Enounce Affiliate Program Terms & Conditions
This agreement ("Agreement") contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, "Enounce", "we" or "us" refers to Enounce, Inc. and "you" refers to the applicant identified in the Affiliate application. "Site" means a World Wide Web site, identified by exact URL (Unified Resource Locator).
By signing up for an Affiliate Account, you are agreeing to the terms specified in this agreement. Violation of any terms and conditions included in this agreement may result in termination of your account, and possible forfeit of affiliate revenue, as determined by us in our sole discretion. You must be 18 years of age or older to enter into this Agreement with us, which will become effective upon our approval (in our sole discretion) of your Affiliate application.
Enrollment in the Program
We reserve the right to terminate this agreement at any time for any reason in our sole discretion immediately without prior notice.
Acceptable Advertising Methods
As an affiliate in our Affiliate Program (an "Affiliate"), you earn revenue by generating sales of our MySpeed software products (the "Products"). You may generate these sales by encouraging web users to visit our site. You may advertise Products via:
When your customers link to our website through your affiliate links, we’ll set a cookie on their computer that will last for up to 90 days. If that cookie is still set when the customer purchases MySpeed within those 90 days, you’ll receive credit for that purchase. Cookies must be enabled on the customer’s computer for you to receive credit.
We will provide you with guidelines to use for linking to our web site. To permit accurate tracking, reporting and commission accrual, we will provide you with special "tagged" link formats. You must ensure that each link between your web site and our web site uses one of these links.
Restrictions and Prohibited Activity
You may not, directly or indirectly:
We will process Product orders placed by customers solicited by you. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations and returns, and handle customer service. We will track the sales you solicit and made by customers who purchase Products and will endeavor to make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion, although reporting typically happens on a quarterly basis.
For a Product sale to be eligible to earn a referral fee, an affiliate cookie must be set at the time of purchase.
Referral Fee Schedule
You will earn referral fees based on Qualified Orders according to referral fee schedules established by us and shown below. A "Qualified Order" is an order for which your affiliate id cookie is valid on the customer's computer at the time of purchase and which otherwise meets the requirements of this Agreement. The determination as to whether an order is a Qualified Order will be made by Enounce, and such determination will be final.
Orders refunded at the request of the purchaser, and orders defaulted or charged-back due to credit card fraud do not qualify for commission.
Referral Fees Payment
Affiliates are paid a commission, based on values set in the Referral Fee Schedule above. Commissions for Qualified Orders will be paid approximately 45 days after the end of each calendar quarter. This enables us to honor returns under our 30 day return policy. Any returns of Products purchased will be deducted from your commission. Payments will be made only with respect to amounts actually received by us.
All Affiliates must complete and submit a W9 Form (US Citizen) or W-8BEN Form (Non US Citizen) and Email the form to Enounce as part of the application process to receive commission payments. All commissions will be paid via PayPal Batch payments. You must have a PayPal account to receive your commission. If your Affiliate account is not earning commissions (i.e., no orders are placed) for 6 consecutive calendar months, we have right to terminate your Affiliate membership and you will forfeit any unpaid commissions in the event of such termination.
Enounce reserves the right to change commission rates without notice, but you will always be paid based on the rate in effect on the day that the applicable Qualified Order is received by us.
In the event of any overpayment of commissions by us to you under this Agreement, we will be entitled to deduct such sums from any and all commissions due to you hereunder or such sums may be charged to and collected from you at our sole discretion. Without limiting the forgoing, you agree to pay us the amount of any such overpayment within 30 days after we provide you with notice of such overpayment.
Notwithstanding anything contained in this Agreement, we will not, in any circumstance, be required to credit or pay any commissions with respect to purchases that are generated by, derived from, or result from violation of this Agreement or any fraudulent, illegal or dishonest activities by you or any third party ("Tainted Orders"). In the event that we actually receive such Tainted Orders and pay the applicable commission to you, then the commission shall be considered an overpayment and shall be repaid by you in accordance with the provisions of the immediately preceding paragraph.
You are fully responsible for any taxes due with respect to any commissions we pay to you.
Your Representations and Obligations
You hereby warrant and represent that (a) that you are at least 18 years of age, and (b) you have the full right and power to enter into this Agreement.
You agree to indemnify, defend, and hold Enounce and its officers, directors, and employees (collectively, the "Enounce Parties") harmless from and against all claims, costs, damages, losses, liabilities, fines, penalties, and expenses (including without limitation reasonable attorneys’ fees) (collectively, "Liabilities") arising as a result of or in connection with your gross negligence, willful default, breach of any material provisions of this Agreement, or violation of any applicable law, rule, regulation, or third party proprietary right, in connection with the Affiliate Program or this Agreement, provided that in no event will you be liable for Liabilities to the extent caused by Enounce Parties. In the event of any claim against any Enounce Parties for indemnification is sought hereunder, Enounce will provide you with prompt written notice of such claim and reasonable information and assistance, at your expense, to defend or settle the claim.
Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site and any other promotional materials that we provided to you as an affiliate. You are eligible to earn referral fees only for Qualified Orders that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, but will not be limited to, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. 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.
Relationship of Parties
You and we are independent contractors, and 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 our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
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 AFFILIATE 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 REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
We make no express or implied warranties or representations with respect to the Affiliate Program or any Products sold through the Affiliate 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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
Earn BIG: Introducing Our Two-Tier Commission Program
|Refer new affiliates and earn 50% of each new affiliate’s commissions for every copy of MySpeed software sold between August 1 and September 30, 2011.|
|Don’t miss the red hot back-to-school selling period. Learn more about this limited-time money-grab!|
Enounce Affiliate Wins Kindle!
Congratulations to Steve Pavlina, winner of a Kindle 3G and $50 worth of e-books from Enounce’s Lazy Days of Summer Giveaway!
Steve, a highly regarded personal development blogger, attracts two million readers each month to his eponymous website, StevePavlina.com. He has blogged about Enounce MySpeed and has links to the MySpeed free trial offer on his site. Steve loves watching educational and inspirational online videos, and has found MySpeed an invaluable productivity tool.
We hope Steve uses the time MySpeed saves him to relax in a hammock and enjoy his new Kindle!
What is Enounce MySpeed?
Online video is everywhere! From distance learning to corporate training to YouTube, and most of the video is in Adobe Flash format. MySpeed from Enounce lets you change the playback speed of Flash video without any loss of audio quality. (No chipmunk sound.) It’s like speed-reading for video!
- Speed up to save time Zip through Flash-based videos online. Lectures, seminars, training, speeches and online ads can all be sped up to 5 times faster with perfect clarity.
- Slow down to learn or take notes View as slow as 3 times slower than original speed for foreign language learning, complex technical, medical, financial or legal material. Everything is easier to digest, comprehend, remember and take notes when you set a playback speed that's right for you!