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The term of this Agreement will begin upon our acceptance of your
Affiliate application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with
or without cause, by giving the other party written notice of termination.
You are only eligible to earn referral fees on sales occurring during
the term.
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a
change notice or a new agreement on this site. Modifications may
include, for example, changes in the scope of available referral
fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
To begin the enrollment process, you will submit an application via our site.
We will evaluate your application in good faith and will notify you of your
acceptance or rejection. We may reject your application if we determine
(at our sole discretion) that your site is unsuitable for the Program.
Your site should:
- Generate sufficient traffic to our websites
- Attract a customer base who may be interested in our products
- Not promote sexually inappropriate materials
- Not promote violence
- Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Not promote illegal activities
- Not violate the intellectual property rights of Presentation Pro
If we reject your application, you are welcome to reapply to the Program at any time.
You should also note that if we accept your application and your site is thereafter
determined (at our sole discretion) to be unsuitable for the Program, we may terminate
this Agreement.
For a sale which we make as a result of a direct referral by an
affiliate, that affiliate will receive a commission fee of 15% of
the selling price of the product sold. In addition, affiliates will
receive 5% of any sales that results from subsequent affiliates
that sign up for the program as a result of following a link from
their site. Reporting periods shall be measured monthly. Only affiliates
who are approved by us at the time of receipt of a customer offer(s)
will be eligible for payment under this Agreement. A commission
will only be credited to an affiliate after the customer has made
full payment to company. If a customer later requests a refund or
a chargeback is issued by the credit card holder whose credit card
was used to pay for that customer's account, any commissions that
were credited to both first tier and second tier affiliates will
be deducted from the next monthly payment. If there is no next monthly
payment, the affiliate will be billed and hereby agrees to be bound
by law to reimburse Company in full for any such commissions. Payments
will be made on a monthly (calendar year) basis to each affiliate
having an accrued balance. Affiliate payments will not be paid until
the 20th day of the month following the month that the purchase
was made. Payments can be made by check in US dollars or by Paypal
electronic disbursement. As an independent contractor, you will
be solely and entirely responsible for any and all taxes and/or
other fees or obligations associated with the receipt of your payment
under this Agreement.
We will provide you with links, including URL addresses and appropriate
graphics (the Link Materials), with which you may link your Web
site to our Web site (www.Presentation Pro.com or such other Web
site(s) as we may establish from time to time). If you are an approved
Affiliate, we grant you a non-exclusive limited license solely to
reproduce and use these Link Materials, including our trademarks
to the extent they are incorporated into these Link Materials, only
while you are an Affiliate and only in accordance with the terms
and conditions of this Agreement. You agree to display the Link
Materials appropriately on your Web site and to respect our trademarks,
service marks, and other rights in the Link Materials. You will
use reasonable efforts to update to new versions of Link Materials
as we make them available.
Presentation Pro will be solely responsible for tracking sales
using special state-of-the-art live, real-time tracking software
made by Kowabunga! Technology, that communicates with the specially
encoded URLs assigned to affiliates. Company will endeavor to do
its best to ensure that this tracking of referrals made by affiliates
is accurate, and Affiliates will themselves be solely responsible
for ensuring that these special URLs are formatted properly, a necessary
prerequisite to accurate tracking of referral. Presentation Pro
Affiliates hereby acknowledge and accept that the tracking system
employed by Presentation Pro is not 100% fail-safe and that there
may an occasional instance of referral sales made that are not credited
to an affiliate for any of the following possible reasons:
- Failure by the affiliate to
use the proper format of the specially assigned URL in promotions,
web page links, banner ads, and so on
- Deliberate or accidental
actions by customers to circumvent an affiliate's special URL so
that our software is unable to accurately track that sale
- Bugs, glitches or crashes of the tracking software that render it unable
to accurately track sales for a period of time
- Acts of nature
that cause irretrievable data loss on the computers and back-up
disk media that store the commission information.
As such, affiliates
will not hold Presentation Pro or Kowabunga liable to compensate
for any claimed commissions that were not tracked and recorded by
the tracking software.
We will not be liable for indirect, special or consequential damages,
or any loss of revenue, profits or data, arising in connection with
this Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under to this Agreement.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO
ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY
TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS
THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE
WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN
THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE
OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Responsibility for Your Site You will be solely responsible for
the development, operation, and maintenance of your site and for
all materials that appear on your site. For example, you will be
solely responsible for:
- The technical operation of your site and
all related equipment
- The accuracy and appropriateness of materials
posted on your site (including, among other things, all product-related
materials)
- Ensuring that materials posted on your site do not
violate or infringe upon the rights of any third party (including,
for example, copyrights, trademarks, privacy, or other personal
or proprietary rights)
- Ensuring that materials posted on your
site are not libelous or otherwise illegal.
We disclaim all liability
for these matters. Further, you will indemnify and hold us harmless
from all claims, damages, and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance,
and contents of your site.
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in
this Section.
Upon acceptance into our program, you will receive a URL & password
to access your own private administration area where you can monitor
your statistics on a 24/7 basis.
This Agreement will be governed by the laws of the United States
and the State of Georgia, without reference to rules governing choice
of laws. Any action relating to this Agreement must be brought in
the federal or state courts located in Atlanta, Georgia, and you
irrevocably consent to the jurisdiction of such courts. You may
not assign this Agreement, by operation of law or otherwise, without
our prior written consent. Subject to that restriction, this Agreement
will be binding on, inure to the benefit of and be enforceable against
the parties and their respective successors and assigns. Our failure
to enforce your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently enforce
such provision or any other provision of this Agreement.
I accept these
terms and wish to register
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