This agreement describes the
entire terms and conditions for participation in the QM Software Affiliate
Program.
In this agreement, the term
"Affiliate" refers to you (the applicant). Wherever the agreement
refers to "you" or "your", it means "the
Affiliate"; "we", “us” or "our" refers to QM
Software
QM Software will pay you a
commission of 30% of each educational software sale identified by us as being
referred by you, and 5% of each educational software sale identified by us as
being referred by an affiliate who was referred by you.
Commissions will be paid by
Paypal every month, approximately 15 days after the end of the month. QM
Software reserves the right to modify the payment schedule from time to time so
long as notice is posted to it’s
Web site or via e-mail. If the commission does not exceed US$50 for the prior period, QM
Software will hold the commission until commissions accumulate to $50 or more.
In the event a visitor is
referred to
QMSoftware by more than one affiliate over a period of time before purchasing,
only the first affiliate shall receive the commission.
If a sale is cancelled or
refunded, the related commission will be deducted from the next monthly payment
.
Commissions will be paid for
Referred sales for as long as the affiliate actively participates in this
Program and this agreement is not cancelled by either party. If the
agreement is cancelled, outstanding commissions at the time of cancellation shall
be paid in the next monthly payment so long as the rules of this agreement were not
violated by the Affiliate.
You will be issued an
“Affiliate Link”, a unique URL, which allows us to identify visitors as
being referred by you. When a visitor comes to our site using your
Affiliate Link, we will attempt to place a “cookie” on their computer, so
that we can identify the visitor as being referred by you. So long as a visitor
has a browser which supports "cookies" (most do) and they have not
disabled this feature, we will be able to place a cookie that identifies the visitor as being referred
by you. The cookie will be set to last for
20 years.
You may remove or add your link
to QM Software at anytime without permission. To receive Commissions, you
must use the Affiliate Link provided.
The Affiliate may in no way
display a QM Software related logo, image, or trademark which may be
distasteful, defame, or misrepresent its brand. The Affiliate shall take great
care to not misrepresent QM Software products or services or to advertise them
in such a way as to poorly represent the QM Software brand.
The Affiliate is solely
responsible for ensuring that their Affiliate link is set up properly on their
Site, in their emails or in their published materials.
The affiliate agrees to NOT SEND
UNSOLICITED or SPAM mail via e-mail or newsgroups to promote QM Software
products. You may post only to newsgroups and forums within the rules of each
newsgroup. Violation of this policy will result in the termination of this
contract and immediate dismissal from the QM Software Affiliate Program.
Qualifying Sites:
QM Software reserves the right
not to accept any site into the Affiliate Program based on site content. Sites
that Do Not Qualify for the QM Software Affiliate Program include sites which:
This agreement remains in affect
until cancelled by either party. QM Software holds the right to cancel this
agreement for any reason at any time.
Commissions earned up until the
date of expiration or cancellation of this agreement will remain payable only if
the qualifying sales are not cancelled and the Affiliate has not violated this
agreement.
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. The affiliate
understands that Referral tracking can never be 100% accurate.
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 this statement.
QM Software makes no warranties
expressed or implied with regard to the Affiliate Program except as outlined in
this agreement.
QM Software shall not be held
liability 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 QM Software has been advised of the possibility of such
damages. QM Software’s 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 QM Software under this agreement.
This agreement shall be governed
by the laws of the State of NSW and Australia.