for which 
          payment has not been fully received, or for any transaction that has  been rejected for any reason. 

         All commissions earned by an Affiliate will be paid monthly Net 30, 
          within 4 weeks following the end of each month. 

          We are never responsible for paying any interest to the Affiliate 
          for accrued but not yet delivered Referral Payments. 

          If the transaction incurs a chargeback, or if the online 
          transaction is not completed in every way, no Referral Payment is due to the Affiliate. If one has already been paid, then it will be 
          deducted from an active Affiliates accrued Referral Payments; 
          otherwise it will become due immediately from the Affiliate (or former  Affiliate). 

       Modification of this Affiliates Agreement
      
        This agreement may be modified at any time by us, in our sole 
        discretion, by modifying our web site. Continued participation in the 
        Affiliates program constitutes an agreement with its then-current rules and information, posted at our web site, http://fmguniversity.com.

    
Definition of Relationship Between Affiliate and Dunn Direct LLC

This agreement will be subject to the laws of Butte County in the State of California in the United States of America.  

This agreement is by and between Dunn Direct LLC and/or their assigns and all subscribers. Unless the context requires otherwise, Dunn Direct LLC and/or their assigns shall be referred to as 'us, we, or our' and you shall be referred to as 'you, your or subscriber.'

You understand that Dunn Direct LLC and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Dunn Direct LLC harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Dunn Direct LLC and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys' fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.

A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.

B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote Dunn Direct LLC in a manner that is unethical or inappropriate; or (c) for any reason, in our sole discretion. 

C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE Dunn Direct LLC , ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR A PARTICULAR PURPOSE.

 We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, including, by not limited to, loss of data or service interruptions, regardless of cause or fault. We are not responsible for your lost profits or for your loss of data or information. If notwithstanding this clause we are held liable to you.

D. TERMS. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property. 4) to accept commercial emails from us.

If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. If you do not take immediate remedial action which is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
 
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.

E. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time.

F. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with Section B. 

G. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information changes. 

H. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: if delivered personally to the party to whom notice is to be given; if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.

I. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. 

This agreement constitutes the entire agreement between us pertaining to its subject matter and supersedes all of our prior agreements, representations, and understandings. 

Subject to Section I, no supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. 

This agreement may be executed in one or more counterparts. Each shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within the state of California, county of Butte, before instituting litigation.
I agree to be bound by the above Terms & Conditions