- Enrollment in the Affiliate Program
To begin the enrollment process, AFFILIATE will complete the Affiliate Program application
via the Reg.Net website. Application of the AFFILIATE will be evaluated and AFFILIATE will be
notified if AFFILIATE application is rejected. Reg.Net may reject AFFILIATE application
if Reg.Net or DEVELOPER determines (at eithers discretion) that AFFILIATE site is unsuitable
for the program. Unsuitable Web sites include sites that:
- Promote violence
- Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
- Promote unlawful activities
- Promote the use of bulk e-mail or "Spam"
- Promote the use of multi-level marketing (MLM)
- Contain content that is threatening, defamatory, fraudulent, obscene
or harassing
- Violate intellectual property rights
If Reg.Net rejects AFFILIATE application, AFFILIATE is welcome to reapply to the
Affiliate Program after said AFFILIATE has updated the AFFILIATE site to remove
content Reg.Net has determined to be unsuitable for a Reg.Net Software Affiliate.
- Listing Software on AFFILIATE Site
AFFILIATE will link to the Reg.Net Software home page, but Reg.Net reserve the right
to expand AFFILIATE ability to link to additional pages on the Reg.Net web site.
AFFILIATE will be allowed to place a short description, review or reference to products
listed on Reg.Net as well as other products developed and sold by us. Using a specially
formatted link with a unique Affiliate ID, AFFILIATE will link to Reg.Net's site.
- Order Processing
Reg.Net will be responsible for processing every order
placed by a customer who utilizes the special link from AFFILIATE sponsoring Web site
to Reg.Net's Web site. Those responsibilities include order forms, payment processing,
shipping, cancellations, returns and related customer service. Reg.Net rules,
operating procedures and policies regarding customer orders and accounts apply
to orders Reg.Net receive through the special link from AFFILIATE sponsoring Web site. We
reserve the right to reject any order for any reason, including any order that
does not comply with Reg.Net rules, operating procedures and policies or that
violates applicable law.
- Tracking of Sales
Reg.Net will track sales made to customers who use the
unique Affiliate ID from AFFILIATE sponsoring Web site. Reg.Net tracks sales through the
use of cookies. AFFILIATE will be responsible for ensuring that AFFILIATE special link
includes AFFILIATES unique Affiliate ID and is formatted properly, a necessary
prerequisite for us to track such sales. Statements of referral product sales
activity will be provided to AFFILIATE. All statements after 30 days shall be deemed
correct unless AFFILIATE give us notice of any error prior to that date. Reg.Net shall not
be responsible for any errors AFFILIATE or AFFILIATE customers make which result in any
loss of any tracking information contained in the special link. Reg.Net does not have
any obligation or liability to pay referral fees for purchases made from which
cookies are not reasonably traceable by Reg.Net. To protect Reg.Net customers'
privacy, the names or other personal information about specific customers will
not be provided to AFFILIATE.
- Reg.Net Policy Applies to All Orders
Every customer who buys a product through this program is deemed to be a customer
of Reg.Net . AFFILIATE does not have the authority to make or accept any offer of purchase
on Reg.Net's behalf. All of Reg.Net's policies regarding customer orders, including
product availability, pricing and problem resolution, will apply to these customers. Reg.Net
is not responsible for any representations AFFILIATE make which conflict with our
policies.
- Product Pricing
Reg.Net will follow Reg.Net's pricing policies to determine the price of all products
sold on the Reg.Net web site. Product prices may vary from time to time, including software
publishers' price increases and special discounts offered by us on products that may already
be listed by AFFILIATE. AFFILIATE may not specify product prices in AFFILIATES descriptions.
Product prices change are subject to change without notice and Reg.Net cannot guarantee product
pricing.
- Referral Fees
Referral Fee Amount: Reg.Net will pay the owner of the sponsoring web site an amount
determined by the developer for referring the sale of Reg.Net products, for software
delivered to an end-user by us that was initiated as a direct referral using the appropriate
special link, including the unique Affiliate ID from the sponsoring Web site.
Net product sales are gross product sales less returns and chargebacks. Gross
product sales are revenue generated from all items for sale from Reg.Net's web site, including
third-party products, CDs and manuals, but not including shipping, handling and sales taxes. The
referral fees only apply to the portion of revenues attributable to Reg.Net.
Referral Fee Payment: Reg.Net will send AFFILIATE a check for the applicable
referral fee and a statement of product sale activity within 30 days after the
end of each calendar quarter. Amounts less than $25.00 will be held until the
calendar quarter in which the referral fee due exceeds $25.00, or until this
agreement is canceled.
Returns and Cancellations: If a referral fee product is later
returned by the customer, its referral fee will be deducted from the next
quarterly payment sent to AFFILIATE. If there is no next quarterly payment, AFFILIATE will
be billed for this amount which is owed to Reg.Net.
- Responsibility for AFFILIATE Site
AFFILIATE will be solely responsible for the development, operation and
maintenance of AFFILIATE site and for all materials that appear on AFFILIATE site. For
example, AFFILIATE will be solely responsible for: the technical operation of AFFILIATE
site and all related equipment creating and posting product descriptions on AFFILIATE
site and linking those descriptions to Reg.Net Web site the accuracy and
appropriateness of materials posted on AFFILIATE site (including, among other things,
all product related materials) ensuring that materials posted on AFFILIATE site
(except for the required logo under section 7(a), below) do not violate or
infringe upon the rights of any third party (including, for example, copyrights,
trademarks, privacy or other personal or proprietary rights) ensuring that
materials posted on AFFILIATE site are not libelous or otherwise illegal.
Reg.Net disclaims all liability for these matters. Further, AFFILIATE will
indemnify and hold us harmless from all claims, damages and expenses (including,
without limitation, attorneys' fees) relating to the development, operation,
maintenance and contents of AFFILIATE site.
AFFILIATE agree to display a Reg.Net logo on the sponsoring site
homepage or other prominent location.
- Linking to Reg.Net
Use of special links to the Reg.Net web site: Using a specially
formatted link, which includes a unique Affiliate ID that we provide AFFILIATE, AFFILIATE
will provide a special link to a Reg.Net page. AFFILIATE may add or delete links
from AFFILIATE sponsoring Web site at any time without Reg.Net's approval.
AFFILIATE can add or remove links at any time: AFFILIATE may select and link to
additional pages, or remove such links, at any time and without Reg.Net's prior
approval. However, AFFILIATE must use the correct special link format with the unique
Affiliate in order to receive proper credit for AFFILIATE referrals.
AFFILIATE must link directly to the Reg.Net web site and receive
commissions on any products sold from Reg.Net during that session provided
AFFILIATE use the unique Affiliate ID and the correct special link.
- Limited License
AFFILIATE must display the Reg.Net Affiliate Program logo on AFFILIATES home
page or other prominent area on AFFILIATE site, subject to the license below.
Reg.Net grants AFFILIATE a non-exclusive, revocable right to use the icon and
such other images for which we grant express permission, solely for the purpose
of identifying AFFILIATE site as a program participant. AFFILIATE may not modify the icon
or any of Reg.Net's images in any way. We reserve all rights in the icon, any
other images, our trade names, trademarks and copyrights and all other
intellectual property rights. We may revoke AFFILIATE license at any time by giving
AFFILIATE written notice. AFFILIATE may not use such icon and other images in such a way
that would harm Reg.Net's image. Upon cancellation or termination of this Agreement,
AFFILIATE agree to cease all use of such icon and other images.
Restrictions on Personal Use
This program is
intended for commercial use only, i.e., paying referral fees for products sold
to third parties who follow a special link from AFFILIATE sponsoring Web site.
Participants who use this program to purchase products for their own use are in
violation of the agreement. Reg.Net may, in its sole discretion, terminate
this agreement and/or withhold payment of referral fees if Reg.Net finds that such
personal use has occurred.
- General Provisions
Web Site Service Interruption: Reg.Net will make every effort to
keep its Web site operational. However, certain technical difficulties may, from
time to time, result in temporary service interruptions. AFFILIATE agree not to hold
us liable for any of the consequences of such interruptions.
Term of the Agreement: AFFILIATE may only receive referral fee payments for
orders that are properly placed during the term of this agreement. This term
will begin on the date that Reg.Net notifies AFFILIATE that AFFILIATE has been
pre-approved as a program participant and shall end when canceled or terminated
by either party as provided below. Unless otherwise canceled or terminated, the
agreement will be for one (1) year and renewed quarterly. Referral fees earned
through the date of cancellation or termination of this agreement will remain payable
only if the products are not returned or canceled from their orders. Payment of the final
referral fee payment to AFFILIATE may be withheld for a reasonable time in order to
ensure that the correct amount is paid.
Modifications: Reg.Net may modify any of the terms and conditions
contained in this Agreement, at any time and in Reg.Net's sole discretion, by posting
a change notice or a new agreement on Reg.Net's site. Modifications may include, for
example, changes in the scope of available referral fees, fee schedules, payment
procedures, and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATES
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATES CONTINUED PARTICIPATION IN
THE PROGRAM FOLLOWING REG.NET'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR
SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Effect of Termination: Upon termination or expiration of this
Agreement, Participant shall have no right or license to use the Reg.Net
trademarks, copyrights, etc. in any manner. Reg.Net shall have no
obligation to pay Participant any fees or charges, including Referral Fees, for
services or products purchased after the expiration or termination of this
Agreement for any reason. All provisions of this Agreement which by their nature
are intended to service the expiration or termination of this Agreement shall
survive and remain in full force and effect.
Cancellation of This Agreement: Either party may choose to cancel or
terminate this agreement at any time and for any reason by written notice of
cancellation or termination to the other.
WARRANTY DISCLAIMER: REG.NET MAKES NO WARRANTIES, REPRESENTATIONS OR
CONDITIONS WITH REGARD TO THE PROGRAM OR ANY PRODUCTS SOLD THEREUNDER, WHETHER
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
NON-INFRINGEMENT OR ANY IMPLIED WARRANTY ARISING OUT OF COURSE OF PERFORMANCE,
COURSE OF DEALING OR USAGE OF TRADE. IN ADDITION, REG.NET MAKES NO REPRESENTATION THAT
THE OPERATION OF REG.NET'S SITE WILL BE UNINTERRUPTED OR ERROR-FREE AND REG.NET WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
LIMITATION OF DAMAGES: REG.NET SHALL HAVE NO 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 THE PROGRAM, EVEN IF REG.NET WERE
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, REG.NET'S AGGREGATE LIABILITY
ARISING UNDER OR WITH RESPECT TO THIS AGREEMENT OR THE PROGRAM SHALL IN NO EVENT
EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE BY US TO AFFILIATE UNDER THIS
AGREEMENT.
Independent Contractors: AFFILIATE are an independent contractor and
nothing in this agreement is intended to or will create any form of partnership,
joint venture, agency, franchise, sales representative or employment
relationship with us.
Governing Law. This Agreement shall be governed by and construed in
accordance with the substantive laws of the State of Colorado, excluding its
conflict of laws principles. Any lawsuit relating to this Agreement must be
brought in the federal or state courts located in Colorado Springs, Colorado.
Headings. The titles and headings of the various sections and
paragraphs in this Agreement are intended solely for convenience of reference
and are not intended for any other purpose whatsoever, or to explain, modify or
place any construction upon or on any of the provisions of this
Agreements.
Assignment. AFFILIATE may not assign this Agreement, by operation of law or
otherwise, without Reg.Net's 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.
Waiver: Reg.Net's failure to enforce AFFILIATEs strict performance of any
provision of this Agreement will not constitute a waiver of Reg.Net's right to
subsequently enforce such provision or any other provision of this
Agreement.
Free to Contract with Others: AFFILIATE understand that Reg.Net may at any time
(directly or indirectly) solicit customer referrals on terms that may differ
from those contained in this agreement or operate Web sites that are similar to
or compete with AFFILIATE Web site.
Independent Investigation: AFFILIATE have independently evaluated the
desirability of participating in the program and are not relying on any
representation, guarantee, or statement other than as set forth in this
agreement.
ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS: BY SUBMITTING THIS
APPLICATION, AFFILIATE ACKNOWLEDGE THAT AFFILIATE HAVE READ AND REVIEWED THIS AGREEMENT IN
ITS ENTIRETY AND AGREE TO ALL ITS TERMS AND CONDITIONS.
- NOTICE
Notices. Communications relating to this AGREEMENT shall be
deemed to have been sufficiently given if in writing and sent by
registered mail, postage prepaid to the other party at the address
given below.