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Software
Solutions Etc
Affiliate Operating Agreement
This agreement describes the entire
terms and conditions for participation in Software
Solutions Etc Affiliate Program.
Definitions: “Affiliates” include
all parties that refer visitors to Software Solutions
Etc websites in order to purchase
products/services - or - assist in design and development
of software applications (via our Software Solutions
Partner Program). In this agreement, the term
"Participant" and “Affiliate” refers to all accepted
affiliate program applicants. “Sponsoring promotion"
refers to the promotion from which you will link to
Software Solutions Etc.
Wherever the agreement refers to "you" or "your", it
means "Participant"; "we" or "our" refer to
Software Solutions Etc.
The terms "product" or "products" or
"service" or "services" refer to all products
and services that have the ability to be sold through
Software Solutions Etc
affiliate links. Whenever the agreement refers to
an Affiliate “selling” or having the ability to “sell”
or “resell” refers to the process of an Affiliate
referring people to the Software Solutions Etc
website(s) for the purpose of purchasing products/services.
Commissionable Products/Services: Software Solutions Etc offers several information and
software products/services that can be sold by an
affiliate in order to earn commissions. Not all
Software Solutions Etc products/services qualify to be resold in
the Affiliate Program. Software Solutions Etc
will upload all affiliate resalable products/services into the
online Affiliate Resource Center. Products/services that
are sent through the monthly Affiliate update email also
qualify to be resold. Some products/services are able to be
sold for only a limited time and once that time expires
Software Solutions Etc will remove all tracking and
will be unable to pay commissions.
You can add or remove links at any
time: You may add or remove as many links to
Software Solutions Etc at anytime and without prior
approval from Software Solutions Etc.
Commission Amount:
Every product/service that is qualified to be sold in Software Solutions Etc
Affiliate program has a set commission assigned to it. Software Solutions Etc
can change the commission payable at any time.
Software Solutions Etc
will do its best to inform affiliates of any change to
the program commission structure. Only qualifying
products/services that are sold by Software Solutions
Etc,
shipped/sent (or activated if online only service) to a customer and for which Software
Solutions Etc
has received full payment will qualify for a commission.
The total of such sales in any given
month will generate commissions for the Affiliate, based
upon the applicable flat rate commission for each
product/service.
Commission Payment: Software
Solutions Etc will send a PayPal payments or a commission check, for the
previous calendar month’s commissions earned,
approximately 10 days after the 1st of each calendar
month. Software Solutions Etc will do its best to
ensure commissions payments or checks are sent out in this time
frame.
A statement of customer purchase
activity is located in the online Affiliate Resource
Center.
Returns and Cancellations: If a
commission qualifying product/services is later returned by the
customer, its commission will be deducted from the next
monthly payment sent to the Participant. If there is no
next monthly payment, then this amount will be deducted
from overall payments. Participant will NOT be billed if
a deficit on your account occurs. Excessive chargebacks
will automatically terminate your account.
Order Processing: Software
Solutions Etc will be solely responsible for processing
every order placed by a customer following an Affiliate
link from your sponsoring promotion. Customers can order
through Software Solutions Etc secure online ordering
process, Software Solutions Etc phone numbers,
or Software Solutions Etc mailing address. Order
forms, payment processing, shipping, cancellations,
returns, and related customer service are the
responsibility of Software Solutions Etc.
All of the rules, operating procedures
and policies of Software Solutions Etc. regarding
customer orders and accounts will apply to orders we
receive through tracking links on your sponsoring
website. Software Solutions Etc. reserves the
right to reject any order that does not comply with our
rules, operating procedures and policies.
Tracking of Sales: Software Solutions Etc will be solely responsible for
tracking sales generated via supplied affiliate tracking
links from the sponsoring promotion. The Participant
will be solely responsible for ensuring that the
affiliate tracking links are working properly, a
necessary prerequisite to tracking such sales.
Statements of product/service sales activity will be provided to
the Participant through the Affiliate Resource Center.
Promotional Techniques: You are
free to promote the Software Solutions Etc. in all
the ways we endorse. Examples of acceptable ways to
promote our services are: through banners and text links
on your website to letters of recommendation to your
newsletters subscribers or your customers. However, if
you resell our products/services through unsolicited email (in
any way, shape or form, including newsgroup spamming),
or on any WAREZ, CRACK, or SPAM oriented website; your
account will be immediately terminated. Any referral
fees not paid up to the point of termination will not be
paid to you and will be property of Software Solutions Etc.
As well, if you choose to promote the
Software Solutions Etc. Sub Affiliate Program, it can
only be promoted as a two-tier business opportunity.
This program is not a MLM (multi-level marketing)
opportunity and as an affiliate, you cannot promote it
as MLM. If you promote the Software Solutions Etc.
Affiliate Program as MLM your account will be
immediately terminated. Any referral fees not paid up to
the point of termination will not be paid to you and
will be property of Software Solutions Etc.
Affiliate Representation: You are
not permitted to represent yourself as an employee of
Software Solutions Etc.. You are not permitted to
use images, copy or any other promotional material that
is unauthorized by Software Solutions Etc. You are
not permitted to represent yourself as Software
Solutions Etc. and/or Steve Gibbs
in any marketing materials. Software Solutions Etc.
has the right to request removal of any marketing
materials or web sites that are used to promote Software
Solutions Etc. products/services that Software Solutions
Etc. deems unacceptable. If you do not comply,
Software Solutions Etc. has the right to terminate your
affiliate account and could seek legal counsel.
Any referral fees not paid up to the point of
termination will not be paid to you and will be property
of Software Solutions Etc.
References/Testimonials: You
agree to cooperate with Software Solutions Etc.
in the development of joint press releases and
testimonials. You further agree that you will allow us
to use your company name in marketing collaterals and
make reference to you on our website.
Affiliates Signing-Up under
Themselves: We will not tolerate Affiliates signing
themselves up as a sub-Affiliate of their own assigned
Affiliate account in order to generate the additional
commissions for their own sales. If you do this, the
account(s) in question will be immediately terminated
and any referral fees unpaid since our last referral
payout will remain sole property of the Software Solutions Etc.
Earning Commission On Your Own
Purchase: Software Solutions Etc. will not
pay a commission on a purchase of a product/service or service
that you make through your own affiliate account. This
action is no longer permitted. If you are earning
commissions on the sales of our products/services to third
parties and want to get a copy of a product/service please
contact the affiliate support team.
Copyrighted material: As the
Participant, you are solely responsible for ensuring
that your reviews, product/service descriptions and articles (if
applicable at your site) obey all applicable copyright
and other laws. You must have express permission to use
another party's copyrighted material. Software Solutions Etc. will not be responsible if you use
another party's copyrighted material in violation of the
law.
Software Solutions Etc. policy
applies to all orders: Every customer who buys a
product/service through our Affiliate program is deemed to be a
customer of Software Solutions Etc. The
Participant does not have the authority to make or
accept any offer on behalf of Software Solutions Etc. All Software Solutions Etc. policies
regarding customer orders, including product/service
availability, pricing and problem resolution, will apply
to these customers. Software Solutions Etc. is
not responsible for any representations made by the
Participant which contradict our policies.
Prices and availability:
The price charged for every product/serivce sold under this
program will be determined by Software Solutions Etc. according to our own pricing policies. In case
of any price discrepancies, the price charged to the
customer will always be the price listed on Software Solutions Etc. webpage linked from your sponsoring
website.
Product/service availability can change, and
Software Solutions Etc. will present the best
information available to all participants and it’s
referred customers regarding product/service availability.
Website service interruption:
Software Solutions Etc. will make every effort to
keep its website operational. However, certain technical
difficulties may, from time to time, result in temporary
service interruptions. The Participant agrees not to
hold Software Solutions Etc. liable for any of
the consequences of such interruptions.
Trademarks, Trade Names, & Patents:
You hereby recognize our right of ownership of all
Trademarks, Trade Names, and Patents associated with
these products/services. You will act consistently with these
rights and act to preserve them in the course of
marketing and sales of these services. We grant you the
right to our Trademarks and Trade Names in connection
with marketing and sales of these services.
Tax Information: Software Solutions Etc. requires you to submit your tax
information in order for Software Solutions Etc.
to comply with Tax regulators in your country and in
turn pay you commissions on sales. You are
required to submit your tax information upon signing up
or if this option was not presented to you upon sign up
you must log in to your affiliate account and add your
tax information into the respective field immediately.
Software Solutions Etc. has the right to withhold
commission payment if you fail to submit your tax
information.
Term of the Agreement: The
Participant may receive commission payments on
qualifying orders that are placed during the term of
this agreement. This term will begin on the date that
your application is approved by Software Solutions Etc, and shall end when canceled by either party as
provided below.
Referral Fees earned through the date of
expiration or cancellation of this agreement will remain
payable only if the products/services are not returned or
canceled from their orders. Payment of the final
commission payment to the Participant may be withheld
for a reasonable time in order to ensure that the
correct amount is paid.
The agreement may be modified:
Software Solutions Etc. reserves the right to
change any of the terms and conditions in this
agreement, at any time and in its sole discretion, by
posting a new agreement on our website.
Cancellation of this agreement:
Either Software Solutions Etc. or the
Participant, acting in their sole discretion, may choose
to cancel this agreement at any time by written notice
of cancellation to the other. The Participant’s
Affiliate account will be disabled and all current and
future commissions will not be paid.
Warranty Disclaimer: Software Solutions Etc makes no warranties, representations
or conditions with regard to the program or, except as
expressly set forth in Software Solutions Etc's
then current product/service sales policies, any products/services sold
hereunder, whether express or implied, arising by law
or otherwise, including without limitation any implied
warranty of merchantability or fitness for a particular
purpose or non-infringement or any implied warranty
arising out of course of performance, course of dealing
or usage of trade.
Limitation of Damages:
Software Solutions Etc. shall have no liability for
any indirect, incidental, special or consequential
damages or any loss of revenue or profits arising under
or with respect to this agreement or the program, even
if Software Solutions Etc. has been advised of
the possibility of such damages. Further, Software Solutions Etc's aggregate liability arising under or
with respect to this agreement or the program shall in
no event exceed the total referral fees paid or payable
by Software Solutions Etc. to Participant under
this agreement.
Miscellaneous: Participants of
Software Solutions Etc. 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. Participant shall not
assign this Agreement, by operation of law or otherwise,
without the prior written consent of Software Solutions Etc. Subject to the foregoing restriction,
this agreement is binding upon, insures to the benefit
of and is enforceable by the parties and their
respective successors and assigns.
Governing Law: This agreement
shall be governed by the laws of State of Florida, USA.
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