Family Management Software Affiliate Agreement

1) Terms of the Agreement: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 commission on sales occurring during the term.

2) 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 this site. Modifications may include, for example, changes in the scope of available commission fees, fee 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.

3) Limitation of Liability: Neither we nor our merchant partners will have any liability (whether in contract, warranty, tort (including, but not limited to, negligence), product liability or other theory) for any indirect, incidental, special, punitive, or consequential damages or any loss of revenue, data or profits arising under or with respect to this agreement or the affiliate program, even if we were advised of the possibility of such damages. Further, our aggregate liability arising under or with respect to this agreement or the affiliate program will in no event exceed the total revenue share paid or payable by us to you under this agreement during the preceding 12 month period prior to the date such liability arose.

4) Commission Payments: For a sale of a software product, which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee of 20% of the selling price of the product sold. Family Management Software LLC shall have no obligation to make payment of any commissions for which Family Management Software LLC has not received payment from the relevant Customer.

• Commissions for a given month are calculated on or before the 15th of the following month. Each month's earnings will be paid via PayPal within 15 days of month end.
• If you are paid over $600.00 in a single calendar year you will be sent a 1099 for tax purposes.

Family Management Software LLC reserves the rights to sell products outside of the affiliate membership plan on our site to our customers. There will be no commission paid to affiliates on these products.

Family Management Software LLC may discontinue products, or decrease any payout rate at any time, for any reason and immediately after which (in the case of discontinuation) you will not be credited for any future transactions originating from your Web sites and/or e-mails. Family Management Software LLC will send you a notice regarding each change in payout rate(s) or Product discontinuation.

• Charge backs. Family Management Software LLC may on its own initiative debit your account with an amount equal to a commission previously credited to your account in circumstances of a product return, duplicate entry or other clear error or with respect to a sale: non-receipt of payment from or refund of payment to the customer.

5) Responsibility for Your Web Site(s) and Your Participation: You will be solely responsible for the development, operation, and maintenance of all Web sites that are linked to the the Family Management Software Web Site hereunder and for all content, technology and other materials that appear on such Web sites. You acknowledge and agree that you are responsible for complying with all of the terms and conditions hereof and all applicable laws, rules and regulations. You represent, warrant, covenant, and agree that:

• You will not state or imply that we or the applicable Merchant Partners sponsor, endorse, sanction or otherwise approve your Web site or any of your products or service.
• You will not state or imply that you are an affiliate, associate, partner or agent of us or the Merchant Partners or otherwise take any action that could reasonably cause customers confusion as to our and/or the Merchant Partners' relationship with you.
• You will not take any action that could reasonably cause customers confusion as to the Web site on which any data collection, purchase transaction or other functions are occurring.
• You will not operate a Web site or transmit e-mail that contains or promotes libelous, defamatory, obscene, abusive, bigoted, and/or hate-oriented content, or offer any illegal good or service; and/or engage in spamming, indiscriminate advertising or unsolicited commercial e-mail.

If you engage in any of the foregoing, you shall be subject to termination and/or deactivation. You shall remain solely responsible for your web site content and e-mail content. Family Management Software LLC is, under no circumstances, responsible for the practices of any Affiliate or Merchant or their respective Web site(s), and/or e-mails.

6) Linking to Products. During the term as an affiliate you may link to product pages for the opportunity to earn commission. Upon approval by Family Management Software LLC for acceptance into our Affiliate Program, you may post (and remove) links from your web site or subscription e-mails at your discretion in accordance with this agreement. We encourage you to provide a link to our home page at "http://www.vitalfamilyinfo.com" and acknowledge that you are a Family Management Software affiliate. You must notify Family Management Software LLC support@vitalfamilyinfo.com of all sites that will include the Family Management Software LLC affiliate links prior to placement of the link.

• Use of Links to Products. You may not place links to products or product-related content in newsgroups, message boards, unsolicited e-mail and other types of spam, guest books, or similar Internet resources where restricted by the owner's usage policy. You must place links such that it is unlikely that the links will mislead the Visitor, and such that it is reasonably likely that the links will deliver bona fide transactions by the visitor to product page from the link.
• You shall not cause any transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, hidden frames, JavaScript popup windows, redirects or clicking on links that you place to a product. You shall not establish or cause to be established any promotion that provides any rewards, points or compensation for transactions, or that allows third parties ("Sub-Affiliates") to place a product link on its Web site or in its e-mails.
• Do not include price information in product links, as prices may change without notice.

7) Warranty Disclaimer:The services and materials provided by the Family Management Software site ("the site") are provided "as is" without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

Neither we nor our merchant partners make any warranties, representations, or guarantees, with regard to the products or services sold through the merchant web site or the operation and maintenance of the merchant web site, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability. Without limiting the generality of the foregoing, we make no representation that the operation of the merchant web site will be uninterrupted or error-free.

8) Indemnification: You agree to indemnify and hold FAMILY MANAGEMENT SOFTWARE LLC harmless from and against any and all claims, suits, costs, damages and judgments (including but not limited to attorneys' fees) incurred, claimed or sustained by third parties for your breach of this Agreement and for claims of product liability and/or malpractice or misfeasance in the performance of services ("Claims"), or any third-party's rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with Family Management Software LLC..

This Agreement is governed by the laws of the State of Georgia (USA).

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