AFFILIATE AGREEMENT SOFTMAILER.COM
To Our visitors, Users, and Customers,
Thank You. The Softmailer.com Team October 5, 2017
We are providing the following definitions which are used in this Agreement, to make it easy for you to read and understand.
- Affiliate: Any person or company (associate) that markets Softmailer.com services in exchange for a commission.
- Affiliate Agreement: Agreement governing our business relationship.
- Content: All files, data, information that a customer uploads or downloads from the Softmailer.com website.
- Customer: A paid or free user of Softmailer.com website & services.
- Softmailer.com Intellectual Property: Our software; platform; programming & code; website; logos; slogans; trademark; service marks; & copyrights
- Softmailer.com: Our company, owners, employees, and agents.
- Submissions. Files, data, information, code, and other content uploaded or downloaded to/from the Softmailer.com platform. This includes and is not limited to: photographs; pictures; illustrations; videos; mp3; text; digital recordings; files; or other data.
- Third-party website: And website links, hyperlinks, located in or on the Softmailer.com website that redirects customers to other websites.
- Visitor: Anyone who visits the Softmailer.com website.
Anyone can become an affiliate of Softmailer.com providing: they are over the age of 18; and are not under contract preventing them from marketing Softmailer.com services. Affiliates market and advertise our platform and services in exchange for a commission.
Customers and Users can register to become Softmailer.com Affiliates through our website by simply checking the link in their account menu. As a Softmailer.com Affiliate, you can receive up to a 50% (fifty-percent) commission on any paid subscription fee from paid customers referred to our company and services. Referral commissions are paid via PayPal, and distributed the subsequent month of receiving Customer Subscriptions. The benefits of becoming a Softmailer.com Affiliate are:
- a. Affiliates receive a 50% (fifty-percent) referral commission on all paid subscriptions.
- b. Commissions can be used to pay your personal subscription and fees, or for other Softmailer.com services.
- c. Commissions are paid through your PayPal account (less processing fees).
3. Subscription Payment
Please note that a minimum of (1) year subscription paid per customer will be held by Softmailer.com in order to cover the Affiliate's annual Subscription obligation. If Affiliates ask us to transfer funds from their Softmailer.com Affiliate account to their PayPal account, and the amount is less than $100.00 U.S. Dollars, then the Affiliate will incur a $10.00 processing fee.
4. Closed Accounts
Referral fees will not be paid on cancelled or terminated accounts.
5. Billing Dispute
If at any time you believe there is an error or mistake in any calculation of your commission, or the amount of commission paid, please open a Support Ticket in your account menu from the Softmailer.com platform. Include your username; date; and description of error. We will investigate and respond as soon as possible.
1. Independent Contractors
All Softmailer.com Affiliates are considered independent contractors and are never to be considered employees; or agents. Nor are Affiliates entitled to benefits which are reserved only for owners or employees of Softmailer.com.
1. How to Cancel
If at any time you decide you no longer wish to be a Softmailer.com Affiliate, simply send us a written email notice to our Customer Service Department, requesting your Affiliate status be cancelled.
Users, Affiliates, and Customers agree to defend, indemnify, and hold harmless Softmailer.com, it's owners; directors; employees; and agents; from all: claims; losses; damages; injuries; actions; third-party claims; expenses; or liabilities; that arise from or relate to their using or accessing our website; platform; content; or services. This also applies to unforeseen third-party claims.
VI. Limited liability
Affiliates understand and agree that they assume all risk and responsibility when using our: website; platform; content; and/or services. Our company, its' owners; employees; or agents will not be liable for any: incidental; indirect; direct; punitive; exemplary; or consequential damages.
The disputing party shall send the non-disputing party a thirty (30) day Notice of Intent prior to filing a Mediation claim, giving the parties the ability to resolve the dispute before Mediation. Notices shall be served as provided within this Agreement. Upon filing of the complaint, Mediation shall be conducted via accepted Arbitration Rules.
If the parties are unable to find a resolution with mediation, or do not agree with the decision of the Mediator, either party may file a claim with the appropriate Court having jurisdiction in Slovakia. The Claimant must follow the procedures outlined in #2 above, and include a description of the dispute or claim within the Notice and give the non-claiming party a 30 day grace period to cure a breach of contract, or resolve the dispute. Failure to provide Notice may void the Claimant’s right to file a claim in Court.
The prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.
Any Notice that is required in this Agreement must be in writing and sent to parties as follows:
- a). Notice can be delivered via: email; fax; Postal Service; or overnight/special courier. Affiliates and customers can opt out of email notifications by sending a Support Ticket to Customer Service through their SoftMailer.com Account Menu.
- b). All other Notices are to be sent to the last known address or email address for Softmailer.com; or to the Affiliate’s last known address/email address.
Effective Date: Oct. 05. 2017
If any clause or paragraph in this agreement is considered unenforceable or invalid under any law or statute, or made invalid by an Order of a Court of law, the invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of this agreement.
X. Governing law
You can contact Softmailer.com at:
Effective Date: Oct. 05. 2017