AFFILIATE AGREEMENT
This agreement describes the entire terms and conditions for participation
in the Free Software Website Affiliate Program. In this agreement, the term "Participant" refers to you (the applicant), and
"sponsoring web site" refers to the web site from which you will link to us.
Free Software Website is the sole and exclusive owner of all right, title
and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, trade
names, trademarks to all literary works, computer software programs, products, goods and services (including and all future
versions thereof) currently entitled the ("Product"). Product refers to the singular as well as the plural.
You can add or remove links any time you wish:
You may add as many links to our site, or remove such links, at any time and
without prior approval from Free Software Website.
Affiliate Sales Commissions:
Free Software Website does not imply nor guarantee any amount
of commission or earnings will be made by becoming an affiliate of the Free Software Website Affiliate program.
If, as a result of a direct advertising effort of the Affiliate, a referred
customer of the Affiliate orders and pays for the Product or other goods or services sold by Free Software Website in the
future, Free Software Website shall pay the Affiliate a sales commission determined in accordance with the Affiliate Compensation
Schedule which is set forth in this Agreement and which forms an integral part of it. The commission is based upon the paid
selling price of the purchased goods or services before tax and excluding returns ("Sales Commission").
The purchase price of qualifying sales will count toward the total sales during
the calendar month in which such sales are made. Only qualifying sales of the Product, to a customer and for which Free Software
Website has received full payment will qualify for the specified referral fee.
The total of such sales in any given month will generate commissions, based
upon the following schedule:
Free Software Website sends out Commission checks in the amount of 35% on
any first tier sales and 15% on any second tier sales every other Friday of every month, on all sales made between those dates.
Free Software Website Amounts less than 15 percent of the Free Software Website
Lifetime Membership price will be held until the next scheduled payday in which the cumulative referral fee due exceeds
15 percent of the Free Software Website Lifetime Membership price, or until this agreement is canceled.
Participant can check the status of commissions earned at any time by visiting
their Free Software Website affiliate back office site after logging in at the link provided to them after registering
as an affiliate. A user ID and password are necessary to view this information and is emailed to each participant after
affiliate registration. Participant may contact the support staff at Free Software Website from the support link at
this site if they have lost their user ID and/or password.
If a refund is requested by a customer on a qualifying sale, its referral
fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant
will be billed.
Delivery and Order Processing:
Free Software Website will be solely responsible for processing every order
placed by a customer following a special link from the sponsoring web site. Order forms, payment processing, shipping, cancellations,
returns, and related customer service are the responsibility of Free Software Website.
All of the rules, operating procedures and policies of Free Software Website
regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring web site.
Free Software Website reserves the right to reject any order at its sole discretion.
Copyrighted Material:
The participant is solely responsible for ensuring that your reviews and descriptions
comply with all applicable copyright and other laws and shall hold Free Software Website harmless for any violations thereof.
Customers of Free Software Website:
Every customer who purchases a product is deemed to be a customer of Free
Software Website. Free Software Website is not responsible for any representations made by the Participant which contradict
our policies.
Pricing and Availability:
All prices shall be established by Free Software Website. In case of any price
discrepancies, the price charged to the customer will always be the price listed on the web page linked from your sponsoring
web site.
Operation of Web site and Processing:
Free Software Website will make all reasonable efforts to keep its web site
operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Free
Software Website shall not be liable for any of the consequences of service interruptions, which may occur.
Modification and Cancellation:
Free Software Website reserves the right to change any of the terms and conditions
in this agreement, at any time and in its sole discretion, by posting said new terms on this web site. Said modifications
shall be deemed accepted by participant.
Independent Contractors:
Participant of Free Software Website's affiliate program 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.
Term and Termination
The term of this Agreement will begin when you accept and will end when terminated
by either party. Either Free Software Website or you 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, all licenses granted
hereunder shall immediately terminate and you will immediately cease use of, and remove from Affiliate's Web Site, all links
to the Free Software Website Site, and all Free Software Website trademarks and logos, other Free Software Website Marks and
all other materials provided in connection with this Agreement.
We may reject your application or terminate you if we determine (in our sole
discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene,
sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:
Promote sexually explicit materials;
Promote violence;
Promote discrimination based on sex, religion, nationality, disability, sexual
orientation, or age;
Promote illegal activities; or
Infringe or otherwise violate any copyright, trademark, or other intellectual
property rights.
Compliance with Applicable Laws
You are solely responsible for the accuracy and appropriateness of all materials
posted on Affiliate's Web Site, and for ensuring that your activities and materials posted on Affiliate's Web Site are not
defamatory, in violation of copyright laws or otherwise illegal. You agree to indemnify and hold Free Software Website harmless
for any violations of the foregoing. Free Software Website disclaims all liability for these matters.
Limitations of Liability
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, Free
Software Website WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE,
TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY
DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL OR ACTUAL OR ANTICIPATED REVENUE, PROFITS OR LOST BUSINESS), EVEN
IF Free Software Website HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL Free Software Website'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED
TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE AND STRICT LIABILITY) OR OTHER
LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAYABLE TO YOU UNDER THIS AGREEMENT.
Disclaimers
We make no express or implied warranties or representations with respect to
the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation
that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
Free Software Website disclaims and is not responsible nor accountable
for any implied warranties or representations of your potential to earn income with respect to any and all materials,
including but not limited to, the individual programs and ebooks which may be found in the Free Software Website
database. Furthermore, the links, programs, materials, software and ebooks that make up the Free Software
Website Membership Program are for informational and personal use only and may not be sold, decompiled, re-engineered
or altered in any way without the express written consent of the author/creator of such material.
Mediation & Arbitration
If a dispute arises under this agreement, we agree to first try to resolve
it with the help of a mutually agreed-upon mediator in the following location: Wayne County, Michigan. Any costs and fees
other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through
mediation, we agree to submit the dispute to binding arbitration at the following location: Wayne County, Michigan, under
the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any
court with jurisdiction to do so. Mediation will be shared equally by each of us.
Miscellaneous
Entire Agreement. This Agreement constitutes and contains the entire agreement
between the parties with respect to the subject matter hereof and supersedes any prior oral or written agreements. This Agreement
may not be amended except in writing signed by the parties. Each party acknowledges and agrees that the other has not made
any representations, warranties or agreements of any kind, except as expressly set forth herein.
Assignment. You may not assign your rights or obligations under this Agreement
to any party.
Applicable Law. This Agreement shall be governed by and interpreted in accordance
with the laws of the State of Michigan without regard to the conflicts of laws, rules and principles thereof.
Severability. If any provision of this Agreement is held to be invalid or
unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties
is effectuated, and the remainder of this agreement shall have full force and effect.
Notices. Any notice required under this Agreement may be given by email, fax
or written letter to the number or address you provide.
You acknowledge that you have read this agreement and agree to all its terms
and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement
other than as set forth in this agreement.
You may contact Free Software Website via the support link found at
the top of this page.
