OFFICIAL RULES OF THE LETTERCLICK PARTNER POWER AFFILIATE PROGRAM
Eligible Products and Services
The eligible products and services are all LetterClick proprietary products and services.
Eligible Participants
The program is open to all legal residents of the United States who are 18 (eighteen) years of age or older.
Employees, officers, directors, agents, representatives, as well as immediate family and household members of LetterClick are not eligible to enter. For the purposes of this program, "immediate family" refers to an employee's husband, wife, or common law partner, parents, siblings, children, stepchildren, brother-in-law, sister-in-law, father-in-law, mother-in-law, and/or their respective husbands, wives or common law partners.
Participation
To participate in the program, the Referral Program Participant ("you") must fully complete and submit to LetterClick a Referral Program Participation Form on the LetterClick web site (www.letterclick.net/affiliate).
By entering LetterClick’s Partner Powers Referral Program (the "Program"), you agree to abide by the Official Rules, which govern the Program, and any decisions made by LetterClick.
LetterClick takes no responsibility for any Participation Forms that are incomplete, illegible, lost, misdirected, improperly recorded or not received for any reason.
LetterClick reserves the right to prohibit you from participating in this Program or any future program(s) if you consistently display a disregard for LetterClick’s program rules, or act with an intent to annoy, abuse, threaten, or harass any other participant, employee or representative of LetterClick.
By submitting below you represent and warrant to LetterClick that your participation in LetterClick’s Referral Program satisfies the following conditions: (a) that you have disclosed your participation in this program to your employer, if you have an obligation to do so; and (b) that you have obtained all necessary approvals from your employer with respect to participating in the Program and any compensation that may result.
LetterClick shall not be liable for any act or omission, which results in a breach of confidentiality, representations and warranties, or infringement claims with respect to any information you may have provided to LetterClick as a result of your participation in our Program.
LETTERCLICK DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL EXPRESS AND/OR IMPLIED WARRANTIES REGARDING THE BRANDMAIL® SERVICES, OTHER LETTERCLICK SERVICES OR ANY MATERIALS PROVIDED BY LETTERCLICK TO REFERRAL PROGRAM PARTICIPANT PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER, OR OTHERS, FOR ANY LOST REVENUE, LOST PROFITS, REPLACEMENT GOODS, LOSS OF TECHNOLOGY, RIGHTS OR SERVICES, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.
You acknowledge and agree that the relationship between you and LetterClick is that of independent contractors, and nothing in these rules or by participating in our Program shall be construed as making you or any of your employees an employee, partner or representative except as may be expressly provided in these rules. You may, however, represent yourself as an authorized BrandMail® Affiliate or BrandMail® Referral Partner. You have neither the expressed nor implied authority to accept orders from customers on behalf of LetterClick nor to enter into or modify contracts, whether oral or written, on behalf of LetterClick. You shall not represent that your products or services are affiliated with or endorsed by LetterClick.
LetterClick reserves the right to modify these rules and the referral payment rate at any time, in its sole discretion, by notifying you via this web page. As such, you are advised to review this page regularly for any changes. These official rules were last updated on April 2, 2005.
Qualifying Referrals
A qualifying referral will be determined at the sole discretion of LetterClick in accordance with the following criteria:
- that proposed customer is referred by you using 1) a LetterClick tracking link, or 2) timely email to referral@letterclick.com with full contact info, or 3) other means specified in LetterClick promotions from time to time
- alternatively that proposed customer arose directly from a Chamber of Commerce partnership that you introduced and referred and were instrumental in bringing into LetterClick Chamber of Commerce Program;
- that the proposed customer is not one with whom LetterClick already has a contact or business relationship;
- that LetterClick has not already received an identical or substantially similar referral;
- that the customer has satisfied LetterClick's payment requirements with respect to the services and has passed the 30 day money back guarantee period;
- that the referral information is accurate, reliable, and not subject to any conflicts of interest, breach of confidentiality, non-solicitation or non-compete obligations which may attach to you;
- that the referral relates to a new customer as compared with an existing or return/renewing customer of LetterClick; and
- that you are willing to promote in a positive manner and/or assist LetterClick, to the best of your knowledge and ability, in the event that LetterClick requires more information or an introduction with respect to your customer referral.
- alternatively that proposed customer arose directly from a Chamber of Commerce partnership that you introduced and referred and were instrumental in bringing into LetterClick Chamber of Commerce Program;
A referral may be disqualified, in LetterClick's sole discretion, if you have breached any of the terms and conditions of the Referral Program.
If your referral qualifies, you will earn a minimum of 10% of the total price of the all eligible services and products purchased by your referred customer. Any additional services that the referred customer requests subsequent to their initial contract with LetterClick will constitute a subsequent qualifying referral payment. For greater clarification, there may be more than one referral payment for each referred customer with respect to their various orders for BrandMail® services with LetterClick when those services are ordered at different times. In addition the total referral commission shall in no event exceed $100,000 (e.g. if the initial sign up fee is $1,200,000, the referral commission shall be $100,000).
If your referral qualifies, and occurs within 30 days of a special promotional activity for BrandMail® that you have financed and of which you have notified LetterClick and for which you have received approval from LetterClick in writing in advance, then the referral commission above shall increase from 10% to 20%.
If your referral qualifies, provides payment information and orders paid LetterClick services and becomes an active paid subscriber with no contact required by LetterClick for "selling" or obtaining payment, then the referral commission above shall increase from 10% to 20%.
Referral fee incentives or adders can not be combined unless so stated with the incentive or adder, and in no case shall the referral fee plus incentives or adders exceed 20% of the total price of services collected.
If your qualifying referral does apply and is accepted in The Program and becomes and Affiliate under the program, and generates qualifying referrals of their own, you shall receive 5% on their qualifying referals during such time that both you and they are actively in The Program. This 5% is paid over and above the fees paid to the Affiliate you have referred.
For qualifying referrals, your Referral Program Participant payment will become payable thirty (30) days after LetterClick has received payment in full from the referred customer in accordance with the terms and conditions of our contract with them. All payments will be sent to you on an annual basis, unless they exceed $100 in which case they are paid on a quarterly calendar basis, by regular mail in accordance with the mailing information you provided to LetterClick on the Participation Form as at the time of your submission of this document. Payments shall be made within 30 days of the close of year or quarter (as indicated above) in which the collection was made and in which the payment became due. LetterClick shall not be responsible for any lost, misplaced or undelivered mail and shall not have any obligation with respect to the updating of your mailing address information. LetterClick may choose to make payments more frequently than these rules require, and by so doing, in no way changes its obligations under this paragraph.
All payments will be in the form of a check and will be calculated and made in U.S. dollars. All details required for making payment to you, if your referral qualifies, will be derived from the information you provided to LetterClick in your Participation Form, which you represent and warrant to be complete and accurate with absolutely no competing payment obligations whatsoever regarding your employer.
LetterClick's maximum liability to you under this program is limited to the referral fees which become payable to you in accordance with the rules of this Referral Program.
All federal, state, provincial and local laws apply. A qualifying participant is solely responsible for all applicable federal, state, and local taxes.
The Referral Program may be terminated by LetterClick at any time without prior notice.
The Referral Program is governed by these official rules. If you do not wish to be bound by the terms and conditions set out above, then do not submit or fill out the attached Participation Form. However, if you are in agreement with these official rules and wish to proceed, please read and attest to the following statement. You are reminded that LetterClick reserves the right, in its sole discretion, to revise any of the terms herein at any time. Any changes will be posted on this web page. Your continued participation in this referral program after the posting of any such changes constitutes your binding acceptance of the changes.
I hereby acknowledge: (a) that I have read and understand the Official Rules Governing LetterClick's BrandMail® Referral Program; (b) that I agree to be bound its terms and conditions; and (c) that I evidence my agreement by completing and submitting an Affiliate Program Application