Agreement Version 2013.3.1
This Affiliate Agreement ("Agreement") is between Lux Scientiae, Incorporated, a Massachusetts Corporation ("LuxSci"), and the Affiliate, a natural person or business entity ("Affiliate"). It governs the LuxSci Affiliate Program and describes how and when LuxSci will grant commissions for referrals of new clients by Affiliate.
1. Term of Agreement
The term of this Agreement will begin upon the submission of your online Affiliate application and will end when terminated by either party. All Affiliates must agree to this agreement in order to become an Affiliate and indicate such agreement during the sign up process. Either the Affiliate or LuxSci may terminate this Agreement at any time (with the exception provided below), with or without cause, by giving the other party written (or emailed) notice of termination. You are only eligible to earn referral commissions on sales resulting in granted commissions during the term.
Upon termination of this agreement, the Affiliate may request that LuxSci send the Affiliate a final payment for the current balance in the Affiliate's account if the balance eligible for payment is large enough, as specified in Section 8, and the Affiliate has not violated Section 14.
Affiliates may not terminate this agreement if they have a negative account balance. Affiliates wishing to terminate their agreement must first remit to LuxSci any monies owed as per Section 9. Affiliates who refuse to remit such balances will be subject to collection agencies and will be responsible for paying the collection agency fees in addition to their balance due.
2. The Affiliate Code
Once a person or a company becomes an Affiliate, he/she/it is issued a unique "Affiliate Code". This is a unique ID number which identifies the Affiliate.
3. Eligible Services
Commissions will be granted for referred sales of "Eligible Services." These are services sold by LuxSci to which LuxSci will grant commissions. LuxSci services and charges to its customers fall into three classes:
The purpose for these three classes of services is to allow the Affiliate to receive commissions on the maximum variety of services while accounting for the significantly different margins that LuxSci has on some services vs. others.
The "Maximum Commission" on an item is defined as your referral Commission Percentage (see Section 5) multiplied by the price paid by the referred customer for that item.
The table below indicates what types of services fall into each commission class:
4. Commission Term
Affiliate will continue to receive commissions on referred accounts for as long as such accounts remain active customers of LuxSci and the Affiliate remains an active Affiliate (see Section 1).
5. Commission Percentage
The "Commission Percentage" for an Affiliate is determined by the value of all accounts which are still active LuxSci customers and which have been referred by the Affiliate to LuxSci. For each such customer, we determine the "Monthly Value" of that customer as:
The Monthly Value for all active referred customers is summed to give the Total Monthly Value. This is used to determine your Commission Percentage:
Affiliates have the ability to create "Special Offer Codes". These can be used by the Affiliate to grant some of their Commission Percentage to their referees as a Discount on services. Affiliates who use such special offers will receive their normal Commission Percentage minus the granted discount percentage as their effective Commission Percentage for the Customers who used the special offer.
Special offer codes can grant up to 10% discount to the new LuxSci customer - even if your Affiliate Commission Percentage is less than 10%. In any case where the customer has a Discount equal or larger than that Affiliate's Commission Percentage, Affiliate will not receive a commission on that referred customer (until the Affiliate's Commission Percentage increases enough).
Example 1: You have referred $10,000 in Monthly Value for many LuxSci customers over time. You thus have a 20% Commission Percentage. If one of your referees purchases something for $100, you would get $20 commission if that item is "Full Commission" or $10 if that item is "Half Commission".
Example 2: You have referred $10,000 in Monthly Value for many LuxSci customers over time. You thus have a 20% Commission Percentage. You used a Special Offer Code to grant a referee a 5% discount on his LuxSci services. You thus have a 15% effective Commission Percentage for that customer. If that customer purchased something with a retail value of $100, then the customer pays $95 if the item is Full Commission or $97.50 if it is half commission. You get a commission of 15% of $95 = $14.25 if it is "Full Commission", or 7.5% of $97.50 = $7.31 if it is "Half Commission".
Example 3: Affiliate with a 5% Commission Percentage makes a Special Offer code for a customer with a 10% discount. This customer signs up with LuxSci. Affiliate does not get any commission on this referral until the Affiliate's Commission Percentage becomes 15% or higher.
6. Methods of Referral
Affiliates can receive commissions by referring Customers via Affiliate URLs, Special Offer Codes, by pre-registering the referral opportunity, or by informing LuxSci of the referral. Customers signing up with LuxSci outside of these methods will not generate a referral commission for an Affiliate.
6a. Special Offer Codes: Affiliates may create "Special Offer Codes" in the LuxSci Affiliate Portal. Purchases of new LuxSci accounts by visitors who use one of the Affiliate's valid Special Offer Codes will result in commissions.
6b. Saved Quotes: Affiliates can create custom package configurations on LuxSci's site and, on the customization page, enter one of their "Special Offer Codes" and then save the configuration as a "Saved Quote". This produces a link that Affiliates can post on web sites or give to others. Clicking on the link takes the user back to the LuxSci order configuration page with the custom package pre-filled, the special offer code pre-filled, and also sets an Affiliate cookie in the user's browser. This ensures that the Affiliate will get a commission on the order placed by this user. The user gets exactly what s/he needs and the Affiliate gets the commission.
6c. Signing up by phone: If you or your referee would like to place an order by phone, instead of by using our web site directly, and be sure that your Affiliate account gets the referral commission, you must give a "Special Offer Code" to the sales person on the phone and be sure that they use it when filling out the online order forms for you. Failure to do this may result in the lack of a referral commission. You can also give the sales person a "Saved Quote" link that save a saved special offer code saved in it, or use the "Post Facto" method in these cases.
6d. Affiliate URL: The URL Affiliates promote is "//luxsci.com/la.php/CODE/". "CODE" should be replaced by your "Affiliate Code" (this is given to you in the HTML section of the Affiliate portal). This is the "Affiliate URL". Affiliates can promote any page on the LuxSci web site by modifying their Affiliate URL in a manner described in the Affiliate Portal. Sales resulting from referrals through the "Affiliate URL," or appropriate modifications thereof, result in commissions.
Cookie Placement and Expiration: When someone (the "visitor" ) clicks on (or types in) an "Affiliate URL," a cookie is placed on the in the web browser of that person that specifies the "Affiliate Code" of the "Referring Affiliate". The cookie is set to expire in one year. If the Visitor signs up for a new LuxSci account using the same computer and web browser within 1 year of the time that they last used an "Affiliate URL" (and if they have not cleared their cookies in the interim), LuxSci will detect the cookie and associate the Visitor (now a "Customer") with the Referring Affiliate, so that the Referring Affiliate may get commissions on that Customer.
6e. Opportunities: Affiliates can register their referral opportunities in the LuxSci Affiliate portal. When a customer signs up without a Referral Code or Affiliate Cookie, the LuxSci system compares the customer's contact information with all registered opportunities and presents the matches to LuxSci. If a match is manually determined to be a good and specific match to your registered opportunity, then the new customer will be automatically linked to your Affiliate account and you will get commissions for it. Opportunities expire 180 days after they have been registered or edited in the Affiliate portal.
6f. Post Facto: If a customer signed up based on your referral but did not use one of the above methods and you can prove that the new account is really based on your referral (e.g. because the new account says so or because that is documented), then LuxSci can associate the new account with your Affiliate account so that you can receive commissions on it. This manual process must be done within 30 days of an account's sign up with LuxSci. The new customer cannot, however, be granted any discounts for being your referral in this situation.
7. Granting of Commissions
Affiliates who refer Customers via one of the methods listed in Section 6 are eligible for commissions on the billing statements for those customers as specified in Sections 2-5.
Commissions on Customer billing statements are only granted to the Affiliate after they have been paid in full by the Customer.
Because LuxSci offers a 30-day refund policy to its customers, individual commissions will not be eligible for payment to the Affiliate until the Customer who generated the commission has been a LuxSci customer for more than 30 days.
Referee eligibility: LuxSci reserves the right to revoke commissions for specific referees. Affiliates may not receive commissions for referring their own accounts (e.g. accounts owned by themselves).
Exception. LuxSci Affiliate-referred customers that signed up for accounts before March 1st, 2012, fall under LuxSci's "old" affiliate program guidelines. The Monthly Value of these referred customers will contribute to the Affiliate's Total Monthly Value (e.g. for the determination of the Commission Percentage); however, Affiliate will not receive commissions on these referred customers (as referral commissions in the old program ended after 1 year and before this improved Affiliate program began on March 1st, 2013).
Payment of commissions can made via check, PayPal, or credit to your LuxSci account (should you have one); clients can choose their payment method in the Affiliate Portal.
Checks are mailed via United States Postal Mail once per month. Checks will not be cut unless the credit balance in the Affiliate's account is greater than or equal to $25. If the balance is less than $25, it will roll over to the next month. Payment via check is only available to Affiliates with payment addresses in the United States.
Payment via PayPal is available to any Affiliate who specifies a valid PayPal payment email address and is made once per month; payment will be made if the balance in the Affiliate's account is greater than $25. If the balance is less than $25, it will roll over to the next month.
Payment via credit to an active LuxSci account is available to any Affiliate that is also a client of LuxSci and is made once per month; payment will be made if the balance in the Affiliate's account is greater that $25. If the balance is less than $25, it will roll over to the next month.
9. Charge Backs and Reversals
If a charge back occurs or a previously paid billing statement needs to be canceled, the Affiliate commission for the respective statement will be debited from the Referring Affiliate's account credit.
If the charge back happens after a payment to the Affiliate has been made, it is possible that the balance in the Affiliate's account could become negative. At the request of LuxSci, the Affiliate is required to remit to LuxSci the amount owed as indicated by the negative balance. Such a balance must be remitted within 15 days of the request or the Affiliate will be considered in default and collection agencies may be contacted. Affiliates are responsible for paying for any resulting collection agency fees.
LuxSci 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. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, you may terminate this agreement.
11. Limitation of Liability
LuxSci 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.
12. Independent Investigation
Affiliates may view complete records of their commissions and referrals by logging into his or her account in the LuxSci Affiliate Portal.
13. Marketing Materials
Affiliates may use graphics, text, and sample promotions provided in the Affiliate Portal to promote LuxSci. Text and graphics that are part of the rest of the LuxSci.com web site or other LuxSci marketing materials may not be used by the Affiliate without the explicit permission of LuxSci.
14. Improper Marketing
Affiliates may not use unsolicited commercial email to promote LuxSci. UCE is defined as mass email sent to recipients who have not requested it (opted-in) and with whom the Affiliate has no prior relationship. Any such use may result in the termination of an Affiliate account and forfeiture of any commissions not yet paid.
This Agreement will be governed by the laws of the United States and the State of Massachusetts, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Massachusetts, and you irrevocably consent to the jurisdiction of such courts. You may not 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 be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.