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Privacy PolicyTerms and ConditionsService Level AgreementSupplier Code of ConductAffiliate Program Terms and Conditions

ScreenCloud Affiliate Program Terms and Conditions

By clicking accept to this Affiliate-Referral Agreement,  Affiliate is acknowledging their Acceptance of the Terms and Conditions herein.

ScreenCloud Affiliate Program Terms and Conditions

1. Definitions

1.1. ‘Affiliate’ refers to the above stated Company which agrees to take part in the Affiliate Program.

1.2. "this Agreement" means the contents of this contract between ScreenCloud and the Affiliate in respect of the Program.

1.3. ‘ScreenCloud’ refers to ScreenCloud Inc. whose registered office is at 4470 W Sunset Blvd #92737, Los Angeles, CA 90027.

1.4. 'the Site' means the website.

1.5. 'the Affiliate Program' means the arrangement that is governed by this Agreement.

1.6. ‘Referral Prospect(s)’ means any company or organization that is referred by Affiliate

2. The Affiliate Program

2.1. ScreenCloud reserves the right to amend or cancel the program at any time. 

2.2. Upon completion of the signed agreement, ScreenCloud will provide Affiliate access to an Affiliate portal for managing referrals and other communications, revisions and or changes to the terms of our Affiliate program.

2.3. Affiliate agrees and acknowledges that participation in the ScreenCloud Affiliate program does not entitle the Affiliate to represent themself as an agent, partner, reseller or any other form of associate of ScreenCloud other than as a Affiliate as expressly provided for in this Agreement.

3. Suitability for the ScreenCloud Affiliate Program

3.1. ScreenCloud reserves the right to terminate this Agreement and your Affiliate status at any time if in our opinion, we believe that our customers or our brand may be at risk.

3.2. In particular ScreenCloud may terminate the agreement if in our sole judgement ScreenCloud believes that Affiliate promotes the sorts of things ScreenCloud thinks are not ethical or legal which may include but are not limited to:

3.2.1 discriminatory, sexually explicit or violent material, or

3.2.2. promotion, depiction or containing links to material that promote or depict discrimination based on race, gender, religion, national origin, physical or mental disability, sexual orientation, or age, or

3.2.3. containing unlawful material, this shall include but not be limited to materials that may possibly violate another's intellectual property rights, or

3.2.4. containing information regarding, promoting or linking to a site that provides illegal information or promotes illegal activity.

4. The Procedure

4.1. If, having submitted your application to be an Affiliate, ScreenCloud approves you, Affiliate will be granted access to ScreenCloud’s Partner Portal where Affiliate:

4.1.1. Will be permitted to submit Referral Prospects

4.1.2. Check the status of Referred Prospects 

4.1.3. View and manage payments 

4.2. Affiliate will submit Referral Prospect(s) to ScreenCloud using the Partner Portal,

4.3. After submission, A ScreenCloud Sales Associate will exercise their best commercial efforts to:

4.3.1. Qualify the Prospect for suitability of the use of ScreenCloud Platform

4.3.2. Propose ScreenCloud Products and services

4.3.3. Complete a sales transaction with the Referral Prospect

5. Payments to Affiliate

5.1.1 Affiliate will earn commission on business that is successfully closed within 90 days of a referral.

5.2. Affiliate is ONLY eligible for 15% Commissions on ScreenCloud Software Licenses sold to the Referral Prospect, and subject to the following restrictions:

5.2.1. Affiliate is eligible for commissions on ScreenCloud Annual Licensed Software ONLY

5.2.2. Unless expressly agreed to in writing (and signed  by both Affiliate and ScreenCloud), Affiliate is NOT eligible for commissions on any of the following: ScreenCloud Hardware ScreenCloud Monthly Subscriptions ScreenCloud Training services ScreenCloud Professional Services ScreenCloud provided custom work or development Any 3rd Party hardware, software, or services sold by ScreenCloud to the Referral Prospect 

5.3. ScreenCloud will only make a payment to the Affiliate when the level of commission due at the end of a given calendar month is above the commission balance threshold.

5.4. The commission balance threshold for the purpose of this agreement is $25.

5.5. ScreenCloud reserves the sole right to change the commission balance threshold at any time it sees fit without the prior consent of its Affiliates. In the event of a commission balance threshold change ScreenCloud shall notify all its Affiliates of the change beforehand which will be communicated via the Affiliate portal and/or other electronic means. If any modification to the commission balance threshold or the Agreement as a whole is not acceptable to an Affiliate, the Affiliate shall be entitled to terminate this Agreement. If Affiliate terminates this Agreement for any reason whatsoever then it shall not be entitled to any commission payments earned after it has terminated this Agreement.

5.6. The Affiliate's continuing participation in the program constitutes its acceptance of any change to the commission balance threshold or to any other part of this Agreement.

5.7. Affiliates that exceed the commission balance threshold will be paid automatically. 

5.8. Affiliates that do not reach the $25 commission balance threshold in one calendar month will not lose their accrued commission, instead this commission can be used as a credit. Their accrued credit for that particular calendar month will be carried over and applied to the next calendar month, this process shall continue until the client reaches the commission balance threshold when they will be entitled to receive a payment from ScreenCloud.

5.9. ScreenCloud will pay out commissions after 90 days initial date of sale. 

5.10. Commissions for sales over 90 days old will be paid once the $25 threshold is reached.

5.11. Commission will be paid out through PayPal. Affiliates shall allow up to 10 days to receive their payments through PayPal. It is the sole responsibility of an Affiliate to make sure that their contact details are up to date and accurate on the ScreenCloud system in order to facilitate the payment reaching them.

5.12. Affiliates will only be paid Commissions for the Initial order made by their referral customer only. Commissions will not be not paid on subsequent orders or renewals sold to existing ScreenCloud customers. ScreenCloud will not pay commission for products that an Affiliate purchases for their own internal usage, or for resale, Affiliates wishing to purchase ScreenCloud through their account for other clients are encouraged to contact ScreenCloud directly for information on how to qualify to become a Full Service Reseller. 

5.13. The rates of commission payable to the Affiliate from time to time shall be published on the Affiliate Portal Site and this shall be included in this Agreement as Schedule 1 to it. Schedule 1 may be amended or varied by ScreenCloud at any time without reference to the Affiliate. Any revised rates of commission payment shall take effect from the day that the amended Schedule 1 is published on the Affiliate portal and/or via other electronic means.

6. ScreenCloud's Obligations

6.1. ScreenCloud agrees to undertake the following obligations:

6.1.1. provide all information necessary to allow the Affiliate to submit Referral Prospects

6.1.2. processing all orders for ScreenCloud products or services placed by Referral Prospect

6.1.3. tracking the number and amount of relevant sales generated 

6.1.4. providing information to Affiliate regarding commission payments

6.1.5. credit card authorizations, payment processing, cancellations, returns, and all other related customer service for ScreenCloud for the purpose of our business, and

6.1.6. establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 5 of this Agreement.

7. The Affiliate's Obligations

7.1 The Affiliate agrees to be solely responsible for the following and shall keep ScreenCloud fully indemnified with respect to:

7.2. the content of the Affiliate's site or any site that they may be connected to,

7.3. any misrepresentation of ScreenCloud or its products or services,

7.4. making of any false claims, representations or warranties in connection with ScreenCloud,

7.5. ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,

7.6. obtaining permission to use another party's copyrighted or any other proprietary material,

7.7. the development, operation and maintenance of the Affiliate's site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your websites do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. ScreenCloud hereby disclaim all liability for all such matters,

7.8. Affiliates also agree to indemnify and hold harmless ScreenCloud and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.

7.9. complying with all applicable laws .

7.10. the payment of all tax and national insurance payable on any payments made to you by ScreenCloud.

8. Right to Name as a Reference Customer

8.1. Affiliate will not create, publish, distribute, or permit any written or graphical material that makes reference to ScreenCloud other than those mentioned in this Agreement or otherwise provided by ScreenCloud, without our prior written consent. ScreenCloud reserves the right to refuse any request for consent under this Agreement.

9. Terms of the agreement

9.1. The terms of this Agreement will begin upon the effective date of this agreement and will end when your Affiliate account is terminated.

9.2. Upon the termination of this Agreement any commission that has not yet reached will be forfeited.  

9.3. Affiliates that have reached the commission threshold will be paid as agreed upon in section_5____ and subject to the terms of this Agreement.

10. Modification

10.1. ScreenCloud reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. 

10.1.1. ScreenCloud shall make such modifications by way of publishing revised terms on the Site. 

10.1.2. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. 

10.1.3. An Affiliate shall be deemed to have accepted any modification to this Agreement as published from time to time.

11. Limitation of Liability

11.1. ScreenCloud shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if ScreenCloud has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.

11.2. ScreenCloud's entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.

11.3. ScreenCloud makes no warranties, either express or implied, concerning the performance or functionality of the ScreenCloud services, or the program as a whole. This includes but is not limited to the Link or any other Affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.

11.4. ScreenCloud shall under no circumstances be liable to the  Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the program or ScreenCloud.

12. Governing Law

12.1. This Agreement is governed by, and is construed in accordance with the laws of the State of California.

12.2. The Courts of California shall have jurisdiction to hear any disputes arising from this Agreement.

12.3. Affiliates are solely responsible for the legality of the use of the service 

13. Acceptance

13.1. By clicking accept to this agreement the Affiliate acknowledges that they have read the terms and conditions of this Agreement, understand them and agree to be bound by them.