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Terms of Service The following General Terms and Conditions (the “Agreement”) apply to Web site owners (“Affiliates”) who wish to participate in the Affiliate Program provided by BTR Associates LLC (“BTR”) for the A Better OutlookSM services (“Services”). I. Object of the Affiliate Program The object of the Affiliate Program provided by BTR (“Program”) is to publish electronic advertisements on the Web site of the Affiliate for selected Services offered by BTR. Instead of fixed compensation, the Affiliate receives result-dependent advertising cost compensation (“Commission”) in exchange for publishing the advertisements. The Commission depends on the actual sales generated by end users referred via the electronic advertisement, i.e., the Affiliate's link. Within the context of sales processed from this Program, BTR handles the billing, provisioning, and support of the Services. II. Affiliate Program § 1 Affiliate Participation Once the Affiliate has registered, BTR will access the application and, if approved, activate the Affiliate. Once the Affiliate is activated, the Affiliate is considered to be a participant in this program and is bound by these General Terms and Conditions. § 2 Services under the Agreement The Services under the Agreement are those that are offered on the www.abetteroutlook.com Web Site and enabled for the Affiliate. § 3 Personalized Landing Page After successfully completing the registration process for participation in the Program, the Affiliate will be sent a link to a personalized landing page where they can send prospects. Prospective end users may use this page to enter the A Better OutlookSM store to sign up for the Services. The store will keep track of the source so that the Affiliate is given credit for the sale to end users who sign up for the Services using that Affiliate's link during the term of this agreement (each, a “Referred End User”). § 4 Integration of the Link (1) The Affiliate shall integrate the Services under the Agreement using the appropriate link on its Web site; the link points to the store operated by BTR. The link will be provided to the Affiliate after acceptance of its application and contains an individualized affiliate user ID by means of which any sales to Referred End Users can be attributed to the Affiliate. Proper technical integration of the link is the responsibility of the Affiliate. If the links do not function, no Commission will be paid to the Affiliate. (2) The Affiliate shall indicate on its Web site that (i) the Affiliate is acting as an independent affiliate of A Better OutlookSM by participation in the Affiliate Program provided by BTR and (ii) the seller of the Services is BTR and that the payment process is administered by BTR. (3) The Affiliate shall produce a brief description for each activated product on its Web site. The Affiliate is responsible for the content, the style and the layout of this information. The Software Publisher can provide the Affiliate with graphics and text in an electronic format for use in describing the product, which the Affiliate shall use for the purpose of advertising the Products under the Agreement and links according to the instructions of the Software Publisher. The Affiliate should be aware that prices may change at any time. It is not recommended that the price be listed on the Web site of the Affiliate. Maintenance of these prices is possible only on the A Better OutlookSM Web sites operated by BTR. Typographical, printing and computation errors on the Web site of the Affiliate shall be charged to the Affiliate. § 5 Order Processing (1) BTR shall be responsible for the entire order and payment processing for Referred End Users. BTR handles all financial matters; and provide end user service relating to the administration of the order. BTR shall provide technical end-user service. (2) BTR reserves the right to reject queries and orders which do not meet its requirements; including, in particular, orders by Referred End Users who do not meet credit requirements, who do not authorize direct debiting from their bank account, or who do not present a valid credit card. (3) An agreement with a Referred End User does not exist until either a written or electronic order confirmation arrives from BTR or when BTR begins to fulfill the agreement. § 6 Commissions (1) BTR will pay Affiliate its Commission if a Referred End User arrives via the link integrated in Affiliate's Web site at the order page hosted by BTR for the respective Software Publisher's Product under this Agreement and the Referred End User uses the automatic ordering system that carries out the registration and payment processing, so that the Affiliate's link is deemed to be directly causative for the entry of the Referred End User into the Services Terms of Service Agreement and the Referred End User's payment, proving that all requirements are irrevocably met ('agreements arising in a qualified manner'). Affiliate is only eligible to earn the Commission on sales occurring during the term of this Agreement and fees earned up to the date termination will remain payable only if the related orders are not cancelled or returned. (2) Insofar as the Referred End User accepts cookies when clicking on Affiliate's link, proceeds from orders will be taken into account which arise within the lifespan (of max. 90 days) of the cookie(s). (3) BTR shall record and compute on a monthly basis the amount of said Commissions for the Affiliate. (4) The computation basis for determining the value of the Commissions is calculated by the gross sales price (excluding setup fees, taxes, shipping and handling, etc.) actually invoiced to the Referred End User and received by BTR in liquidated funds. The percentage of the respective Commissions is ten percent (10%). (5) The Commission shall not be paid if and insofar as it is determined that the Referred End User will not meet its payment obligations or will meet them only partially, or if for any other reason the invoice to the Referred End User was cancelled (e.g., in cases where a charge back of a credit card charge, a debit advice or other return or refund of the software product occurs). If the Commission was previously paid by BTR, it can be offset or invoiced to Affiliate at BTR's own discretion. (6) The payment of the Commissions shall occur monthly insofar as the sum due exceeds a value of 50.00 USD. If this is not the case, the sum due can be retained until a total value of at least 50.00 USD is reached, at the latest, upon termination of the Affiliate's participation in the Program. (7) The payment will be made by check and is deemed to be accepted by the Affiliate upon the earlier of the cashing of the check or the passage of thirty (30) days. III. General terms § 1 License Upon activation of the Affiliate, BTR grants the Affiliate a non-exclusive, revocable right to use provided advertising material, notices and all further presentations (collectively, 'Material') only for the purpose of designating its Web site as a 'affiliate Web site' and presenting the designated advertising Material. Under no circumstances may the transferred Material be edited or modified without prior written permission of the BTR. BTR retains all rights with regard to their logos, their trade name or their trademarks and other commercial protection rights. BTR is authorized to revoke the license granted to the Affiliate at any time by written notice. § 2 Changes to these provisions BTR RESERVES THE RIGHT TO MODIFY AND TO SUPPLEMENT THESE GENERAL TERMS AND CONDITIONS AT ANY TIME. THE CURRENT VERSION WILL BE MAINTAINED FOR VIEWING AS A HYPERLINK ON BTR's WEB. MOREOVER, BTR WILL ANNOUNCE ANY CHANGES TO THESE TERMS VIA EMAIL. WITHIN 14 DAYS OF THE ANNOUNCEMENT OF CHANGED PARTICIPATION TERMS, AFFILIATE MAY OBJECT TO SUCH CHANGES. IF NO OBJECTION IS RECEIVED DURING THIS TIME, THE PARTICIPANT IS DEEMED TO HAVE ACCEPTED THE CHANGES AND THEY WILL BECOME PART OF THE EXISTING RELATIONS UNDER THE AGREEMENT. § 3 Correspondence Correspondence shall take place preferably via email, which is accorded the same status as postal mail. Qualifying dates are always agreed as 'Receipt by Recipient', unless otherwise noted. For email, the receipt of the message on the destination mail server is deemed to be the time of reception. § 4 Independence of Relations under the Agreement The parties to the Agreement shall operate their Web sites independently of one another and are solely responsible for the content, technology used, and design. This Agreement may not be construed as establishing between the parties a company, association, joint venture or partnership, nor does it establish an employment relationship or a commercial agent agreement. The parties to this agreement are not authorized to act in the name of the other party and / or to accept offers or make any statements on behalf of the other party. § 5 Guarantee by the Party to the Agreement for its Web site (1) The Affiliate shall be responsible for the entire content (including Affiliate's integration of Material) of its Web site. The Affiliate guarantees in particular that (i) It will integrate Material according to the provisions and instructions of BTR into that Affiliate's Web site insofar as said Material was provided to the Affiliate; (ii) The content of the Affiliate's Web site will not contain any representations of violence, sexually related contents or discriminatory statements or representations with regard to race, sex, religion, nationality, handicap, sexual preference and orientation, or age, nor will said content be unlawful in any way; (iii) The content of the Affiliate's homepage will not infringe upon the rights of third parties, particularly patents, copyrights, trademarks or other commercial protection rights as well as general personality rights and cannot be mistaken for the Services of BTR or a Web site operated by BTR; (iv) It will not send any email without the express consent of the receiver(s) (no spam emails). (2) The Affiliate represents and warrants that it shall, at all times, comply with the terms of this Section 5 and will indemnify and hold harmless BTR, its subsidiaries and its and their directors, officers, employees and agents upon demand from any and all claims, demands, costs, liabilities, losses, expenses, and damages (including reasonable attorneys' fees, costs, and expert witnesses' fees) arising out of or in connection with any breach by Affiliate of its warranty set out in this clause. § 6 Limitation of liability (1) The parties exclude mutual liability for ordinary negligence in connection with this Agreement. This includes in particular the liability exclusion for lost profit, the loss of data or interruption to or errors in the operation of the Web site of the Affiliate. The above liability exclusion also applies to the personal liability of employees, representatives and persons employed to perform the obligations of the parties to the agreement. The limitation of liability does not apply to claims arising through initial incapacity or in case of justifiable impossibility. (2) Any possible product liability claims are unaffected by the above limitations. Insofar as BTR violates an essential obligation under the agreement, the obligation to pay restitution is limited to the damages that typically arise. (3) BTR does not guarantee that the operation of its Web sites will be maintained without interruptions and without errors. Liability is expressly excluded for the consequences of such interruptions or errors. § 7 Agreement period / Cancellation The term of this Agreement will begin upon acceptance of Affiliate's Program application and will end when terminated by either party of this Agreement. This Agreement is entered into for an unlimited period of time. Either party may cancel this Agreement at any time, with or without supplying a reason, through written notification. § 8 Termination of the agreement (1) When the Agreement ends, all usage rights of the Affiliate accorded by this Agreement with regard to the provided logos or Web site contents expire. (2) Upon termination of the relationship under this Agreement, the Affiliate is obligated to undertake all of the technical measures necessary to delete from its Web site all links that refer to the Web sites of BTR. (3) BTR is authorized to retain final payment of Commissions for a reasonable time, minimum for thirty (30) days after the end of the respective quarter, to ensure that the correct amount is paid by the end users. Affiliate is only eligible to earn the Commissions on sales of Services occurring during the term of this Agreement and fees earned up to the date termination will remain payable only if the related orders are not cancelled or returned. If the Commissions was previously paid by BTR, it can be offset or invoiced to Affiliate at BTR's own discretion. § 9 Final provisions (1) If a party is unable to fulfill its obligations under the agreement for reason of force majeure, it shall immediately inform the other party thereof and do everything in its power to resume normal operations as quickly as possible. In such case, the affected party shall not be deemed to be in breach of contract and cannot be held liable. (2) If any provision of this agreement is or becomes invalid, the validity of the remaining provisions shall not be affected. Insofar as a provision is invalid, the parties will agree on a new provision which comes as close as possible to the intent of the invalid provision and which is legally valid. (3) Even in case of agreements with foreign (non-US) Affiliates, the laws of the State of Michigan, United States of America without regard to its choice of law provisions, applies to this Agreement. The parties agree that exclusive jurisdiction for all claims arising in connection with this business relationship is the United States District Court for the Eastern District of Michigan and/or state courts sitting in Oakland, Michigan USA. I agree with the terms of service
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