Affiliate Applicant Program Terms & Conditions


IMPORTANT - READ CAREFULLY: This LibertyLegalForms.com, Inc. Click-Through Affiliate Applicant Agreement (this "Agreement") is a legal contract between AdvisorNow.com, Inc. a Delaware corporation ("LibertyLegalForms"), and you (either an individual or a single business entity, hereinafter referred to as "Affiliate"). The parties to this agreement may hereinafter be referred to singly as a "Party" or collectively as the "Parties." For purposes of this Agreement, "you" and "your" refer to the affiliate applicant and "we" and "our" refer to LibertyLegalForms.


BY CLICKING THE "Yes, I accept the terms of this Agreement" ICON BELOW, YOU REPRESENT THAT THIS AGREEMENT HAS BEEN VALIDLY EXECUTED AND DELIVERED AND CONSTITUTES A VALID BINDING OBLIGATION AGAINST YOU. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND AGREE TO BE BOUND BY ALL ITS TERMS AND CONDITIONS. IF YOU ARE EXECUTING TO THIS AGREEMENT OF USE ON BEHALF OF A BUSINESS ENTITY, YOU REPRESENT THAT YOU ARE AUTHORIZED TO BIND SUCH ENTITY TO THIS AGREEMENT. THE TERMS OF THIS AGREEMENT BIND YOU DURING THE APPLICATION PROCESS AND ONCE YOUR APPLICATION IS ACCEPTED BY LIBERTYLEGALFORMS. IF YOU DO NOT AGREE TO ANY OF THE TERMS OF USE, CLICK ON THE "REJECT" BUTTON AND EXIT NOW.


1. Enrollment. To start the enrollment process, you must submit a completed online application. We then review the application and determine, in our sole and absolute discretion, whether to accept or reject you as an Affiliate. Websites may be rejected for any reason whatsoever, including but not limited to obscene, inappropriate or otherwise objectionable material. We will notify you regarding your application in a timely manner (typically 1-2 business days). Applications not completely filled out will not be accepted. If you or your company do not have a website or if you intend to refer customers to LibertyLegalForms while your website is being constructed, please specify that in your application, as different instructions will be issued to you pending approval of your application.


2. Links. Upon acceptance as an Affiliate, you will be issued a Welcome Letter containing pertinent information regarding your account. In this letter you will find a Unique URL for your website, from which users may access the LibertyLegalForms Services (your "Affiliate Link"), certain LibertyLegalForms logos, graphics, banners and/or content that may be placed on your website (the "LibertyLegalForms Marks"). Your Welcome Letter will provide instructions on how to utilize your Affiliate Link and access the Affiliate Center to obtain the LibertyLegalForms Marks for your website.


3. Independent Business. Nothing in this Agreement will create any employment relationship between you and LibertyLegalForms. Neither Party will have the authority to enter into contracts, assume or create any liability or make agreements of any nature whatsoever for, in the name of, or on behalf of, the other party. Any person that follows the Affiliate Link from your website to our website will be deemed to be a customer of LibertyLegalForms. Accordingly, we will be responsible for all aspects of order processing and fulfillment of our services. All our rules, prices, policies and operating procedures will apply to sales made under this Agreement. We expressly reserve the right to add, delete or modify our services and prices at any time in our sole and absolute discretion. We also expressly reserve the right to reject any order, in our sole and absolute discretion.


4. Commission. As a participant in LibertyLegalForms's Affiliate Program, you will be entitled to receive a commission on the Net Revenue (as defined below) on any Paid Orders (as defined below) you refer to LibertyLegalForms through the Affiliate Link. For purposes of this Agreement, "Net Revenue" means the total revenue received on an order less government filing fees, third party fees paid by LibertyLegalForms and any discounts. For purposes of this Agreement, "Paid Orders" means any order on which payment has been received by LibertyLegalForms and processed, less the cost of returns and charge backs LibertyLegalForms incurs on any of your referred Paid Orders. You will be entitled to receive a twenty-five percent (25%) commission of Net Revenue generated by Paid Orders from customers who follow Affiliate Link from your website to the LibertyLegalForms website. Commissions will be paid to you on a monthly basis, with commission checks being mailed in the second week of the calendar month following the calendar month in which the Paid Orders were received. Any returns or charge backs will be similarly deducted from your revenue share.


5. Term and Termination. You will only earn commission fees on sales occurring during the term of this Agreement. The term of this Agreement shall commence on the date we accept your application into the Affiliate Program and will end when terminated by either party as set forth herein. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days written notice of termination. Notwithstanding the foregoing, either Party will have the right to terminate this Agreement immediately if (a) the other Party becomes the subject of a voluntary petition in bankruptcy or any voluntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors; or (b) the other Party becomes the subject of an involuntary petition in bankruptcy or any involuntary proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors, if such petition or proceeding is not dismissed within sixty days of filing. Either Party may terminate this Agreement effective immediately upon notice to the other Party in the event of the conviction of, or commission by, the other party or any principal, officer, controlling shareholder, member, manager, of any crime which may adversely affect the goodwill or reputation of either Party. Additionally, we may terminate this Agreement effective immediately if you improperly use LibertyLegalForms's name, logo, or graphics (other than the proper use if the LibertyLegalForms Marks provided pursuant to this Agreement) or include a link to the LibertyLegalForms website in any form of unsolicited communication such as spam.


6. Effects of Termination: Upon expiration or termination of this Agreement, all licenses granted hereunder shall terminate unless such licenses are expressly stated as surviving. The Parties shall promptly remove all marks of the other Party from any website such Party controls. Sections dealing with the ownership of intellectual property, Commission, Confidentiality, Warranty, Indemnification, and all General Clauses, and any obligation to pay any owed but unpaid amounts, shall survive any expiration or termination


7. Your Rights as an Affiliate. We grant you the limited, non-exclusive, non-transferable, non-sublicensable right to maintain the Affiliate Link on your approved website to the LibertyLegalForms website, solely in accordance with the terms of this Agreement, from which your website visitors can order LibertyLegalForms services. Additionally, we grant you a non-exclusive, non-transferable license to use the LibertyLegalForms Marks and/or other identifying materials for the sole purpose of selling our services on your website. We reserve all our proprietary rights to these materials and may revoke your license at any time upon written notice.


8. Your Obligations as an Affiliate. In performing under this Agreement, you shall:

  1. 1. comply with all applicable laws and regulations;
  2. 2. not use the trademarks, trade names, service marks, or logos of LibertyLegalForms except the LibertyLegalForms Marks as expressly authorized by LibertyLegalForms;
  3. 3. not create, publish, distribute, or permit any written material that makes reference to LibertyLegalForms without first obtaining our written consent. If you want to place other links to LibertyLegalForms on your site, other than your Affiliate Link, please see our permission policy in the Affiliate Center. If you use any LibertyLegalForms content without permission, we will terminate your Affiliate status;
  4. 4. not create, publish, distribute or permit any advertising in reference to LibertyLegalForms; and
  5. 5. not use LibertyLegalForms's name, the LibertyLegalForms logo, any LibertyLegalForms graphics or include a link to the LibertyLegalForms website in any form of unsolicited communication, such as but not limited to, unsolicited email (spam).
  6. 6. Adhere to the following "Keyword Buys & Commissions Policy": 1. For purposes of this section, "Keyword Buy" means any advertisement that appears when certain words are purchased, which matches a given keyword search query, and "Search Engine" is defined as software that acts as a service by searching an index or database and which returns relevant matches based on information typed into a query. 2. LibertyLegalForms owns the registered trademark LibertyLegalForms.com. Affiliates are prohibited from bidding on "LibertyLegalForms," "LibertyLegalForms.com," www.LibertyLegalForms.com, on any and all Search Engines; as such use constitutes a trademark infringement of LibertyLegalForms's trademarks. 3. Affiliates are also prohibited from Keyword Buys that are confusingly similar to or a derivation of, LibertyLegalForms's name or other trademarks. 4. You may not use links that automatically redirect the user to the LibertyLegalForms website in your search ads. 5. You may not use "LibertyLegalForms" or any variation of LibertyLegalForms in your search ad creative. 6. Within the limitations set forth herein, Affiliates are permitted to participate in Keyword Buys through Search Engines to promote the goods and/or services offered via the Affiliate's website. However, Affiliates are not permitted to purchase, and will not earn a commission from, Keyword Buys purchased from Search Engines utilizing Keywords that are identical, misspellings or confusingly similar to a trademark owned by LibertyLegalForms.
  7. 7. Failure to follow any of these obligations may result in the immediate suspension or termination of your status as an Affiliate.


9. Our Rights. Under this Agreement you grant LibertyLegalForms a non-exclusive license to utilize your logos, trade names or trademarks for the sole purpose of advertising, marketing and promoting our Affiliate Program. Any advertising, marketing or promoting done under this paragraph shall be in our sole and absolute discretion.


10. Our Obligations. In providing services to LibertyLegalForms customers referred to us by you through our Affiliate Program, we shall comply with reasonable industry standards. We will NOT be responsible for the operation or contents of your website, or any third party website not controlled by LibertyLegalForms.


11. Confidentiality. Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists and pricing and sales information, shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by the other party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto. No party shall disclose, or use for its own benefit or the benefit of any such Party's affiliate, any trade secret or confidential, proprietary or other non-public information obtained from the other party during the course of this Agreement. The Parties shall protect the confidential information of the other Party as if it were its own, but in no instance less than a reasonable standard of care. This Agreement incorporates standard exceptions to the definition of confidential information. This provision shall survive for five (5) years after the termination of this Agreement


12. Disclaimer of Warranties and Limitation of Damages and Liability. LibertyLegalForms agrees to abide by any and all warranties as they exist on its website, as the same may be amended from time to time in the sole and absolute discretion of LibertyLegalForms. OTHER THAN AS SET FORTH HEREIN, WE MAKE NO AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES PROVIDED TO CUSTOMERS REFERRED TO US BY YOU THROUGH OUR AFFILIATE PROGRAM AND/OR ANY SERVICES PROVIDED BY US UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Additionally, we make no representations that the operation of our website or services will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. In no event shall LibertyLegalForms or any of our agents, employees, officers or directors be liable for consequential, incidental or special damages, including lost profits, even if we have knowledge of the potential loss or damage.


13. Acknowledgment of No Legal Services. You hereby acknowledge that LibertyLegalForms.com, Inc. is a legal document assistant, as defined under Massachusetts law. LibertyLegalForms.com offers no legal advice, recommendations, mediation or counseling under any circumstance. LibertyLegalForms.com is not a law firm, and the employees of LibertyLegalForms are not acting as an attorney for you or any customer that you refer to LibertyLegalForms through the Affiliate Link. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of LibertyLegalForms's services. Any information provided by LibertyLegalForms is for general information and educational purposes only and should not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation or that of any of your customers.


14. Indemnification. You agree to indemnify and hold harmless LibertyLegalForms and its directors, officers, employees, agents and shareholders against any loss, liability, damage or expense that we may sustain by reason of any action or inaction by you in connection with your solicitation of orders for our services under this Agreement or the operation or contents of your website.


15. Modification. We reserve the right to modify the terms of this Agreement, in our sole and absolute discretion without notice to you. At a minimum, we will make a reasonable attempt to communicate any modification to you by posting updates to the Affiliate Terms and Conditions document maintained on our website. Your continued participation as an Affiliate after such modification will constitute your acceptance to the modified terms and conditions.


16. Miscellaneous. 1. Force Majeure: Except as otherwise provided, if performance hereunder (other than payment of revenue) is interfered with by any condition beyond a Party's reasonable control, the affected Party shall be excused from such performance to the extent of such condition. However, if a force majeure detrimentally affects a Party's performance of a material covenant hereunder for fourteen (14) days or more, the other Party can terminate this Agreement. Each Party acknowledges that website operations may be affected by numerous factors outside of a party's control 2. Election of Remedy and Waiver. The exercise of one right or remedy hereunder will not constitute an election or preclude either Party from exercising or pursuing all other rights or remedies available to them under the law or as provided herein. The failure of either Party at any time to require performance by the other Party of any provision hereof will in no way affect the right to require such performance at any time thereafter, nor will the waiver by either Party of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision, or constitute a waiver of the provision itself. 3. Assignment and Amendment. Neither this Agreement nor any rights hereunder or interest herein may be assigned by either Party without the written consent of the other, which consent will not be unreasonably withheld. This Agreement constitutes the entire agreement between the Parties and may not be substituted, varied or abridged in any manner, except as provided herein, unless by written amendment executed by an authorized agent or officer of either Party. 4. Severability: Whenever possible, each provision of this Agreement will be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect any other provision or any other jurisdiction, but this Agreement will be reformed, construed and enforced in such jurisdiction as if such invalid, illegal or unenforceable provisions had never been contained herein 5. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Delaware, United States of America. The Parties hereby irrevocably submit to the jurisdiction of any state or federal court located in Delaware. The parties agree that jurisdiction and venue for any matter arising out of or pertaining to this Agreement shall be proper only in the state and federal courts located in Delaware County and the Southern District of the State of Delaware, United States of America 6. Notice. All notices under this Agreement shall be in writing and shall be deemed sufficient if delivered personally or if sent by registered or certified mail, postage prepaid, addressed to the receiving party. For Notice to LibertyLegalForms, at 100 Quannapowitt Parkway, Suite 215 , Wakefield, MA 01880, and if for Affiliate to the address provided in your Affiliate Application. Any such notice shall be deemed to have been received on the next business day after transmission by overnight or air courier, and on the third business day after transmission by certified or registered U.S. mail, return receipt requested. Either Party may change its addresses from time to time upon proper notice from the Party changing such address to the other. 7. Alternative E-mail Notice. As an alternative to subsection (f) above, notices required by this Agreement to be in writing shall be deemed to have been properly given upon e-mail to (i) in the case of LibertyLegalForms, to the address affiliates@LibertyLegalForms.com and (ii) in the case of Affiliate, to the e-mail address provided by Affiliate to LibertyLegalForms in the Affiliate Application. Either Party may change its e-mail addresses from time to time upon proper notice from the Party changing such address to the other. 8. No Representations: Neither Party has relied upon any representations or statements made by the other Party hereto which are not specifically set forth in this Agreement. 9. Electronic Signatures. This Agreement is a "click-through" agreement, and as such shall be deemed executed in by Affiliate upon clicking the "Yes, I accept the terms of this agreement" icon, and by Affiliate and LibertyLegalForms upon the physical or electronic delivery of the Affiliate Letter from Affiliate. For purposes of this Agreement, use of such electronic medium for signatures shall have the same force and effect as an original signature.