1.1 This Affiliate Agreement describes the terms and conditions for participation in the oneminutepoll.com Affiliate Program. This is an agreement between you as a registered affiliate (‘Registered Affiliate) of this oneminutepoll.com web site (‘Web Site’) and DevElite Limited (‘DevElite’).

2. The Affiliate Hyperlink

2.1 To qualify as a Registered Affiliate you must complete the affiliate enrolment form. Once you have completed the affiliate enrolment form, ClickBank will generate you a URL (‘Affiliate Hyperlink’).

3. Commission

3.1 The Registered Affiliate will receive 50% of the revenue as a commission from subscription orders placed through their Affiliate Hyperlink, minus charges outlined in the ClickBank agreement http://www.clickbank.com/paychecks.html.

3.2 In order to generate a commission the customer must become a registered user as defined in Section 2 of the End User Agreement. Commissions will only be paid on sales made through the Affiliate Hyperlink.

4. Payment

4.1 ClickBank will pay the Registered Affiliate as outlined in their policy document http://www.clickbank.com/paychecks.html.

5. Subscription Cancellations

5.1 If for any reason monies are refunded to the customer whose order generated a commission for the Registered Affiliate, or if there are returned checks or charge backs, the amount will deducted by ClickBank from the Registered Affiliate’s next payment.

6. Orders

6.1 DevElite will be solely responsible for processing every order placed through the Affiliate Hyperlink.

7. Product Prices

7.1 The prices charged for each subscription level and the definition of the subscription levels will be determined by DevElite. In case of any price discrepancies, the price charged will be the price listed on the oneminutepoll.com website.

8. Sales Tracking

8.1 ClickBank will be solely responsible for tracking of sales made through the Affiliate Hyperlink. It is the responsibility of the Registered Affiliate to ensure that the Affiliate Hyperlink is formatted correctly.

9. Sales Promotion

9.1 If you use SPAM in any shape of form, including email and newsgroup spamming, your affiliate account will be immediately terminated.

10. Interruption of Service

10.1 DevElite will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary interruptions to the website service. The Registered Affiliate agrees to not hold DevElite liable for any of the consequences of such interruptions.

11. Intellectual Property

11.1 DevElite or other third parties which licence such material to DevElite, retain their ownership, title and interest in the intellectual property rights contained in the DevElite Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.

12. Relationship of Parties

12.1 The Registered Affiliate and DevElite are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. The Registered Affiliate has no authority to make or accept any offers or representations on the behalf of DevElite. The Registered Affiliate will not make any statement to contradict this statement.

13. Disclaimer

13.1 The Registered Affiliate accepts that it is reasonable that, to the maximum extent permitted by law, all representations, conditions, warranties and other terms whether implied by statute, common law, through a course of dealing or otherwise are excluded.

13.2 Nothing in this Affiliate Agreement limits DevElite’s liability to you for death or personal liability caused by DevElite’s negligence.

13.3 Subject to Clauses 13.2 and 13.4, DevElite will not be liable to you for any of the following kinds of loss or damage: special, incidental, indirect or consequential loss or damage caused by errors or omissions in the information or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause; loss of profits; or loss or damage to data.

13.4 To the extent that DevElite is deemed by a court of competent jurisdiction to have any liability to you in contract, tort (including negligence) or otherwise in relation to this Web Site or the Services, DevElite’s entire liability shall be limited to the value of the commission fees payable to the Registered Affiliate under this agreement.

14. General

14.1 DevElite reserves the right to add to or change the terms of this affiliate agreement in its sole discretion, without prior notice to you. If we change this affiliate agreement, we will post the new agreement on the Web Site, and it will become effective from the time of posting to the Web Site. Please visit this agreement on a regular basis to make sure you have read and understood the latest version. Wherever possible, we will give you notice of any changes prior to their implementation.

14.2 If any part of this Affiliate Agreement is held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of this Affiliate Agreement will not be affected.

14.3 If DevElite is unable to perform any obligation under this Affiliate Agreement because of a matter beyond its reasonable control (including but not limited to); fire, flood, war, explosion, civil disorder, or other disasters or governmental laws or regulations imposed after the fact, or events beyond the reasonable control of DevElite, DevElite will have no liability for that failure to perform.

14.4 Any person who is not a party to this Affiliate Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Affiliate Agreement but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

14.5 This Affiliate Agreement is governed by the laws of England, and is subject to the exclusive jurisdiction of the English Courts. You agree to waive any argument that the English Courts are not a convenient forum to hear or determine any dispute or other matter arising under or in connection with this Affiliate Agreement.

15. Feedback

If you have any queries or problems with regard to this Affiliate Agreement, please e-mail support@oneminutepoll.com.