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McWeb Software Referral Partner Program Terms and Conditions

The following are the terms and conditions of participating in the McWeb Software Referral Partner Program.

Definitions

"Referral Partner" refers to yourself, and
"Referral Link" refers to the unique URL link from Referral Partner's Web site to McWeb Software's Web site
"McWeb Software" refers to McWeb Software, located at 42 Hobart Street, Brighton, MA 02135 USA


Commission
  • McWeb Software will pay "Referral Partner" a 40% commission of each qualifying McWeb Software product sale identified by McWeb Software as a visitor from Referral Partner's Web site by using their Referral Link.

  • Sale is total amount of the sale of the software (not including sales tax and shipping charges).  Commission applies only to sales of McWeb Software products and does not include sales of any other products or services. Commission applies to sale price if products are sold at a discount or on-sale.

  • Only one commission will be paid per product sale. i.e., If a visitor comes to McWeb Software from more than one Referral Partner Web site over a period of time before purchasing, only the first Referral Partner shall receive the commission.  Also, commission applies only to the first sale made by Referred customer.  Commissions are not paid on subsequent sales to the same customer.

  • Referral Partner cannot refer himself or herself for a product sale.

  • Referral Partner commission shall be paid by McWeb Software every 30 days, approximately 15 days after the prior period.  Periods begin on the first of each month and end on the last day of the month.  McWeb Software reserves the right to modify the payment schedule as long as Referral Partners are informed. If commission is less than $30 for a particular period, McWeb Software will hold payment until commissions accumulate to at least $30 or until 90 days after the period, whichever occurs sooner.

  • All payments will be made in U.S. dollars by company check.

  • If a qualifying sale is canceled or refunded, the related commission will be deducted from the next Referral Partner payment.

  • Commissions will be paid for Referred sales for as long as Referral Partner actively participates in Program and maintains the Referral Link and this agreement is not canceled by either party.  If this agreement is canceled, outstanding commissions accumulated until time of cancellation shall be paid 90 days after time of cancellation as long as the agreement terms and conditions were not violated by Referral Partner.

  • As required by U.S. Law, U.S. Residents will be required to sign a W-9 form for the Internal Revenue Service before McWeb Software can pay accumulated payments for a calendar year beyond $600 per Referral Partner.

  • McWeb Software will not provide customer names and contact information to you in order to protect customer privacy.  McWeb Software will provide a report with each Referral Partner payment stating price, product, and date of sale for your records.


    Referral Link

  • You will be issued a "Referral Link", or unique URL, which allows McWeb Software to identify visitors from your Web site as originating from you.  These visitors are tracked using "cookies".  As long as a visitor has a Web browser which supports "cookies" (most do) and they have not disabled the ability for their browser to accept "cookies", McWeb Software will be able to identify the visitor as originating from you.

  • You may remove or add your link to McWeb Software's Web site at any time without permission.  To receive Commissions, you must use the provided referral link.

  • The link may be a textual or image link.  Referral Partner is solely responsible for insuring that their Referral link is setup properly on their Web site.

  • McWeb Software reserves all rights to its trademarks. Referral Partner may use McWeb Software trademarks in accordance with this agreement as long as Referral Partner doesn't display a McWeb logo, image, or trademark which may be distasteful, defame, or misrepresent McWeb Software or its products.

  • Referral Partner agrees to NOT SEND UNSOLICITED or SPAM email to promote McWeb Software products. This action is ground for immediate termination of your account with a cancellation of any pending commissions.  Your unsolicated e-mail may damage the image of McWeb Software and will result in legal action.


    Non-Qualifying Sites

    Sites that promote:
    • sexually explicit material or violence,
    • discrimination based on race, sex, religion, national origin, and physical disability,
    • illegal activities
    do not qualify as a Referral Partner. Do not apply to McWeb Software's Referral Partner Program if your Web site promotes these activities.  By applying to our program, you are stating that your Web site does not directly promote or endorse these activities.


    Disclaimer

  • McWeb Software will make every reasonable effort to track and pay commissions for all sales that apply to Referral Partner.  McWeb Software is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control which may negatively affect this service.

  • McWeb makes no warranties expressed or implied with regard to Partner Referral Program except as outlined in this agreement.


    Relationship

    The relationship between McWeb and Partner established by this Agreement is that of independent contractors. McWeb Software and Referral Partner shall each conduct its respective business at its own expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein.  "Referral Partner" shall not be interpreted as a legal partner.


    Limitation of Liability
  • McWeb Software shall not be held liable for any damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if McWeb Software has been advised of the possibility of such damages.  McWeb Software total liability arising under or with respect to this agreement shall in no event exceed the total commissions paid or payable by McWeb Software under this agreement.

  • Referral Partner understands that tracking can never be 100% accurate and McWeb Software is not responsible for inaccuracies that might occur beyond its control. Tracking of Referral sales depend on the referred visitor accepting the 'cookie' upon clicking on the referral link and ordering using McWeb's secure online order form or using the same browser that they originally used when clicking on the Referral Link. It is McWeb Software's goal to make tracking as accurate as possible.

    This agreement remains in affect until cancelled by either party.
    This agreement shall be governed by the laws of the State of Massachusetts and the United States.



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