DriverFinder™ Affiliate Agreement

This agreement describes the entire terms and conditions for participation in the DriverFinder Affiliate Program (the 'Program').

In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to DeskToolsSoft BV, the owner of DriverFinder and DriverFinderPro.com

Enrollment
ClickBank, (or Plimus), will create a unique URL for you when you accomplish a complete Affiliate Enrollment Form. In addition, you can use our link generators to create your affiliate URL (Clickbank Only). Both methods will create a URL that redirects users to our website.

Links
The Program provides the following types of links: download links, banner links, text links, product links, and page links.

Commissions & Payment
You will receive 75% for each DriverFinder sale as a commission from orders placed through your Affiliate Site or affiliate efforts (unless noted otherwise for a particular product) less the charges outlined by the ClickBank Agreement or Plimus Agreement.

For a sale to generate a commission for an Affiliate, the customer must complete the order form and remit full payment for the product ordered. Commissions will only be paid on sales that are made through qualified Affiliate links. All commissions and accounting is handled by ClickBank (or Plimus) and you can read more about their terms and conditions on their websites: ClickBank Agreement or Plimus Agreement.

ClickBank (or Plimus) will send a check for the applicable commissions within the framework of their policies: ClickBank Agreement or Plimus Agreement. If any order that generated a referral fee/commission is returned by the customer, or if there are any chargebacks, the amount will be deducted by ClickBank (or Plimus) from the next payment due the affiliate.

Generous Bonuses
Bonuses will be paid out via PayPal on or after the 15th of the following month for net sales from the month prior. "Net sales" are your total monthly sales minus refunds, chargebacks, bounced sales and special lower priced one-time-offer sales. Bonuses will only be paid on sales generated through qualified and valid affiliate links. In other words, violating any of the terms of this agreement (e.g., "Spam," "affiliate theft," etc.) will make you ineligible for bonuses. Additionally, we reserve the right to cancel this program at our sole discretion for any reason.

See http://www.driverfinderpro.com/affiliates for our current bonus structure.

You are automatically eligible for Bonuses when you sign up and promote DriverFinder. To claim your bonus, simply send an email to affiliates [at] driverfinderpro [dot] com, indicating your Clickbank (or Plimus) nickname, total number of sales, and the PayPal email address to which you want the bonus to be sent. Send this information on or before the 15th of every month. If not, you risk forfeiting your bonus for sales the month prior.

Order Processing
DeskToolsSoft will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a "reseller" and no "resale" rights are granted in ANY way on these products unless otherwise noted. You do NOT have the right to host any of our software on your own hosting account, servers, or web space for distribution.

Customers
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of DeskToolsSoft. Accordingly, all rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. DeskToolsSoft policies will always determine the price paid by the customer.

Qualification for Commissions
Affiliates must have an active link from their website or online advertisement to their Affiliate link in order to qualify for commissions.

Qualifying Sites
DeskToolsSoft reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Affiliate Program include sites which:

SPAM (UCE)
Unsolicited Commercial E-mail or SPAM - DeskToolsSoft and the DriverFinder affiliate program in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this contract and immediate dismissal from the DriverFinder Affiliate Program, with no refunds.

Bottom line: If you SPAM, you're out of the program!

Affiliate Theft
Anyone caught trying to defraud the affiliate program, change affiliate links, cause any interference with, or alteration to the website, will immediately result in termination of this contract and any loss of income resulting from such interference will constitute a felony.

Relationship of Parties
You and we are independent contractors, and nothing in this Agreement 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 this statement.

Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either DeskToolsSoft. or you 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, all licenses granted hereunder shall immediately terminate, and you will immediately cease use of and remove from your website all links to the DriverFinderPro website, and all DriverFinder trademarks and logos, other DriverFinder marks and all other materials provided in connection with this Agreement.

We may reject your application or terminate you if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, harmful, threatening, defamatory, obscene, sexually explicit harassing, or racially, ethically, or otherwise objectionable, such as sites that:

Modification
By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion. These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement. If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

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 damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions paid or payable to you under to this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Disputes
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: California, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: California, USA, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so. Mediation will be shared equally by each of us.

Assignment
You 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 enforceable against the parties and their respective successors and assigns.

Miscellaneous
Our failure to enforce your 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.

If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.

By signing up with ClickBank (or Plimus) and through our website, you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.