Overview
This Agreement contains the complete terms and conditions that apply to your participation in the Presentation Expert Affiliate Program. As used in this Agreement, "we" or "us" refers to Presentation Expert LLC. and "you" refers to the affiliate. The term "application" refers to the the online agreement located at presentationexpert.com
By signing up for a Affiliate Account, you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of your account, and possible forfeit of referral commissions. You must be 18 years of age or older to enter into this Agreement with us.
1. Enrollment in the Program
To begin the enrollment process, you must agree to the terms of this agreement. By clicking on the button labeled "Yes, I agree.", you are confirming that you agree to the terms and conditions of this agreement. After completing the registration process you will be issued an affiliate ID number. Your unique number allows us to track all referral commissions related to your account.
We reserve the right to terminate this agreement at any time upon written notification to you.
2. Acceptable Promotional Methods
As an affiliate, you earn commissions by generating monthly subscriptions of Presentation Expert. You generate these sales by encouraging web users to visit our site to become registered subscribers. You may advertise Presentation Expert via:
1. Text Links or endorsements on your site(s)
2. Graphical Banners and Buttons on your site(s)
3. Text Links or endorsements in solicited Email messages
4. Word of mouth, encouraging your customers to provide your affiliate ID during purchase of our software.
You agree to not utilize "Email Spam" Practices in promoting Presentation Expert. This action may result in the immediate suspension or termination of your account and a cancellation of any pending referral commissions. You will also be in violation of this agreement and subject to legal action and be held liable for any financial loss incurred by Presentation Expert.
3. Order Processing
We will be responsible for all aspects of order processing and fulfillment. Among other things, we will manage initial orders, process monthly payments, process cancellations, and handle customer service. We will track the sales you solicit and are made as individuals register as paying subscribers of the application. We will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. We reserve the right to reject subscribers that do not comply with any requirements that we may establish periodically.
4. Referral Commissions
The compensation structure as an affiliate of Presentation Expert is a "two-level payout". In other words, you can earn referral commissions for users that you refer directly and also for additional individuals referred by those users. For a subscription purchase to be eligible to earn a referral commission, an individual must enter your affiliate ID during the process of registering for Presentation Expert. You can also earn referral commissions when subscribers use the Affiliate ID of a user you referred directly.
5. Referral Commission Schedule
You will earn referral fees based on Qualified Orders according to referral fee schedules established by us and shown below:
6. Non-Qualified Orders
Orders refunded at the request of the purchaser, or orders charged-back due to credit card fraud do not qualify for commission.
7. Referral Commission Payment
As an affiliate, you are paid a commission based on values set in Referral Commission Schedule. Commissions for qualified orders will be paid within 30 days. Any electronic transfer expenses are deducted from your referral commissions. Commissions will be made in US Dollars. If a sale is canceled or refunded, the related commission will be deducted from your next payment.
We reserves the right to change commission rates without notice. However, you will be paid based on the rate in effect on the day a referral commission is earned.
8. Accurate Tracking
We will make every reasonable effort to track and pay commissions for all sales that apply to you. However, Presentation Expert is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. You understand that affiliate tracking can never be 100% accurate and we are not responsible for inaccuracies that might occur beyond our control.
9. Disparagement
You agree not to disparage Presentation Expert, other Presentation Expert Affiliates, Presentation Expert employees, or Presentation Expert Independent Contractors. You understand that disparagement may result in the immediate suspension or termination of your account and a cancellation of any pending referral commissions.
10. One Affiliate Business per Affiliate
An Affiliate may operate or have ownership interest, legal or equitable, as a sole proprietorship, partner, shareholder, trustee, or beneficiary, in only one Affiliate Business. No individual may have, operate or receive compensation from more than one business. Individuals of the same family unit may not enter into or have an interest in more than one business. A "family unit" is defined as spouses and dependent children living at or doing business at the same address. In order to maintain the integrity of the Affiliate Compensation Plan, husbands and wives or common-law couples who wish to become affiliates must be jointly sponsored as one affiliate business in the compensation model. You understand that having ownership interest in more than one affiliate business may result in the immediate suspension or termination of your account and a cancellation of any pending referral commissions.
11. Non-Compete
You recognize and acknowledge the copyright, trademark and patent rights of Presentation Expert. You also agree not to engage in any activity that would compete directly or indirectly with Presentation Expert. You agree to immediate injunctive relief by Presentation Expert should any of the provisions above be in violation.
12. Term of the Agreement
The term of this Agreement will begin upon our acceptance of this agreement 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. Upon the termination of this agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as to an affiliate. You are eligible to earn referral fees only for Qualified Orders that occur during the term, and referral fees earned through the date of termination. We may withhold your final commission payment for a reasonable time to ensure that the correct amount is paid.
13. Modification
We may modify any of the terms and conditions contained in this agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but not limited to, changes in the scope of available referral fees, referral 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.
14. Relationship of Parties
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.
15. Limitation of Liability
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 this Agreement.
16. Independent Investigation
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.
17. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.?
