Affiliate Agreement

This Affiliate Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Cantovation Technology Sing & See Affiliate Program (the "Program"). As used in this Agreement, "we" means Cantovation Technology, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to the Sing & See site www.singandsee.com or to the site that you will link to our site.

1. Application Process

To apply to the Program, you will submit a complete Program application on our site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We will reject your application if we determine, at our sole discretion, that your site is unsuitable for the Program. Unsuitable sites include but are not limited to those that: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; or violate intellectual property rights.

2. Order Tracking

We will track and process product orders placed by customers who follow special links from your site to our site. We will send you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the special links between your site and our site are properly formatted. When a customer comes to our site from your links, our web server sends a client-side “cookie” containing your affiliate code to their computer. Our system uses those cookies to identify your site. For customers whose web browsers have been set to reject cookies, our system will track the primary URL address the customer came from, and where possible match that address to your site for credit.

If a customer already has an affiliate cookie, our tracking system will not replace it, unless it has already reached its 30 day expiry. This means that we pay commission to the FIRST affiliate to refer a sale, rather than the last affiliate link. After 30 days the cookie expires and a subsequent referral will result in a new affiliate cookie being set.

3. Qualifying Sales

For a product sale to qualify for a commission, the customer must follow a link in the format specified by us from your site to ours; purchase the product using our online ordering system; accept delivery of the product; and remit full payment to us. We reserve the right to reject orders that do not comply with requirements that we periodically may establish. We will credit your account for every qualifying purchase a customer makes, so long as your site was the first one to have made the referral and so long as the customer's purchases are completed within 30 days of having been referred. The Program is intended for commercial use only and you may not purchase products through the Program for your own use.

Discount Coupons

Note that discount coupons for use on the Sing & See website are either issued directly to customers for their own use or used as a direct customer recruitment tool. Coupons include instructions that they are to be redeemed at www.singandsee.com. For this reason, if a customer uses a coupon on a purchase, the sale is not deemed to be an affiliate referral whether or not an affiliate cookie is present.

4. Commissions

You will earn commissions based on the sale value of Qualifying Sales according to schedules we establish. "Sale value" means the amount actually paid by a customer for one of our products and excludes shipping costs, sales taxes and other duties, and similar charges which may be associated with an order.

The current commission schedule for software sales is as follows:

Sell up to $999 during a month and you'll earn 25% commission on software products.
Sell between $1000 and $2499 during a month and you'll earn 30% commission on software products
Sell more than $2500 during a month and you'll earn 35% commission on software products.
For bona fide Singing Teachers the commission rate is 40% on all software sales.

The current commission schedule for books is as follows:

10% commission on all book sales

The current commission schedule for packages is as follows:

Sell up to $999 during a month and you'll earn 10% commission on software products.
Sell between $1000 and $2499 during a month and you'll earn 15% commission on software products
Sell more than $2500 during a month and you'll earn 20% commission on software products.
For bona fide Singing Teachers the commission rate is 20% on all package sales.

Note all dollar amounts refer to US Dollars. For any sales made on our site in currencies other than US dollars, your commission will be calculated after first converting the sale amount into US dollars at the currency exchange rate set at the beginning of each month.

Payment of Commissions

We will pay commissions monthly approximately 15 days following the end of the calendar month in which they are earned. We will send payment through Paypal® to the email address you specify, less any taxes that we are required by law to withhold. Payment will be made in US Dollars unless we agree to make special arrangements to pay you in another available currency.

Returns

We have a no-questions asked money back guarantee so occasionally make refunds to customers. If a product that generated a commission is returned by a customer, we will deduct the corresponding commission from your next payment. However if we have already paid the balance of your account and thereafter your site accrues no commissions during the following month, we will send you a bill for the overpayment.

5. Policies and Pricing

Customers who buy products through this Program will be deemed to be customers of Cantovation Technology. Accordingly, all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. 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. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

6. Responsibility for Your Site

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 ensuring that materials posted on your site are legal and do not violate or infringe upon the rights of any third party including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

7. Terms of the Agreements

The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales of Qualifying Products occurring during the term, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

8. Modification

We 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 commissions, commission schedules, payment procedures, and Program rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

9. 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.

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

11. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program including, without limitation, warranties of fitness, merchantability, non-infringement, 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 our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

12. Licenses and Use of our Logos and Trademarks

In exchange for the rights granted to us under paragraph 15.c. below:

WE GRANT YOU A NONEXCLUSIVE, NONTRANSFERABLE, REVOCABLE RIGHT, ON A ROYALTY-FREE BASIS, TO:

i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN CCORDANCE WITH THE TERMS OF THIS AGREEMENT; AND

ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE OUR LOGOS, TRADE NAMES, TRADEMARKS AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF SELLING OUR PRODUCTS ON YOUR SITE. YOU MAY NOT ALTER, MODIFY OR CHANGE THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT YOU ARE A MEMBER IN GOOD STANDING OF THE PROGRAM.

You shall not make any specific use of any Licensed Materials for purposes other than selling our Products on your site without first submitting a sample of such to us and obtaining our prior written consent. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke your license at any time by giving you written notice. Any additional goodwill arising out of your use of the Licensed Materials will inure solely to our benefit.
In return for our granting you certain rights under this agreement, you grant us a nonexclusive license, on a royalty free basis, to utilize your names, titles and logos, as the same may be amended from time to time, to advertise, market, promote and publicize in any manner our rights hereunder, provided, however, that we shall not be required to so advertise, market, promote or publicize. This license shall terminate upon the effective date of the expiration or termination of this agreement.

13. 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.

14. Miscellaneous

This Agreement will be governed by the laws of New Zealand, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts in Auckland, New Zealand, 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.