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Terms & Conditions This is an Agreement between you, the Affiliate (hereafter “Affiliate”), and LIKNO SOFTWARE (hereafter "LIKNO SOFTWARE"), located at D. Ralli 52, Athens 11526, Greece. The Agreement is effective as part of the LIKNO SOFTWARE Affiliate Program. By filling out the signup form, the Affiliate will automatically become an applicant of the LIKNO SOFTWARE Affiliate Program and is bound by the terms of this agreement within approval of the application. The Affiliate's participation in LIKNO SOFTWARE's Affiliate Program is solely for the purpose of legally advertising LIKNO SOFTWARE's website (or product websites) and products in order to receive a commission on products purchased by referred individuals. NON-EXCLUSIVE AFFILIATE-RESELLER APPOINTMENT LIKNO SOFTWARE appoints the Affiliate as a "Non-Exclusive Affiliate" for the licensing of LIKNO SOFTWARE products as subject to the provisions of this Agreement. AGREEMENT DURATION This Agreement will begin upon LIKNO SOFTWARE's acceptance of the Affiliate's application and will end when terminated by either party. All Affiliate Program applications are subject to approval by LIKNO SOFTWARE. MODIFICATION LIKNO SOFTWARE may modify any of the terms and conditions within this Agreement at any time and at its sole reasonable discretion by posting a notice or a new LIKNO SOFTWARE Affiliate Program Agreement on LIKNO SOFTWARE's site (or its product sites). These modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures and the LIKNO SOFTWARE Affiliate Program rules. If any of the modifications are not accepted by the Affiliate, the Affiliate must terminate this Agreement. If the Affiliate continues participating in the Affiliate Program after the posting of the notice or new LIKNO SOFTWARE Affiliate Program Agreement on LIKNO SOFTWARE's site (or its product websites), then it will be considered as a binding acceptance by the Affiliate of the change(s) made. AFFILIATE LINK The Affiliate will be issued a unique "Affiliate Link", which is a special URL link (whether in graphical, text or other format) to be placed on the Affiliate's website that allows LIKNO SOFTWARE to identify the visitors referred by the Affiliate website to LIKNO SOFTWARE's website (or LIKNO SOFTWARE product websites). Each sale or referral that is generated from this unique "Affiliate Link" will be attributed to the Affiliate. To receive commissions, the Affiliate must use the provided unique "Affiliate Link". The Affiliate is solely responsible for ensuring that the "Affiliate Link" is setup properly to qualify for commissions. The Affiliate may post the "Affiliate Link" on as many pages of its website. The position, prominence and nature of links on the Affiliate’s website shall comply with any requirements specified in this Agreement, but otherwise will be in the discretion of the Affiliate.
TRACKING OF SALES The Likno Software Affiliate Program is powered by Post Affiliate Pro, the leading affiliate tracking software. Post Affiliate Pro uses a combination of cookies and IP address to track referrals for best possible reliability. When the visitor follows the Affiliate Link to the Likno Software sites, the affiliate system registers this referral and places a cookie on his or her computer. When the visitor pays for the product, the affiliate system checks for the cookie (if not found, checks for IP address of referral) and credits the Affiliate the applicable commission. According to statistics, over 99% of visitors will be tracked by cookies, while the remaining 1% will still be tracked by using advanced HTML and PHP scripting. This process is absolutely automatic and all referrals will be properly tracked. Cookies are set to expire within 180 days. This means that any sale made by a visitor that was referred through the Affiliate Link up to 179 days ago will be credited to the respective Affiliate. The latter statement is void in the case that during those 179 days, the customer came again through the Affiliate Link of another Affiliate, in which case that customer will be credited to the last Affiliate. The Affiliate will be responsible for ensuring that the Affiliate Link is formatted properly, a necessary prerequisite for Likno Software to track such sales. Statements of referred sales activity will be provided to Affiliate. All statements after 30 days shall be deemed correct unless Affiliate give Likno Software notice of any error prior to that date. Likno Software shall not be responsible for any errors the Affiliate or Affiliate customers make which result in any loss of any tracking information contained in the Affiliate link. Likno Software does not have any obligation or liability to pay referral fees for purchases made from which cookies are not reasonably traceable by Likno Software. To protect Likno Software customers' privacy, the names or other personal information about specific customers will not be provided to Affiliate.
PAYMENTS AND COMMISSIONS Commissions will be paid in U.S. currency within 15 days of the first of the month for commissions due for the previous month. LIKNO SOFTWARE is not responsible for paying interest to the Affiliate for accrued but not yet delivered commission payments. Any refunds and chargebacks to a customer, referred through the "Affiliate Link", will be deducted from the commission(s) that have been credited. All determinations whether a commission is payable will be made by LIKNO SOFTWARE and will be final and binding on both LIKNO SOFTWARE and the Affiliate. Prices for the products will be determined by LIKNO SOFTWARE in its sole reasonable discretion and a notice will be posted on LIKNO SOFTWARE’s website (http://www.likno.com), or its product websites. If the commission total amount does not exceed $100 for prior period, LIKNO SOFTWARE reserves the right to hold payment until commissions accumulate to $100 or more. Commissions are subject to the following "Annual Target" rule: Within a year (since your signup or automatic renewal) you should have generated at least $85 in commissions or 3 transactions, whichever comes first. If this "Annual Target" is not met, you are not entitled to those commissions for that year and your commissions will reset to zero for failing to meet the minimum affiliate requirements. Your affiliate status will remain active and you will continue to receive commissions towards achieving your target the following year. Both LIKNO SOFTWARE and the Affiliate reserve the right to terminate this agreement at any time. If cancelled, outstanding commissions for current period at time of cancellation shall be paid in the next monthly payment so long as the "Annual Target" is met and the Agreement is not violated by the Affiliate. If the Annual Target is not met, the Affiliate is not entitled to be paid the outstanding commissions. Commissions are paid only for purchases of products. Commissions are not issued for purchases of product updates or upgrades, extended support, customizations (development of additional features) or services. Due to the use of multiple registration services and payment methods, a commission is not granted upon completion of a financial transaction (order), but rather when the customer enters her Likno User Area OR activates the product, for the 1st time after her purchase. Either of the above conditions indicates that the user actually purchased the product and the Affiliate gets the appropriate commission immediately. All Affiliates are NOT employees of LIKNO SOFTWARE and are responsible for their own local, state, or country taxes. A. AFFILIATES LIKNO SOFTWARE agrees to pay the Affiliate the corresponding commission for the sale of LIKNO SOFTWARE products subject to this Agreement that originate via the "Affiliate Link".
B. SUB-AFFILIATES (second-tier commissions) An Affiliate may sign-up Sub-Affiliates to the LIKNO SOFTWARE Affiliate Program. A Sub-Affiliate is defined as an Affiliate that joins LIKNO SOFTWARE’s Affiliate Program on reference of another Affiliate. LIKNO SOFTWARE agrees to pay the Affiliate the corresponding commission for the sale(s) of LIKNO SOFTWARE products subject to this Agreement that originate(s) from Sub-Affiliates (via the "Sub-Affiliate Link"). The second-tier commission granted to the Affiliate for the sale of a LIKNO SOFTWARE product by customers originating from Sub-Affiliates (referred via the “Sub-Affiliate Link”) based on this Agreement is 5%. AFFILIATE RESPONSIBILITIES The Affiliate agrees not to make any representations, warranties or other statements concerning LIKNO SOFTWARE, its site, or any of the LIKNO SOFTWARE products or services (and corresponding websites), or LIKNO SOFTWARE policies, except as expressly authorized by this Agreement. The Affiliate is responsible for notifying LIKNO SOFTWARE of any malfunctioning of the “Affiliate Link” or any problems with the Affiliate’s participation in LIKNO SOFTWARE's Affiliate Program. LIKNO SOFTWARE will respond within reasonable time to all concerns upon written or email notification by the Affiliate. The Affiliate shall always maintain the quality of its services at a level satisfactory to LIKNO SOFTWARE. LIKNO SOFTWARE shall at times have the right to review the Affiliate’s activities related to this Agreement. The Affiliate agrees not to bid on the LIKNO SOFTWARE Company name or any common misspelling, or confusingly similar name, on any pay-for-placement search engine, including, but not limited to Overture.com, Findwhat.com, and Google.com. Affiliate agrees to comply with the LIKNO SOFTWARE Company Privacy policy, which is located at http://www.likno.com/privacy.html Likno Software reserves all rights in or to its trademarks and servicemarks but may be used by the Affiliate in accordance with this Agreement. The Affiliate may in no way display a LIKNO SOFTWARE company or product logo, image, or trademark which may be distasteful, defame, or misrepresent. The Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of LIKNO SOFTWARE products or services. This action will result in immediate termination of the Affiliate’s account with a cancellation of any pending commissions. The Affiliate will also be in violation of the LIKNO SOFTWARE Affiliate Agreement and subject to legal action. Product prices may vary from time to time. Because price changes may affect products that Affiliate has listed on her site, the Affiliate's site may not show prices of Likno Software products. ACCESS TO STATISTICS LIKNO SOFTWARE will provide the Affiliate with a User Name and Password so that the Affiliate may log in to the Affiliate account at http://www.liknoaffiliateservices.com/af/affiliate. Through the Affiliate Account, the Affiliate will be able to access information including, but not limited to referrals, products sold, and commissions attributed. Furthermore, the Affiliate will also be able to edit the Affiliate Account settings and preferences as well as access graphic/text links. ORDER PROCESSING LIKNO SOFTWARE will be solely responsible for processing every order placed by a customer referred by the Affiliate. Customers referred by Affiliates who purchase LIKNO SOFTWARE products will be deemed to be customers of LIKNO SOFTWARE. Prices and availability of LIKNO SOFTWARE products and services may vary from time to time. LIKNO SOFTWARE policies will always determine the price paid by the customer. LIKNO SOFTWARE reserves the right to reject any order that does not comply with LIKNO SOFTWARE rules, operating procedures and policies. WEBSITE RESTRICTIONS - PROHIBITED WEBSITES LIKNO SOFTWARE reserves the right not to accept any site to the LIKNO SOFTWARE Affiliate Program based on site content. Sites that do not qualify for the LIKNO SOFTWARE Affiliate Program include, but are not limited to, sites that are:
INDEMNIFICATION The Affiliate agrees to indemnify, defend and hold harmless LIKNO SOFTWARE and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein. CONFIDENTIALITY Except as otherwise provided in this Agreement or with LIKNO SOFTWARE’s prior written consent, the Affiliate agrees that all information including, but not limited to, the terms of this Agreement, LIKNO SOFTWARE's business and financial information, its customer lists, and its pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by the Affiliate 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 the Affiliate. Notwithstanding the foregoing, the Affiliate may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process. LIKNO SOFTWARE shall own and retain all right, title and interest in all names, addresses and other identifying information of customers visiting LIKNO SOFTWARE sites (as know as Customer Data) which is collected by LIKNO SOFTWARE, including without limitation, customers who access LIKNO SOFTWARE sites through the unique "Affiliate Link", and the Affiliate shall have no right to use any such Customer Data. PROMOTIONAL MATERIALS LIKNO SOFTWARE shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to LIKNO SOFTWARE's website in a manner specified by LIKNO SOFTWARE (the "Affiliate Link"). USE OF PROMOTIONAL MATERIALS The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications: RELATIONSHIP OF PARTIES This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between LIKNO SOFTWARE and Affiliate. Affiliate shall provide services for LIKNO SOFTWARE as an independent contractor. Affiliate shall have no authority to bind LIKNO SOFTWARE into any agreement, nor shall Affiliate be considered to be an agent of LIKNO SOFTWARE in any respect. TAXES LIKNO SOFTWARE shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with LIKNO SOFTWARE as set forth in this Agreement. LIKNO SOFTWARE shall not withhold any taxes from the Commissions paid to Affiliate. TERMINATION Termination may happen at any time, with or without cause, by giving the other party written or email notice of termination. The Affiliate shall immediately cease using LIKNO SOFTWARE's name, logos, trademarks, service marks, trade dress, proprietary technology and any creative upon the termination or expiration of this Agreement. LIABILITY-DISCLAIMER LIKNO SOFTWARE will not be liable for indirect or accidental damages (loss of revenue, commissions) due to Affiliate tracking failures, loss of database files, and any results of "intents of harm" to the Program, or LIKNO SOFTWARE websites (or product websites). LIKNO SOFTWARE makes no expressed or implied warranties or representations with respect to the LIKNO SOFTWARE Affiliate Program or the Affiliates' potential to earn income from the LIKNO SOFTWARE Affiliate Program. In addition, LIKNO SOFTWARE makes no representation that the operation of the LIKNO SOFTWARE website (or product websites) or the Affiliate website(s) will be uninterrupted or error-free, and LIKNO SOFTWARE will not be liable for the consequences of any interruptions or down time. The Affiliate may not assign this Agreement, by operation of law or otherwise, without LIKNO SOFTWARE’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. LIKNO SOFTWARE's failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of LIKNO SOFTWARE's right to subsequently enforce such provision or any other provision of this Agreement. GOVERNING LAW This Agreement shall be construed in accordance with, and governed in all respects by, the laws of Greece, without regard to conflicts of law principles. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between LIKNO SOFTWARE and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement. By signing up through the above link, you – the LIKNO SOFTWARE Affiliate Program Applicant - acknowledge to have read this agreement and agree to all its terms and conditions. You – the LIKNO SOFTWARE Affiliate Program Applicant - have independently evaluated this Program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.
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