03. Affiliate Sales Commissions

3.01

If, as a result of a direct advertising effort of the Affiliate, a referred customer of the Affiliate orders and pays for the Product sold by The Hockey Profit Center™ in the future, The Hockey Profit Center™ shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation Schedule which follows this Agreement and which forms an integral part of it. The commission is based upon the paid selling price of the purchased Product before tax and excluding returns (”Sales Commission”).

3.02

An Affiliate can earn sales commissions on both a First-Purchase and on Subsequent-Purchases by their referred customers, the whole as described in the Affiliate Compensation Schedule. An Affiliate shall not, directly or indirectly, convert or attempt to convert a Subsequent-Purchase Sales Commission into a First-Purchase Sales Commission. An Affiliate shall not receive a Sales Commission for a Product purchase made, directly or indirectly (ex., via an intermediary for the purpose of collecting a commission), by him/herself. In the event that more than one Affiliate claims the same commission for a sale, The Hockey Profit Center™ shall select the Affiliate
which shall receive the compensation.

3.03

The Affiliate shall be responsible for all taxes and other similar levies applicable to the Sales Commission pursuant to any law or regulation. The Affiliate shall report the Sales Commission to its taxation authorities as required by law.

3.04

The Hockey Profit Center™ shall post and maintain, on a current basis, a designated password-protected Web page for each Affiliate showing the Affiliate’s participation in the Program including number of potential customers referred by it and an estimate of the Sales Commission owing to it. The Hockey Profit Center™ shall, on or about the first week of each month, mail or otherwise transmit the Sales Commission representing the amount payable for the sales completed in the previous month. (The Hockey Profit Center™ reserves the right to delay sending payment for one month, in exceptional cases up to two months, to prevent suspected cases of affiliate fraud.)
Sales statistics of the referred transactions, supporting the amount paid, shall be made available on the Affiliate’s password-protected Web page. Affiliates will receive the Sales Commission in US funds. Sales Commission overpayments (due to product returns, accounting error or affiliate fraud) may be deducted from future payments or shall be reimbursed by the Affiliate.

3.05

Upon written request and at the Affiliate’s expense, the Affiliate may cause The Hockey Profit Centerʼs™ books and records to be examined by an independent firm of chartered accountants to ensure compliance with this Agreement. In the event that the examination reveals an underpayment error of more than 5%, the underpayment and the reasonable cost of the examination to a maximum of 2,500 US dollars shall be paid by The Hockey Profit Center™. If the examination does not reveal an underpayment as aforesaid, the Affiliate shall compensate The Hockey Profit Center™ for its reasonable cost to a maximum of 2,500 US dollars. The firm of chartered accountants utilized shall limit the scope of their examination to the relevant information regarding the Sales Commission and shall keep private and confidential all information obtained in the course of the said examination.