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VIRTUAL SHEET MUSIC AFFILIATE AGREEMENT
Last updated: November 25, 2016
1. Application Process
To apply to the Program, the Affiliate completes and submits a Program application on our site. We evaluate each Affiliate's application in good faith and notify the Affiliate of acceptance or rejection. We reject any Affiliate's application if we determine, at our sole discretion, that the Affiliate's site is unsuitable for the Program. Unsuitable sites include but are not limited to those that: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; violate intellectual property rights; or are associated with network abuse (including unwelcome email, crossposting, mousetraps, spam, or respawning windows).
Starting July 25, 2016, we require all affiliates to add the rel="nofollow" tag to all outbound links to our website. This is a requirement to avoid possible link profile penalization issues by search engines such as Google and others. Affiliates that link to our website without including the rel="nofollow" tag, will be removed from our affiliate network without notice.
3. Affiliate Tracking
All customers arriving from an Affiliate's site are tracked by using browser cookies technology. Our Affiliate cookie remains in the customer's browser cache for 30 years (thirty years) following the customer's first visit, allowing the Affiliate to earn commissions for up to 30 years after arriving from the Affiliate's website. Members referred from an Affiliate's site are linked to the Affiliate for life, allowing the Affiliate to earn commissions on subsequent renewals too. We send monthly reports to the Affiliate summarizing this sales activity. To permit accurate tracking, an Affiliate must properly format the link between Affiliate's site and our site are. We give the Affiliate all necessary information to do so during the sign-up process, or within the Affiliate's online Account. For technical questions, please contact us.
The Affiliate earns 30% commission on all sales (single products, Memberships, renewals, etc.). However, no commission is tracked and paid if a VSM Member purchases discounted single items for which we have to pay royalties for (such as the Hal Leonard or Alfred repertoire offered at discounted rate to Members). If the commission rate of 30% should ever change, the Affiliate will be notified by e-mail or through our on-line website.
5. Pay Periods
Commissions are paid at the beginning of each month, once reaching $25 or the Affiliate's defined minimum payment (Affiliates may define the minimum payment amount anytime within their online Account). For security reasons, payment is made by check or PayPal only. Payments are mailed or sent within 15 days following each period.
6. Payment Preference
The Affiliate may select any amount from $25 to $1,000 as a preferred payment amount, with the default setting at $25. We hold the Affiliate's payment until the payable balance reaches that amount. For PayPal payments we do not fulfill the PayPal commission for business accounts. To change payment preferences, the Affiliate simply logs in to his/her account, then clicks the Edit Your Account link.
7. Policies and Items Pricing
Customers who buy products through this program are deemed customers of Virtual Sheet Music. Accordingly, all Virtual Sheet Music rules, policies, and operating procedures concerning orders, service, and sales apply. Our policies and operating procedures may change at any time. For example, prices and availability of Virtual Sheet Music products sold under this program may periodically change in accordance with our own pricing policies, and thus affect products already listed on an Affiliate's site. Therefore, price information should be kept up-to date on Affiliates' sites.
8. Responsibility for the Affiliate's Site
The Affiliate is solely responsible for the development, operation, and maintenance of his site and its content. It must be legal, not violating or infringing on the rights of any third party, including for example, copyrights, trademarks, privacy, or other personal or proprietary rights. We disclaim any and all liability for Affiliate violations, and further stipulate that all Affiliates will indemnify and hold us harmless from all claims, damages, and expenses (including, attorney and other legal fees) relating to the development, operation, maintenance, and content of Affiliate sites. Finally, all Affiliates acknowledge that Virtual Sheet Music® and Classical Sheet Music Downloads® are trademarks of Virtual Sheet Music, Inc., a corporation based in California, USA.
The Affiliate is aware that any form of Spam is forbidden. Accounts associated with network abuse (including unwelcome email, crossposting, mousetraps, spam, or respawning windows) and/or fraudulent activity (such as use of stolen credit cards, etc.) may be suspended and closed without notice. Affiliates who submit Virtual Sheet Music pages with their affiliate nickname in the URL to natural search engines such as Google®, Altavista® and similar will not earn any commission from those links and will be banned permanently from our network. The use of PPC programs targeting specific keywords competing with our natural search results on the major search engines such as Google, Yahoo! and others in order to get commissions on those redirected users, is also expressly forbidden. If such keywords include our own trademarks such as "Virtual Sheet Music" or "Classical Sheet Music Downloads" a trademark infringement will occur and the current copyright law will be applied and enforced against the offending Affiliate (see point 11 below).
10. IFRAMES and embedding
Any kind of embedding such as showing the Virtual Sheet Music website within an iframe or from a server side script, is strongly forbidden. Any Affiliate involved in this kind of practice will be removed from our network without notice and any accumulated commission will be permanently lost.
The Affiliate must be aware that Virtual Sheet Music®, Classical Sheet Music Downloads® and the Virtual Sheet Music® website(s) and logos are registered trademarks of Virtual Sheet Music, Inc. in the US and in other countries. The Affiliate must always write such trademarks on his/her own website with the required ® mark. The Affiliate is NOT allowed to replicate, duplicate or copy the page design, HTML code and/or contents of the Virtual Sheet Music website pages in their entirety or in part on his/her own website, unless expressly agreed with the Virtual Sheet Music administration. The use of our own trademarks (Virtual Sheet Music® and Classical Sheet Music Downloads®) is expressly forbidden on PPC programs such as GoogleAd or similar. Furthermore, the use of HTML frames to make appear Virtual Sheet Music site on a different domain name is considered a copyright infringement and will result in the permanent banning of the affiliate from our network and any earning will be forfeited. Any trademark or copyright infringement will be prosecuted by law.
12. Data Feed Integration
Starting May 10, 2013, we require our affiliates that integrate our datafeed on their own websites to add the rel="nofollow" tag to all outbound links to our own product pages. This is a requirement to avoid possible link profile penalization issues by search engines such as Google and others.
13. Terms of the Agreement
The terms of this Agreement begin when Virtual Sheet Music accepts an Affiliate's Program application, and will end when terminated by either party at any time, with or without cause, by giving the other party written notice of termination.
We may modify any terms and conditions contained in this Agreement at any time and at our sole discretion by posting a change notice or a new agreement with or without notice. Modifications may include for example, changes in the scope of available commissions, commission schedules, payment procedures, and Program rules. WE ADVISE TO CHECK THIS AGREEMENT PERIODICALLY FOR ANY POSSIBLE UPDATES.
IF ANY MODIFICATION IS UNACCEPTABLE TO THE AFFILIATE, AFFILIATE'S RECOURSE IS TO TERMINATE THIS AGREEMENT. THE CONTINUED PARTICIPATION OF AFFILIATES IN THE PROGRAM, FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Affiliate may close his account at any time. Any closing balance under $5 will be forfeited.
16. Limitation of Liability
We will not be liable for indirect, special or consequential damages or any loss of revenue, profits or data arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such. Further, our aggregate liability arising with respect to this and the Program will not exceed the total commissions paid or payable to the Affiliate under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program, including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and are not liable for the consequences of any interruptions or errors.
This Agreement is governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in a Federal or State court located in Los Angeles, California, and the Affiliate irrevocably consents to its jurisdiction. No Affiliate may assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and remain enforceable against the parties and their respective successors and assigns. Our failure to enforce Affiliates' strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce that provision, or any other provision of this Agreement. THE AFFILIATE ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS.
If you have any questions or require more information, please contact us.
Virtual Sheet Music, Inc.