AFFILIATE MARKETINGAGREEMENT, PAGE SEPARATOR, INC
By accepting our terms and conditions you are creating to and agreeing to our affiliate marketing contract. This agreement is between you and Page Separator, Inc (hereafter referred to as the "Company") and you will be, (hereafter referred to as an “Affiliate”).
WHEREAS the Affiliate wishes to participate in the indirect sale of the software products that are manufactured and/or are patented and manufactured, and for which the affiliate will be paid
a fee for its service.
WHEREAS the Affiliate acknowledges that the Company has certain requirements and rules that must be adhered to by the Affiliate in order to participate in the indirect sale of its products and
WHEREAS the Affiliate also acknowledges that the Company advertises and sells these products as well as do other affiliates on various websites and at various trade shows which may also be attended by the affiliate.
THEREFORE, the Company will limit itself to being at the National Notary Association Show. As a result, the Affiliate agrees that it will not show Page Separator products at these shows without the expressed permission of the Company in writing. The Company and the Affiliate further agree as follows:
REQUIREMENTS OF THE AFFILIATE
The affiliate marketer will utilize a portion of their website or various media to cause direction of their internet or media customers or partners to the Page Separator WEBSITE (www.pageseparatorsoftware.com). The Affiliate Marketer will at a minimum advertise on his website.
When the affiliate causes direction from their site to the Page Separator Website where a sale is made; this will create a payment of 20% (or an agreed upon percentage based on the affiliates depth in their marketing plan) of the gross sale to the Affiliate Marketer whose name or company name appears on this contract. If the percentage is higher than 20% it must be granted in writing from the owner of Page Separator, Inc.
The payment will be made to the Affiliate Marketer on the 20th day of the following month through ShareASale. Shareasale maintains all commission records, and is solely responsible for the payment of commissions. The only exception to this, is that the money will be coming from Page Separator’s Bank Account.
If a chargeback of goods occurs, the Affiliate Marketer may have this chargeback credited against their account. It is standard policy that Page Separator, Inc. will absorb the occasional refund or charge back. If the refund is due to or can be traced back to “misleading or false advertising by the affiliate, then the affiliate will be 100% responsible for the charge backs. In addition to any legal action taken from the cause of false advertising.
Or if requested by the Company he will return the Company a valid check for the amount paid to them for their direction service (the amount paid for this service to the Affiliate Marketer originally).
REQUIREMENTS OF THE COMPANY
The Company will provide a website for its products to be viewed by anyone with internet access. The Company will update its website when necessary at its sole discretion. The Company has the authority to stop the Affiliate from advertising in such a way that it feels might be detrimental to the Company’s product. Any advertising by the Affiliate other than direction to the Page Separator website must be approved, in writing, by the Company prior to its use. Failure to do so will be considered a breach of this agreement and will result in immediate termination. If an initial customer comes through an Affiliates website, and an order is placed, due to that referral to the Company, any subsequent order attempted to be placed with the Company, will be credited to the Affiliate at a 20% (or an agreed upon rate) rate as long as there is an current agreement in place between the Affiliate and Company at the time of order.
WAIVER
If you breach a provision of this Agreement and if the Company ignores the breach, this shall not mean that the Company has waived the breach. If the Company expressly waives a breach by you of any provision of this Agreement, this waiver shall not mean that the Company waives its rights as to any subsequent breach.
ATTORNEY’S FEES
If the Company is forced to enforce this Agreement or any part of this Agreement, whether or not through litigation, the prevailing party shall be entitled to receive reasonable attorney's fees and all costs incurred in connection with such enforcement, including the costs of appeal.
COPYRIGHT AND OWNERSHIP RIGHTS
You agree that any marketing materials, graphics, product ideas, copyrights, patents, and other creative works developed for Page Separator Inc. for the purpose of marketing Page Separator products are the sole property of Page Separator Inc.
VENUE
You agree that the sole and exclusive jurisdiction and venue for any and all suits and special proceedings arising out of, in connection with or by reason of this Agreement, shall be the appropriate court of competent jurisdiction located in Santa Ana, CA.
ENTIRE AGREEMENT
This Agreement sets forth the entire understanding of the parties and supersedes all prior and contemporaneous agreements or understandings between the Affiliate Marketer and the Company. No covenant, representation or condition not expressed in this Agreement shall offset or be effective to This Agreement may not be changed except by a written document signed by all the parties hereto.
THE AFFILIATE MARKETER AND THE COMPANY (BY THEIR ACCEPTANCE OF THIS AGREEMENT) EACH HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLYWAIVETHE RIGHT EITHER MAY HAVE TO TRIAL BY JURY IN RESPECT OF ANY LITIGATIONBASED HEREON, OR ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT AND ANY AGREEMENT CONTEMPLATED TO BE EXECUTED IN CONJUNCTION HEREWITH OR THEREWITH.
IN ANY AND ALL LEGAL PROCEEDINGS ARISING FROM AND RELATING TO THEFORMATION, INTERPRETATION, PERFORMANCE OR BREACH OF THIS AGREEMENT, NO PARTY MAY PERMISSIBLY JOIN ANY THIRD PARTY IN TO ANY SUCH ACTION UNLESS SUCH THIRD PARTY IS DETERMINED BY THE COURT IN WHICH THE ACTION IS PENDING TO BE AN INDISPENSABLE PARTY. THIS PROVISION SHALL APPLY TO ANY COMPLAINTS OR CLAIMS, COUNTERCLAIMS, CROSS CLAIMS, THIRD PARTY CLAIMS OR ANY AND ALL SIMILAR OR LIKE TYPE CLAIMS AND DEFENSES, INCLUDING BUT NOT LIMITED TOACTIONS FOR SUBROGATION, CONTRIBUTION AND INDEMNIFICATION.
THIS AGREEMENT IN ITS ENTIRETY CONSISTS OF 3 PAGES WHICH I HAVE READ FULLY AND UNDERSTAND COMPLETELY.
Page Separator, Inc.
13700 Alton Pkwy, Ste 154-150
Irvine, CA 92618
