WebPosition Affiliate Program Agreement

WEBPOSITION AFFILIATE PROGRAM AGREEMENT
Definitions | Requirements | Tracking | Policies | Promotions | Termination

The following are the terms and conditions for participating in the WebPosition Affiliate Program. "Affiliate" refers to you, WebPosition refers to the WebPosition product line which is owned and operated by WebTrends, Inc. and "WebTrends" refers to WebTrends Inc., located at 851 SW 6th Ave. Suite 700, Portland, OR, 97204. This agreement may be revised from time to time.

DEFINITIONS
Affiliate -a WebPosition approved agent that fits any one of the following descriptions: a) carries out the advertising/marketing of WebPosition through images, text links, and/or a WebPosition Microsite and refers web traffic to www.webposition.com (or another WebPosition defined URL) with a WebPosition defined Affiliate Link (referral tracking code or other identifier specified by WebPosition) that is captured when referral is made to WebPosition for sales transaction processing handling on Affiliate's behalf for which the Affiliate receives a WebPosition determined commission or b) buys WebPosition Registration Keys from WebTrends at a WebTrends determined discount for resale to end customers through their own transaction processing systems.

WebPosition Microsite - a pre-built, separate set of WebPosition.com web pages that help promote WebPosition that Affiliates serve from their distinct URLs. The WebPosition Microsite is used to promote WebPosition and the pre-built Microsites contain the unique Affiliate Link which provides us with the ability to properly attribute commissions for Affiliate generated sales per the WebPosition Affiliate Program's transaction tracking systems.

Affiliate Link - a unique WebTrends provided tracking code (i.e. identifier) that is served in a graphic or text link from the Affiliate's online property (whether through a graphic, text link, or Affiliate deployed WebPosition Microsite) that WebTrends can track and attribute actions, such as trial registrations and purchases, so that WebTrends can reward Affiliates with a commission on sales that they generate.

AFFILIATE PROGRAM REQUIREMENTS
Affiliates must create an account and sign-up for WebPosition's Affiliate Program. Affiliates must have a valid Web address and email account to complete their applications. As a WebPosition Affiliate, once you have placed ads that include Affiliate Links on your site, you can monitor your transactions in the Affiliate Management Center. For the best results, you need to have steady traffic to your Web site, and you need to test different links and advertiser programs to find the ones that are best suited to your site and your audience.

COMMISSIONS OVERVIEW

Commission applies only to the sale of WebPosition software licenses, upgrades, and new Page Critic Service orders. Sales are defined as the total sale amount of the WebPosition product less any sales tax and shipping charges.

REGISTRATION KEYS

Affiliates may purchase WebPosition Registration Key(s) at a WebPosition determined discount for resale to their end customers. The Affiliate is solely responsible for maintaining their order processing systems and for executing the end customer sale independent of WebPosition. Affiliate can then market/resell the WebPosition software at a price the Affiliate elects.

AFFILIATE LINK TRACKING PROCESS

Affiliates will receive credit for customers who have an active cookie when making a purchase. Affiliate referred customers receive a cookie when they land on a WebTrends defined web page, for example the WebPosition.com upgrade, order, or trial pages. Cookies expire after 90 days. If a customer clicks on a WebPosition Affiliate Link and is referred to a WebTrends defined web page that sets a cookie and then the customer visits a different WebPosition Affiliate Program participants site and the customer clicks on a WebPosition Affiliate Link and is referred to a WebTrends defined web page that sets a cookie, the customer will be associated with the Affiliate Link of the last referring Affiliate. In summary, WebPosition will pay commissions to the Affiliate who drives the last action that leads to a sale of a commissionable item.

Customer referral tracking process:

Customer visits Affiliate's site.
Customer is referred to specific pages on WebPosition.com for transaction processing.
Customer receives cookie served from WebPosition.com associating them to the Affiliate site from which the referral had just originated.
At time of purchase, fulfillment interface verifies a) cookie expiration and b) validity of Affiliate Link.
A customer visits an Affiliate site and registers for a trial receives a WebPosition.com cookie that is tracked in a WebPosition system. The duration of the cookie's defined life is currently 90 days. If the customer makes an immediate purchase that Affiliate will receive credit for the sale.
A customer that visits an Affiliate site and registers for a trial receives a WebPosition.com cookie. If the customer then registers a trial or makes a purchase from another Affiliate within 90 days, the final Affiliate that made the sale will receive the credit for the sale.
If a customer visits an Affiliate site and registers the trial and then purchases the software from WebPosition.com within 90 days, the Affiliate will receive commission for the sale.
Affiliates are solely responsible for ensuring that their Affiliate link is setup properly on their Site.

GENERAL COMMISSION DETAILS

The commission percentages are subject to change by WebTrends with 30 days notice.
Commissions will be paid for referred sales for as long as the Affiliate actively participates in the program, has completed the application process, and is in good standing with WebTrends regarding compliance of the then current WebPosition Affiliate Program agreement 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 the Affiliate.
Commissions are paid every 30 days by company check or other method that both Affiliate and WebTrends has agreed to such as PayPal, approximately 15 to 30 days. WebTrends 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 commissions do not exceed $55.00 for a prior period, WebTrends maintains the right to hold payment until commissions accumulate to $55.00 or more or 90 days have passed, whichever comes first.
All payments will be made in U.S. dollars.
If a WebPosition processed sale is canceled or refunded by the customer, the related commission will be deducted from the next monthly payment or the Affiliate shall be billed for the amount owed.
As required by U.S. Law, U.S. Residents will be required to sign a W-9 form for the Internal Revenue Service prior to being sent any payments.
Affiliate is solely responsible for insuring that their link to the WebPosition order form is set properly.
Affiliate will be e-mailed a confirmation message after each order has been placed by a customer.

POLICIES

Your Account:
If you use the WebPosition Affiliate site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

REPRESENTATION

Affiliate shall take great care to not misrepresent WebPosition products or services.

Affiliate agrees to:

NOT SEND UNSOLICITED or SPAM mail to promote WebPosition. This action is ground for immediate termination of the account with a cancellation of any pending commissions. You will also be in violation of your Affiliate agreement and subject to legal action since your unsolicited e-mail can damage the image of WebPosition.
Accurately and visibly represent their WebPosition resale relationship on the header and footer of implemented WebPosition Microsite.
Ensure that WebPosition's 30 day money back guarantee is accurately portrayed on the Affiliate site.
Update WebPosition related content and graphics to reflect the most current release within 60 days of a new software release or web site update.
Not represent themselves, their business, and/or web sites as the Publisher of WebPosition software.

PROMOTIONS
If Affiliate is using WebPosition.com to execute transactions, Affiliate agrees to accurately reflect current promotions. Additionally, WebPosition Affiliates agree not to give away or resell unauthorized WebTrends software or assets without our written approval.

REFUNDS
Refunds shall be given upon request if within 60 days of purchase. Licenses for refunded keys will be disabled from our server making them unusable after a refund.

WEBPOSITION MICROSITE TERMS OF USE
The customized WebPosition Microsite pages are copyrighted by WebTrends Inc. However, as an active WebPosition Affiliate, you have a limited license to use these pages for the purpose of reselling and promoting WebPosition only. You may modify the pages to fit the style of your own web site so long as it is still evident to your visitors that you are a WebPosition Affiliate, and not WebPosition or WebTrends Inc. All logos and product names remain trademarked by WebTrends Inc., but may be used for the purpose of promoting or reselling WebPosition.

TRADEMARKS
WebTrends reserves all rights in or to its trademarks but may be used by Affiliate in accordance with this agreement. Affiliate may in no way display a WebPosition related logo, image, or trademark which may be distasteful, defame, or misrepresent its brand. WebTrends has the right to specify how and if a trademark may be used by the Affiliate. WebPosition Affiliates agree to not bid on WebTrends trademarked keywords or any misspellings through either Google AdWords or Yahoo Search Marketing including but not limited to: WEBPOSITION, WEBPOSITION GOLD, WEBPOSITIONGOLD, WEB POSITION, WEBPOSITION.COM, WEB POSITION GOLD WEBTRENDS, WEBTRENDS.COM AND WEBPOSITIONGOLD.COM, MARKETPOSITION, and MARKETPOSITION.COM.

TERMINATION: This agreement remains in affect until canceled by either party. Upon cancellation, Affiliate agrees to cease selling WebPosition and use of any trademarks. Affiliates found not complying with any of the aforementioned program terms and conditions can result in a suspension and/or termination of the Affiliate's participation in the program. 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 Affiliate has not violated this agreement. Payment of the final Commission payment to the Affiliate may be withheld for a reasonable time in order to ensure that the correct amount is paid.

INDEPENDENT CONTRACTOR:
The relationship between WebTrends and Affiliate established by this Agreement is that of independent contractors. WebTrends and Affiliates 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. DISCLAIMER: WebTrends will make every reasonable effort to track and pay commissions for all sales that apply to Affiliate. However, WebTrends 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. User must also accept the 'cookie' when referred to the WebPosition order form in order to be properly tracked.

WARRANTY DISCLAIMER:
WEBTRENDS MAKES NO WARRANTIES EXPRESSED OR IMPLIED WITH REGARD TO AFFILIATE PROGRAM.

LIMITATION OF DAMAGES:
WebTrends 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 WebTrends has been advised of the possibility of such damages. WebTrends' 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 WebPosition under this agreement. Affiliate understands that Referral tracking can never be 100% accurate and WebTrends 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 Affiliate Link. It is the goal of WebTrends to make referral tracking as accurate as possible; however, WebTrends cannot guarantee 100% tracking for situations beyond its reasonable control. GOVERNING LAW: This agreement shall be governed by the laws of the State of Oregon and the United States. By signing up for the WebPosition Affiliate Program you agree to be bound by the terms and conditions of this agreement.

Welcome to WebPosition Affiliate Program