Incline Software Affiliate Program Terms
This Agreement contains the terms and conditions pertaining to your participation as an affiliate of Incline Software, LC. In this Agreement, "we" or "our" refers to Incline Software, LC., and "you" refers to an "Affiliate." We will hereafter use "you" and "Affiliate" interchangeably.
1. How to Enroll in the Program
Complete the online application. We will automatically accept you into our program. However, we reserve the right to reject your application at anytime and for whatever reason we deem necessary. Possible reasons for rejection include, but are not limited to, sites we find to contain sexually explicit, violent, discriminatory, or illegal content, or if illegal or unsavory methods such as spamming are used in connection with this affiliation. If we deem that your site or practices are in violation of our standards, your application will be rejected retroactively, and you will not be entitled to any affiliate commissions.
2. Links on Your Site
You will provide a link to our online store through an approved Incline Software Link.
Visitors to your site must clearly understand that clicking on the Incline Software links will take the visitor to web pages hosted by Incline Software.
You may not represent Incline Software, or use its trademarks, logos or other branding in any manner other than providing approved links.
3. Orders and Tracking
We will be responsible for orders placed by customers who follow links from your site to the Incline Software store. This means we will handle all issues pertaining to the store purchases that are a result of a link from your site. This includes all customer service and returns to the store. We will track all customer sales through cookie technology. Each Incline Software Affiliate is issued an affiliate number that is associated with your site. You are responsible to ensure your site is properly formatted and working.
4. Referral Commission
An Affiliate site will receive a 10% commission on all products sold through the Incline Software Online store, minus shipping and taxes. Currently this includes copies of Ancestral Quest, and the products we resell (such as AniMap Plus). It does not include the products appearing in our Store as a link, but not actually sold through our store (such as GenSmarts).
5. Payment Schedule
Payment of commissions will be made quarterly by the end of the month following the end of the quarter in which the sales were made. Commissions will not be paid on returned items. If the amount due at the end of a quarter is less than $20, this amount will carry over until such time as your commission amount is at least $20, and then a commission check will be issued at the end of such quarter, or at such time as this affiliate agreement is terminated.
You need to earn commissions of at least $7 a year to receive payment. At the end of each calendar year, we catch up all accounts. If you have at least $7 owing at the end of the year, you will receive payment for the amount owed. If you have less than $7 still owing at the end of the year, you will forfeit that amount, as the accounting starts fresh each calendar year, and we will not issue checks for less than $7.
6. Policies and Pricing
Do not include price information in your link to the Incline Software Store, as we may change the prices from time to time.
7. How to Identify Yourself as an Affiliate
We will provide a graphic image and other linking options to put on your site and that identifies you as a partner. You will need to put this on your site and make sure that it works.
8. Limited License
You have a nonexclusive, limited, revocable right to use our icon and other like images only for the purpose of identifying your site as an Affiliate and to generate commission sales. You may not modify any of our images. We reserve all rights for the icon, our trade names and trademarks. We may revoke your license at any time by giving you written notice. You agree that when this agreement terminates, you will remove all icons, logos, etc. that indicate a contractual relationship with Incline Software or its products.
9. Responsibility for Your Site
You will be solely responsible for the development, operation, contents, and maintenance of your site. We take no responsibility for content or functionality of your site.
10. Relationship of Parties
Nothing in this Agreement creates a partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
11. Limitation of Liability
We are not liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program.
We cannot guarantee that our site will be uninterrupted or error-free, and we will not be liable for any consequences arising from any interruptions or errors.
13. Terms and Conditions
The term of this Agreement will take effect upon our acceptance of your Affiliate application and will end when terminated by either party. Either party may terminate this Agreement at any time, for any reason. We may choose to terminate this Agreement if we determine your site content is inappropriate, you have breached any conditions of this Agreement, or if you are sending "spam" (mass, unsolicited e-mail messages) to customers.
You are only eligible to earn commission payments on product purchased during the term of the Agreement. Payments earned through the date of termination will remain payable only if the product is not returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Incline Software may change, suspend or discontinue any aspect of this Agreement. We also reserve the right to modify any portion of this Agreement.
If any portion of this agreement or any future modifications to this agreement are unacceptable to the affiliate, or cause the affiliate to no longer be in compliance with the affiliate agreement, either Incline Software or the Affiliate may cancel the agreement. Your continued participation as an Affiliate constitutes a binding acceptance by you.
This Affiliate Agreement has been made in and shall be construed and enforced in accordance with Utah law. Any action to enforce this agreement shall be brought in the federal or state courts located in Salt Lake City.