Dragonfly Software Affiliates Agreement

1. Term of the Agreement: The term of this Agreement will begin upon our acceptance of your Affiliate application 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. You are eligible to earn commissions only 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 at 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 commissions, 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. Program Details: There are no fees for applying to or participating in the Dragonfly Software Affiliate Program. There is no minimum sales requirement or sales quota you must reach before earning commissions.
   
   You earn a 5% commission on sales of Glass Eye 2000 Standard, Professional, or Professional Plus that you refer to us, provided the rules in this agreement are followed. The rules for determining which affiliate receives the commission on a sale are described in the section "Tracking customers" below. Commissions apply to first-time purchases only; orders placed after the original order are not eligible for commissions. Only purchases made online (through our website) are eligible for commissions; orders placed by phone or mail are ineligible. Commissions are not awarded if the product is returned for refund. Dragonfly Software will have the sole and final authority for deciding which affiliate, if any, receives a commission on a sale.
   
   Commissions are tabulated from the merchandise ordered total and excludes applicable taxes, shipping and handling fees and credit card processing fees. We will pay you commissions quarterly. Approximately 45 days following the end of each calendar quarter (March 31, June 30, September 30, December 31), we will deposit to your PayPal account the commissions on earned products that were purchased during that quarter, less any taxes that we are required by law to withhold. Upon termination of this agreement, Dragonfly Software will pay within 60 days any commissions due, except in the case of termination for violation of eligibility.
   
   You are responsible for making sure that your linking code is working properly. Dragonfly Software will not be held responsible for commissions lost because of incorrect linking code.
    
4. Tracking customers: We have several methods for associating you with the people ("Customers") you refer to us.
   
   We use session cookies within web browsers as one method of tracking Customers. This allows us to remember your association with a Customer as they move from page to page within our site. A session cookie is not permanently stored on the Customer's computer and lasts only the length of a session; that is, from the time they use your link to visit Dragonfly Software until the time the browser is closed. Note that a long period of inactivity can also terminate a session.
   
   We have four ways for determining who, if anyone, is eligible for a commission. The methods are listed here in order of priority.
   
   
   1. If the Customer purchases from us online between the time they click your link and the end of their session, you'll earn the commission.
   
   
   
   2. If the Customer receives a CD from you and enters your affiliate ID during the ordering process, you'll earn the commission.
   
   
   
   3. If the Customer downloads the trial version of Glass Eye 2000 during a session, we'll permanently store both their email address and the ID of the affiliate that referred them. Only the first affiliate to make such a referral is remembered. If within 15 days the customer purchases a product from us online, the affiliate associated with that email address will earn the commission.
   
   
   
   4. If the Customer uses your link to visit us, that customer can return anytime within 15 days to make a purchase online and you'll get the commission. If the Customer followed links from multiple affiliates, the affiliate whose link was most recently used will earn the commission.

   Notice that a Customer does not have to make a purchase during the session initiated by following your link for you to receive credit; however, they must either have downloaded the trial version during their visit or must have persistent cookies enabled on their browser for us to be able to track them.

   Commissions will be paid only on orders that are successfully associated with an affiliate. Dragonfly Software guarantees that it makes a good faith effort to associate purchases with affiliates using its automated system, but affiliates should understand that customers might not use the system properly and that once an order is placed Dragonfly Software cannot make corrections.
   
   

5. Eligibility: To be sure that our affiliates are familiar with Glass Eye 2000, we require them to be registered owners. In general this means that they own a licensed copy of the software.
   
   Affiliates must be a member of PayPal and agree to our using it for paying their commissions.
   
   Dragonfly Software will not affiliate with any of the following:
   
   · Anyone who promotes discrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age
   · Anyone who promotes sexually explicit material, violence, or illegal activities
   · Anyone who violates intellectual property rights
   · Anyone who does not show courtesy and respect for our company or the people that work for it
   
   The approved methods for linking to Dragonfly Software are:
   
   · Links (URLs) from your website
   · Links from your opt-in newsletter; an "opt-in" newsletter is one where the recipients have made an explicit request to receive it
   · Links within emails to friends and relatives who have contacted you before
   
   Links must follow the procedures described in the Instructions. If you link to us by other methods your account will be terminated and all outstanding commissions forfeited.
   
   Sending spam (also known as "unsolicited commercial email") will result in termination of your account. Simply put, sending an email to anyone you do not know, or who does not want to receive email from you, is known as spamming and will result in the termination of your affiliation, with all outstanding commissions forfeited.
    
6. 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 commissions paid or payable to you under to this Agreement.
    
7. 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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. 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.
    
8. This Agreement will be governed by the laws of the United States and the State of California, 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 the county of Santa Cruz, California, 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 be 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.