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:

  1. 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.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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.

  7. 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.

  8. 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.

  9. 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.

  10. 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).
  11. 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

  12. 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.