Affiliate Program Agreement
As of 3/31/2008

You must agree to these policies to be a SpeakerMatch Affiliate. After you review the deal, click on the "I Agree" button below which will take you to our sign up page.

In this document, SpeakerMatch will be known as "Company" and you, will be known as "Affiliate."

GENERAL POLICIES

1. Affiliate will be responsible for maintaining links to Company.
   
   
2. Affiliate will send a promotion to their list within 30 days of registering for this program.
    
3. Affiliate will promote SpeakerMatch services and products at least once every 90 days.
   
   
4. Simply Speaking, Inc. will be responsible for taking orders, setting up user accounts, handling customer service inquiries, handling refunds, maintaining the online sales and ordering process, and paying referral fees to Affiliate.
    
5. Affiliate agrees that all customer inquiries will be forwarded immediately to Company. These inquiries may be with regard to service availability, customer service, Company policies, pricing, or any other issue. Inquiries may be sent to support@speakermatch.com or 1-866-372-8768. Affiliate is not permitted to contact or respond to customer inquiries. Affiliate is, however, permitted to answer basic questions posed by potential sub affiliates of Affiliate.
    
6. Affiliate status will not be granted to any websites that contain sexually explicit material, promote violence or discrimination, engage in illegal activities or violate intellectual property rights. Affiliate status will be revoked if any of the forbidden activities are engaged in after affiliate status has been granted. In the event that affiliate status is revoked, Affiliate will forfeit any monies due, but not paid by Company.
    
7. Affiliate may only use pre-approved graphics and logos provided by Company. The graphics must be used in the size and form that Company provides. No alteration is allowed. You must also place copyright notices on the pages where Company's graphics and logos are used. Copyright notices are something you should probably have on your site anyway, so this should not be an inconvenience. Sample format would be "Copyright (c) 2008, (your name)".
    
8. Affiliate must not put Company pricing information on their website. Prices may change at Company and it would be impossible to ensure that all affiliates would make timely corrections to pricing information.
    
9. Affiliate may not modify Company sales materials and are expressly forbidden to make false claims about Company products and/or services.
    
10. Affiliate may not publish any material from the Company website on their website without express written permission. Affiliates in good standing may post approved banners and text links on their website.
     
11. Affiliate is specifically prohibited from making any warranty representations or other statements concerning Company's goods and services. All inquiries are to be forwarded to Company as in number 3 above.
     
12. Affiliate agrees that all customer or potential customer data is the sole property of Company and that Affiliate has no right to contact visitors that click through to Company.
     
13. Affiliate agrees that they are an independent contractor and not an employee or representative of Company. Affiliate also agrees that they are NOT an agent of Simply Speaking, Inc.
     
14. Affiliate agrees to indemnify and hold harmless from liability Simply Speaking, Inc. for any actions against Affiliate.
     
15. Simply Speaking, Inc. reserves the right to create and operate any type of website to promote its products and services.
     
16. Simply Speaking, Inc. reserves the right to offer other website owners different terms than are included in this standard affiliate agreement. 
    

WARNING ON SPAM

17. Affiliates sending unsolicited commercial email or posting to "inappropriate" newsgroups or forums will be terminated. It is against your affiliates agreement to advertise SpeakerMatch via unsolicited email or spam in any way, shape or form. Some people think that affiliate spam email originated from us, damaging our reputation and causing us many administrative problems. DO NOT send unsolicited email to promote SpeakerMatch, or you will be in violation of your affiliates agreement and your account will be immediately terminated! Any referral fees generated in the month you were terminated WILL NOT BE PAID and will be the property of Simply Speaking, Inc. Your cooperation and understanding is appreciated.

REFERRAL FEES

18. Affiliates earning more than $600.00 in referral fees in a calendar year will be required to supply Company with a Federal Tax ID number or Social Security Number. We are unable to process additional commission checks without this information.
     
19. Referral fees due affiliates for off line orders from our toll-free number service and mail orders may not be posted to affiliate's stats page for up to 5 days. Company guarantees that Affiliate will get proper credit for such orders. Delay in posting is because these orders must be input manually. Online orders are handled automatically by our software and are generally posted to Affiliate's stats page within seconds.
     
20. Referral fees only apply to the actual sale price of a product or service. Referral fees do not apply to sales tax, shipping & handling charges, duties or other miscellaneous service and handling charges.
     
21. In a given month a check will be issued to Affiliate for all referral fees in excess of $50.00. Referral fees due totaling less than $50.00 will be carried over until total referral fees due exceeds $50.00. At that time a check will be issued for total referral fees due at the next normal check issuance cycle.
     
22. A balance of less than $50.00 in your referral account will be forfeited if your account is cancelled or remains inactive for a period exceeding 12 months.
    
    
23. Any unclaimed funds in your referral account will be forfeited if your account remains inactive for a period exceeding 12 months. This includes any payments returned to Company by the postal service marked "return to sender" or other similar endorsement.
     
24. If products or services sold are returned, any referral fees paid to Affiliate will be deducted from Affiliate's future referral fees.
     
25. If a fraudulent credit card is used to pay for Company products, any referral fee paid to Affiliate for the fraudulent sale will be deducted from Affiliate's future referral fees.
     
26. Simply Speaking, Inc. is not liable for any unexpected website down time as a result of computer crashes, Internet trouble, power outages, act of God, or any other unexpected occurrence. Liability is limited to the referral fees actually earned in the period in question. Company will diligently back up its information. In the case of catastrophic failure, your email confirmation of orders may be used as evidence of referral fees owed.
    

AMENDMENTS

27. From time to time it may be necessary to amend or add to this agreement. Changes or additions will be considered part of this agreement. Affiliate will be notified of changes and/or additions at the email address they provided in their admin page. It is the responsibility of Affiliate to maintain current email and postal mailing addresses in their profile page.
    

CANCELLATION

28. You may cancel this agreement at any time by removing all reference to SpeakerMatch from your Website and notifying Company that you have done so. Any referral fees due will be paid at the next normal check issuance date.
     
29. SpeakerMatch may revoke your affiliate status at any time when, in Company's sole discretion, you have violated any of the terms of this agreement.
    
    
30. This affiliate agreement is being governed by laws in the State of Texas, United States of America.
     

(Please print a copy of this agreement for your records)

Click on the "I Agree" button below to go
directly to the Affiliate signup page.