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TERMS AND CONDITIONS

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Affiliate Agreement and Program Policy
 

Welcome to the Cradoc Corporation Affiliate Agreement ("Agreement"). This Agreement sets forth the terms and conditions under which Cradoc Corporation makes the Cradoc Corporation Affiliate Program ("Affiliate Program") available to you. By filling out the signup form and becoming a Cradoc Corporation Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.
 

Reservation of Rights

Cradoc Corporation reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Cradoc fotoSoftware Affiliate Program web site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Cradoc fotoSoftware Affiliate Program web site will constitute binding acceptance of the changes.



 

1. Enrollment in Affiliate Program
1.1 To begin the enrollment process, Affiliate will submit and complete Affiliate Program application. Cradoc Corporation will evaluate Affiliate's application and notify you of your acceptance or rejection of your application. Cradoc Corporation may reject your application and reserves the right to terminate this Agreement for any reason with or without notice to Affiliate including but not limited to a determination that the Affiliate web site is unsuitable for or incompatible with the Program. If you receive a personal invitation for the Affiliate Program, the approval process is automatic.



1.2 You must provide Cradoc Corporation with accurate and complete contact and payment information when you open an Account. You must immediately notify Cradoc Corporation if any of your contact or payment information changes. If you do not provide Cradoc Corporation with accurate and updated contact information, you may not be eligible to receive commissions based on your participation in Affiliate Program.



1.3 Cradoc Corporation will only knowingly provide Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13.



 

2. Promotion, Links
2.1 Affiliate agrees to promptly post at least one Link, the "Affiliate Link(s)", to the Cradoc Corporation web site at one (or more) web sites owned or operated by Affiliate, the "Affiliate Web Site(s)", in no event later than seven (7) business days following Cradoc Corporation acceptance of Affiliate into the Program. Affiliate Links may not be placed in newsgroups, unsolicited e-mail, chat rooms, banner networks, or guest books. Any Affiliate Link placed must be done so in such a way that it is not misleading to any Affiliate Originated Visitor and done so with the intention of delivering users to the Cradoc Corporation web site for that Link.



2.2 Affiliate acknowledges that the Affiliate web site will include the Cradoc Corporation Brand Features, and Affiliate has no right to alter, remove, or customize the Cradoc Corporation Brand Features.



2.3 Brand name bidding is not allowed for members of the Cradoc Corporation Affiliate Program. Brand names are company name (cradocfotosoftware.com), product names and their variations. Bidding on these terms is restricted on all search engines and search networks.

2.4 Affiliate will not use or display the Link(s) or the Cradoc Corporation Brand Features in a manner that is defamatory, misleading, libelous, and obscene or otherwise potentially damaging to the reputation of Cradoc Corporation, or the goodwill associated with the Cradoc Corporation Brand Features.





3. Affiliate Obligations and Restrictions

3.1 Affiliate will be solely responsible for the development, operation and maintenance of Affiliate web site and for all materials that appear on Affiliate web site, including but not limited to:



(3.1a) The accuracy and appropriateness of materials posted on Affiliate web site.



(3.1b) Ensuring that materials posted on Affiliate web site do not violate or infringe upon the rights of any person or third party.



3.2 Affiliate agrees to refrain from the following:



(3.2a) Purchasing and/or using domain name(s) that incorporate any portion of the Cradoc Corporation Brand Features.



(3.2b) Purchasing any search engine keywords that outrank and/or outbid any of the Cradoc Corporation Brand Features.



(3.2c) Identifying the Affiliate web site as an "official site" ("Affiliate" or "Authorized Affiliate" are permitted uses). Make sure that your site does not copy or resemble the look and feel of the Cradoc fotoSoftware main web site or the Cradoc fotoSoftware Affiliate Program website. Changing any Cradoc Corporation product price and/or offering any additional Affiliate discounts or rebate on any Cradoc Corporation product. 


(3.2d) Affiliate hereby agrees to indemnify, defend and hold harmless Cradoc Corporation, its shareholders, officers, directors, employees, agents, partners, successors and assigns, from and against any and all claims, losses, liabilities, damages or expenses (including, without limitation, attorneys' fees) arising from the development, operation, maintenance and contents of Affiliate web site.



 

4. Customers Purchasing via Affiliate Program

4.1 Cradoc Corporation will process all product orders placed by customers who follow Special Links to the Cradoc Corporation web site ("Customers"). Cradoc Corporation reserves the right to reject orders that do not comply with any requirements that Cradoc Corporation has and may periodically establish. Cradoc Corporation will be responsible for all aspects of order processing and fulfillment.



4.2 Customers who buy products through the Affiliate Program will be deemed to be customers of Cradoc Corporation. Accordingly, all of the Cradoc Corporation rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Cradoc Corporation may change the Cradoc Corporation policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Cradoc Corporation will use commercially reasonable efforts to present accurate information, but Cradoc Corporation cannot guarantee the availability or price of any particular product.



4.3 Cradoc Corporation will only knowingly provide Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13.





5. Commissions
5.1 Whenever a customer orders through your Affiliate link, the sale will be logged and attributed to you. You can check your commission status and web traffic stats online at any time.



5.2 Cradoc Corporation will pay you a commission on qualifying sales originating from Cradoc Corporation Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule.



5.3 Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected or cancelled for any reason.



5.4 Cradoc Corporation is not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.



5.5 If a transaction incurs a refund, charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions.



5.6 Affiliate may be taxed on the accrual of Commissions or Bounties, depending on the tax laws of Affiliate's federal, state, and local jurisdictions. Affiliate shall be responsible for any and all tax liability arising out of your accrual or receipt of Commissions or Bounties and Affiliate hereby agrees to indemnify and hold Cradoc Corporation harmless from any and all claims, damages and expenses (including, without limitation, attorneys' fees) arising from such tax liability.



 

6. Affiliate Program Termination

6.1 This Agreement will become effective on the Effective Date and ends when terminated by either party in accordance with this Agreement. This Agreement may be terminated:



(6.1a) By Cradoc Corporation, with or without cause, and with or without notice to Affiliate.



(6.1b) By Affiliate, with or without cause, by removing the Cradoc Corporation Brand Feature from the Affiliate web site, and notifying Cradoc Corporation of its intention to terminate the Agreement.

Upon termination or expiration of the Agreement:



(6.1c) All licenses granted herein shall terminate.



(6.1d) Affiliate shall immediately remove any Affiliate Link(s) and Cradoc Corporation Brand Features from Affiliate web site.



(6.1e) Cradoc Corporation will pay Affiliate any accrued and unpaid Fees.



6.2 You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Cradoc Corporation may withhold your final payment for a reasonable time to ensure that the correct amount is paid.



 

7. Confidentiality

7.1 Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its Affiliates.



 

8. Limitation of Liability, Disclaimers

8.1 Cradoc Corporation will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.



8.2 Cradoc Corporation makes no express or implied warranties or representations with respect to the Cradoc fotoSoftware web site or the Cradoc fotoSoftware Affiliate Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

 

9. Authority, Publicity

9.1 You are an independent contractor and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Cradoc Corporation. You will have no authority to make or accept any offers or representations on our behalf.



9.2 Affiliate shall not create, publish, distribute, or permit any written material that makes reference to Cradoc Corporation without first submitting such material to Cradoc Corporation and receiving written consent from Cradoc Corporation.



 

10. Assignment

10.1 You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assigns.



 

11. Anti-Spam Policy
11.1 Cradoc Corporation affiliates are not allowed to use UCE (unsolicited commercial email), also known as "spam", to promote their Cradoc Corporation affiliation. Affiliates are also prohibited from using advertising tactics which involve taking information from users computers, a.k.a. invasion of privacy.



11.2 Any member of the affiliate program who violates this policy is subject to have their Cradoc Corporation affiliate program membership revoked. If you know of a member who has used UCE to promote the Cradoc Corporation products, please notify us. Be sure to include the affiliate's webpage URL and a copy of the UCE email message for our review.


 

12 Miscellaneous
12.1 YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.