Affiliate Program Terms and Conditions

Terms of Service

Your use of Gospel Software’s Affiliate Program (“Program”) is subject to the terms of a legal agreement between you and Gospel Software, LLC (“Gospel Software”).

By signing up for, using or accessing the Program, you acknowledge that you have read and understood the following terms and conditions (“Terms of Service”) and you agree to be bound by these terms and conditions. These Terms of Service do not alter in any way the terms or conditions of any other agreement you may have with Gospel Software, or its subsidiaries or affiliates, for products, services or otherwise.

Violation of any of the terms below will result in the termination of your account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

1. Program Offering

Gospel Software grants you a limited license to access and make use of the Program. This license may not be re-sold by you, nor assigned by you without our prior written consent. Subject to that restriction, these Terms of Service will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.

You agree to use the Program only for purposes that are permitted by (a) these Terms of Service and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries).

Gospel Software reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Program or any features within the Program at Gospel Software’s sole discretion and without prior notice to you.

Gospel Software shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Program.

2. Your Responsibilities

You must be 18 years or older to participate in the Program.

As a condition of your use of the Program, you agree to (a) provide Gospel Software with true, accurate, current and complete information as prompted by the Gospel Software registration forms, when registering for or using the Program and (b) update and maintain the truthfulness, accuracy and completeness of such information.

Your account may only be used by one person. A new account must be created for each person who wishes to participate in the Program. No person or legal entity may create more than one account.

You agree and understand that you are solely responsible for maintaining and protecting the confidentiality of passwords associated with any account you use to access the Program, and are solely responsible to Gospel Software for all activities that occur under your account. You agree to notify Gospel Software immediately of any unauthorized use of your account or password, or any other breach of security. Gospel Software cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

You agree not to access (or attempt to access) the Program by any means other than through the interface that is provided by Gospel Software. You specifically agree not to access (or attempt to access) the Program through any automated means (including use of bots, scripts or web crawlers). You agree that you will not engage in any activity that interferes with or disrupts the Program (or the servers and networks which are connected to or used by the Program). You agree that you will not reproduce, duplicate, sell, trade or resell the Program or otherwise make any derivative uses of the Program, for any purpose.

You are solely responsible for all Content posted and activities that occur under your account. As a condition to your participation in the Program, you agree (a) not to use the Program for or in connection with illegal or unauthorized purposes; (b) not to use the Program in connection with the infringement of any party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity and privacy; (c) not to use the Program in connection with any unlawful, harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, offensive or otherwise objectionable material of any kind or nature; (d) not to use the Program in connection with the uploading, posting, hosting or transmission of unsolicited email, SMSs, or “spam” messages; (e) not to use the Program in connection with the transmission of any worms or viruses or any code of a destructive nature; (f) not to use the Program in connection with the impersonation of, or any attempt to impersonate, any other person, falsification of contact information, misrepresentation of a relationship with any person or entity, or otherwise misleading of others as to your identity.

You may not directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money, rebate or rewards, or granting of any discount or other benefit) for using Special Links on your site to access the Gospel Software site.

You acknowledge that as a participant in the Program, we may from time to time send you email updates about the Program. By participating in the Program, you consent to our sending you these email updates.

Your site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

3. Special Links

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to the Gospel Software site. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the Gospel Software site. You must ensure that each of the links between your site and the Gospel Software site properly utilizes such special link formats. Links to the Gospel Software site placed on your site pursuant to these Terms of Service and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sign-ups on the Gospel Software site occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to these Terms of Service.

You acknowledge and agree that Gospel Software (or Gospel Software’s licensors) own all legal right, title and interest in and to Gospel Software’s services, trade names, trademarks and all other intellectual property rights. All rights not explicitly granted in these Terms of Service are reserved to Gospel Software.

4. Commissions and Payment

For a sale of a Gospel Software product or service to be eligible to earn a referral fee, the customer must click through a Special Link from your site, email, or other communications to the Gospel Software site and sign up for the product or service during that session. The session ends once someone closes their web browser, navigates away from the Gospel Software site, or otherwise leaves the Gospel Software site without signing up for a product or service before leaving the site. If they leave the site, come back later on their own, and then purchase a product or service, you will not earn a commission.

There are two types of referral fees that can be earned: (a) sign-up commissions, and (b) recurring commissions. Sign-up commissions are earned once the customer has made their first monthly payment. Recurring commissions are paid every month, starting on the second month, after the customer has made their first monthly payment. Commissions are only earned if a customer makes a payment. If they cancel their account before the end of a billing cycle, you will not receive prorated commissions or a commission for the current month.

The current commission information may be found at: http://www.gospelsoftware.com/affiliate. The commission structure is subject to change at our discretion. We will notify all Affiliates 30 days prior to a commission structure change. Commissions earned under the previous structure will be paid under the previous structure. Commissions under the new structure will be paid under the new structure.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they signed up if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you have earned more than $100 in affiliate income. If your affiliate account never earns more than $100, your commissions will not be realized or paid. We are only responsible for paying accounts that have earned more than $100.

We are obligated by U.S. federal law to obtain tax information from Program participants who are U.S. citizens, U.S. residents or U.S. corporations and from Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S. If we believe you are a Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your referral fee payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

5. Payment Method and Schedule

Commissions are paid using PayPal and only using PayPal. We can not send checks, credit credit cards, or send cash. You are required to have a PayPal account to receive commissions. If you don’t have a PayPal account you can sign up for one at any time, but you will not be paid until you have one.

Subject to applicable restrictions in these terms, you will be paid within 30 days after the end of any calendar month in which your current affiliate earnings exceed $100.

6. Identifying Yourself as a Gospel Software Affiliate

You may not issue any press release with respect to this agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products or services, say you are part of Gospel Software, LLC, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by these Terms of Service (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

You may not purchase products or services through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of these Terms of Service.

7. Customer definition

Customers who buy products or services through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products and services sold under this Program in accordance with our own pricing policies. Prices and availability may vary from time to time. Because price changes may affect products or services that you have listed on your site, you should not display prices on your site.

8. Term and Termination

The term of this agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this agreement for any reason, you will immediately cease use of, and remove from your site, all links to Gospel Software, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Gospel Software reserves the right to end the Program at any time. Upon program termination, Gospel Software will pay any outstanding earnings accrued above $100.

Gospel Software, in its sole discretion, may immediately terminate these Terms of Service, your account and all current or future use of the Program, for any reason at any time. Termination of your account includes removal of your access to all Services, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Gospel Software reserves the right to refuse services to anyone for any reason at any time.

9. Relationship of Parties

You and we are independent contractors, and nothing in these Terms of Service will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

10. Disclaimer of Warranties

You understand and agree that use of the Program, or any products or services sold through the Program, is at your sole risk. The Program is provided on an “as is” basis. Gospel Software expressly disclaims all warranties of any kind, whether expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Gospel Software makes no warranty that (a) the Program will meet your requirements; (b) the Program will be uninterrupted, timely, secure or error-free; (c) the results, Content or any other information obtained through the use of the Program will be accurate, complete, reliable, current or error-free; (d) the Program, its servers or email sent from Gospel Software or the Program are free of viruses or other harmful components; or that (e) any errors in the Program will be corrected. In some jurisdictions, disclaimers of implied warranties are not permitted. In such jurisdictions, some of the foregoing disclaimers may not apply to you as they relate to implied warranties.

11. Limitations of Liability

In no event shall Gospel Software, LLC or its affiliates or subsidiaries, nor their respective directors, members, employees or agents be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential or exemplary damages (even if Gospel Software has been advised of the possibility of such damages), resulting from: (a) the use of or the inability to use the Program; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the Program; (c) disclosure of, unauthorized access to or alteration of your transmissions or data; (d) Content you submit, receive, access, transmit or otherwise convey through the Program; (e) statements or conduct of any third party through the Program; (f) any other matter relating to the Program; or (g) any breach of these Terms of Service by Gospel Software or the failure of Gospel Software to provide the Program under these Terms of Service.

In no event shall the aggregate liability of Gospel Software arising out of or relating to the use of or inability to use the Program, exceed the total referral fees paid or payable to you under these Terms of Service.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend and hold harmless Gospel Software, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys. fees and court costs due to or arising out of or related to: (a) any fraud or manipulation, or other violation of these Terms of Service by you; (b) the Content or other information provided by you to Gospel Software or that you submit, transmit or otherwise make available through the Program; (c) your use of the Program; (d) any violation of any rights of another or harm you may have caused to another; or (e) the development, operation, maintenance and contents of your site.

13. Independent Investigation

You acknowledge that you have read this agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

14. General Terms

When you use the Program or send emails to Gospel Software, you communicate with Gospel Software electronically and consent to receive communications from Gospel Software electronically. Gospel Software will communicate with you by email to your registered email address, by posting general notices in the Program, or by posting messages that are displayed to you when you log in to the Program. You agree that all agreements, notices, disclosures and other communications that Gospel Software provides to you electronically satisfy any legal requirement that such communications be in writing.

Gospel Software may make changes or modifications to these Terms of Service at any time and from time to time, at its sole discretion. When these changes are made, Gospel Software will make a new copy of the Terms of Service available at http://www.gospelsoftware.com/affiliate/terms. Any such changes or modifications will be effective immediately upon posting of revisions at this location. You understand and agree that your continued use of the Program following the posting of such changes or modifications constitutes your acceptance thereof.

These Terms of Service constitute the entire legal agreement between you and Gospel Software and govern your use of the Program (but excluding any services which Gospel Software may provide to you under a separate written agreement), and completely replace any prior agreements between you and Gospel Software in relation to the Program.

These Terms of Service, your use of the Program and the relationship between you and Gospel Software shall be governed by and construed in accordance with the laws of the State of North Carolina, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in Wake County, North Carolina and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms of Service. Notwithstanding this, you agree that Gospel Software shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

You agree that if Gospel Software does not exercise or enforce any legal right or remedy which is contained in these Terms of Service (or which Gospel Software has the benefit of under any applicable law), this shall not constitute a waiver of Gospel Software’s rights and that those rights or remedies will still be available to Gospel Software.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Service is invalid, then that provision will be removed from the Terms of Service without affecting the rest of the Terms of Service. The remaining provisions of the Terms of Service will continue to be valid and enforceable.

Gospel Software may assign any of its rights or obligations under these Terms of Service to (a) any subsidiary or affiliated legal entity; (b) any entity that acquires all or substantially all of the assets of Gospel Software; or (c) any entity that acquires all or substantially all of Gospel Software’s interest in the Program and/or related assets from Gospel Software. You acknowledge and agree that in the event such a transaction occurs, these entities will be entitled to provide the Program to you in accordance with these Terms of Service and the Gospel Software privacy policy.