This Agreement, dated (“Effective Date”), is made between CodeWeavers, Inc. ("CodeWeavers"), a Minnesota corporation located at 661 LaSalle St., Suite 300, St. Paul, MN 55114, and the undersigned party ("Affiliate").
By Clicking the I Agree button below, CodeWeavers and Affiliate agree as follows:
1. Promotion via Web Links. Affiliate agrees to promote CodeWeavers CrossOver products on its web sites and to provide links from its own web pages back to the CodeWeavers web site. Affiliates are not permitted to engage in Pay-Per-Click (PPC) advertising using our brand name, product names, or any variations thereof. This includes, but is not limited to, bidding on keywords or keyword phrases that contain our brand or product names in PPC advertising platforms and/or linking our website directly from a PPC ad. CodeWeavers grants Affiliate the right to use CodeWeavers trademarks, including CrossOver Mac and CrossOver Linux to promote CodeWeavers products and services, so long as Affiliate uses only branding material (e.g. graphics and color schemes) provided by CodeWeavers to Affiliate. Affiliate also agrees that it must meet basic technical requirements provided by CodeWeavers (e.g. supplying a unique identifier on any link it embeds).
2. Tracking of Web Visitors. CodeWeavers will use the unique identifier to associate each visitor to its web site uniquely with Affiliate by use of a browser cookie. That identifier will specifically track Affiliate's visitors and purchases made by those visitors. CodeWeavers will provide Affiliate with tools to see, in real time, how many visits and purchases have been made by customers referred by Affiliate in any given time period.
3. Commission Payment to Affiliate. Commission Payment to Affiliate. CodeWeavers will pay Affiliate an amount equal to 10% on CrossOver+ and 7% on CrossOver Life of all purchases that are associated with Affiliate using the web tracking described above. Purchase information will be tracked over a period of time ("Reporting Period"). Reporting periods occur quarterly. Payments will be made within 45 days of the end of a Reporting Period and will be in the form of a payment to a PayPal email address that Affiliate specifies.
4. Term and Termination. This agreement is effective as of the Effective Date and will continue until terminated. The agreement may be terminated by either party at any time. Termination requires written notice. For termination by either party, an email will be considered written notice, as is certified mail and other forms of physical delivery that require a signature. The date of termination ("Termination Date") shall be the later of the date that the notice could reasonably have been received or a date specified by the terminating party in their notice. CodeWeavers will be obligated to provide Commission Payments up through the Termination Date. Affiliate will be required to cease the use of any CodeWeavers trademarks as soon as practically possible, but in any event, no later than 14 days after the Termination Date.
5. Best Efforts. While Affiliate agrees to provide its reasonable best effort to promote CodeWeavers products, and CodeWeavers agrees to track Commission Payments as accurately and as completely as it can, both CodeWeavers and Affiliate acknowledge that this is an imperfect system, as it is based on web browser cookie technology and other constraints. It is understood by both CodeWeavers and Affiliate that there will be customers that cannot be, and will not be, accurately tracked. Commission Payments will be based solely on the tracking that can be done successfully. CodeWeavers explicitly acknowledges that Affiliate is under no obligation to structure its web site in any particular way and that it provides no guarantees of any particular traffic level. No guarantees or warranties of any kind are provided by either party. Termination of this agreement is the sole remedy provided for in this agreement.
