Fontlab Ltd. Affiliates Program Operating Agreement
This agreement describes the entire terms and conditions for participation in the Fontlab Affiliates Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to Fontlab. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to Fontlab and the term "product" refers to the software Fontlab, ScanFont, TypeTool, TransType, or BitFonter.
You can add or remove links at any time:
You may add as many links to Fontlab, or remove such links, at any time and without prior approval from Fontlab.
Sales that Qualify for a Referral Fee:
Sales of any Fontlab product originating from a specially coded link on your website (or in alternate medium) qualify to earn you referral fees.
- Sales that meet the following criteria will provide you with a referral fee:
Sales to customers who follow your specially coded link to our site and submit that order by using the Fontlab order forms, 800#, or mailing address.
- The following sales will not be considered for referral fees:
Products sold through our site or elsewhere using anything other than the specific coded link that you are assigned.
Referral Fee Amount:
The purchase price of referral fee qualifying products will count toward the total sales during the calendar month in which such products are sold. Only qualifying products that are sold by Fontlab, emailed to a customer and for which Fontlab has received full payment will qualify for a referral fee
The total of such sales in any given month will generate referral fees, based upon the applicable flat rate referral fee, according to the following schedule:
9.00% referral fee for online, fax or mail orders
For example, suppose you sell 1 copy of TransType per day, 2 copies of FontLab, and 12 copies of TypeTool during a month which has 30-days. That's $5,196.00 in sales, for which your referral fee will be $476.64 (assuming that all sales are through the online order system)
To explain this further, we have broken the orders down below:
30 TransType2 orders online x US$97 = US$2,910.00
2 FontLab4/Win orders online x US$549 = US$1,098.00
12 TypeTool orders online x US$99 = US$1,188.00
---------------------------------total = US$5,196.00
referral fees = US$476.64
Referral Fee Payment:
Fontlab will send a payment for the applicable referral fee within 10 business days after the 1st of each month.
Returns and Cancellations:
If a referral fee qualifying sale is later returned by the customer, its referral fee will be deducted from the next monthly payment sent to the Participant. If there is no next monthly payment, the Participant will be billed.
Fontlab will be solely responsible for processing every order placed by a customer that follows the specially coded link provided to the Participant. Order entry will use the Fontlab secure online ordering process, Fontlab 800 phone line, or Fontlab mailing address. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of Fontlab.
All of the rules, operating procedures and policies of Fontlab regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. Fontlab reserves the right to reject any order that does not comply with our rules, operating procedures and policies.
Tracking of Sales:
Fontlab will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of product sales activity will be provided to the Participant.
To protect Fontlab customer privacy, the names or other personal information about specific customers will not be provided to the Participant.
As the Participant, you are solely responsible for ensuring that your reviews, descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. You must have express permission to use another party's copyrighted material. Fontlab will not be responsible if you use another party's copyrighted material in violation of the law.
Fontlab policy applies to all orders:
Every customer who buys a product through this program is deemed to be a customer of Fontlab. The Participant does not have the authority to make or accept any offer on behalf of Fontlab. All Fontlab policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. Fontlab is not responsible for any representations made by the Participant which contradict our policies.
The price charged for every copy of a Fontlab product sold under this program will be determined by Fontlab according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on the Fontlab website.
Website service interruption:
Fontlab will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold Fontlab liable for any of the consequences of such interruptions.
Term of the Agreement:
The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by Fontlab, and shall end when cancelled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the orders for Fontlab products have not been cancelled and the product has not been sent back for a refund. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.
Cancellation of this agreement:
Either Fontlab or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written or email notice of cancellation to the other.
Stuff only lawyers can understand (but it's part of the agreement):
Fontlab makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in Fontlab's then current sales policies, any products sold thereunder, 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:
Fontlab 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 Fontlab has been advised of the possibility of such damages. Further, Fontlab'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 Fontlab to Participant under this agreement.
Participant and Fontlab 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. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of Fontlab. 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.
This agreement shall be governed by the laws of the United States and Canada without reference to its choice of law principles.
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