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AGREEMENT DURATION |
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This agreement will begin upon our acceptance of your Web Partner application and will end when terminated by either party.
Termination may happen at any time, with or without cause, by giving the other party written notice of termination.
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MODIFICATION |
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By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.
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COMMISSION FEES |
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You will receive 33% of the revenue as a commission from orders placed through your Web Partner Site.
For a sale to generate a commission to a Web Partner, the customer must complete the order form and remit full payment for the service ordered. You will receive 33% (usually $9.95) of the revenue from orders placed through the Web Partner Sites of those sub-Web Partners that you have sponsored into the PC Phone Home" Web Partners.
Commission fees can only be earned between the acceptance of the Web Partner application and notice of termination. We pay you your commission fee within the first 20 days of the month for the prior month's sales. For example, January referral sales are mailed no later than February 20. However, to control expenses and pay out generous commissions, we cut a monthly check whenever your total commissions are $50 or more. If your commissions total less than $50, the current month's commissions are rolled over to the next month, until your amount due is at least $50.
Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment. If no fee payment is due a billing invoice for the amount will be issued.
Web Partners must have an active link on their website. In order to qualify for commissions on sub-Web Partner sales in any given month, a Web Partner must personally sell at least one order during that month.
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ORDER PROCESSING |
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Brigadoon Software, Inc. will be solely responsible for processing every order placed by a customer on the Web Partner and sub-Web Partner sites. Customers who purchase products and services through the PC Phone Home Web Partner Program will be deemed to be customers of Brigadoon Software, Inc. Prices and availability of our products and services may vary from time to time. Brigadoon Software, Inc. policies will always determine the price paid by the customer. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.
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WEB SITE RESTRICTIONS |
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Brigadoon Software, Inc. reserves the right (i) not to accept any site into the PC Phone Home" Web Partner Program; or (ii) terminate a Web Partner's active status if the content of the Web Partner's web site is, IN OUR SOLE OPINION, not of an appropriate subject matter with which PC Phone Home" wishes to be associated. Sites that Do Not Qualify for the PC Phone Home" Web Partner Program include (but are not limited to) sites that are:
- X- rated and promote sexually explicit materials
- Promoting violence and discord
- Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promoting illegal or questionable activities
- Violating intellectual property rights
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SPAM (UCE) |
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Unsolicited Commercial E-mail - Brigadoon Software, Inc. in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Web Partners are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and your immediate dismissal from the PC Phone Home" Web Partner Program, with no refund.
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DISCLAIMER |
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We make no express or implied warranties or representations with respect to the Web Partner Program or your potential to earn income from the PC Phone Home" Web Partner Program. In addition, we make no representation that the operation of our site or the Web Partner Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.
This Agreement is governed by the laws of the United States and the State of New York, 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 New York, New York, and you irrevocably consent 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 enforceable against the parties and their respective successors and assigns. Our failure to enforce the 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.
By submitting this Web Partner Agreement form, 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.
*Please note that NO COMMISSION is paid on your original purchase of PC Phone Home". In other words, you cannot buy from yourself or be your first purchase for the sole purpose of discounting your own software purchase.
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