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Congratulations On Choosing To Become An Affiliate... The Legal Guff That You Need To Agree To... AFFILIATE LICENSE AGREEMENT 1 GENERAL This agreement describes the entire terms and conditions which govern your participation in our Affiliate Program available exclusively through the Web site www.wheredidthemoneygo.com. This Agreement is between you and Delta Point Management Pty Ltd ATF Where Did The Money Go Unit Trust (WDTMGO). "Affiliate", "You", and "Your" refer to you, the applicant; "We", "Our" and "Us" refer to WDTMGO; "Services" refers collectively to services offered by WDTMGO; “Software” refers to Where Did The Money Go?TM Management Reporting software. 2 AFFILIATE ARRANGEMENT In return for the payment of an annual membership fee ($55 p.a. inc. GST), affiliates will have access to the following: a) 1 x Full working copy of Software b) 1 x Affiliate Code uniquely identifying the Affiliate c) Commission on any sales of Software where the Affiliate code identifying the Affiliate has been entered into the Promotional Code section of the Software registration screen. 3 RESTRICTIONS ON SOFTWARE USAGE Affiliates must not use the Affiliate copy of Software to provide a management reporting service to 3rd party clients. The Software is provided to enable Affiliates to become familiar with, practice with, and demonstrate to, 3rd party clients with a view to making sales to those 3rd party clients. Should Affiliates use the software to provide management reporting services to 3rd party clients, then all referral fees due in future to Affiliate will be forfeited by ffiliate. 4 NO SPAMMING Promoting our services via unsolicited e-mail is strictly prohibited, and Affiliate agrees to not reference us in any way, shape, or form, in any e-mail that Affiliate sends in which the recipient has not specifically asked to receive it. In the case of mailings, which are conducted by a third party on Affiliate's behalf, Affiliate assumes full responsibility and is advised to perform due diligence to ensure that the mailing list is in fact 100% opt-in. Furthermore, Affiliate may not link to our site from any URL that is promoted via unsolicited e-mail. Affiliate may reference our services in discussion groups, message boards, and USENET newsgroups as long as this is done in a way that does not violate the conditions of participation in the discussion groups, message boards and USENET newsgroups. Affiliate agrees that we will terminate this Agreement and withhold all referral fees due if Affiliate is found in violation of this policy. 5 QUALIFYING SERVICES All Services sold by us to customers originating with Affiliate's Affiliate Code -- and processed via our in-software payment process -- qualify to earn Affiliate referral fees as described below. WDTMGO must receive clear funds into our bank account from the customer prior to payment of referral fees. Any charge backs/refunds made to customers will result in any referral fee due being deducted from any payments due to affiliate. 6 PRICES Prices and fees of our services may be changed at any time, solely at our discretion, by posting the revised prices in our Web site and by informing Affiliate through e-mail. 7 REFERRAL FEE ACCOUNT Affiliate will receive 25% of Software sale price only. Affiliate will not receive additional payment for other products or services purchased. 8 REFERRAL FEE PAYMENTS All referral fee payments shall be paid on or before the last day of each calendar month for the previous month's referral fees, as long as the amount due to Affiliate is more than or equal to $100 AUD. If the amount due to Affiliate is less than $100 AUD, the amount will be carried forward to the next month. Referral fee overpayments may be deducted from future payments or shall be reimbursed by the affiliate. 9 RETURNS AND CANCELATIONS If we have to issue a refund to Affiliate's customer for any reason, the corresponding referral fee(s) will be deducted from Affiliate's next monthly referral fee payment. If the said referral fee(s) are less than the amount due to Affiliate, the Affiliate will be billed for the balance amount. 10 TAX REPORTING Affiliate shall be responsible for all taxes and other similar levies applicable to the referral fees pursuant to any law or regulation. The Affiliate shall report the referral fees to its taxation authorities as required by law. 11 OUR POLICY Every customer who is interested in our products or services are deemed to be our customer. We will be in direct contact with the customer for the purpose of providing service to the customer. Affiliate shall refer all questions, requests or queries regarding our services to us. Affiliate does not have the authority to make or accept any offer on behalf of us. We are not responsible for any representations made by Affiliate which contradict our policies, and our policies will always determine the purchase price and fees of our services. 12 SERVICE INTERRUPTIONS AND TRACKING We will make every effort to ensure that our web site is operational, and to track Affiliate's referred customers. However, certain unavoidable technical difficulties may occasionally cause temporary service and tracking interruptions. Affiliate agrees that we are not liable in any way for such interruptions. 13 REFERENCES/TESTIMONIALS Affiliate agrees to cooperate with us in the development of press releases, testimonies, and other such marketing materials. Affiliate grants us unlimited rights to reference Affiliate in any and all marketing materials, without further compensation. 14 TITLE Title, ownership, and intellectual property rights involved in our Services shall remain with us. 15 COPYRIGHTS Affiliate is responsible for ensuring that Affiliate's advertising obeys all applicable copyright and trademark laws. We are not responsible for Affiliate's misuse of any copyrighted material. 16 LIMITATION OF DAMAGES We shall have no liability for any indirect, incidental or consequential damages, or any loss of revenue arising under or with respect to this agreement or the Affiliate program, even if we have been advised of the possibility of such damages. Affiliate agrees that we are not responsible for any advice or the effects of any advice given to a client on the basis of information generated by WDTMGO. All Affiliates and clients accept any such advice at their own risk. 17 MISCELLANEOUS Affiliate is an independent contractor, and nothing in this Agreement shall create any form of partnership, joint venture, franchise, agency, or employment relationship between the parties. Affiliate will not be treated as our employee. Affiliate shall not assign this Agreement, by operation of law or otherwise, without our prior express written consent. Subject to the foregoing, this Agreement is binding upon, insures to the benefit of, and is enforceable by the parties and their respective successors and assigns. 18 TERMS AND TERMINATION We have the right to terminate this Agreement at any time, either due to breach of its terms or otherwise, by notifying the Affiliate through e-mail. Please note that it is our intention never to terminate the Affiliate Program. However, we reserve the right to do so in response to changes in market conditions. The Affiliate may terminate the Agreement at any time by notifying us through e-mail. If the Agreement has not been terminated due to breach of its terms, the final referral fee payment to Affiliate will be made to Affiliate within a reasonable period of time. If the Agreement has been terminated because of breach of its terms by the Affiliate, the Affiliate will automatically forfeit any referral fees then receivable or receivable in the future. Once the Agreement has been terminated by either party, any referral fees generated subsequently either by existing customer renewal or new sales using the Affiliate code will not be payable to the terminated Affiliate. 19 AGREEMENT MODIFICATION AND APPLICATION We may, in good faith, modify any of the terms and conditions contained in this Agreement (including, but not limited to, the Referral Fee Amounts), at any time and in our sole discretion, by posting a change notice or a new agreement in this Web site or by informing Affiliate through e-mail. It is our intention to keep Referral Fee Amounts as stated. However, we reserve the right to alter the Referral Fee Amounts at any time. Any credit accumulating after such change will be at the new rate, i.e., the Affiliate is not guaranteed to have the same rate as the one started with. This is not a loophole to defraud Affiliates, but a way for us to prepare for anything unforeseeable in the rapidly changing world of the Internet and electronic commerce. If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. The Affiliate's continued participation in the Program following the said posting of a change of notice or new agreement shall constitute binding acceptance by the Affiliate of the change. If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. 20 INDEPENDENT INVESTIGATION Affiliate acknowledges that it has reviewed this Agreement and agrees to all its terms and conditions. The Affiliate understands that we may at any time solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with the Affiliate's Web site. The Affiliate has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement. This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. 21 CONTACT INFORMATION If you have any questions about this license agreement, or if you want to contact WDTMGO for any reason, please direct all correspondence to: WDTMGO Suite 1, 9 Hibiscus Street, WANTIRNA  VIC  3152, Australia 22 AGREEMENT EXECUTION By clicking on the “I agree” button below, you are agreeing to the terms and conditions above. Clicking on the “I agree” button below will take you to a payment screen. Once payment has been received, we will issue you with your Affiliate code which will unlock your software for 12 months, and allow you to start generating commissionable sales using your Affiliate code. Want to see some screen  shots? Made with Xara Web Designer