Affiliate Agreement
The following are the terms and conditions of participating in the Mouseflow Affiliate Program. "Affiliate" refers to yourself, and "Mouseflow" refers to Mouseflow, ApS located at Flaesketorvet 68, 1711 Copenhagen V, Denmark.
Payment & Commissions
Mouseflow will pay the Affiliate a monthly commission on each paid customer referred by the Affiliate. By default, the commission rate is set at ten percent (10%) per sale. However, if the Affiliate is a current Mouseflow customer, the commission rate can be negotiated to twenty percent (20%) per sale, based on the Affiliates activity level during the past 90 days. In either case, referrals are tracked using a unique Affiliate Link with a sixty (60) day historical cookie.
Affiliate commission shall be paid on a monthly basis (approximately every 30 days) for the prior period. Payments will be disbursed via Share-A-Sale. Mouseflow reserves the right to modify the payment schedule as long as notice is posted. If the commission does not exceed $30 during the prior period, Mouseflow reserves the right to hold payment until commissions accumulate to the minimum amount.
Although the Affiliate Program is not limited to the U.S. all payments will be made in U.S. dollars.
If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment.
All Affiliates are NOT employees of Mouseflow and are responsible for their own local, state, or country taxes.
All Affiliate applications are subject to approval by Mouseflow.
Both Mouseflow and the Affiliate reserve the right to terminate this agreement at any time. If canceled, outstanding commissions for the current period at the time of cancellation shall be paid in the next monthly payment so long as the rules of this agreement were not violated by the Affiliate.
Affiliate Link
You will be issued a unique "Affiliate Link", or unique URL, which allows Mouseflow to identify visitors from your site as originating from you. Visitors are tracked with this unique URL and recorded with your Affiliate ID. To receive commissions, you must use the provided Affiliate Link. The URL may attached to a variety of media including, but not limited to, banners, images, or text links.
Mouseflow reserves all rights in or to its trademarks and servicemarks, however, they may be used by Affiliate in accordance with this agreement. The Mouseflow trademark may not be used to register internet domain names that may cause substantial confusion with the Mouseflow brand. The affiliate may in no way display the Mouseflow logo, image, or trademark which may be distasteful, defame, or misrepresent.
Affiliate shall not misrepresent Mouseflow's products or services.
Affiliate is solely responsible for ensuring that their Affiliate Link is set up properly to qualify for commissions.
Affiliate may not use their own Affiliate Link to order services from Mouseflow. Doing so will result in immediate reversal of any commission.
Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of Mouseflow products or services. This action WILL RESULT in immediate account termination and cancellation of any pending commissions. Affiliate will also be in violation of the Mouseflow Affiliate Agreement and may be subject to legal action.
Prohibited Activities
Affiliate may not promote Mouseflow by purchasing or commercially targeting keywords, including via Pay-Per-Click (PPC) advertising. This limitation applies to all search engines, websites, and content networks.
Affiliate may not promote Mouseflow on sites that promote illegal activity, sexually explicit material, violence, or discrimination based on race, sex, religion, national origin, or physical disability.
Do not apply if your site promotes these kinds of activities.
By applying, you represent and warrant that you do not (and will not) promote, conduct, or endorse these activities in the course of being an Affiliate.
Term of Agreement
This agreement remains in effect until canceled by either party.
Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the referred Customers. Payment of the final Commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.
Disclaimer
Mouseflow will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, Mouseflow is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.
Privacy
To protect Mouseflow customer privacy, we cannot provide identifying customer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and perhaps other data for your records.
Independent Contractor
The relationship between Mouseflow and Affiliate established by this Agreement is that of independent contractors. Mouseflow and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Affiliate" shall not be interpreted as a legal partner or affiliate, simply as an independent contractor for Mouseflow under this agreement.
Limitation of Damages
Mouseflow shall not be held liable for any indirect, incidental, special, or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if Mouseflow has been advised of the possibility of such damages. Mouseflow aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Mouseflow under this agreement.
Affiliate understands that Affiliate tracking can never be fully accurate and Mouseflow is not responsible for inaccuracies that might occur beyond its control. Tracking of Affiliate sales depends on several factors which are out of the control of Mouseflow. It is the goal of Mouseflow to make Affiliate tracking as accurate as possible, however, Mouseflow cannot guarantee full tracking for situations beyond its control.
Warranty Disclaimer
Mouseflow makes no warranties expressed or implied with regard to Affiliate Program except as outlined in this agreement.
Governing Law
This agreement shall be governed by the laws of Denmark.
