Auto FX Software - Affiliate Program


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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers. Account Approval Your account will be approved in 24-48 hours and we'll notify you of your approval via email.

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Terms & Conditions Agreement

To be an authorized affiliate of Auto FX Software, you agree to abide by the terms and conditions contained in this agreement. Please read this agreement carefully before registering and using the Auto FX Software service as an affiliate. By signing up for the Auto FX Software affiliate program, you indicate your acceptance of this agreement and its terms and conditions. This Agreement contains the complete Terms and Conditions that apply to an individual or company's participation in the Auto FX Software Affiliate Program (the "Program"). As used in this Agreement, "we" means Auto FX Software, "you" means the applicant, and "services" means products and services offered by Auto FX Software. "Site" means a World Wide Web site and, depending on the context, refers either to Auto FX Software's site or to the site that you will link to our site. "Link" means a HTML form or link provided by Auto FX Software which directs the customer's web browser to our site. 1. JOINING THE PROGRAM To join the program, you are required to complete our affiliate registration process. You can add links to us immediately after you have completed the registration. Auto FX Software reserves the right to reject any application to join the Affiliate Program. The Auto FX Software Affiliate Program is open to reviewing applications from high-quality sites that focus on graphic design, web design, imaging, software and other sites that would make a good fit and positive association with Auto FX Software. 2. LINKING TO AUTO FX SOFTWARE If you are approved as an Auto FX Software Affiliate we will supply you with an ID code that is used as part of a link mechanism that when used properly will track and credit all click-throughs from your site to ours that generate a sale. 3. COMMISSION Subject to the Terms and Conditions of this Agreement, you will be paid a commission for each completed order referred from your site as tracked and credited by our affiliate system. If a customer's purchase is voided due to fraud or is refunded either directly by Auto FX Software or through credit card charge-backs made to Auto FX Software's bank account, we will remove such sales from your affiliate account. 4. COMMISSION SCHEDULE You will earn commission based on a predetermined percentage of the net revenue. Commissions are not paid on shipping fees or sales tax / value added taxes. You will not be able to receive a commission on your own orders. In order to associate an order with an affiliate we utilize cookies that are planted on the viewer's local machine. 5. COMMISSION PAYMENT Subject to the Terms and Conditions of this Agreement, you will be paid the commission at the end of the following quarter provided that the commission owed is more than US $50.00. We do not offer wire transfers or payment by other means other than company check. Checks are mailed by US Postal Service. 6. POLICIES AND PRICING Customers purchasing services from Auto FX Software through this Program will be deemed to be customers of Auto FX Software. Accordingly, all Auto FX Software Terms and Conditions concerning the services will apply to those customers. We may change our Terms and Conditions at any time. 7. LIMITED LICENSE We grant approved affiliates a non-exclusive, non-transferable, revocable right to use the Auto FX Software logos, promotional banners, marketing text and examples provided through the Affiliate system solely for the purpose of identifying your site as a Program participant. You may not modify the message or any of our images or trademarks in any way. We reserve all of our rights in the message, any other images, our trade names and trademarks, and all other intellectual property rights. Except as provided herein you agree that you have no rights, title or interest in or to the message or other images, trademark or trade names provided to you by Auto FX Software and all uses of such materials by you will inure to the benefit of Auto FX Software. You agree not to apply for registration of any of the Auto FX Software trademarks, service marks or trade names (or any mark similar there to) anywhere around the world. You agree that you will not engage, participate or otherwise become involved in any activity or course of action that diminishes and/or tarnishes the image and or reputation of Auto FX Software or its trademarks. We may revoke your affiliate status at any time by giving you written notice delivered by e-mail to the address you have registered through the affiliate system. All title, copyrights (including, without limitation, any images, photographs, animations, video, audio, music, text, and "applets" incorporated into the Software Application), patents, trade secrets, and all other intellectual property rights of whatever nature in the Software Application, including in the accompanying media and printed materials, all customizations, enhancements, modifications, improvements, derivations, or other changes made to the Software Application, and in any copies of the Software Product are owned by Auto FX. �AUTO FX SOFTWARE� AND �AUTO FX� are trademarks of Auto FX. No right, license, or interest to these trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the trademarks. 8. MARKETING RESTRICTIONS You will be solely responsible for the development, operation, and maintenance of your site. The banners provided by Auto FX Software are hosted on our servers and will not affect the performance of your site. We reserve the right to update these banners at any time and without notice. You shall not purchase or register keywords, AdWords, search terms, domain names, or other identifying terms that include the word "Auto FX Software", "Auto FX" or any other trademark of Auto FX Software Corporation. You may not purchase certain variations and misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from: Bidding on Auto FX Software's trademark, "Auto FX", and any keyword string that includes this term. For example, "Auto FX products", "Auto FX", "Auto FX Software", , etc.; Purchasing domain names based on Auto FX Software's trademarks or variations of Auto FX Software's trademark: for example "Autofxsoftware.com", "Auto FX-tutorials.com", "Auto FXproducts.com", etc. If Auto FX Software determines, in its sole discretion, that You have purchased or attempted to purchase "Auto FX" keywords or domain names, or one of the three cited examples above, then Auto FX Software may (without limiting any other remedies available to it) pursue any or all of the following actions: Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms; Remove You from the Auto FX Software affiliate Program permanently; and/or Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently. Under no circumstances shall You send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to Auto FX Software's Affiliate Program. For clarification, this does not prohibit You from sending transactional or relationship messages as defined in the Act. Auto FX Software reserves the right to collect, withhold, or cancel any and all compensation related to the content you send via commercial electronic mail messages that are sent out by you and do not conform to the regulations of the CAN-SPAM act. 9. TERM OF THE AGREEMENT The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written or emailed notice of termination. You are only eligible to earn commission on translation services occurring during the term of this Agreement only. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Your site is subject to periodic review. If we determine at any point after acceptance into our Program that your site is not suitable for the Program, we may unilaterally end the status of your site as an affiliate. 10. MODIFICATION We may modify any of the Terms and Conditions contained in this Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. Your continued participation now, or within thirty (30) days following the posting notice of any changes in these Terms and Conditions, will constitute a binding acceptance by you of such rules, changes or modifications. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. Auto FX Software may, at its sole discretion, discontinue or change the structure of the Affiliate Program. 11. RELATIONSHIP OF PARTIES Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of Auto FX Software. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. 12. LIMITATION OF LIABILITY WE 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 PROGRAM OR THE REGISTRATION OF DOMAIN NAMES BY CUSTOMERS REFERRED TO US BY YOU. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID TO YOU IN THE MONTH IN WHICH A CLAIM HAS BEEN MADE BY YOU. 13. DISCLAIMERS WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY SERVICES MADE AVAILABLE THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE AVAILABILITY OF OUR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 14. GOVERNING LAW This Agreement is deemed to have been entered into in the State of Alabama, United States, and its interpretation, construction, and the remedies for its enforcement or breach are to be applied pursuant to and in accordance with the laws of the State of Alabama. The parties hereby exclude any application of The United Nations Convention on Contracts for the International Sale of Goods, the 1974 Convention on the Limitation Period in the International Sale of Goods, and the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. 15. MISCELLANEOUS You agree that the invalidity, in whole or in part, of any provision, promise, undertaking, section or word, of this Agreement shall not affect the validity of the remaining portions thereof; that this Agreement may only be terminated or modified by Auto FX; that this Agreement will be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns; that any breach of this Agreement shall entitle Auto FX, in addition to any other legal remedies available to it, to apply to a court of competent jurisdiction to enjoin any violation of this Agreement and/or to recover damages for any breach of this Agreement, and to recover all costs of such action, including a reasonable attorneys� fee; and that this Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter of this Agreement.

I have read, understand and agree to the above terms and conditions.

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