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Engine Analysis Software AFFILIATE PROGRAM AGREEMENT
Definitions | Requirements |
Tracking | Policies |
Promotions | Termination
The following are the terms and conditions for participating in the Engine Analysis Software Affiliate Program. "Affiliate" refers to you, Engine Analysis Software refers to the Engine Analysis Software product line which is owned and operated by MWD & Associates, located at 6291 Bahia Del Mar Ci, Suite 104, St Petersburg, FL 33715. This agreement may be revised from time to time.
DEFINITIONS
Affiliate -a Engine Analysis Software approved agent that fits any one of the following descriptions: a) carries out the advertising/marketing of Engine Analysis Software through images, text links, and/or a Engine Analysis Software Microsite and refers web traffic to www.rc-rc-engine-analysis-software.com (or another Engine Analysis Software defined URL) with a Engine Analysis Software defined Affiliate Link (referral tracking code or other identifier specified by Engine Analysis Software) that is captured when referral is made to Engine Analysis Software for sales transaction processing handling on Affiliate's behalf for which the Affiliate receives a Engine Analysis Software determined commission or b) buys Engine Analysis Software Registration Keys from MWD & Associates at a determined discount for resale to end customers through their own transaction processing systems.
Engine Analysis Software Microsite - a pre-built, separate set of Engine Analysis Software.com web pages that help promote Engine Analysis Software that Affiliates serve from their distinct URLs. The Engine Analysis Software Microsite is used to promote Engine Analysis Software and the pre-built Microsites contain the unique
Affiliate Link which provides us with the ability to properly attribute commissions for Affiliate generated sales per the Engine Analysis Software Affiliate Program's transaction tracking systems.
Affiliate Link - a unique MWD & Associates provided tracking code (i.e. identifier) that is served in a graphic or text link from the Affiliate's online property (whether through a graphic, text link, or Affiliate deployed Engine Analysis Software Microsite) that MWD & Associates can track and attribute actions, such as trial registrations and purchases, so that MWD & Associates can reward Affiliates with a commission on sales that they generate.
AFFILIATE PROGRAM REQUIREMENTS
Affiliates must create an account and sign-up for Engine Analysis Software's Affiliate Program. Affiliates must have a valid Web address and email account to complete their applications. As a Engine Analysis Software Affiliate, once you have placed ads that include Affiliate Links on your site, you can monitor your transactions in the Affiliate Management Center. For the best results, you need to have steady traffic to your Web site, and you need to test different links and advertiser programs to find the ones that are best suited to your site and your audience.
COMMISSIONS OVERVIEW
Commission applies only to the sale of Engine Analysis Software software licenses, upgrades, and new any New Services or Products orders. Sales are defined as the total sale amount of the Engine Analysis Software product less any sales tax and shipping charges.
Customer referral tracking process:
- Customer visits Affiliate's site.
- Customer is referred to specific pages on Engine Analysis Software.com for transaction processing.
- Customer receives cookie served from Engine Analysis Software.com associating them to the Affiliate site from which the referral had just originated.
- At time of purchase, fulfillment interface verifies a) cookie expiration and b) validity of Affiliate Link.
- A customer visits an Affiliate site and registers for a trial receives a Engine Analysis Software.com cookie that is tracked in a Engine Analysis Software system. The duration of the cookie's defined life is currently 90 days. If the customer makes an immediate purchase that Affiliate will receive credit for the sale.
- A customer that visits an Affiliate site and registers for a trial receives a Engine Analysis Software.com cookie. If the customer then registers a trial or makes a purchase from another Affiliate within 90 days, the final Affiliate that made the sale will receive the credit for the sale.
- If a customer visits an Affiliate site and registers the trial and then purchases the software from Engine Analysis Software.com within 90 days, the Affiliate will receive commission for the sale.
- Affiliates are solely responsible for ensuring that their Affiliate link
is setup properly on their Site.
GENERAL COMMISSION DETAILS
- The commission percentages are subject to change by MWD & Associates with 30 days notice.
- Commissions will be paid for referred sales for as long as the Affiliate actively participates in the program, has completed the application process, and is in good standing with MWD & Associates regarding compliance of the then current Engine Analysis Software Affiliate Program agreement and this agreement is not canceled by either party. If canceled, outstanding commissions for current period at time of cancellation shall be paid in the next monthly payment so long as rules of this agreement were not violated by the Affiliate.
- Commissions are paid every 30 days by company check or other method that both Affiliate and MWD & Associates has agreed to such as PayPal, approximately 15 to 30 days. MWD & Associates reserves the right to modify the payment schedule from time to time so long as notice is posted to Web site or via e-mail. If commissions do not exceed $50.00 for a prior period, MWD & Associates maintains the right to hold payment until commissions accumulate to $50.00 or more or 90 days have passed, whichever comes first.
- All payments will be made in U.S. dollars.
- If a Engine Analysis Software processed sale is canceled or refunded by the customer, the related commission will be deducted from the next monthly payment or the Affiliate shall be billed for the amount owed.
- As required by U.S. Law, U.S. Residents will be required to sign a W-9 form for the Internal Revenue Service prior to being sent any payments.
- Affiliate is solely responsible for insuring that their link to the Engine Analysis Software order form is set properly.
- Affiliate will be e-mailed a confirmation message after each order has been placed by a customer.
POLICIES
Your Account:
If you use the Engine Analysis Software Affiliate site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
REPRESENTATION
Affiliate shall take great care to not misrepresent Engine Analysis Software products or services.
Affiliate agrees to:
- NOT SEND UNSOLICITED or SPAM mail to promote Engine Analysis Software. This action is ground for immediate termination of the account with a cancellation of any pending commissions. You will also be in violation of your Affiliate agreement and subject to legal action since your unsolicited e-mail can damage the image of Engine Analysis Software.
- Accurately and visibly represent their Engine Analysis Software resale relationship on the header and footer of implemented Engine Analysis Software Microsite.
- Update Engine Analysis Software related content and graphics to reflect the most current release within 60 days of a new software release or web site update.
- Not represent themselves, their business, and/or web sites as the Publisher of Engine Analysis Software software.
- Not make any copies of the Engine Analysis Software for distribution to ANYONE.
PROMOTIONS
Affiliate agrees to accurately reflect current promotions. Additionally, Engine Analysis Software Affiliates agree not to give away or resell unauthorized MWD & Associates software or assets without our written approval.
Engine Analysis Software MICROSITE TERMS OF USE
The customized Engine Analysis Software Microsite pages are copyrighted by MWD & Associates Inc. However, as an active Engine Analysis Software Affiliate, you have a limited license to use these pages for the purpose of reselling and promoting Engine Analysis Software only. You may modify the pages to fit the style of your own web site so long as it is still evident to your visitors that you are a Engine Analysis Software Affiliate, and not Engine Analysis Software or MWD & Associates Inc. All logos and product names remain trademarked by MWD & Associates Inc., but may be used for the purpose of promoting or reselling Engine Analysis Software.
TRADEMARKS
MWD & Associates reserves all rights in or to its trademarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a Engine Analysis Software related logo, image, or trademark which may be distasteful, defame, or misrepresent its brand. MWD & Associates has the right to specify how and if a trademark may be used by the Affiliate.
TERMINATION:
This agreement remains in affect until canceled by either party. Upon cancellation, Affiliate agrees to cease selling Engine Analysis Software and use of any trademarks. Affiliates found not complying with any of the aforementioned program terms and conditions can result in a suspension and/or termination of the Affiliate's participation in the program.
Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the referred Customers and the Affiliate has not violated this agreement. Payment of the final Commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
INDEPENDENT CONTRACTOR:
The relationship between MWD & Associates and Affiliate established by this Agreement is that of independent contractors. MWD & Associates and Affiliates shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein.
DISCLAIMER:
MWD & Associates will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, MWD & Associates is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service. User must also accept the 'cookie' when referred to the Engine Analysis Software order form in order to be properly tracked.
WARRANTY DISCLAIMER:
MWD & Associates MAKES NO WARRANTIES EXPRESSED OR IMPLIED WITH REGARD TO AFFILIATE PROGRAM.
LIMITATION OF DAMAGES:
MWD & Associates shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if MWD & Associates has been advised of the possibility of such damages. MWD & Associates' aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Engine Analysis Software under this agreement.
Affiliate understands that Referral tracking can never be 100% accurate and MWD & Associates is not responsible for inaccuracies that might occur beyond its control. Tracking of Referral sales depend on several factors such as the referred visitor accepting the 'cookie' upon clicking on the Affiliate Link. It is the goal of MWD & Associates to make referral tracking as accurate as possible; however, MWD & Associates cannot guarantee 100% tracking for situations beyond its reasonable control.
GOVERNING LAW:
This agreement shall be governed by the laws of the State of Florida and the United States.
By signing up for the Engine Analysis Software Affiliate Program you agree to be bound by the terms and conditions of this agreement.
Engine Analysis Software
Copyright(c) 2/6/2002 by Marten W. Davis
IMPORTANT:
If you wish to be an Affiliate for MWD & Associates selling The Engine Analysis Software, please CLICK HERE to print a copy of this agreement and fax a signed copy to: 727-867-9598. As soon as we receive the signed, faxed copy, your account will become active.
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