Windows Renew Agreement

Subscriber Agreement

The Web sites located at www.joinwindowsrenew.com, www.windowsrenew.com, and http://launchpad.windowsrenew.com (“Site”) are provided by Windows Renew (“Windows Renew”). Your access to and use of the Site is governed by this Subscriber Agreement (“Agreement”). As used in this Agreement, “windowsrenew.com,” “we,” “us” or “our” refers to Windows Renew, and “you” or “your” refers to you, the user of the Site. The Agreement below is the agreement you consented to upon subscribing to the site. The Agreement does not apply to use of the publicly available Web Site maintained by Windows Renew.

1. Access and PasswordsAs part of the subscription process for this Site, you have selected or been assigned a particular username and password in accordance with Windows Renew’s username and password guidelines. YOU AGREE THAT YOU ARE THE ONLY INDIVIDUAL ENTITLED TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD, AND YOU AGREE NOT TO PERMIT OTHERS TO ACCESS THE SITE USING YOUR USERNAME OR PASSWORD. You agree that all actions taken by you, or any other user that accesses the Site using your username and password, at or through the Site will be attributed to and legally bind you, even with respect to acts for which the user had no actual authority or made an error. You assume all resulting liability from use of the Site and any services or information available on it by you or others using your username or password. If you lose your username or password, please contact us at: support@windowsrenew.com.
2. Subscription Fees and PaymentsYou can always find the current Subscription Fees posted on our site. Your subscription will continue and renew automatically, unless terminated by Windows Renew or until you notify Windows Renew by email or as designated on the Site of your decision to terminate your subscription. If there are any annual, monthly, or similar periodic fees for your subscription, these fees will be billed automatically to the credit card designated during the registration process for the Site or subsequently designated by you to Windows Renew, at the start of the annual, monthly, or similar period, and at the start of each renewal period, unless you terminate your subscription before the relevant period begins. You agree to pay or have paid all fees and charges incurred in connection with your username and password for the Site (including any applicable taxes) at the rates in effect when the charges were incurred. All fees and charges are nonrefundable. Windows Renew may change the fees and charges then in effect, or add new fees or charges, by giving you notice in advance. All fees and charges incurred in connection with your Windows Renew username and password will be billed to the credit card designated during the registration process for the Site or subsequently designated by you to Windows Renew. If you want to designate a different card or there is a change in credit card validity or expiration date, or if you believe someone has accessed the Site using your username and password without your authorization, you may email us at support@windowsrenew.com. You are also responsible for any fees or charges incurred to access the Site through an Internet service provider or other third party service. YOU, AND NOT WINDOWS RENEW, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY WHICH WERE NOT AUTHORIZED BY YOU.
3. PrivacyOur Privacy Notice is a part of this Agreement and its terms are incorporated herein by this reference. Please read it now at the link on our site.
4. User ConductThe Site may contain bulletin board services, news groups, forums, and/or other message or communication facilities (“Communication Services”) designed to enable you to communicate with others. You agree to use the Communication Services only to submit or post messages and material that are proper and, when applicable, related to the particular Communication Service. You are also prohibited from submitting to, posting or transmitting through Windows Renew any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Content that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” is prohibited. You may not use a false email or postal address, impersonate any person or entity, or otherwise mislead as to the origin of your posted content.Any opinions, advice, statements, services, offers, or other information that constitutes part of the content expressed or made available by third parties are those of the respective authors or distributors and not of Windows Renew nor its affiliates, not any of their officers, directors, employees, or agents. You acknowledge that Windows Renew does not pre-screen all content, but that Windows Renew and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is made available via the Communication Services. Without limiting the foregoing, Windows Renew and its designees shall have the right to remove any content that violates this Agreement or is otherwise objectionable. You specifically agree that Windows Renew is not responsible for any content sent using and/or included in the Site by any third party.
5. Copyright and RestrictionsThis Web site contains proprietary material of Windows Renew (or material that other suppliers have licensed to Windows Renew for their use) which is protected by copyright and other laws respecting proprietary rights. Windows Renew retains all rights in the material and media, including (without limitation) all copyright and other proprietary rights worldwide in all media. You may not use Windows Renew except as expressly permitted under this Agreement and under U.S. copyright laws. Any routine and/or systematic redistribution of any portion of the products licensed herein is expressly prohibited.End users who are duly authorized may Access Windows Renew for individual use, i.e., may view the information on screen; may download small portions of the information to a computer disk for personal convenience and later reference; and may print paper copies of small portions for personal use only.The rights granted here are an expansion of the rights granted under the Copyright Act and do not include any rights to reproduce in its entirety any portion of the information or materials contained therein. No part of the information may be duplicated in any medium or format beyond the express terms of this Agreement without prior written authorization from Windows Renew. Any use not authorized by the Agreement is prohibited and is not a fair use under the U.S. copyright law.

   You acknowledge that the information (and the licensed materials contained therein) is highly proprietary in nature and that unauthorized copying, transfer or use may cause Windows Renew and/or Windows Renew’s suppliers irreparable injury that cannot be adequately compensated for by means of monetary damages. You agree that any breach of this provision by you, or any subscriber or end-user, may be enforced by Windows Renew, and/or any of Windows Renew’s suppliers, by means of equitable relief (including, but not limited to, injunctive relief) in addition to any other available rights and remedies.

   You agree that any supplier of any portion of the licensed materials may enforce its rights against you, even though that supplier is not a party to the Agreement.

   You may not and may not permit others to: reproduce, publish, distribute, sell, or otherwise access or use any material retrieved from or contained in or on this Site in any manner whatsoever that may infringe any copyright or proprietary interest of Windows Renew; distribute the information contained in and/on this Site to other users not duly authorized to Access the Site; distribute, rent, sublicense, lease, transfer or assign the information or Agreement; decompile, disassemble, or otherwise reverse-engineer this Site or information contained in or on this Site or any software contained therein, or alter, translate, modify, or adapt it to create derivative works. Unauthorized reproduction, transfer, and/or use may be a violation of criminal as well as civil law.

   You are expressly prohibited from placing or installing any portion of the information on any electronic media, including, but not limited to, local or wide area networks, timesharing services, multiple processing units, multiple site arrangements, service or software rental bureaus, list servers, online services, electronic bulletin boards or forums, World Wide Web sites or any other server that is Internet-enabled, without written authorization by Windows Renew.

   If you breach any provision of this Agreement, Windows Renew may immediately terminate this Agreement and all licenses granted hereunder without prior notice and in addition to any other available rights and remedies

6. Limitations on UseThe following activities are prohibited. You agree not to:a. Use Web-accelerated browsers or products (including but not limited to NetJet, NetSonic, MSIECrawler and Teleport-Pro), or other applications that are capable of copying large portions of content from the Site. Windows Renew can detect the use of these systems through live logfile analysis and will ban any future use by offenders.b. Use robots and crawlers, or similar technology, without following the robot guidelines (found at http://info.webcrawler.com/mak/projects/robots.html). We are able to detect robots violating the guidelines and we will ban any offenders. If you are using a robot/crawler to check Windows Renew links, it must operate according to the robot guidelines (see above). Do not leave new robots unattended and allow a minimum of 1 minute between automated requests.

   c. Use any device, software or routine or the like to interfere or attempt to interfere with any Site functionality;

   d. Take any action that imposes an unreasonable or disproportionately large load on the Site infrastructure;

   e. Use any email addresses appearing on the Site for purposes not relating specifically to the Site;

   f. Access the Site by any means other than through the interface that is provided by Windows Renew, or attempt or access any area of the Site to which your access is not authorized; or

   g. Reverse engineer, reverse assemble or otherwise attempt to discover any source code relating the Site, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

7. Accuracy and Availability of InformationThe Site contains database information and other content compiled by Windows Renew. While we use commercially reasonable efforts to provide accurate information, Windows Renew gives no warranty as to the accuracy of the database and other content on the Site. Windows Renew reserves the right to withdraw or delete information or content from the Site at any time.
8. Links to Third Party SitesWindows Renew does not endorse the content on any third-party Web site, including Web sites of Windows Renew’s affiliates (“Third-Party Sites”). Windows Renew is not responsible for the content of Third-Party Sites that you reach through links on the Site, sites framed within the Site, or third-party advertisements on the Site, and we do not make any representations regarding their content or accuracy. Your use of Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites. Any transaction that you conduct at a Third-Party site will be between you and the party providing that Web site. This means that Windows Renew is not your agent and is not a party to any transaction at a Third-Party Site.
9. Representations and WarrantiesYou represent and warrant to Windows Renew that: (a) you possess the legal right and ability to enter into this Agreement; (b) all information submitted by you to the Site is true and accurate; (c) you will be responsible for all use of your username and password even if such use was conducted without your authority or permission; (d) you are at least 18 years old; and (e) you will not use the Site for any purpose that is unlawful or prohibited by this Agreement.
10. Disclaimer of WarrantiesALL CONTENT, SOFTWARE, AND OTHER SERVICES PROVIDED AT OR FOUND WITHIN THIS SITE BY WINDOWS RENEW AND ITS AFFILIATES ARE PROVIDED “AS IS” AND “WITH ALL FAULTS,” WITHOUT WARRANTIES OF ANY KIND, AND WINDOWS RENEW AND ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. SPECIFICALLY, BUT WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WINDOWS RENEW DOES NOT MAKE ANY WARRANTIES REGARDING THE FOLLOWING: (a) AVAILABILITY OF THE SITE AT ANY PARTICULAR TIME; (b) ACCURACY OF THE CONTENT OR HOW CURRENT ANY CONTENT IS THAT IS FOUND ON THE SITE; (c) TRANSMISSIONS TO, FROM OR WITHIN THE SITE; (d) FUNCTIONALITY; (e) LACK OF VIRUSES; (f) COMPLIANCE OF THE SOFTWARE, SERVICES AND CONTENT PROVIDED UNDER THIS AGREEMENT WITH UNITED STATES, FEDERAL OR STATE LAWS; OR (g) THAT THE SOFTWARE, CONTENT OR SERVICES CONTAINED IN THE SITE WILL MEET ANY PARTICULAR CRITERIA OF PERFORMANCE OR QUALITY.
11. Limitation of DamagesIN NO EVENT WILL WINDOWS RENEW OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF OR UNAUTHORIZED ACCESS TO INFORMATION, AND THE LIKE, EVEN IN THE EVENT OF FAULT, TORT, BREACH OF CONTRACT, OR BREACH OF WARRANTY, AND EVEN IF WINDOWS RENEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability; Exclusive RemedyALSO, IN NO EVENT WILL WINDOWS RENEW OR ANY OF ITS AFFILIATES BE LIABLE TO YOU AND/OR ANY AGENCY FOR ANY AMOUNT IN EXCESS OF THE TOTAL DOLLAR AMOUNT ACTUALLY RECEIVED BY WINDOWS RENEW FROM YOU FOR ACCESS TO THE SITE AND ANY OF THE SERVICES AVAILABLE AT THE SITE DURING THE YEAR PRIOR TO YOUR CLAIM.
13. IndemnityYou agree to indemnify and hold us harmless, and pay our attorney’s fees and costs, if we become liable for or incur any damages in connection with your breach of this Agreement. You may not settle any dispute without our prior consent, which may only be given in a non-electronic writing signed by an authorized representative of Windows Renew.
14. Consent to Electronic Notices and Other CommunicationsYou agree that all of your transactions relating to the Site may, at our option, be conducted electronically, including any that we are otherwise required to provide in “writing”. For example, we may send you notices via postings at the Site or via email to any email address that you provide to us during registration as a Site member. If you do not wish to deal with us electronically, you should not use the Site or enter into this Agreement. If applicable law now or later requires us to communicate with you non-electronically, we reserve the right to charge a fee for doing so. Notice will be deemed given 24 hours after the email is sent, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration.
15. Print a Copy for Your RecordsYou agree to print or make an electronic copy of this Agreement (and any amendment from time to time) and retain it in your records. You also agree to make a copy of any other information that we deliver to you in writing.
16. TerminationWindows Renew may terminate your subscription and/or access, or suspend access to all or part of the Site, without notice, for any conduct that Windows Renew, in its sole discretion, believes is in violation of this Agreement, any applicable law, or any act which is harmful to the interests of another user, service provider, or Windows Renew. Windows Renew may also elect not to renew your subscription and access by providing a notice of nonrenewal prior to the end of your current subscription term. Applicable sections of this agreement will survive any termination or expiration of this Agreement.
17. AssignmentYou agree not to assign your rights under this Agreement without the consent of an authorized representative of Windows Renew in a non-electronic record, and any assignment without Windows Renew’s consent will be voidable at Windows Renew’s option. This Agreement will inure to the benefit of and bind the parties’ respective successors and permitted assigns.
18. Applicable Law and DisputesThis Agreement is governed by the laws of the State of New York, without regard to principles of conflict of laws.To the extent you have in any manner violated or threatened to violate Windows Renew and/or its affiliates’ intellectual property rights, Windows Renew and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of New York, and you consent to exclusive jurisdiction and venue in such courts.Any other disputes will be resolved as follows:

    If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York, NY.  Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

    If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York, NY., under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

19. AmendmentsWindows Renew may change the provisions of this Agreement. When Windows Renew changes the terms of this Agreement, Windows Renew will notify you by email or online postings on this Site. The changes will also appear in this document, which you can access any time. You already agreed to be bound by the changes when you first subscribed to the site. If you do not agree to be bound by the changes, you should not use the Site again and you should cancel your subscription to the Site. Even if you have not clicked on the “I Agree” button or checked the I agree box when subscribing, if you use the Site after you have been notified of a change to this Agreement, you are agreeing now to be bound by that change.
20. Entire Agreement; Severability; No WaiverThis Agreement (including all documents incorporated by reference) is the entire agreement between the parties for its subject matter and supercedes all prior and contemporaneous communications between the parties. No term of this Agreement may be waived by Windows Renew except in a signed, non-electronic writing signed by an authorized representative of Windows Renew.
21. GeneralIf any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that its remaining provisions will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that no joint venture, partnership, employment or agency relationship exists between you and Windows Renew or its affiliates as a result of this Agreement or your use of the Site.

Refund Policy and Guarantee

Once you’ve become Active after your trial period, from the time you start, you’ll have a full 365 days to use your Windows Renew account as a customer, and not as a free trial.

If it’s after the first 365 days, and before the first 395 days after you signed up for the Windows Renew program, and you have paid your balance due in full and on time, you may request a refund only if you submit to us through mail proof that you’ve fully implemented 3 marketing campaigns provided to you by Windows Renew and did not make back any return on investment in the amount you first paid Windows Renew upon sign-up. You agree that “fully implemented” means that you ran each campaign on a daily or weekly basis through an appropriate platform (as specified by Windows Renew) for 3 consecutive months. You also agree that if, in the event, you cannot provide proof of fully implementing 3 consecutive campaigns, as specified by this agreement, you are not entitled to a refund of any kind. You also understand that any breach of this agreement forfeits your rights to a refund.

Privacy Policy

OUR PRIVACY POLICY
Windows Renew (“Windows Renew”) is committed to protecting the privacy of our online visitors. We collect information from online visitors who ask to be on our newsletter mailing list and/or receive periodic email announcements. Anyone who wishes can choose to be removed from our mailing list at any time.

In addition, online visitors who wish to purchase a membership through our Web site must provide their name, email address, mailing address, phone number, and credit card number and expiration date. All credit card transactions occur over a secure connection.

All online visitor data collected by Windows Renew is protected against unauthorized access. We will not sell, trade, or give your personal information to other companies or organizations.

Children’s Privacy

We do not knowingly collect personal information from children under the age of 13. If we learn that we have personal information on a child under the age of 13, we will delete that information from our systems. Windows Renew encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:

Teach kids never to give personal information, unless supervised by a parent or responsible adult. Includes name, address, phone, school, etc.

Know the sites your kids are visiting and which sites are appropriate.

Look for Web site privacy policies. Know how your child’s information is treated.

Check out the FTC’s site for more tips on protecting children’s privacy online.

Contacting Us.
We can be reached by contacting:

Windows Renew
Phone #: 1-800-699-2189
Email: rkristopher@windowsrenew.com
Address: 2-17 51st Avenue, #519, Long Island City, NY 11101

Affiliate Program Terms and Conditions

Affiliate Policy Agreement

Welcome to the Windows Renew Affiliate Agreement (“Agreement”). This Agreement sets forth the terms and conditions under which Windows Renew (“Windows Renew”) makes the Windows Renew Affiliate Program (“Affiliate Program”) available to you. By becoming a Windows Renew Affiliate and using the Affiliate Program you expressly agree to be bound by and follow all terms and conditions set forth in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is not to participate in the Affiliate Program.

Windows Renew reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Windows Renew Web Site. In the event of substantive changes to the terms of this Agreement, you may be notified by email. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Windows Renew Web Site will constitute binding acceptance of the changes.

1           General Rules

1.1         The Windows Renew Terms of Service and the Windows Renew Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the Windows Renew Terms of Service and the Windows Renew Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the “Windows Renew Services,” and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy. In the event of an inconsistency between this Agreement and the Windows Renew Terms of Service this Agreement shall control.

1.2    Anti-spam and general coolness policy
*  Under no circumstances use SPAM techniques to promote this product.
* Absolutely NO EMAIL SPAM – emails lists MUST be Opt-in – no exceptions.
* Absolutely NO Twitter Spam – use BEST PRACTICES when using twitter to promote
* Absolutely NO Facebook Spam – same goes here. In Fact, NO SPAM AT ALL in any Social Media, Social Networking, or Social Bookmarking Sites.
* You will include Affiliate Disclaimers, as per the FTC Advertising Guidelines
* Do not send JUNK, or UNQUALIFIED TRAFFIC to the marketing content or Windows Renew offer. (i.e., if they can’t afford the offer, don’t shove it down their throats)
* Be transparent and authentic – We will treat your visitors with massive respect and give them value during this campaign.
* Keep ALL internal promotional information confidential – if you leak info, you’re OUT.

2           Becoming a Windows Renew Affiliate

2.1         Eligibility. Windows Renew will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law.

2.2         Opening an Account. To become an Affiliate and have the right to participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account (“Account”) with Windows Renew through its online registration process.

2.3         Contact Information. You must provide Windows Renew with accurate and complete contact and payment information when you open an Account. You must immediately notify Windows Renew if any of your contact or payment information changes. If you do not provide Windows Renew with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program.

2.4         Account Security. You will be assigned a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Windows Renew immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Windows Renew immediately if you become aware of any other breach or attempted breach of the security of your Account or the Windows Renew Service. You can change your password at any time from inside your Account.

3           Your Obligations

3.1         You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of Windows Renew and third parties. You must comply with all of the guidelines set forth in this document.

3.2         Special Links. As a member of the Affiliate Program, Windows Renew will provide you with special “tagged” link formats (“Special Link(s)”) to be used in linking to the Windows Renew Web Site. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the Windows Renew Web Site if such activity was originated from properly formatted Special Links. Windows Renew will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement.

3.3         Use of Special Links. Windows Renew will provide you with the Special Links and graphical artwork to use in linking to the Windows Renew Web Site. You must use the Special Links in accordance with the terms and conditions in this Agreement and the Affiliate Guidelines.

4           Customers Purchasing Via the Affiliate Program.

4.1         Order Processing and Reporting. Windows Renew will process all product orders placed by customers who follow Special Links to the Windows Renew Web Site (“Customers”). Windows Renew reserves the right to reject orders that do not comply with any requirements that Windows Renew has and may periodically establish. Windows Renew will be responsible for all aspects of order processing and fulfillment. Among other things, Windows Renew will prepare order forms, process payments and handle customer service. Windows Renew will track sales made to Customers who purchase products using Special Links from your web site to the Windows Renew Web Site and will make available to you reports summarizing sales activity. Windows Renew will use commercially reasonable efforts to present accurate information in the reports, but Windows Renew cannot guarantee the accuracy of the reports.

4.2         Customers. Customers who buy products through the Affiliate Program will be deemed to be customers of Windows Renew. Accordingly, all of the Windows Renew rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Windows Renew may change the Windows Renew policies and operating procedures at any time. Product prices and availability may vary from time to time, and such price changes may affect products that you already have listed on your web site. Windows Renew will use commercially reasonable efforts to present accurate information, but Windows Renew cannot guarantee the availability or price of any particular product.

4.3    You are not eligible for any commissions for purchasing Windows Renew through your own Special Link.

5           Affiliate Commissions and Reporting.

5.1         Affiliate Commissions. Windows Renew will pay you commissions in accordance with this Agreement and the Affiliate Commission Schedule (“Commissions”). The Affiliate Commission Schedule is incorporated herein by this reference. Windows Renew Affiliates can earn commissions on the following types of transactions:

5.2         Windows Renew will pay you a commission on qualifying sales originating from Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule (link). These commissions are only payable after they are final and beyond any applicable refund period.

6           Payment of Commissions.

6.1         Tax Information. In order to receive your Commissions you must provide your taxpayer information to Windows Renew as required by the IRS. If Windows Renew does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement will not be made until December 31st of such year, and all of such payments will be subject to a 30% backup withholding which will be submitted to the IRS.

6.2         Payment Terms. Windows Renew will pay you Commissions on a monthly basis. 31 days after the Guarantee period expires, payment will be issued via PayPal Mass Pay to the affiliate, less a 15% hold-back. Future payments will be made to affiliates every 30 days there after, starting on the 15th of every subsequent month. After 60 days, the hold-back will be released and paid to affiliates, less any charges against that account.

6.3         Processing Fees. If Windows Renew owes you accrued Commissions that are less than $50.00 for at least 365 days, then Windows Renew may send you payment of such accrued Commissions minus a $5 processing fee. If the amount of accrued Commissions is under $5 for at least 365 days, such amount will be used to cover Windows Renew’s administrative costs and no payment will be made to you.

6.4         Charitable Contribution. Unless you and Windows Renew otherwise agree in writing, Windows Renew may remit any payment otherwise due to you as a contribution in your name to a 501(c)(3) charitable nonprofit organization of Windows Renew’s choice (or any charity agreed upon in writing by you and Windows Renew) if: (i) you fail to provide Windows Renew with accurate and complete contact information; and (ii) the funds remain outstanding for more than 12 months. If Windows Renew makes such a contribution, its obligation to you shall be reduced by the amount of that contribution.

6.5         Termination Fees. If you or Windows Renew terminate your Account, and you have less than $50 in accrued but unpaid Commissions then outstanding, Windows Renew may charge you a $5 processing fee when sending you your final payment to cover its administrative costs.

7           Identifying Yourself As An Affiliate.

7.1         Windows Renew encourages (but does not require) you to include a Special Link on your web site to the Windows Renew home page at http://www.windowsrenew.com.

7.2         All other Communications. You must always portray yourself as having an affiliate relationship with Windows Renew and never more than that.

8           Limited Licenses.

8.1         Windows Renew License to You of Logo and Links. Windows Renew grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Windows Renew, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, Windows Renew grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the Windows Renew Web Site and promoting the sale of products on the Windows Renew Web Site. Windows Renew may revoke your license at any time by giving you written notice. Windows Renew reserves all of its rights in the graphic images, text, any other images, Windows Renew trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Windows Renew’s intellectual property shall inure to the benefit of Windows Renew.

9           Indemnification.

9.1         As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold Windows Renew harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program. You must also indemnify, defend, and hold Windows Renew harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Windows Renew’s use of any images provided via your web site or web space infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b)any claim related to your web site, including, without limitation, content therein not attributable to Windows Renew. Windows Renew may withhold any Commissions that it owes you if you have to indemnify Windows Renew.

10       Term and Termination.

10.1     Term. The term of this Agreement will begin upon Windows Renew’s acceptance of your Affiliate Program application and will end when terminated by either party.

10.2     Windows Renew Termination. In its sole discretion, with or without notice to you, Windows Renew may terminate your participation in the Affiliate Program and terminate your Account. If Windows Renew determines, in its sole discretion, that you are abusing the system, the Windows Renew Service and/or the Windows Renew Affiliate Program, Windows Renew may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you.

10.3     Your Termination. You may terminate your Affiliate Account for any reason at any time by notifying Windows Renew by emailing rkristopher@windowsrenew.com.

10.4     Effect of Termination. You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Windows Renew may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Windows Renew Web Site, product images from the Windows Renew database, all Windows Renew trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Windows Renew to you pursuant hereto or in connection with the Affiliate Program.