The following are the terms and conditions of participating in the EmailSmartz Referral Partner Program. "Partner" refers to yourself, and "EmailSmartz" refers to us. This agreement may be revised from time to time.  

Commission and Payment
EmailSmartz will pay "Partner" a 15% commission of each qualifying EmailSmartz Sale identified by EmailSmartz as a visitor from Partner's Web site by using their unique Referral Link. Visitor should make purchase with in seven business days of his first visit to EmailSmartz website from referral partner site. In case Visitor does not make purchase with in seven days of his first visit, sale will not qualify for commission. Sale is total amount of the sale of the software less any sales tax and shipping charges. Commission applies only to EmailSmartz software licenses contained on the regular product order form and currently does not include any other sale of products or services made to customer

Partner commission shall be paid by EmailSmartz holding company check every 45 days, approximately 30 days after the prior period. EmailSmartz reserves the right to modify the payment schedule from time to time so long as notice is posted to Web site or via e-mail. If commission does not exceed $40 for prior period, EmailSmartz holds the right to hold payment until commissions accumulate to $40 or more

All payments will be made in U.S. dollars by company check.

In the event visitor comes to EmailSmartz from more than one Partner web site over a period of time before purchasing, only the first Referring Partner shall receive the commission.

If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment .

As required by U.S. Law, U.S. Residents will be required to sign a W-9 form for the Internal Revenue Service before we can send your first payment.

Commission applies only to the first sale made by Referred customer. Commissions are not paid on subsequent sales to the same customer, or to an upgrade sale to someone who was already a EmailSmartz customer.

All Referral Partner applications are subject to approval by EmailSmartz. Both commercial, personal, and non-profit Sites may apply for Program.

Commissions will be paid for Referred sales for as long as Partner actively participates in Program and maintains the Referral Link and this agreement is not canceled by either party. If canceled, outstanding commissions for current period at time of cancellation shall be paid in the next monthly payment so long as rules of this agreement were not violated by Partner.

Referral Link:
You'll be issued a "Referral Link", or unique URL, which allows us to identify visitors from your site as originating from you. These visitors are tracked via a technology called "cookies". So long as a visitor has a browser which supports "cookies" (most do) and they have not disabled this feature, we will be able to identify the visitor as belonging to you. When they register their name and e-mail at the time the purchase version is downloaded, your Partner Code identifier will be attached

You may remove or add your link to EmailSmartz at anytime without permission. To receive Commissions, you must use the provided Referral Link.

The link may be in various forms such as a banner, image, or textual link.

EmailSmartz reserves all rights in or to its trademarks but may be used by Partner in accordance with this agreement. Partner may in no way display a EmailSmartz or EmailSmartz Software related logo, image, or trademark which may be distasteful, defame, or misrepresent its brand. EmailSmartz Software has the right to specify how and if a trade mark may be used by the Partner

Partner shall take great care to not misrepresent EmailSmartz products or services or to advertise them in such a way as to poorly represent the EmailSmartz brand.

Partner is solely responsible for ensuring that their Referral link is setup properly on their Site.

Partner agrees to NOT SEND UNSOLICITED or SPAM mail via e-mail or newsgroups to promote EmailSmartz. You may post only to newsgroups and forums within the rules of each newsgroup. Spamming is ground for immediate termination of your account with a cancellation of any pending commissions. You will also be in violation of your Referral Partner agreement and subject to legal action since spamming can damage the image of EmailSmartz Software.

Overview of Program:

1. NO selling involved. All questions go directly to us. We even do the follow up.
2. NO Fees to get started.
3. NO re-seller license required since we're actually processing the sale.
4. NO processing of credit cards or customers to bill.
5. NO requirement to put the demo file on your web site. Just point to our site!
6. NO minimum commitment. Quit at anytime if you like.
7. Minimal setup required.

Non-Qualifying Sites:
Sites that promote: sexually explicit material or violence do not qualify as a Referral Partner. Sites that promote discrimination based on race, sex, religion, national origin, and physical disability, shall not be accepted. Sites that promote illegal activities shall not be accepted. Please do not apply if your site promotes these kinds of activities. By applying, you are stating that your Site does not directly promote or endorse these activities

Term of agreement:
This agreement remains in affect until canceled by either party.
This agreement remains in affect until canceled by either party.
Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the referred Customers and the Partner has not violated this agreement. Payment of the final Commission payment to the Partner may be withheld for a reasonable time in order to ensure that the correct amount is paid

Disclaimer:
EmailSmartz will make every reasonable effort to track and pay commissions for all sales that apply to Partner. However, EmailSmartz is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.

Privacy:
To protect EmailSmartz customer privacy, we cannot provide identifying customer names and contact information to you. However, we will provide a report with each Partner payment detailing price, product, date of sale, and perhaps other data for your records.

Independent Contractor:
The relationship between EmailSmartz and Partner established by this Agreement is that of independent contractors. EmailSmartz and Partner shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Partner" shall not be interpreted as a legal Partner, simply as an independent contractor for EmailSmartz under this agreement.

Warranty Disclaimer:
EmailSmartz makes no warranties expressed or implied with regard to Partner Referral Program except as outlined in this agreement.

Limitation of Damages:
EmailSmartz shall not be held 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 program, even if EmailSmartz has been advised of the possibility of such damages. EmailSmartz aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by EmailSmartz under this agreement.
Partner understands that Referral tracking can never be 100% accurate and EmailSmartz is not responsible for inaccuracies that might occur beyond its control. Tracking of Referral sales depend on several factors such as the referred visitor accepting the 'cookie' upon clicking on the referral link and ordering under the same e-mail address when phoning orders or using the same browser that they originally used when clicking on the Referral link. It is the goal of EmailSmartz to make Referral tracking as accurate as possible, however, EmailSmartz cannot guarantee 100% tracking for situations beyond its control.

Cancellation:
EmailSmartz Software holds the right to cancel a dealer's account for any reason if deemed necessary. If the terms of this agreement were not violated by the referral partner, then payment will be given to the referral partner for any unsold software or outstanding commissions if the account is cancelled by EmailSmartz Software.

Governing Law:
This agreement shall be governed by the laws of the State of New York and the United States.