Affiliate Program > Enrollment Form
This Agreement describes the entire terms and conditions for participation in Essentia Software Corporation's Affiliate Program. In this Agreement, "Essentia Software Corporation" is referred to as "Essentia Software".
In this Agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Essentia Software. "New Customer Sale" shall refer to a full-priced annual license subscription of NannyPay software by a person who has never previously purchased any product or service from Essentia Software.
Affiliate Site
Essentia Software will create unique URL for you when you submit a complete Affiliate Enrollment Form. This is the URL for your unique Affiliate Site.
Commissions
You will receive $25.00 for each New Customer Sale of NannyPay payroll software as a commission for orders placed through your Affiliate Site. For a sale to generate a commission to an Affiliate, the customer must complete the order form from Essentia Software's web site and remit full payment for the software. Commissions will be paid only on the original sale of NannyPay software and not to subsequent sales or upgrades by that purchaser. Refunds issued within 30-days of the New Customer Sales" do not qualify for commission payment.
Payment
Essentia Software will send a check for the applicable commissions within a reasonable time following the end of each payment period.. If any order that generated a commission is returned by the customer, or if there are any returned checks or charge backs, the amount will be deducted from the next periodic payment, if any.
Order Fulfillment
Essentia Software will be solely responsible for processing every order placed by a customer on the Affiliate Site. Essentia Software reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Customers
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Essentia Software. Accordingly, all Essentia Software rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Essentia Software policies will always determine the price paid by its customer.
Qualification for Commissions
Affiliates must have an active link from their website to their Affiliate site in order to qualify for commissions. Links must be sent to webmaster@essentia-soft.com, so that they can be verified and the Affiliates status upgraded to active.
Qualifying Sites
Essentia Software reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Essentia Software Affiliate Program include sites which:
- Promote sexually explicit materials
- Promote violence
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promote illegal activities
- Violate intellectual property rights
Unsolicited Commercial E-mail
Essentia Software in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this agreement and immediate dismissal of the Affiliate from the Essentia Software Affiliate Program with forfeiture of any commissions due.
Exclusivity
This agreement is not exclusive and does not restrict Essentia Software from entering into similar agreements with other parties or Agencies. Nor does this agreement restrict Essentia Software’s right to change the selling price of NannyPay. Essentia Software will handle all technical support for NannyPay. Finally, nothing in this agreement is meant to affect or in any way modify Essentia Software’s intellectual property rights in the NannyPay software or Essentia Software’s trademarks.
Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You have no authority to make or accept any offers or representations on our behalf. You shall not make any statement, whether on your site or otherwise, that reasonably contradicts this statement.
Limitation of Liability
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (OR ANY LOSS OF REVENUE, PROFITS, OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, 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
Disclaimers
WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE PROGRAM OR YOUR POTENTIAL TO EARN INCOME FROM THE AFFILIATE PROGRAM. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE OR THE AFFILIATE SITES WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
The laws of the United States and the Commonwealth of Pennsylvania will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the U.S. District Court of the Eastern District of Pennsylvania or state courts located in Montgomery County, Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. 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 enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
By submitting the Affiliate Enrollment form, 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.
