Last update: August 6, 2008
1. Application Process
To begin the enrollment process, the Affiliate submits a completed program application ("Program Application") to Leoné MusicReader B.V. (“MusicReader”) via the online Program Application. We will evaluate this Program Application and will notify the Affiliate of acceptance or rejection in a timely manner. We may reject any Program Application if we determine, in our sole discretion, that the Affiliate is an Ineligible Party, or Affiliate’s site is unsuitable for the Program for any reason, including, but not limited to, if the site incorporates images or content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable such as sites that depict sexually explicit images; promotes violence, illegal activities, or unlawfully discrimination of any kind; promotes or incorporates any materials which infringe or assist others to infringe the intellectual property rights of others (collectively "Content Restrictions"). If we reject Affiliate’s Program Application, the Affiliate is welcome to reapply to the Affiliate Program after sixty (60) days of the original application date. The program is only open to persons 18 years of age or older.
2. Commissions Structure
The Affiliate earns 20% commission on all software sales and/or 4% on all hardware sales and/or $1,- on each evaluation license request during the term of this Agreement, where the User follows a Link from Affiliate’s Site. If this commission rate changes, the Affiliate will be notified by e-mail or, through our on-line website.
Payments are made within 20 days following each month when Affiliate's account balance reaches $50 or more for the previous months' transactions. Payments are made in US Dollars and by using PayPal as payment method. Other payment methods are only available on special request and for a small fee.
Should a order that the Affiliate is paid a commission fee on, become later properly canceled, returned or is charged back, repudiated, or rejected, then the credit will be deducted from the Affiliate's account.
4. Affiliate Tracking
All customers arriving from an Affiliate's site are tracked by using browser cookies technology. Our Affiliate cookie remains in the customer's browser cache for 60 days (sixty days) following the customer's first visit, allowing the Affiliate to earn commissions for up to 60 days after arriving from the Affiliate's website. To permit accurate tracking, an Affiliate must properly format the link between Affiliate's site and our site. We give the Affiliate all necessary information to do so during the sign-up process, or within the Affiliate's online Account.
5. Policies and Items Pricing
Customers who buy products through this program are deemed customers of MusicReader. Accordingly, all MusicReader rules, policies, and operating procedures concerning orders, service, and sales apply. Our policies and operating procedures may change at any time. For example, prices and availability of MusicReader products sold under this program may periodically change in accordance with our own pricing policies, and thus affect products already listed on an Affiliate's site. Therefore, no price information should be featured on Affiliates' sites, since we cannot guarantee the availability or price of any particular product listed there.
6. Responsibility for the Affiliate's Site
The Affiliate is solely responsible for the development, operation, and maintenance of his site and its content. It must be legal, not violating or infringing on the rights of any third party, including for example, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim any and all liability for Affiliate violations, and further stipulate that all Affiliates will indemnify and hold us harmless from all claims, damages, and expenses (including, attorney and other legal fees) relating to the development, operation, maintenance, and content of Affiliate sites. Finally, all Affiliates acknowledge that MusicReader trademarks of Leoné MusicReader B.V., a company based in The Netherlands.
7. Spam and paid-inclusion
Affiliate agrees not to utilize SPAM in promoting MusicReader. This action may result in the immediate suspension or termination of Affiliate account with a cancellation of any pending commissions. Affiliate will also be in violation of this Affiliate Agreement and subject to legal action and be held liable for any financial loss incurred by MusicReader. Accounts associated with network abuse (including unwelcome email, crossposting, mousetraps, spam, or respawning windows) and/or fraudulent activity (such as use of stolen credit cards, etc.) may be suspended and closed without notice.
Affiliates who submit MusicReader pages with their affiliate identification in the URL to natural search engines such as Google®, Altavista® and similar will not earn any commission from those links and will be banned permanently from our network.
Affiliate also agrees not to use MusicReader related keywords and trademarks, both identical and similar (including misspellings), in paid-inclusion and cost-per-click (CPC) advertising, including but not limited to Google Adwords, Overture.com, MSN.com, Findwhat.com, etc.
8. Tax reporting requirements
MusicReader will make all commission payments gross and it is the sole responsibility of the Affiliate to declare income to the relevant tax authorities. MusicReader reserves the right to provide information to such tax authorities if requested to do so.
The Affiliate must be aware that MusicReader and the MusicReader website(s) and logos are trademarks of MusicReader in the Netherlands and in other countries. The Affiliate is NOT allowed to replicate, duplicate or copy the page design, HTML code and/or contents of the MusicReader website pages in their entirety or in part on his/her own website, unless expressly agreed with the MusicReader.
10. Terms of the Agreement
The terms of this Agreement begin when MusicReader accepts an Affiliate's Program application, and will end when terminated by either party at any time, with or without cause, by giving the other party written notice of termination.
We may modify any terms and conditions contained in this Agreement at any time and at our sole discretion by posting a change notice or a new agreement on our site. Modifications may include for example, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, AFFILIATE'S RECOURSE IS TO TERMINATE THIS AGREEMENT. THE CONTINUED PARTICIPATION OF AFFILIATES IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Affiliate may close his account at any time. Any closing balance under US$25 will be forfeited.
13. 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 Program, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program, including, without limitation, warranties of fitness, merchantability, noninfringement, 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 are not liable for the consequences of any interruptions or errors.
This Agreement is governed by the laws of The Netherlands, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a court located in the Netherlands, and the Affiliate irrevocably consents to its jurisdiction. No Affiliate may assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and remain enforceable against the parties and their respective successors and assigns. Our failure to enforce Affiliates' strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce that provision, or any other provision of this Agreement. THE AFFILIATE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS.