1. Application Process To apply to the Program, the Affiliate completes and submits a Program application on the Share A Sale website. We evaluate each Affiliate's application in good faith and notify the Affiliate of acceptance or rejection. We reject any Affiliate's application if we determine, at our sole discretion, that the Affiliate's site is unsuitable for the Program. Unsuitable sites include but are not limited to those that: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities; violate intellectual property rights; or are associated with network abuse (including unwelcome email, crossposting, mousetraps, spam, or respawning windows).
2. Commissions The Affiliate earns 25% commission on Virtual Sheet Music products' sales only (such as VSM digital sheet music, Memberships, renewals, etc.), without any third-party publisher's products included, and 15% on all mixed VSM and/or third-party publishers' sales (such as digital sheet music by Hal Leonard, Alfred, and Schott mixed with VSM products). No commission is tracked and paid if a VSM Member purchases discounted single items for which we must pay royalties (such as the Hal Leonard or Alfred repertoire offered at a discounted rate to Members). If commission rates should ever change, the Affiliate will be notified through the Share a Sale network.
3. Policies and Items Pricing Customers who buy products through this program are deemed customers of Virtual Sheet Music. Accordingly, all Virtual Sheet Music rules, policies, and operating procedures concerning orders, services, and sales apply. Our policies and operating procedures may change at any time. For example, prices and availability of Virtual Sheet Music products sold under this program may periodically change in accordance with our own pricing policies and thus affect products already listed on an Affiliate's site. Therefore, price information should be kept up-to-date on Affiliates' sites.
4. Responsibility for the Affiliate's Site The Affiliate is solely responsible for the development, operation, and maintenance of his site and its content. It must be legal, not violating or infringing on the rights of any third party, including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights. Advertising our products with unauthorized or non-existent discount codes or coupons is strictly prohibited, and any form of scam or fraud will be not tolerated. We disclaim any and all liability for Affiliate violations and further stipulate that all Affiliates will indemnify and hold us harmless from all claims, damages, and expenses (including attorney and other legal fees) relating to the development, operation, maintenance, and content of Affiliate sites. Finally, all Affiliates acknowledge that Virtual Sheet Music® and Classical Sheet Music Downloads® are trademarks of Virtual Sheet Music, Inc., a corporation based in California, USA.
5. Spam The Affiliate is aware that any form of Spam is forbidden. Accounts associated with network abuse (including unwelcome email, crossposting, mousetraps, spam, or respawning windows) and/or fraudulent activity (such as the use of stolen credit cards, etc.) may be suspended and closed without notice. Affiliates who submit Virtual Sheet Music pages with their affiliate nickname in the URL to natural search engines such as Google, Bing, and similar will not earn any commission from those links and will be banned permanently from our network. The use of PPC programs targeting specific keywords competing with our natural search results on major search engines such as Google, Yahoo!, and others in order to get commissions on those redirected users is also expressly forbidden. If such keywords include our own trademarks, such as "Virtual Sheet Music" or "Classical Sheet Music Downloads," a trademark infringement will occur, and the current copyright law will be applied and enforced against the offending Affiliate (see point 6 below).
6. Copyrights The Affiliate must be aware that Virtual Sheet Music®, Classical Sheet Music Downloads®, and the Virtual Sheet Music® website(s) and logos are registered trademarks of Virtual Sheet Music, Inc. in the US and in other countries. The Affiliate must always write such trademarks on his/her own website with the required ® mark. The Affiliate is NOT allowed to replicate, duplicate or copy the page design, HTML code and/or contents of the Virtual Sheet Music website pages in their entirety or in part on his/her own website unless expressly agreed with the Virtual Sheet Music administration. The use of our own trademarks (Virtual Sheet Music® and Classical Sheet Music Downloads®) is expressly forbidden on PPC programs such as GoogleAd or similar. Furthermore, the use of HTML frames to make appear Virtual Sheet Music site on a different domain name is considered a copyright infringement and will result in the permanent banning of the affiliate from our network, and any earnings will be forfeited. Any trademark or copyright infringement will be prosecuted by law.
7. Terms of the Agreement The terms of this Agreement begin when Virtual Sheet Music accepts an Affiliate's Program application and will end when terminated by either party at any time, with or without cause, by giving the other party written notice of termination.
8. Modification We may modify any terms and conditions contained in this Agreement at any time and at our sole discretion by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, THE AFFILIATE'S RECOURSE IS TO TERMINATE THIS AGREEMENT. THE CONTINUED PARTICIPATION OF AFFILIATES IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
9. Termination The Affiliate may close his account at any time.
10. Limitation of Liability We will not be liable for indirect, special, or consequential damages or any loss of revenue, profits, or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
11. Disclaimers We make no express or implied warranties or representations with respect to the Program or any products sold through the Program, including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we are not liable for the consequences of any interruptions or errors.
12. Miscellaneous This Agreement is governed by the laws of the United States and the State of California, without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in a Federal or State court located in Los Angeles, California, and the Affiliate irrevocably consents to its jurisdiction. No Affiliate may 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 remain enforceable against the parties and their respective successors and assigns. Our failure to enforce Affiliates' strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce that provision subsequently or any other provision of this Agreement. THE AFFILIATE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS.
