SurveyPool Affiliate Agreement

Below you'll find the agreement between you (an affiliate) and SurveyPool. This agreement sets forth the terms under which SurveyPool affiliates will promote SurveyPool for 20% of each sale and receive recurring, residual commissions for the life of each customer and a 10% 2nd-tier commission earned on sales made by referring other affiliates.

Involved Parties
This agreement covers the relationship between SurveyPool (we, us) and you (an affiliate). It covers the SurveyPool Affiliate Program and you, an affiliate. It lays out the parameters for the program, in which you promote SurveyPool, make a sale, and receive 20% commission of that sale, as well as 20% of recurring, residual commissions for the life of the customer that signed up. This also covers a 10% second-tier affiliate commission earned on the sales of affiliates referred by you.

Affiliate ID
Once you become an affiliate, you are issued a unique ‘Affiliate ID’ to both identify you as a participant and track any and all referrals and commissions you generate.

Affiliate URL
In order to track all your Affiliate Program sales, we give you your own URL to use for promotion. Your URL contains your ‘Affiliate ID’.

When your site visitor clicks on (or types in) an ‘Affiliate URL,’ a cookie is placed on the hard drive of that person that specifies your unique ‘Affiliate ID’. The cookie is set to expire in one year. Just because a cookie expires does NOT mean that commissions for that referred customer are forfeited. Once a customer upgrades to Advanced plan, the 'Affiliate ID' is hard coded into that customer's record, giving the affiliate credit for every renewal/payment the referred customer makes for SurveyPool.

Customer Purchases If a customer, who signed up for Basic plan, upgrades to Advanced plan within a year  from when he/she visited your promotional URL, using the same computer they did when they first visited your site, you will get credit for that sale. Monthly purchases: If a customer pays for a monthly package, you get 20% of the original purchase, as well as 20% of their monthly fees thereafter. Yearly purchases: If the customer pays for an entire year in one shot, you receive 20% of that lump sum, as well as 20% of their yearly fees thereafter.

Payments SurveyPool pays out commissions once a month by check. Checks are mailed via USPS once per month for referred sales during the prior month. If the balance is less than $50, it will rollover to the next month. If charge-backs occur, the affiliate commission for the respective sale will be debited from the referring affiliate's account.

Agreement Modifications We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Some adjustments/changes may include the rate of commission, program rules, payment of fees, scheduling of payments, etc. If for some reason you disagree with the changes we've made, you may terminate this agreement in writing with no consequence to you.

Liability Limits
We at SurveyPool 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 damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

Marketing Materials
SurveyPool has provided a broad list of marketing materials to promote the program, including pages, banner ads, text ads and more. While we encourage you to send out our pre-made email promoting the service, we expect that it will be sent to only opt-in customers (customers that have given you specific permission to email them). Sending emails to people that are not opt-in is considered fraud and in doing so, you forfeit your referral commission and will be terminated from the program.

Miscellaneous Info
This Agreement follows the laws of the United States and the state of New York, without to specific reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Kings County, New York and you must consent to the jurisdiction of those courts. You may not assign this Agreement without our prior written consent, by operation of the law or any other way. With that restriction, this Affiliate Agreement is binding, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.