Service Agreement

Quarter Mile Math “Affiliate Program” and “Fundraiser Program for Schools & Groups” Service Agreement


Note: Before joining either the Affiliate Program or the Fundraiser Program for Schools & Groups, you must agree to this Service Agreement.

This Service Agreement for the Affiliate Program and the Fundraiser Program for Schools & Gropus (the "Agreement") is made by and between Barnum Software (Barnum) and you, as a member of either the Affiliate Program or the Fundraiser Program for Schools & Groups ("You", "Your", "Affiliate/Fundraiser").

You must agree to abide by the terms and conditions found in this Agreement in order to be a participant in Barnum’s Affiliate/Fundraiser Program. Please read this Agreement entirely before applying to Barnum’s Affiliate/Fundraiser Program. By applying to Barnum’s Affiliate/Fundraiser Program, you indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not apply to be a member of Barnum’s Affiliate/Fundraiser Program.

The following agreement is summarized as follows:

You place our graphic using the Link made available to you to any location on your site or within non-spam emails.

When appropriate we may send you occasional emails concerning the Quarter Mile Math software, Affiliate/Fundraiser Program news, etc.

We reserve the right to change the parameters of the Program.

Adult sites, hate sites, or other sites containing objectionable content (as defined by Barnum) are not allowed.

You will be paid your Commissions per the payment schedule as defined on the “How Commissions are Calculated and Paid” page.

All sales data are collected by Barnum and will be the only valid stats used for determining Commissions. Commissions will be calculated by Barnum and that method will be the only valid method used in calculating Commissions.

Being an Affiliate/Fundraiser, you are allowed to have only one (1) account. However, you can list multiple domains in one account. Self-referrals for an Affiliate/Fundraiser account is strictly prohibited.

Your physical address listed for receiving checks MUST be your actual address. Mail forwarding services, for the purpose of avoiding network demographics, is NOT allowed.

You may place banners or Links within your newsletters, in content of your website, or within other web related content.

You won't hold us liable for anything.

Having a Link to Barnum’s website on your site does not mean that Barnum endorses or accepts any responsibility for the content or the use of that website.

If you SPAM using our Link or a reference to The Quarter Mile Math software or Barnum Software or any other element related to The Quarter Mile Math, your status as an Affiliate/Fundraiser will be terminated immediately. This will occur with your first offense of SPAMMING. Federal law prohibits your sending email to lists or groups that you do not have permission to send to.

Affiliate/Fundraiser accounts that are left inactive will be removed from our system if their balance is equal to or less than $25 for a period of six months. You will be mailed whatever Commission has been generated and a notice that your Affiliate/Fundraiser status has been removed. In such a case, we invite you to have your Affiliate/Fundraiser status re-started.

NOT ALLOWED: All other uses of banners or Links, such as newsgroups, banner networks, chat rooms, message boards, ICQ, counters, or guestbooks, hit farms, etc. are NOT allowed.

NOT ALLOWED: Any placement of creative in a "Desktop" advertising scheme. This includes any and all 3rd party advertising platforms that use a desktop application to display ads in any form.

NOT ALLOWED: Any display of a merchant window that isn't the result of a direct click by the end-user.

Failure to abide by these rules could mean termination from Barnum’s Affiliate/Fundraiser Program and a complete forfeit of Commissions due.

Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create Quarter Mile Math sales and subscription using robots, frames, iframes, or scripts. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS.

If you run or utilize an incentive website, you must contact Barnum prior to incorporating Barnum’s Affiliate/Fundraiser Link in said incentive website.

PRIVACY POLICY
Since its founding in 1986, Barnum has never released personal customer information to third parties. We have always respected the privacy of users.

DEFINITIONS
"Affiliate/Fundraiser" and “You” and “Your” mean an individual, school or group generating their own traffic and thus rewarded for legitimate sales. Affiliate/Fundraisers use Barnum’s Affiliate/Fundraiser Program to facilitate sales for which Commissions are paid.

“Affiliate/Fundraiser Program” is the collective name for the Affiliate Program for Individuals and the Fundraiser Program for Schools & Groups.

“Service” refers to the Service (the "Service") that Barnum developed and operates which allows Affiliate/Fundraisers to participate in and earn Commissions through sales generated by its use.

A "Visitor" is any person or user that clicks on a Link to Barnum’s website placed on an Affiliate/Fundraiser's website or blog site.

A "Commission" is the payout Barnum agrees to pay Affiliate/Fundraisers for sales made at Barnum’s website that result from a click through from an Affiliate/Fundraiser’s web page or blog site.

A "Payout" is the amount paid for one or more sales Commissions. How Payouts are calculated is defined on the main “How Commissions are Calculated and Paid” page.

A "Link" is a hyperlink placed on an Affiliate/Fundraiser's site that, when clicked on, sends a Visitor through to Barnum’s website. Links can take many forms including text, banners, a graphic, videos, buttons or other format that is acceptable to both the Affiliate/Fundraiser and Barnum.

"Your Account" refers to a single Affiliate/Fundraiser account, where Commissions are paid.

AFFILIATE PAYMENTS
You must be approved to be an Affiliate/Fundraiser before receiving any payment. You'll qualify to receive a check whenever Your earnings reach $50. Checks are cut between the 1st and 5th of every month. We offer Barnum Software customers an unconditional, 30-day, money-back guarantee. Therefore, there is a 30-day waiting period for every sale before Your Commission payment can be made.

Following is an example of how payments to Affiliate/Fundraisers are made.
Let’s say a customer orders the Levels 1, 2, and 3 Bundle CD. Your Commission is $42.50. Then, let’s say the next order is for a 1-year subscription to our Deluxe version. Your Commission would be $7.50. Since that second order caused Your total Commission to be $50, we wait 30 days from that second order. Then, assuming the customer has kept the order (in this case, the subscription), we’ll cut You a check between the first day and the fifth day of the next month. Money credited to Your account does not accrue interest.

Charter members of Barnum’s Affiliate/Fundraiser Program will receive a Commission of 50%. Barnum reserves the right to adjust the level of Commissions.

EMAIL CONTACT
Barnum Software reserves the right to send e-mail to You for the purposes of informing You of applicable changes to the Affiliate/Fundraiser Program or related services and products.

CHANGES TO THE SERVICE
Barnum Software reserves the right to modify, change, remove or add portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Affiliate/Fundraiser Program at any time. In the event of any material change, Barnum will notify You via e-mail, newsletter or Barnum’s website at least 7 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Affiliate/Fundraiser Program.

REGISTRATION
To sign up as an Affiliate/Fundraiser of Barnum Software, You must be at least 18 (eighteen) years of age, and supply a valid tax-id, which may be Your social security number for individuals, or possibly a federal tax-id for corporations or entities. Any U.S. citizen receiving more than $600 in Commissions will receive a 1099 tax form.

THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN BARNUM’S AFFILIATE/FUNDRAISER PROGRAM: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE BIGOTRY, VIOLENCE, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. As part of the registration process, You shall provide Barnum with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Barnum may rely on any data, notice, instruction or request furnished to Barnum by You which is reasonably believed by Barnum to be genuine and to have been sent or presented by a person reasonably believed by Barnum to be authorized to act on Your behalf. You shall notify Barnum by e-mail at affiliate@thequartermile.com of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your linking code. You shall be responsible for the use of Your linking code and You are responsible for all usage and activity on Your account, including use of the account by a third party either authorized by You to use Your account or NOT authorized by You to use Your account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Barnum and referral to the appropriate law enforcement agencies. Barnum reserves the right to remove you from the Affiliate/Fundraiser Program for any reason.

ACCEPTED USE
You represent to Barnum that all content You provide is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate/Fundraiser of Barnum any content, or website that includes content, which is libelous, defamatory, obscene, pornographic, abusive, or fraudulent or violates any law. As Barnum may not review all information provided by You, You shall remain solely responsible for Your content and website.

Links may not be placed in unsolicited e-mail, newsgroups, chatrooms, banner networks, ICQ, counters, or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to Barnum for that Link.

BARNUM RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF BARNUM’S AFFILIATE/FUNDRAISER PROGRAM. If You are terminated from the Affiliate/Fundraiser Program, Barnum has the right to withhold money You earned within the Program and You will not be allowed to re-join Barnum’s Affiliate/Fundraiser Program.

LIMITED WARRANTY
Barnum’s Affiliate/Fundraiser Program, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BARNUM DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, BARNUM SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. Barnum will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate/Fundraiser understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Barnum liable for any of the consequences of such interruptions. BARNUM SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEBSITE OF AFFILIATE/FUNDRAISER OR AFFILIATE/FUNDRAISER CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. BARNUM SHALL HAVE NO LIABILITY WITH RESPECT TO BARNUM’S OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF BARNUM HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF BARNUM HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY BARNUM AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY
BARNUM OR ITS SUPPLIERS OR RESELLERS OR MERCHANTS SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE BARNUM’S AFFILIATE/FUNDRAISER PROGRAM OR ANY INFORMATION PROVIDED ON BARNUM’S WEBSITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF BARNUM OR A BARNUM AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BARNUM’S LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that Barnum, the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your website, and You jointly and severally agree to indemnify, defend, and hold harmless Barnum and its Affiliate/Fundraisers, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto.

OWNERSHIP AND LICENSES
You, the Affiliate/Fundraiser, are granted a non-exclusive, limited, revocable right to use Barnum-provided trademarks, graphics, and banners. All images, technology and content provided for Your use is and shall remain the sole property of Barnum, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain Barnum’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way.

Barnum may immediately terminate Your license to use the marks if Barnum reasonably believes that such use dilutes, tarnishes or blurs the value of their marks or in any way lessons, impairs or compromises Barnum’s reputation and/or the reputation of its products. You acknowledge that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by Barnum above. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge Barnum‘s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of Barnum.

REPRESENTATIONS
Barnum makes no representations whatsoever about any other website which You may access through the Service. In addition, a Link to a Barnum website does not mean that Barnum endorses or accepts any responsibility for the content or the use of such website.

NONASSIGNABILITY
Affiliate/Fundraiser or Barnum may assign this Agreement to any successor or Affiliate/Fundraiser upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES
This Agreement shall be governed by California, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of California, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU OR COMMISSION GENERATED BY YOUR ACTOINS IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER SHOULD YOU SUBMIT ONE. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

Apply to be in the Affiliate Program for Individuals
Apply to be in the Fundraiser Program for Schools & Groups

Affiliate Program for Individuals
Fundraiser Program for Schools & Groups

How Commissions are Calculated and Paid
Service Agreement for the Affiliate Program and the Fundraiser Program for Schools & Groups
Contact us at affiliate@TheQuarterMile.com or call 800-553-9155

Barnum Software has been in business since 1986. We are pleased to be able to offer this wonderful opportunity to you.