Affiliate Agreement
This Affiliate Agreement ("Agreement") contains all of the
terms and conditions between Interapple Inc. ("Interapple," "we," "us" and "our"),
and the individual or organization (the "Affiliate" or "you") participating
in the 5 Clicks Screen Capture Affiliate Program (the "Program") regarding Affiliate's
intention to conduct an ongoing campaign to generate new users of the Interapple
5 Clicks Screen Capture Program ("Product") through links to the Interapple's website
as specified by Interapple ("Affiliate Links").
Therefore, in consideration of the mutual covenants set forth
in this Agreement and for other good and valuable consideration,
and intending to be legally bound, the parties to this Agreement
agree as follows:
- Interapple's Responsibilities:
Interapple will provide the information necessary to allow
Affiliate to make Affiliate Links to the Site.
Interapple will be solely responsible for providing the Product
to customers. Also, Interapple will be responsible for credit
card authorizations, payment processing, cancellations,
returns, and related customer service for our Product.
Interapple will be responsible for tracking the number and
amount of sales generated by the Affiliate Links and reporting
same to you on a regular basis.
- Affiliate's Responsibilities
Affiliate shall post a Affiliate Link on its Web site(s) ("Site")
in order to generate new users of the Product. Affiliate
will host and manage all Affiliate Links from its systems.
Upon termination or expiration of this Agreement, Affiliate
will have no further obligation to include the Product
Links on its Site. Affiliate shall be solely responsible
for ensuring that the content of its Site and the products
and services that offered from same comply with all applicable
laws.
- Registration
To enrol, you must submit a properly completed Program application.
Interapple reserves the right to evaluate your
application in a timely manner and reject it if
we determine, in our sole discretion, that your Site is
unsuitable for the Program. If an application is rejected, this
agreement is terminated.
THE FOLLOWING TYPES OF SITES WILL NOT BE ACCEPTED TO PARTICIPATE
IN THE PROGRAM: ADULT SITES, SITES THAT
DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY,
OR HATRED, SITES THAT PROMOTE ILLEGAL ACTIVITY including
but not limited to WAREZ, CRACKING, and HACKING SITES.
- License
Interapple hereby grants to Affiliate a non-exclusive, revocable
license to use the Product related texts and graphics to the
extent necessary to include the Affiliate Links on the Site,
and for this purpose only. Interapple reserves the right to request
the change of the location, contents and appearance of all Affiliate
Links graphics and text pertaining to the Product appearing
on your Site. Web framing of the Product is not permitted without
the prior written permission of Interapple. Likewise.
- Term
The term of this Agreement will begin immediately upon your
submittion of the Affiliate Program application and will end when
terminated by either party ("Term"). Either party may terminate
this Agreement at any time, with or without cause, by giving the
other party written notice of termination.
- Commission Fees
Interapple will pay to Affiliate a one-time only
flat fee ("Commission") of 4.00 USD for each Product license
bought by the users who were referred through
the Affiliate Links as reported by our Tracking System. The
Tracking System does not have 100% accuracy. It does not track
purchases made with checks, money orders, phone or fax orders.
Some portion of credit card or PayPal sales are not tracked due
to various reasons. Interapple does not imply or guarantee the
accuracy of the Tracking System.
This inaccuracy in the Tracking System results in approximately
25% of the sales not being tracked and Commission not credited to
your account. As the result, your effective Commission Rate will
be approximately 3.00 USD per each Product license sold. Commission
Rate is subject to change at any time.
We will pay you commission fees on a monthly basis. The commission
fees are paid by check, in US Dollars only. Checks are mailed in
the US with no service charge. Mail to other locations is subject
to additional fee. Worldwide wire transfers are subject to the bank
fees. Contact Interapple for more details and payment options.
Payments shall issue no later than thirty (30) days following
the end of each payment period. Affiliate irrevocably
consents to Interapple's determination of the Commission payable
and related fees.
- Modification
Interapple may modify any of the terms and conditions contained
in this Agreement, at any time and in its sole discretion, by posting
a change notice or a new agreement on its site and/or by email.
Modifications may include, for example, changes in the scope of
available Commissions, payment schedules and 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.
- Warranty; Warranty Disclaimer; Limitation of Liability
Each party warrants that it has the right, power, and
authority to enter into this Agreement. EXCEPT AS EXPRESSLY
WARRANTED IN THIS AGREEMENT, THE SERVICE AND THE SERVICE
LINKS ARE FURNISHED "AS IS" AND INTERAPPLE EXPRESSLY DISCLAIMS
ALL WARRANTIES UNDER THIS AGREEMENT, INCLUDING ALL WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY.
INTERAPPLE'S LIABILITY ARISING OUT OF THIS AGREEMENT SHALL
BE LIMITED TO THE AMOUNT PAID BY INTERAPPLE TO AFFILIATE HEREUNDER.
IN NO EVENT SHALL INTERAPPLE BE LIABLE TO ANY ENTITY FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR INDIRECT DAMAGES,
HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER
OR NOT INTERAPPLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
- Indemnifications
Each party is solely responsible for all matters pertaining
to its respective products and services. Accordingly,
each party agrees to indemnify the other for any loss
(including reasonable attorneys' fees) arising out of
its web site, content thereon, its own products and services,
and/or its breach of this Agreement.
- General Terms
You are an independent contractor, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise,
sales representative, or employment relationship between the parties.
In addition, you may not in any manner misrepresent or embellish the
relationship between us and you, or express or imply any
relationship or affiliation between us and you or any other person
or entity except as expressly permitted by this Agreement (including
by expressing or implying that Interapple supports, sponsors,
endorses, or contributes money to any charity or other cause).
- Notices
Any notice required or permitted by this Agreement must
be in writing and must be sent by facsimile, by nationally
recognized commercial overnight courier, or mailed by
registered or certified mail, addressed to the other party
or parties at the address below. Any such notice will
be effective as of the date of receipt:
If to Interapple Inc. at:
PO Box 916
Huntingdon Valley, PA 19006
Fax: 1-509-278-2357
If to Affiliate at:
Affiliate physical address
supplied separately
via Affiliate application form
- Governing Law
The laws of the United States and the State of Pennsylvanya will govern
this Agreement, 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 Montgomery County Pennsylvanya, and you consent
irrevocably 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.