You guarantee that

• You are 18 years of age or over the age of majority in your jurisdiction and will submit proof of your age if requested.
• You are entering this Agreement  as an Independent Contractor.
• You are solely responsible for selecting and providing any and all content, material, products, and/or services for your marketing efforts to promote the sites of NumberCruncher .
• The content, images, design, URL/Domain, text and domains on your promotion pages do not infringe on the rights of others including, but not limited to, copyrights, patents, trademarks, domain names and any other intellectual property rights of others.
• You are not using, supplying, publishing or transferring, in any way, programs, files, data, viruses, worms, e-mail acquisition programs, "Trojan" viruses or any other monitoring or destruction program on the pages you use to promote any of NumberCruncher's sites or partner site or directly to members of any of those sites.

You Agree to

NumberCruncher Referral Fee Percentage

The commission rate you are receiving may vary depending on the product that is sold as follows:

• NumberCruncher Software: 10%
• NumberCruncher services: 10%
• Third party software: 0%
• Hardware: 0%

Commissions are payable on the gross revenue on from new or existing customers that were referred to NumberCruncher from your site.  Gross revenue only includes cash collected via credit card and does not include sales tax charges or shipping.

The affiliate program may change at any time and without prior notice.

Fee Payment

NumberCruncher will send out payments, by Check on a quarterly basis. Payments with a value higher than the minimum amount  of $100 will be sent. If the payment amount is less than the set minimum, the payment will carry over to the next pay period until it passes the minimum amount.
 

Refunds, Chargeback

If a sales is later refunded to the customer or charged back by the customer, the referral fee will be deducted from the next weekly payment sent to the Affiliate. If there is no next regular payment, the Affiliate will be billed.

Subscription Payment Processing

NumberCruncher will be solely responsible for processing every subscription order placed by a customer on the Affiliates Pages. Payment processing, renewal payment processing, cancellations and refund processing, and related customer service are the responsibility of NumberCruncher.
NumberCruncher reserves the right to reject any sale that does not comply with our rules, operating procedures and policies.

Using our Links

As an affiliate site, you have access to banner advertisements, button links, text links and several other promotional tools such as newsletter and articles to our sites. These promotional tools carry our name or that of our partners so the use of each has to abide by this agreement. As an Affiliate Site, you shall display Links throughout your site as you see fit. You may not alter, modify or expand the Links in any way; provided, a Link may be modified and/or expanded with our written consent. Each Link connecting users of your site to our site may not alter the look, feel or functionality of our site. We may monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement. We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. However, we reserve the right to approve and to prohibit all Links.

Tracking of Subscription Sales

NumberCruncher will be solely responsible for tracking sales. Statements of  sales activity will be provided to the Affiliate. To protect NumberCruncher's customer privacy, the names or other personal information about specific customers will never be provided to the Affiliate.

Prices and availability

The price charged for product and services sold under this program will be determined by NumberCruncher according to our own pricing policies. Prices may vary from time to time. NumberCruncher policies will always determine the price paid by the customer.

Sites that Do Not Qualify for the Affiliates Program include

• Sites that promote violence.
• Sites that promote discrimination based on race, sex, religion, national origin, physical disability, sexual orientation or age.
• Sites that promote illegal activities.

Restrictions on personal use

This program is intended for commercial use only, that is paying referral fees for subscriptions sold to third parties coming from a link from your sponsoring Web site to the Affiliate Pages.

Web Site service interruption:

NumberCruncher will make every effort to keep its Web site operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Affiliate agrees not to hold NumberCruncher liable for any of the consequences of such interruptions.

Term of the Agreement

The Affiliate may receive payments on orders that are placed during the term of this agreement. This term will begin on the date of signup, and shall end when canceled by either party as provided below.

E-mail advertisement

The agreement may be modified

NumberCruncher reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our Web site.  Without limiting the generality of the foregoing, referral fee schedules and all other provisions of this agreement are subject to change without notice other than posting such information on our Web site.

Cancellation of this agreement

Either NumberCruncher or the Affiliate, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Warranty Disclaimer

NumberCruncher makes no warranties, representations or conditions in regards to the program or, as expressly set forth in NumberCruncher current sales policies, any product or service sold there under, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages

NumberCruncher shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if NumberCruncher has been advised of the possibility of such damages. Further, NumberCruncher's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by NumberCruncher to Affiliate under this agreement.

Miscellaneous

Affiliate and NumberCruncher are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of NumberCruncher. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.

Fraud Policy:

As an affiliate you will not be entitled to a Commission from us for any sale, that we determine or reasonably suspect is the result of fraudulent activity. We reserve the right to block any payment or account that we feel not authentic. We have the right, in its sole and exclusive discretion, at any time to expand or modify what constitutes possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include:
 

• Any attempt to put through a credit card with a bin number that is listed in a negative bin number database;
• Where there have been sequential or multiple attempts to create sales from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number; and
• Where numerous transaction have been processed through the same IP.