Affiliate Program User Agreement

Modified on Wednesday, November 24, 2004.

THE FOLLOWING DESCRIBES THE TERMS ON WHICH REBRAND SOFTWARE, LLC OFFERS ACCESS TO OUR AFFILIATE PROGRAM.

Welcome to the user agreement (the "Agreement" or "Affiliate Agreement") for Rebrand Software, LLC's Affiliate Program. This Agreement describes the terms and conditions applicable to your use of our affiliate program (the "Program") available under the domain of www.RebrandSoftware.com (the "Site"), and the methods in which you promote Rebrand Software, LLC's products ("The Software"). If you do not agree to be bound by the terms and conditions of this Agreement, you may not become an affiliate of Rebrand Software, LLC.

You must read, agree with and accept all of the terms and conditions contained in this Agreement, which include those terms and conditions expressly set out below, before you may become an affiliate of Rebrand Software, LLC. By accepting this Agreement, you also agree that your use of The Program and promotion of The Software will be governed by this Agreement.

We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective 30 days after they are initially posted on the Site. In addition, we will notify you by email of these changes. This Agreement may not be otherwise amended except in a writing signed by you and Rebrand Software, LLC. This Agreement is effective upon acceptance in registration for new affiliates, and is otherwise effective on December 22, 2004 for all affiliates.

  1. Membership Eligibility.
    The program is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the program is not available to children (persons under the age of 13). If you do not qualify, please do not register as an affiliate. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement. We reserve the right to immediately cancel any account which we determine to be in breach of this agreement, at which point we will pay all outstanding approved balances on the account. You may choose to cancel your affiliate account at any time by notifying us by email or simply removing any affiliate links to our site that you have created.


  2. Program Rules
    -You may not promote through the use of unsolicited email (SPAM)
    -You may not post to non-related newsgroups or forums
    -You may not create more than one affiliate account
    -You may not buy from yourself or use the affiliate program, acting alone or with others, for the purpose of discounting your own purchase or helping others to discount their purchase. Attempting to do so could actually lower the resale value of the software you purchase.
    -You must provide us with verifiable information about your identity. Free email accounts from providers such as hotmail, or providers that deliberately mask the identity of the account holder, are not allowed.

  3. Payments and Fees
    Joining the Program is free, and is required in order to receive affiliate commisions. We may raise or lower the amount of commisions (as designated by your payout percentage) at any time, and in many cases will do so automatically to award well performing affiliates. You will be paid a percentage of sales you generate equal to your payout percentage at time that each individual software purchase is approved and delivered to the purchasing customer. Taxes and shipping charges are not included in this percentage.

    You are responsible for paying all fees associated with your advertising for the software and your use of the site.

    You may request a withdrawl from you account balance at any time. Additionally, if your account is in excess of $100 at the end of any calendar month we will pay you your entire account balance.



  4. Approval Time
    Each transaction will be subject to approval before any funds are added to your account balance. We reserve the right to adjust your balance accordingly in the case of fraudulent transactions or transactions that are in breach of this agreement.

    In most cases we will approve your transactions very quickly. In the case of the Site's consumer software your account balance will normally reflect your comission within 24 hours. In the case of brandable products the time required for your account balance to reflect your commision will vary based on the amount of time between the purchase and delivery of the final product to the customer.

    If we believe that a purchase is fraudulent we may withhold appoval until the transaction has been verified.


  5. Your Information and License.
    The information provided to us through our affiliate program is subject to the privacy policy set forth in our User Agreement. We will keep your information strictly confidential.


  6. Breach.
    Without limiting other remedies, we may limit your activity, immediately remove your account, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.


  7. Privacy.
    We do not sell, rent or loan your personal information to third parties for any reason. We view protection of users' privacy as a very important principle. We understand clearly that you and your information is one of our most important assets. We have made reasonable attempts to secure all information provided to us.


  8. No Warranty.
    WE, OUR SUBSIDIARIES, EMPLOYEES, AFFILIATES AND OUR SUPPLIERS PROVIDE OUR WEB SITE, SOFTWARE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE, OUR SUBSIDIARIES, EMPLOYEES AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.


  9. Liability Limit.
    IN NO EVENT SHALL WE, OUR EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SOFTWARE, THE PROGRAM, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).


  10. Indemnity.
    You agree to indemnify and hold us, our employees, and suppliers harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.


  11. Legal Compliance.
    You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Program.


  12. No Agency.
    You and Rebrand Software, LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.


  13. Resolution of Disputes.
    In the event a dispute arises between you and Rebrand Software, LLC, our goal is to provide you with quick means of resolving the dispute quickly. Accordingly, you and Rebrand Software, LLC agree that any claim or controversy at law or equity that arises out of this Agreement or our services ("Claims") shall be resolved in mutually agreed upon in writing by the parties. Before resorting to these alternatives, we strongly encourage you to first Contact Us to seek a resolution and we will consider reasonable requests to resolve the dispute personally, as an alternative to litigation.