Affiliate Terms and Conditions of Use

  1. General
    1. You must read, agree to and accept these Affiliate Terms and Conditions of Use before you may participate in our Affiliate program.
    2. This agreement and any sales hereunder shall be governed by the laws of New Zealand.
  2. Definitions
    1. The term “Affiliate” refers to you (the applicant).
    2. The term “Company” refers to M Software Ltd.
    3. The terms “you” or “your”, refer to “the Affiliate.”
    4. The terms “we”, “our”, and “us” refers to “the Company”.
    5. The term “Product” refers to any product or service sold by M Software.
  3. Payment
    1. Affiliate commission payments will be made on or about the 1st of each month, whenever your balance exceeds NZ$100.
    2. Payment will be by PayPal only. As such, Affiliates must be PayPal members in order to receive commission payments.
    3. If there are returns, chargebacks or refunds for any orders generating an Affiliate commission that has already been paid, then the amount will be deducted from the next monthly payment. If there is no payment then the Affiliate will be invoiced.
    4. Balances below NZ$100 on accounts with no activity for 6 months will be forfeit.
  4. Responsibilities
    1. M Software Ltd. will be solely responsible for processing and fulfilling every order placed by a customer through an Affiliate site.
    2. Customers who purchase Products through an Affiliate site will considered to be customers of M Software Ltd. As such our normal terms and conditions of sale will apply.
  5. Qualifying standards
    1. Applicants will be accepted into the Affiliate program at the sole discretion of the management of the Company.
    2. Affiliate sites must meet standards set by the management of the Company. including but not limited to common standards of decency and personal rights.
    3. At any time that an Affiliate site is deemed to contravene the standards set by the management of the Company, the affiliate agreement my be terminated immediately with any remaining payment payed out only at the discretion of the management of the Company.
  6. Relationship
    1. For the purposes of this agreement the Affiliate and the Company are to be considered independent contractors.
    2. Nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.
    3. The Affiliate may not make or accept any offers on the Companies behalf.
  7. Warranties and Liability
    1. M Software has made every effort to make sure that the Software is fit for the purpose advertised.
    2. To the fullest extent permitted by law, the Software sold by M Software is provided as is and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.
    3. In no event shall M Software, or anyone else who has been involved in the creation, production, or delivery of the Software be held liable whether in contract or tort (including negligence) or otherwise for any loss of profit, health, or any commercial damage, including, but not limited to, special, incidental, consequential, or other damages resulting from the use, or misuse of the Software.
    4. To the extent permitted by law, the total liability of M Software in all circumstances is limited to the price paid by the Customer for the relevant Product.
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