Mailtraq Associate Scheme
Terms and Conditions.
The following Terms & Conditions apply to our Associate Scheme and by becoming an Associate you agree to be bound by and comply with these Terms & Conditions.
Commission & Payment
We will pay you commission on sales of our products made to visitors to our website who are shown to be associated with you by means of a cookie, as described below.
Commission will be 10 per cent of the net sale price of licenses purchased unless otherwise agreed with you. By 'net sale price' we mean the Sales Tax or VAT/TVA-exclusive price paid by the visitor after deducting any discount to which the visitor may be entitled.
Within 21 days of the end of each quarter – i.e. a three month period ending on 31 March, 30 June, 30 September and 31 December, if the credit in your account is over the agreed threshold, we will notify you of the amount payable to you.
You must then raise an invoice, and we will normally pay you within 14 days of receipt of the invoice.
Payment of commission will only be made in US Dollars via Paypal.
If the amount of commission earned in a quarter is less than the threshold of USD $50.00, no commission will be payable and the balance will be carried forward into the next quarter.
Credits in your account may be reversed if a payment is cancelled – for example if the purchaser disputes a credit card payment, and we have to make a refund. If this occurs after we have paid you commission on that transaction, we will normally deduct an appropriate amount from the next commission statement. However, we reserve the right to require repayment of commission already paid to you on that sale.
Associate balances should not be considered as cash, but as points. We will not be liable to pay interest on Associate balances. However, if we remit (or instruct our bank to remit) a payment to you more than 30 days after we receive your invoice for commission due in accordance with these Terms & Conditions, you will be entitled to claim interest at 3 per cent a year above the 'Bank of America, Inc.' base rate from the due date until the date of payment.
Associate accounts which receive no credits for six calendar months may be considered delinquent, and any residual balance below the payment threshold may be forfeited.
Communications
We will normally only communicate with you by email. Emails to Mailtraq should be sent to sales@enstar.net. If for any reason it appears that your email does not reach us, you should notify us by telephone – the number is on our website.
If any of the details that you give us when you join the Associate Scheme change, you should notify us promptly with the new details.
Cookies
Visitors are tracked by means of a cookie, which normally remains on their machine for 30 days. Purchases made by a visitor when the cookie is on their machine are associated with you, and your Associate account will be credited with commission for those purchases. When the cookie is removed, you are no longer associated with their purchases, unless the visitor clicks on one of your links again. The cookie may be removed before the 30 days by a number of mechanisms outside of our control, including users deliberately deleting cookies, or if they click on another Associate's link to our site. If for any reason a visitor's purchase of Mailtraq is not automatically recorded with us by means of a cookie, no commission will be due.
Restrictions
You will not display on any of your websites any material that, in our opinion, is deemed offensive or unsuitable, including material that is pornographic
Advertising
You may use keyword advertising online to promote your site, but you are not permitted to out-bid our own online keyword advertising. Adverts should link to your site, not directly to ours. We may, at our discretion, vary these advertising restrictions by agreement following a specific request.
Confidentiality
You must keep confidential the terms of our agreement and our dealings, in particular any special terms agreed with you.
Due to the requirements of the privacy law, we will not disclose to you any details of any purchasers of contracts on which you earn commission, nor will we disclose your commission to third parties except to the extent that disclosure is made for legal reasons.
These obligations will continue after termination.
Termination
You should give us at least 30 days notice if you wish to withdraw from the Associate Scheme and we will normally give you at least 30 days notice if we wish to terminate your membership of the Associate Scheme.
However we reserve the right to terminate your membership of the Associate Scheme without notice at any time and without having to give a reason.
The Associate Scheme may be withdrawn at any time, without notice.
Following termination, not later than 30 days following the end of the quarter in which termination occurs, we will pay you the commission earned up to the termination date.
Upon termination, for whatever reason, balances below the payment threshold may be forfeited.
We will, on termination, have no liability or obligation to you except to pay commission properly due up to the termination date.
Force Majeure
Neither of us will be liable for a delay or failure to perform our respective obligations if that delay or failure is due to circumstances beyond that party's reasonable control. Any internet disruption or unplanned website downtime or technical failure will be treated as beyond our reasonable control.
No Partnership
Participation in the Associate Scheme does not create or imply any partnership, agency or
other relationship between us, and you must not claim otherwise or use our identity on your site in a way that would cause people to believe such a relationship exists.
Assignment
You are not permitted to transfer your membership of the Associate Scheme to any other person.
Law & Disputes
These Terms & Conditions and the agreement between us are governed by the law of the State of Connecticut, USA.
The Mailtraq Associate Scheme is managed by Enstar LLC, the worldwide distributor of Mailtraq.
We will try to settle any dispute through direct negotiation. Any dispute which cannot be resolved by direct negotiation may be referred, if required by either of us, to mediation, and the relevant CEDR (Centre for Effective Dispute Resolution) rules shall apply to the mediation.
Any dispute which cannot be settled by negotiation or mediation will be finally resolved by arbitration by a single arbitrator. The arbitration will take place in Connecticut. The arbitrator, if not appointed by Agreement, will be nominated by the National Academy of Arbitrators in New York, NY.
