I understand and agree that the only way to obtain this copyrighted software is to purchase it wholesale from Creative Software Systems. I may not for any purpose, make any changes to the software. Software obtained from Creative Software Systems will never be advanced on credit. I also understand that by selling any unpaid copy of the software, I will be in violation of federal law and subject to criminal penalty. I recognize the seriousness of copyright infringement and will report anyone whom I find using Creative Software Systems software products unauthorized.
I understand that I am not an employee or contractor of Creative Software Systems. I will conduct my business in the sales of the software as an independent partner. I will keep my own records and pay all of my own taxes for the area in which I reside.
1. DEFINITION(S).
(a) Partner. The Term "Partner" is used herein to describe independent partners of the software products (hereinafter, the "Products") of Creative Software Systems. Partners are NOT agents of Creative Software Systems. Partners are INDEPENDENT RESELLERS of the Products of Creative Software Systems. The undersigned understands and agrees to the wholesale pricing Terms of Creative Software Systems. (b)Territory. Creative Software Systems make no guarantees in the offering of any exclusive territories. Partners assume FULL and complete responsibility for their independent actions.
2. DISTRIBUTOR PRICING & TERMS. The partner pricing structure for our software systems is as follows. This wholesale price is ONLY for copies of our software downloaded from the Internet, and is subject to change as deemed necessary by Creative Software Systems. Partners are allowed to negotiate prices with individual clients, but NEVER alter web site pricing or any other publicly viewed pricing to reflect costs different from company advertised prices. Note: Never negotiate below your wholesale price. All web sites must reflect current pricing structures in accordance with Creative Software Systems. Any additional partner programs which become available will be announced by company. If the need arises for volume pricing call or email company for alternate pricing structures.
(a)By filling out the signup form you will automatically become an partner and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a 25% commission on commissionable products purchased by your referral individuals.
(b)You may use graphic and text links both on your website and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions in section 3, subsection E below.
(c)We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to partner tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the partner program and/or products sold at this site. We make no claim that the operation of the partner program and our website will be error-free and we will not be liable for any interruptions or errors.
Partner fully understands that it is a federal crime punishable by imprisonment to sell or distribute any copies of software to which he/she has not purchased. All copies of software created by Creative Software Systems must be purchased prior to distribution. There are no exceptions to this rule.
3. NON-EXCLUSIVE LICENSE. Creative Software Systems hereby grants to each Partner a non-exclusive license to use all or part of the advertising materials which may be supplied to Partners under the Terms of this agreement throughout the territory during the Term in connection with the distribution, advertising, promotion, marketing, and sale of the Products on the following terms and conditions:
(a) Ownership of Copyrights. All promotional materials created by Creative Software Systems are exclusive to Creative Software Systems and all rights worldwide are reserved and held by Creative Software Systems.
(b)Representations, Covenants and Warranties. Partners shall submit all advertisements and/or additional promotional material to Creative Software Systems for review.
ii) Partner shall not register or attempt to register the name of our Products for his own benefit or the benefit of any third party anywhere in the world. Partner acknowledges that only Creative Software Systems or Creative Software Systems may file and file a service mark, trademark and/or copyright applications regarding the use of Product names throughout the world.
(ii) Partner shall never (1) challenge the validity or ownership of Product names or any application for registration thereof, or any copyright, service mark or trademark registration thereof in any jurisdiction or: (2) attack the validity of this license or contest the fact that Partner's rights under this Agreement terminate upon the expiration or termination of this Agreement.
(iii) Partner shall not directly or indirectly use or infringe upon Product names and shall not contribute to or induce such use or infringements by selling the Product to any person or entity whom Partner knows, or has reason to believe, intends to use or infringe upon the Product name.
(iv) Partner shall not at any time promote, advertise, display, commercialize or otherwise use the Product or the Materials in a manner that could adversely affect any rights of ownership of the materials therein or in a manner that would derogate or detract from Creative Software Systems goodwill or reputation.
(d) Non-Assignability. The License granted herein is strictly personal to Partner. Neither this Agreement nor any of the rights granted to Partner hereunder shall be sublicensed, assigned or otherwise transferred by Partner, by operation of law or otherwise, to any person, firm or corporation, and any attempted transfer shall automatically terminate the License and all other rights herein granted without further notice.
(e) Effect of Expiration or Termination. Creative Software Systems may terminate this License at any time at their sole discretion. Upon the expiration or termination of this License for any reason, or if notified by Creative Software Systems in writing not to use any or all of the Materials is at the sole discretion of Creative Software Systems. Partner and his receivers, representatives, trustees, agents, administrators, and successors shall immediately discontinue all marketing of the products and shall no longer have the right to use any of the Copyright(s) and/or Trademark(s) of Creative Software Systems. Your partner application and status in the program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (False claims, misleading hyperlinks, etc.)
- Spamming (mass email, mass newsgroup posting, etc.)
- Advertising on sites containing/promoting illegal activities
- Violation of intellectual property rights
(f) NON-DISCLOSURE. The Partner understands that the business systems and procedures of Creative Software Systems are the properties of Creative Software Systems. The undersigned agrees not to attempt to duplicate the system or business procedures currently used by Creative Software Systems for any business ventures of their own, not directly related to Creative Software Systems. The undersigned understands and agrees that all ideas and business procedures learned from Creative Software Systems will be kept confidential and not revealed to anyone outside of Creative Software Systems.
4. APPLICABLE TAXES. Partners shall be responsible for all government taxes relating to the sale of the software.
5. QUALIFICATIONS(NO EXCEPTIONS or NEGOTIATIONS)
(a). Partner purchases will be placed via secure website via the following payment methods: Credit card(MasterCard, Visa, American Express, Discover/Novus)
These terms will begin upon your signup with the partner program and will end when your partner account is terminated. We may modify the terms of this agreement at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your partner account. Your continuing participation in the program will constitute your acceptance of any change.