Affiliate Terms & Conditions

MaestroConference Affiliate Agreement

Thanks for referring people to use our products and services (“Services”). The Services are provided by VoiceVoice, Inc., dba MaestroConference, located at 1025 3rd St., Oakland CA 94607. By being an Affiliate for our Services, you are agreeing to these terms. Please read them carefully.

1. Definitions

"Affiliate Link" means a unique URL from MaestroConference which allows MaestroConference to identify visitors from your web site as originating from you. "Product" refers to the MaestroConference product, which is more fully described at "Buyer" means a someone (an individual or organization) who purchases the Product.

2. Payments and Commissions

We pay Affiliates $20 per referral for monthly subscriptions and $200 per annual subscription, and 20% of the dollar value of new subscriptions less than $97/month, net 45 days, once we owe you $100 or more. Custom consulting or other services that MaestroConference provides don’t count for commissions.

MaestroConference will pay Affiliates a commission of $20 per monthly plan payment, and $200 per annual plan payment, for each sale of the Product which is identified by a visitor from the Affiliate’s web site using their unique Affiliate Link.

We no longer offer sub-affiliate commissions.

MaestroConference does not pay commissions on any revenue generated by custom work or paid support services performed by MaestroConference beyond the normal monthly fees for customers of Affiliate’s sales. These kinds of revenues will be retained by MaestroConference.

MaestroConference does not pay commissions if Affiliates advertise the services through marketing tools such as AdWorks.

Affiliate Commissions will be paid by Paypal to an email specified by Affiliate for this purpose, or by company check. Payments will be mailed to the address indicated on the Affiliate signup form, or as otherwise directed in writing. Commissions are paid 45 days out to allow for refunds and chargebacks. (For instance, commissions for March should be paid around the 15th of May or later.) MaestroConference reserves the right to delay paying commissions until the balance owed Affiliate reaches $100.00. Although the Affiliate Program is not limited to the United States, all payments will be made in U.S. dollars.

Affiliates who reside in the US must provide a tax identification number (such as EIN or SSN) before issuance of payment. MaestroConference will report to the IRS any payments that equal or exceed $600.00 on a calendar year.

If you refer someone to MaestroConference and the person you refer cancels their purchase, the related Commission will be “clawed back” in case the customer receives a refund for the cancellation.

Affiliates cannot refer themselves or their spouse/civil union partner to qualify for commissions. No exceptions will be made.

All Affiliate applications are subject to approval by MaestroConference.

3. Affiliate Link

Please use the Affiliate Link we provide you. This is important for us to be able to make sure that people you say you referred to us are actually referred by you. You need to make sure you set up the link properly to get paid commissions.

You will be given an "Affiliate Link", or unique URL, which allows MaestroConference to identify visitors from your site as originating from you. These visitors are tracked with this unique URL and sales are recorded with your Affiliate ID. To receive commissions, you must use the provided Affiliate Link. The URL may be in various forms such as a banner, image, or text link.

As an Affiliate, you are solely responsible for ensuring that its Affiliate Link is set up properly to qualify for commissions.

4. Intellectual Property

You as an Affiliate can use our logo as part of promoting our services as long as you check with us first and don’t use our logo to register a domain name for a website. We reserve the rights to our trademark. These guidelines are so we can monitor and protect our brand.

MaestroConference reserves all rights in and to the MaestroConference logo (the "logo"). MaestroConference grants to Affiliate a nonexclusive right to display the logo on Affiliate’s web site in connection with the Affiliate Link.

Before using the logo, Affiliate must have any materials on which the logo appears approved by MaestroConference. Affiliate may not change the proportion, color or font of the logo, or otherwise alter the logo. Affiliate may not display the logo in any manner that implies sponsorship or endorsement by MaestroConference, except of Affiliate’s involvement in the Affiliate Program described in this Agreement. The logo must appear by itself, with reasonable spacing (at least the height of the logo) between each side of the logo and other graphic or textual elements.

The logo may not be used to register internet domain names for any purpose. Affiliate may not use the logo to disparage MaestroConference, its products or services, or in a manner which, in MaestroConference’s reasonable judgment, may diminish or otherwise damage MaestroConference’s goodwill in the logo. Affiliate acknowledges that all goodwill generated through Affiliate’s use of the logo will inure to the benefit of MaestroConference and hereby assigns and shall assign to MaestroConference any and all goodwill generated through Affiliate’s use of the logo, without any payment or other consideration of any kind to Affiliate, and Affiliate further agrees to take all actions necessary to effect such assignment. Upon termination of this Agreement, Affiliate shall cease to use the logo.

Affiliate may bid on keywords using their affiliate link EXCEPT affiliate may not bid on the company name, product names, logo, website names, synonyms, or trademarks (registered or not) owned or operated by MaestroConference or our joint ventures or partners. Doing so gives MaestroConference the right to unilaterally end payments to that affiliate for previous, current or future purchases tracked to that affiliate or their subaffiliates.

5. Confidential Information

If you have any confidential information from MaestroConference, keep it confidential.

"Confidential Information" shall include any information, whether oral, written or observed, regarding the terms of this Agreement or sales of the Product. All Confidential Information shall remain the exclusive property of MaestroConference and shall be immediately returned to MaestroConference upon request, together with all copies thereof. Affiliate shall hold Confidential Information in trust and confidence for MaestroConference and shall not disclose such Confidential Information or use it for any purpose other than to perform as required by this Agreement. Affiliate may not disclose Confidential Information to employees or third parties unless it is necessary for such employees or third parties to know such Confidential Information in order for Affiliate to perform its obligations and duties pursuant to this Agreement.

6. Sending Unsolicited Email or Spam

Don’t spam people.

Affiliate agrees to not send unsolicited mail or SPAM mail to promote any of MaestroConference’s products or services. This action WILL RESULT in immediate termination of your account with a cancellation of any pending Commissions. Affiliate will also be in violation of the MaestroConference Affiliate Agreement and subject to legal action.

7. Prohibited Sites

We don’t allow discriminatory or illegal websites or companies to be our Affiliates.

Web sites that promote sexually explicit material or violence are not eligible to be Affiliates. Sites that promote discrimination based on race, sex, religion, national origin, or physical disability shall not be accepted. Web sites that promote illegal activities shall not be accepted. Do not apply if your web site promotes these kinds of activities. By applying, you are stating that your web site does not directly promote or endorse such activities.

8. Term of Agreement

We hope you’ll be an affiliate for a long time. If things don’t work out, you’ll need to remove any references to MaestroConference on your website within 24 hours. Because we follow US tax rules, we report the commissions we pay to the IRS if the commissions are over $600 per calendar year. We don’t change our Affiliate terms very often, but we reserve the right to change these terms if we need to.

This agreement remains in effect until terminated by either party.

Within twenty-four (24) hours after termination (whether by Affiliate or MaestroConference), Affiliate must remove all references to the Affiliate Link from Affiliate’s web site.

Commissions by Affiliate earned through the date of termination of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the Buyers referred by Affiliate. Payment of the final Commission payment to Affiliate will be paid after the end of the current calendar quarter. The provisions of section 1, the last paragraph of section 3, and sections 4, 5, 7, 8, 11 and 12 shall survive termination of this Agreement.

We reserve the right to modify or cancel our Affiliate program at our discretion.

MaestroConference reserves the right to refuse service to anyone for any reason at any time.

MaestroConference, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Affiliate program, or any other MaestroConference service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Capsule website and all our images and other materials provided under the Program.

9. Disclaimer

We will do our best to uphold our end of the agreement, track applicable Commissions and pay Affiliates on time, as much as we have reasonable control in these areas.

MaestroConference will make every reasonable effort to track and pay Commissions for all sales that apply to Affiliate. However, MaestroConference is not responsible for technical problems, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.

MaestroConference expressly disclaims any and all warranties, express, implied or statutory, and any and all warranties of merchantability, noninfringement or fitness for a particular purpose with respect to the Product. The warranties, if any, with respect to the Product will run directly from Company to Buyers.

10. Privacy

We don’t share confidential purchase information from customers referred to us (such as credit card numbers) with Affiliates. But we can give you summary data if you need it.

To protect MaestroConference customer privacy, we cannot provide identifying Buyer names and contact information to you. However, we will provide an online report detailing price, service, date of sale, and certain other data for your records.

11. Independent Businesses

As an Affiliate, you are not an employee of MaestroConference, you’re an independent contractor. You have to take care of paying any applicable taxes on income you earn from Affiliate Commissions. As an independent contractor, you cannot make decisions for MaestroConference - that’s our job!

The relationship between MaestroConference and Affiliate established by this Agreement is that of independent businesses in a contract, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between Affiliate and MaestroConference. MaestroConference and Affiliate shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein.

The term "Affiliate" shall not be interpreted as a legal partner or affiliate, simply as an independent business doing marketing for MaestroConference under this agreement. Affiliates are NOT employees of MaestroConference, and are responsible for their own local, state, or country taxes. Affiliate understands that Affiliate does not have authority to make or accept any offers or make any representations on behalf of MaestroConference. Affiliate shall not misrepresent MaestroConference products or services.

12. Limitation of Liability

Our liability is limited to the total value of Commissions. We do our best to track and pay Affiliates accurately and fairly, but we can’t guarantee 100% accuracy. We recommend that you log into your account to ensure that you are accruing Affiliate commissions properly.

MaestroConference shall not be held liable for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if MaestroConference has been advised of the possibility of such damages. MaestroConference aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Commissions paid or payable by MaestroConference to Affiliate under this agreement. In no event shall MaestroConference be liable to any party for costs of procurement of substitute goods, lost profits or any other special, consequential, incidental, or indirect damages, losses, costs or expenses of any kind, however caused, and whether based in contract, tort (including negligence), or any other theory of liability regardless of whether MaestroConference has been advised of the possibility of such damages, losses, costs or expenses.

Affiliate understands that MaestroConference is not responsible for inaccuracies that might occur in commission tracking. Tracking of Affiliate sales depend on several factors which are out of the control of MaestroConference, such as the server uptime of our vendors. It is the goal of MaestroConference to make Affiliate tracking as accurate as possible; however, MaestroConference cannot guarantee 100% tracking for situations beyond its control. We strongly advise Affiliate Partners to periodically revise their account to ensure that they are accruing Affiliate commissions properly.

13. Miscellaneous

Since we’re based in California, if you have any legal issues with this agreement, any disputes will need to be resolved in Alameda County, California or the US Northern District Court. By being a MaestroConference affiliate, you agree to this jurisdiction.

This agreement shall be governed by the laws of the State of California and the United States, without regard to conflict of law principles. All disputes arising out of or related to this Agreement shall be subject to the exclusive jurisdiction and venue of the California state courts of Alameda County (or, if there is federal jurisdiction, a United States Northern District Court of California), and the parties consent to the personal and exclusive jurisdiction of these courts.

This is the entire Agreement between Affiliate and MaestroConference with respect to the subject matter hereof. Affiliate may not assign this Agreement, by operation or law or otherwise, without MaestroConference’s prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. MaestroConference’s failure to enforce Affiliate’s strict performance of any provision of this Agreement will not constitute a waiver of MaestroConference’s right to subsequently enforce that provision, or any other provisions of this Agreement. No waiver of any provision hereof will be effective unless in writing and signed by the party against whom such waiver is sought to be enforced.


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