PST's Affiliate Program Operating Agreement
THIS AGREEMENT WAS LAST UPDATED ON April 12, 2005. PLEASE READ THE AFFILIATE AGREEMENT BELOW. DURING THE ACTUAL APPLICATION PROCESS, YOU WILL NEED TO INDICATE YOUR ACCEPTANCE OF THIS AGREEMENT BY CLICKING THE "I AGREE" BUTTON AT THE END OF THE APPLICATION.
This agreement contains all of the terms and conditions between Performance Solutions Technology, LLC (hereafter referred to as PST), the operator of the software retail websites of PerformanceSolutionsTech.com and Managepro.com and the individual or organization participating in the PST’s Affiliate Program (the "Program"), and supersedes any other written, online or other terms and conditions that may have been discussed or agreed upon regarding the Program. This PST Affiliate Program Agreement ("Agreement") is between you the applicant ("you") and Performance Solutions Technology, LLC. ("we," "us" or "our"), which is the name of the company that operates the supplies retail store on the World Wide Web at PerformanceSolutionsTech.com.
1. JOINING THE PROGRAM.
To apply to participate in the Program you must have a website and complete the online application form and indicate your acceptance of all of the terms and conditions in this Agreement. By submitting the online application form, you are declaring that you accept and will abide by all of the terms and conditions in this agreement.
2. APPLICATION REVIEW & PROHIBITED SITES
3. LINKING YOUR SITE WITH PerformanceSolutionsTech.com™
You are responsible for placing the graphics on your web site and creating links to PerformanceSolutionsTech.com. We will provide you with an Affiliate Account Number, graphics, examples and instructions on how to link your site into PerformanceSolutionsTech.com™ utilizing your Affiliate Account Number (the "Link(s)"). Once accepted, affiliates may add or remove links to their site without permission. You may create as many or as few links as you wish. We encourage (but do not require) you to include a link to the PerformanceSolutionsTech.com™ home page. You will be responsible for the placement of the graphics and the appearance of your web site, as well as for the ongoing maintenance of the graphics and links. You are solely responsible for insuring that the Link is setup properly to qualify for commissions.
4. COMMISSION REFERRAL FEES
We pay the following referral fees on the products identified in the diagram below. Sub-referral fees are paid to sites that have promoted our affiliate program to other sites which have subsequently joined our affiliate program. Note that you may not make yourself or your organization its own sub-referral customer.
5. FEE PAYMENT
6. ORDER PROCESSING
7. COPYRIGHTED MATERIAL AND LIMITED LICENSE
8. INDEPENDENT CONTRACTOR STATUS & RESPONSIBILITY FOR YOUR WEB SITE
The relationship between PST and you the affiliate established by this Agreement is that of independent contractor. Nothing contained in this Agreement shall be deemed or construed as creating a joint venture or partnership between you and us. Neither party, by virtue of this Agreement, is authorized as agent, employee or legal representative of the other. Except as specified in this Agreement, neither party shall have the power to control the activities and operations of the other. You will not make any statement, whether on your web site or otherwise, that reasonably would contradict anything in this Section. You are responsible for your own local, state or federal taxes due on commission checks.
You the affiliate agree to not send unsolicited mail or spam mail (email) to promote any PST products, site or services. Affiliates who conduct spamming will be immediately terminated and forfeit all referral fees, and will be responsible for PST’s labor costs in resolving any problems or disputes that are incurred because of spamming activities.
Any customer who purchases PST products and services is considered PST’s customer, not you, the affiliate’s, customer. To protect PST customer privacy, PST cannot provide identifying customer names and contact information to you. We will however, as stated earlier in this agreement, provide you with online reports detailing price, product and date of sales from your site link.
11. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
You represent and warrant that any material which is provided by you and displayed on your web site will not:
You represent and warrant that you have used your true legal name in registering for the Performance Solutions Technology Affiliate Program; and that you have the power and authority to enter into this Agreement and perform the obligations set forth herein and that you are an adult of at least eighteen (18) years of age. You shall indemnify and hold harmless Performance Solutions Technology, LLCand its parent companies, subsidiaries and affiliates, and its respective directors, officers, employees, agents, shareholders and partners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including reasonable attorneys' fees) arising out of or related to any obligation undertaken or representation or warranty made by you; or any breach by you of any covenant or agreement made herein; or any content, trademark, copyright or intellectual property used, created or distributed by you.
12. DISCLAIMER OF WARRANTY
The PST Affiliate Program is provided on an "as is" basis without warranties of any kind, either express or implied. PST does not warranty that its Program or operation will be error free or uninterrupted, and PST will not be liable for interruptions or errors, or related consequences such as loss of revenue, except to correct errors found in the payment of commissions. Although PST will make every effort to have the affiliate tracking system as accurate as possible, you acknowledge that affiliate tracking can never be 100% accurate, and that PST is not responsible for inaccuracies that might occur beyond its control.
You may terminate this Agreement at any time by sending notice to us via e-mail to . You will be credited with all Commissions earned until the time of termination. We may, in our sole discretion, terminate this Agreement for any reasons whatsoever or no reason at all, including, without limitation, your breach of this Agreement. If you are found to be in violation of this agreement, our agreement with you will be terminated immediately and all commission fees not yet paid, forfeited.
17. GOVERNING LAW & NOTICES
This agreement shall be governed by the laws of the State of California and the United States.
All notices to you will be sent to the e-mail address provided by you when you register for the Performance Solutions Technology Affiliate Program. All notices to us will be sent to
18. ENTIRE AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. By clicking the "I AGREE" button on the Application, you agree to be bound by all of the terms and conditions contained in this PST Affiliate Program Operating Agreement and these terms and conditions supersede any previous terms and conditions between you and us with respect to Performance Solutions Technology, LLC Affiliate Program. We will e-mail a copy of this Agreement to you after you have completed your registration.
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