This Agreement shall begin on the date of acceptance of this agreement by the reseller, unless earlier terminated according to its terms. The Agreement will be automatically renewed by RemotePC on an annual basis, unless the either party submits a notice of non-renewal. In carrying out this agreement, Reseller will conduct itself in an ethical and lawful manner, will exercise its best efforts to achieve a high level of customer satisfaction and will not bring the reputation of RemotePC into disrepute.
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Either party may terminate this Agreement with or without cause. RemotePC reserves the right to terminate this Agreement immediately with or without notice if 1) Reseller fails to conform to any restrictions contained on this Agreement; 2) Reseller performs any activities regarded as illegal, 3) There are any material changes in the ownership and management of the Reseller or Reseller’s business. Upon the termination of this Agreement for any reason, Reseller will immediately cease use of and remove from Reseller site or product, all links to our site, RemotePC trademarks, logos and all other materials provided by or on behalf of us to Reseller pursuant here to or in connection with the Program.
RemotePC reserves the right to verify the 'qualifying revenues' as discussed in the 'Referral Fees' and 'Referral Fee Schedule' paragraphs earned by the partner in the prior periods leading up to the termination and may seek a refund of commissions paid based on the verification up to a period of 2 years from the termination date.
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RemotePC will not be held responsible for Reseller’s errors, or the prices Reseller are selling it for. RemotePC has the right to revise its prices to Reseller with fourteen (14) days' written notice. Such revisions shall apply to orders received by RemotePC on or after the effective date of the revision.
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The Referral Reseller program offers a program whereby the reseller refers their customers to the RemotePC remote access Service. RemotePC provides the reseller a specific URL to identify their clients’ referrals. RemotePC provides all accounting, customer service and back office operations. Reseller receives 25% of revenue generated by their customers, paid quarterly, for the life of the account.
Links on Reseller Site or product
RemotePC will provide reseller with guidelines and graphical artwork to use in linking to RemotePC’s customized home page. To permit accurate tracking, reporting and referral fee accrual, RemotePC will provide reseller with special "tagged" link formats to be used in all links between RemotePC and reseller’s site. Reseller must ensure that each of the links properly utilizes such special link formats. Reseller will earn referral fees only with respect to activity on RemotePC’s site occurring directly through Special Links; RemotePC will not be liable to reseller with respect to any failure by reseller to use Special Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to reseller pursuant to this Agreement. “Links to RemotePC site placed on reseller’s site or product pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links."
Order Processing
RemotePC will process RemotePC subscription orders placed by customers who follow Special Links from Reseller site or product to our site. Even if the users create a free account, RemotePC will still track the special links and Reseller will get the referral fees when they actually subscribe later. RemotePC reserve the right to reject orders that do not comply with any requirements that RemotePC may establish periodically. RemotePC will be responsible for all aspects of order processing and fulfillment. Among other things, RemotePC will prepare order forms, process payments, cancelations, returns and handle customer service. RemotePC will track sales made to customers who subscribe by using Special Links from Reseller site or product to our site and will make available to Reseller reports summarizing this sales activity. The form, content and frequency of the reports may vary from time to time in our discretion.
Referral Fee Schedule
Reseller will earn referral fees based on Qualifying Revenues according to referral fee schedule established by RemotePC. "Qualifying Revenues" are revenues derived by RemotePC from RemotePC’s sales of Qualifying Products, excluding credit card processing fees, returns and bad debt. The current referral fee schedule is 25% of Qualifying Revenues resulting from subscription accounts, on a recurring basis. RemotePC will pay Reseller referral fees on a quarterly basis. If Reseller fails to bring/introduce any new customers within 90 days of the contract execution date, Reseller’s account will be canceled. Once Reseller’s referral cancels the service Reseller will no longer be liable to receive commissions for that subscriber from the date of cancelation.
Referral Fees
For a subscription to be eligible to earn a referral fee, the customer must click-through a Special Link from Reseller's site or product to our site and sign-up for a paid account. The session ends upon the following: 30 minutes elapses from the customer's initial click-through.
Using our referral program is very simple for both you and your customer
We provide a URL, specifically for your clients, to help them access the RemotePC remote access service. Your client can then opt for a free account or directly sign-up for a paid account. We identify a customer via the URL. Of the monthly revenue collected from this customer, we set aside 25% of the gross revenue generated and reimburse it to you as commission for the referral, paid quarterly, for the life of the account. Note that the referred accounts have to be credit card based only. No check-based accounts are allowed. This payment is made only from funds actually received. We provide all the accounting, customer service and back-office structure. So just sign-up new customers and collect the revenue. |
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RemotePC 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 RemotePC have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to Reseller under this Agreement.
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RemotePC 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, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, RemotePC make no representation that the operation of our site will be uninterrupted or error-free and RemotePC will not be liable for the consequences of any interruptions or errors.
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RESELLER ACKNOWLEDGE THAT RESELLER HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. RESELLER UNDERSTAND THAT REMOTEPC MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE REMOTEPC SITES THAT ARE SIMILAR TO OR COMPETE WITH RESELLER REMOTEPC SITE. RESELLER 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.
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This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Los Angeles, California and Reseller consent irrevocably to the jurisdiction of such courts. Reseller may not 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 be enforceable against the parties and their respective successors and assigns. Our failure to enforce Reseller strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
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