AFFILIATE AGREEMENT SOFTMAILER.COM


To Our visitors, Users, and Customers,

This document is our Affiliate Agreement which supplements our Terms of Use and Privacy Policy. Please read our Terms of Use before using or accessing Softmailer.com. NOTE: This is a legally binding Agreement between Softmailer.com, and our Affiliates. If you don't like or agree with this Agreement; our Terms of Use; or are under the age of eighteen (18); we ask that you do not register for an account or continue to use the website. We reserve the right to amend or change this Agreement or our Terms of Use at any time, and by your continued use of our website and platform, you are agreeing to these terms.

Thank You. The Softmailer.com Team October 5, 2017

I. Definitions


We are providing the following definitions which are used in this Agreement, to make it easy for you to read and understand.

They are:

  • Affiliate: Any person or company (associate) that markets Softmailer.com services in exchange for a commission.
  • Affiliate Agreement: Agreement governing our business relationship.
  • Agreement: Our Terms of Use and Service.
  • Content: All files, data, information that a customer uploads or downloads from the Softmailer.com website.
  • Customer: A paid or free user of Softmailer.com website & services.
  • Privacy Policy: Our disclosure on what information we collect from customers & visitors, and how that information is used.
  • Softmailer.com Intellectual Property: Our software; platform; programming & code; website; logos; slogans; trademark; service marks; & copyrights
  • Softmailer.com: Our company, owners, employees, and agents.
  • Submissions. Files, data, information, code, and other content uploaded or downloaded to/from the Softmailer.com platform. This includes and is not limited to: photographs; pictures; illustrations; videos; mp3; text; digital recordings; files; or other data.
  • Third-party website: And website links, hyperlinks, located in or on the Softmailer.com website that redirects customers to other websites.
  • Visitor: Anyone who visits the Softmailer.com website.

II. Affiliates


1. Affiliates

Anyone can become an affiliate of Softmailer.com providing: they are over the age of 18; and are not under contract preventing them from marketing Softmailer.com services. Affiliates market and advertise our platform and services in exchange for a commission.

2. Commissions

Customers and Users can register to become Softmailer.com Affiliates through our website by simply checking the link in their account menu. As a Softmailer.com Affiliate, you can receive up to a 50% (fifty-percent) commission on any paid subscription fee from paid customers referred to our company and services. Referral commissions are paid via PayPal, and distributed the subsequent month of receiving Customer Subscriptions. The benefits of becoming a Softmailer.com Affiliate are:

  • a. Affiliates receive a 50% (fifty-percent) referral commission on all paid subscriptions.
  • b. Commissions can be used to pay your personal subscription and fees, or for other Softmailer.com services.
  • c. Commissions are paid through your PayPal account (less processing fees).

3. Subscription Payment

Please note that a minimum of (1) year subscription paid per customer will be held by Softmailer.com in order to cover the Affiliate's annual Subscription obligation. If Affiliates ask us to transfer funds from their Softmailer.com Affiliate account to their PayPal account, and the amount is less than $100.00 U.S. Dollars, then the Affiliate will incur a $10.00 processing fee.

4. Closed Accounts

Referral fees will not be paid on cancelled or terminated accounts.

5. Billing Dispute

If at any time you believe there is an error or mistake in any calculation of your commission, or the amount of commission paid, please open a Support Ticket in your account menu from the Softmailer.com platform. Include your username; date; and description of error. We will investigate and respond as soon as possible.

III. Relationship


1. Independent Contractors

All Softmailer.com Affiliates are considered independent contractors and are never to be considered employees; or agents. Nor are Affiliates entitled to benefits which are reserved only for owners or employees of Softmailer.com.

IV. Cancellations


1. How to Cancel

If at any time you decide you no longer wish to be a Softmailer.com Affiliate, simply send us a written email notice to our Customer Service Department, requesting your Affiliate status be cancelled.

V. Indemnification


Users, Affiliates, and Customers agree to defend, indemnify, and hold harmless Softmailer.com, it's owners; directors; employees; and agents; from all: claims; losses; damages; injuries; actions; third-party claims; expenses; or liabilities; that arise from or relate to their using or accessing our website; platform; content; or services. This also applies to unforeseen third-party claims.

VI. Limited liability


Affiliates understand and agree that they assume all risk and responsibility when using our: website; platform; content; and/or services. Our company, its' owners; employees; or agents will not be liable for any: incidental; indirect; direct; punitive; exemplary; or consequential damages.

VII. Disputes


Mediation

In the event either we or the Affiliate have a dispute about our Terms of Service, Privacy Policy, or their interpretation, we agree to resolve the dispute via Mediation, located in Slovakia, E.U., and we both agree to share the cost and choice of a Mediator.

Notice

The disputing party shall send the non-disputing party a thirty (30) day Notice of Intent prior to filing a Mediation claim, giving the parties the ability to resolve the dispute before Mediation. Notices shall be served as provided within this Agreement. Upon filing of the complaint, Mediation shall be conducted via accepted Arbitration Rules.

Courts

If the parties are unable to find a resolution with mediation, or do not agree with the decision of the Mediator, either party may file a claim with the appropriate Court having jurisdiction in Slovakia. The Claimant must follow the procedures outlined in #2 above, and include a description of the dispute or claim within the Notice and give the non-claiming party a 30 day grace period to cure a breach of contract, or resolve the dispute. Failure to provide Notice may void the Claimant’s right to file a claim in Court.

The prevailing party shall be entitled to reimbursement of any costs and fees, including but not limited to attorney’s fees.

VIII. Notices


Any Notice that is required in this Agreement must be in writing and sent to parties as follows:

  • a). Notice can be delivered via: email; fax; Postal Service; or overnight/special courier. Affiliates and customers can opt out of email notifications by sending a Support Ticket to Customer Service through their SoftMailer.com Account Menu.
  • b). All other Notices are to be sent to the last known address or email address for Softmailer.com; or to the Affiliate’s last known address/email address.
Softmailer.com
Email: support@softmailer.com
Effective Date: Oct. 05. 2017

IX. Severability


If any clause or paragraph in this agreement is considered unenforceable or invalid under any law or statute, or made invalid by an Order of a Court of law, the invalid or unenforceable clause shall not render the balance of this Agreement invalid. Any invalid provision shall be considered altered and interpreted so it does not affect the rest of this agreement.

X. Governing law


Our Affiliate Agreement and Terms of Use shall be governed by and construed in accordance with the laws of Slovakia, and the European Union, excluding conflicts of law provisions and C.I.S.G. (U.N. Convention for the International Sale of Goods and Services). If there is any dispute regarding the terms of this Agreement, the laws of Slovakia will govern.

XI. Contact


You can contact Softmailer.com at:

Softmailer.com
Email: support@softmailer.com
Effective Date: Oct. 05. 2017