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Affiliate Agreement

By signing up to be an Affiliate in the PixelGravy Affiliate Marketing Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

Barrow Design LLC reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.PixelGravy.com/affiliate_agreement

Violation of any of the terms 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.

Account Terms

Links & graphics on your site, emails, or other communications

Once you have signed up for the Affiliate Marketing Program, you will be assigned a unique Affiliate URL. You are permitted to place this URL on your site, in your emails, or in other communications.

To permit accurate tracking, reporting, and referral fee accrual, you must ensure that each of the links between your site and the PixelGravy site properly utilizes such special link formats. Links to the PixelGravy site placed on your site pursuant to this Agreement 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 PixelGravy 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 this Agreement.

Affiliate links must point to the PixelGravy home page. Deep links, or links to other pages inside the site will not earn credit.

Referral commissions & payment

For a sign-up 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 PixelGravy site and sign up for a free 30 day trial during that session, and then become paying customer by purchasing a monthly or annual plan before the end of that free 30 day trial. The session ends once someone closes their web browser, navigates away from the PixelGravy site, or otherwise leaves the PixelGravy Site without signing up for a free 30 day trial before leaving the site. If they leave the site, come back later on their own, and then sign up for the 30 day trial and later become a paying customer, you will not earn a commission. A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to a browser from a web site's computers and stored on a computer's hard drive. Cookies are required to use the Affiliate Marketing Program and customers must have cookies enabled in their browsers for the sign up to be counted by the system.

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 on the 28th day of their term, you will not receive prorated commissions or a commission for the current month.

The current commission structure is 10% of the monthly plan fee. 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 or someone says they entered a referral code 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've earned more than $100 in affiliate income. If your affiliate account never crosses the $100 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $100 threshold.

Payments are made via PayPal

Commissions are paid by PayPal and only by 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.

Identifying yourself as a PixelGravy Affiliate

As an affiliate you are permitted to offer our software service in conjunction with your own value-added services including design, development, support, website maintenance and consultation, but you must refer your clients to the pricing, descriptions of service and terms of use posted at PixelGravy.com. You may not in any manner misrepresent or embellish the relationship between us and you, say you had any part in producing products displayed on our website, say you are part of Barrow Design LLC, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement as required by any Federal Trade Commission requirements or as permitted through any official addendum to this agreement. This includes not expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause.

Payment schedule

As long as your current affiliate earnings are over $100, you'll be paid roughly every 30 days. If you haven't earned $100 since your last payment, we'll pay you roughly 30 days after you've crossed the threshold. Payments are only made via PayPal.

Customer definition

Customers who buy products 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 product sales will apply to those customers. If you will be providing design, development, support, maintenance or other value-added services to customers you refer, your role must be clearly defined in writing and presented to us for acceptance before entering into any agreement with the customer. Any failure to do this may result in termination of this agreement and waiver of affiliate earnings. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. You are permitted to

Your responsibilities

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

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

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 the PixelGravy site, 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. Barrow Design LLC reserves the right to end the Program at any time. Upon program termination, Barrow Design LLC will pay any outstanding earnings accrued above $100.

Termination

Barrow Design LLC, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Barrow Design LLC service or product, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, 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. Barrow Design LLC reserves the right to refuse service to anyone for any reason at any time.

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 anything in this Section.

Limitations 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 referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products and/or services sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the PixelGravy site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in the State of Utah, USA, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Utah (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of the United States and the State of Utah USA, without reference to rules governing choice of laws. 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 be enforceable against the parties and their respective successors and assigns. 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.

The failure of Barrow Design LLC to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Barrow Design LLC and govern your use of the Service, superceding any prior agreements between you and Barrow Design LLC (including, but not limited to, any prior versions of the Terms of Service).