This agreement describes the entire terms and conditions for participation in the FlexAccounts.com® Affiliates Program. In this agreement, the term "Participant" refers to you (the applicant), and "sponsoring website" refers to the website from which you will link to FlexAccounts.com®. Wherever the agreement refers to "you" or "your", it means "the Participant"; "we" or "our" refer to FlexAccounts.com® and the terms "product" or "products" refer to the Fast-Flex Plus cafeteria plan administration software or the Cafeteria Plan legal documents.

You can add or remove links at any time.   You may add as many links to FlexAccounts.com®, or remove such links, at anytime and without prior approval from FlexAccounts.com®.

Referral Fee Qualifying Products: Annual and quarterly subscriptions to Fast-Flex Plus® and/or sales of cafeteria plan legal document templates originating from a special link or links at your sponsoring website qualify to earn you referral fees.

The optional printed manual and CD-ROM, which are provided at cost to users of Fast-Flex Plus, do not qualify for referral fees:.

Referral Fee Amount: The initial subscription or purchase price of qualifying products will count toward the total sales during the calendar quarter. Only qualifying products that are sold by FlexAccounts.com®, shipped/sent to a customer, and for which FlexAccounts.com® has received full payment will qualify for a referral fee.

The total of such sales in any given quarter will generate referral fees, based upon the applicable percentage rate referral fee, according to the following schedule:

40% - orders placed through your website (First tier)
10% - orders placed through affliliates that learn of our affiliate program through your website

(Second tier)
Referral Fee Payment: FlexAccounts.com® will send a referral fee check for the applicable referral fee approximately 5 days after the 1st of each calendar quarter. A statement of customer purchase activity attributable to the Participant will be sent each quarter of the calendar year.

Returns and Cancellations: If a referral fee qualifying product is later returned by the customer, its referral fee will be deducted from the next quarterly payment sent to the Participant. (Please note that our high product quality and 90-day, no-obligation software trial policy virtually eliminates returns of our product. Last year, we had no purchased-product returns.)

Order Processing: FlexAccounts.com® will be solely responsible for processing every order placed by a customer following a special link from your sponsoring website. Order entry will use the FlexAccounts.com® secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are the responsibility of FlexAccounts.com®.
All of the rules, operating procedures and policies of FlexAccounts.com® regarding customer orders and accounts will apply to orders we receive through special links on your sponsoring website. FlexAccounts.com® reserves the right to reject any order that does not comply with our rules, operating procedures, and policies.

Tracking of Sales: FlexAccounts.com® will be solely responsible for tracking sales we make to customers who follow special links from the sponsoring website. The Participant will be solely responsible for ensuring that these special links are formatted properly, a necessary prerequisite to tracking such sales. Statements of sales activity will be provided to the Participant in realtime with a special URL that they are assigned.

Promotional Techniques: You are free to promote the link to FlexAccounts.com in acceptable ways. Examples of acceptable ways to promote the course are: through banners, text links, letters of recommendation to newsletters, subscribers, or your client base. However, you may NOT use SPAM (in any way, shape or form, including email and newsgroup spamming), or offer recommendations for our products on any WAREZ, CRACK, or SPAM oriented site. If you use SPAM, your account will be immediately terminated! Any referral fees not paid up to the point of termination will not be paid to you and will be property of FlexAccounts.com®.

This program is not a MLM (multi-level marketing) opportunity. If you choose to promote FlexAccounts.com® SubReseller Program, it can only be promoted as a two-tier business opportunity. As an affiliate, you cannot promote it as MLM. If you promote the FlexAccounts.com® Affiliate Program as MLM your account will be immediately terminated. Any referral fees not paid up to the point of termination will not be paid to you and will be property of FlexAccounts.com®.

References/Testimonials: You agree to cooperate with FlexAccounts.com® in the development of joint press releases and testimonials. You further agree that you will allow us to use your company name in marketing collaterals and make reference to you on our website.

Associates Signing-Up Under Themselves: We will not tolerate current associates signing themselves up as sub-associates under their own assigned referral number in order to generate the additional commissions for their own sales. We have extensive tracking software in place to deter this (which is programmed to look for any similarities whatsoever in any of our associate records and flag us). If we find that this ever the case, the account(s) in question will be immediately terminated and any referral fees unpaid since our last referral payout will remain sole property of FlexAccounts.com®. To put it bluntly, it's not worth trying!

Copyrighted material: You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright and other laws. FlexAccounts.com® will not be responsible if you use another party's copyrighted material in violation of the law.

FlexAccounts.com® policy applies to all orders: Every customer who buys a product through this program is deemed to be a customer of FlexAccounts.com®. The Participant does not have the authority to make or accept any offer on behalf of FlexAccounts.com®. All FlexAccounts.com® policies regarding customer orders, including product availability, pricing and problem resolution, will apply to these customers. FlexAccounts.com® is not responsible for any representations made by the Participant which contradict our policies.

Product prices and availability: The price charged for every product sold under this program will be determined by FlexAccounts.com® according to our own pricing policies. In case of any price discrepancies, the price charged to the customer will always be the price listed on FlexAccounts.com® webpage linked from your sponsoring website.

Website service interruption: FlexAccounts.com® will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The Participant agrees not to hold FlexAccounts.com® liable for any of the consequences of such interruptions.

Trademarks, Trade Names, & Patents: You hereby recognize our right of ownership of all Trademarks, Trade Names, and Patents associated with these services. You will act consistently with these rights and act to preserve them in the course of marketing and sales of these services. We grant you the right to our Trademarks and Trade Names in connection with marketing and sales of these services.
Term of the Agreement: The Participant may receive referral fee payments on qualifying orders that are placed during the term of this agreement. This term will begin on the date that your application is approved by FlexAccounts.com®, and shall end when canceled by either party as provided below.
Referral Fees earned through the date of expiration or cancellation of this agreement will remain payable only if the products are not returned or canceled from their orders. Payment of the final referral fee payment to the Participant may be withheld for a reasonable time in order to ensure that the correct amount is paid.

The agreement may be modified: FlexAccounts.com® reserves the right to change any of the terms and conditions in this agreement, at any time and in its sole discretion, by posting a new agreement on our website.

Cancellation of this agreement: Either FlexAccounts.com® or the Participant, acting in their sole discretion, may choose to cancel this agreement at any time by written notice of cancellation to the other.

Warranty Disclaimer: FlexAccounts.com® makes no warranties, representations or conditions with regard to the program or, except as expressly set forth in FlexAccounts.com®'s then current product sales policies, any products sold thereunder, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade.

Limitation of Damages: FlexAccounts.com® shall have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the program, even if FlexAccounts.com® has been advised of the possibility of such damages. Further, FlexAccounts.com®'s aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total referral fees paid or payable by FlexAccounts.com® to Participant under this agreement.

Miscellaneous: Participant and FlexAccounts.com® are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Participant shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of FlexAccounts.com®. Subject to the foregoing restriction, this agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns.
Governing Law: This agreement shall be governed by the laws of the United States.