Affiliate Marketing Agreement
GC Trading Systems Operating Agreement
This agreement contains the complete terms and conditions that apply to an individual's or entity's participation in GC Trading Systems’ affiliate program. As used in this agreement, "We" means GC Trading Systems, and "You" means the Affiliate.
1 - Privacy Agreement
GC Trading Systems will guarantee that contact information of its Affiliate partners and their customer’s will not be sold, given to, or shared with a third party.
2 - Commission Rate and Affiliate Payments
Affiliates will receive a 30% commission of total revenue received from Affiliates’s customers for up to 12 months (depends how long each customer stays subscribed but, again, the max is 12 months. e.g. If a customer stays 13 months, you will not be paid for any month after the 12 months.). If a customer buys a one-time payment product with your code, you will receive a commission once. Commissions are payable monthly upon payment received from Affiliate’s customers through PayPal or other payment methods if mutual agreement. GC Trading Systems will use reasonable efforts to ensure that Commission is paid within 30 days of the end of the month in which the Revenue is received. GC Trading Systems will provide a report of Commission payable monthly within 10 business days of the end of the month. Refunded and disputed payments will be held back from commission payments.
3 - Order Processing
GC Trading Systems will process product orders placed by customers who follow links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment unless otherwise agreed upon in the affiliate program. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service.
4 - Product Pricing
Retail software prices are to be consistent with the pricing we set as standard. No Affiliate will be allowed to sell the software below the MSRP without expressed written consent from GC Trading Systems. Quantity discounts may apply and are at the sole discretion of our pricing policies. Prices are subject to change, and product prices and availability may vary from time to time.
5 - Identifying Yourself as an Affiliate and Responsibility for Your Site
Affiliate may use any graphics provided by us on our website or create your own for the advertising and promotion of our software. Any graphics created by you are subject to our approval and modification. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: 1) technical operation of your site and all related equipment, 2) creating and posting our product description on your site, and 4) linking to our servers.
6 - Terms of the Agreement
The term of this agreement will begin upon your acceptance of our program 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 our site, and all GC Trading Systems trademarks and logos, and all other materials provided by, or on behalf of us, to you in connection with the program.
7 - Modification
GC Trading Systems may modify any of the terms and conditions contained in this agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. We will notify you of any change by sending a notification email.
8 - Relationship of Parties
GC Trading Systems and Affiliate 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
9 - 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 referral fees paid or payable to you under this agreement.
10 - Miscellaneous
This agreement will be governed by the laws of the United States and the state of Texas, 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 Collin County, Texas, and you irrevocably consent to the jurisdiction of such courts. 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. 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.