Commission Tracking Software - Terms & Conditions

CommissionMonitor™ Insurance Agent Commission and Lead Tracking Software Terms & Conditions:

PLEASE READ THIS CAREFULLY BEFORE USING COMMISSIONMONITOR™ OR THIS WEBSITE

A. IMPORTANT PROVISIONS

YOUR ATTENTION IS DRAWN PARTICULARLY TO THE PROVISIONS OF CLAUSE 10.2 OF THE FOLLOWING LICENSE AGREEMENT.

B. PROPERTY OF GLAESER ENTERPRISES, LLC

YOU MAY OBTAIN A COPY OF THIS SOFTWARE PRODUCT EITHER BY AN INSTALLATION ON YOUR SERVER BY AN AGENT OF GLAESER ENTERPRISES, LLC ('GLAESER ENTERPRISES, LLC'), DOWNLOADING IT REMOTELY FROM OUR SERVER, OR BY COPYING IT FROM AN AUTHORIZED DISKETTE, CD-ROM OR OTHER MEDIA ('HARD MEDIA'). THE COPYRIGHT, DATABASE RIGHTS AND ANY OTHER INTELLECTUAL PROPERTY RIGHTS IN THE PROGRAMS AND DATA WHICH CONSTITUTE THIS COMMISSIONMONITOR™ SOFTWARE PRODUCT (THE 'COMMISSIONMONITOR™'), TOGETHER WITH THE HARD MEDIA ON WHICH THEY WERE SUPPLIED TO YOU, ARE AND REMAIN THE PROPERTY OF GLAESER ENTERPRISES, LLC. YOU ARE LICENSED TO USE THEM ONLY IF YOU ACCEPT ALL THE TERMS AND CONDITIONS SET OUT BELOW.

C. LICENSE ACCEPTANCE PROCEDURE

BY USING COMMISSIONMONITOR™ AND / OR VIEWING THIS WEBSITE, YOU INDICATE ACCEPTANCE OF THIS LICENSE AGREEMENT AND THE LIMITED WARRANTY AND LIMITATION OF LIABILITY SET OUT IN THIS LICENSE AGREEMENT. SUCH ACCEPTANCE IS EITHER ON YOUR OWN BEHALF OR ON BEHALF OF ANY CORPORATE ENTITY WHICH EMPLOYS YOU OR WHICH YOU REPRESENT ('CORPORATE LICENSEE'). IN THIS LICENSE AGREEMENT, 'YOU' INCLUDES BOTH THE READER AND ANY CORPORATE LICENSEE.

D. LICENSE REJECTION PROCEDURE

YOU SHOULD THEREFORE READ THIS LICENSE AGREEMENT CAREFULLY BEFORE USING COMMISSIONMONITOR™ AND / OR VIEWING THIS WEBSITE. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE COMMISSIONMONITOR™ AND / OR VIEW THIS WEBSITE, DELETE THE COMMISSIONMONITOR™ FROM YOUR COMPUTER AND PROMPTLY (AND IN ANY EVENT, WITHIN 14 DAYS OF RECEIPT) RETURN TO GLAESER ENTERPRISES, LLC OR A LICENSED RESELLER (A) THE HARD MEDIA; (B) ANY OTHER ITEMS PROVIDED THAT ARE PART OF THIS PRODUCT; AND (C) YOUR DATED PROOF OF PURCHASE. ANY MONEY YOU PAID TO GLAESER ENTERPRISES, LLC OR A GLAESER ENTERPRISES, LLC RESELLER FOR THE COMMISSIONMONITOR™ WILL BE REFUNDED LESS ANY CREDIT CARD TRANSACTION FEE INCURRED BY GLAESER ENTERPRISES, LLC.

E. OTHER AGREEMENTS

IF YOUR USE OF THESE PROGRAMS AND DATA IS PURSUANT TO AN EXECUTED LICENSE AGREEMENT, SUCH AGREEMENT SHALL APPLY INSTEAD OF THE FOLLOWING TERMS AND CONDITIONS.


LICENSE AGREEMENT AND LIMITED WARRANTY

1. Ownership of materials and copies

The CommissionMonitor™ and related documentation are copyrighted works of authorship, and are also protected under applicable database laws. Glaeser Enterprises, LLC retains ownership of the CommissionMonitor™ and all subsequent copies of the CommissionMonitor™, regardless of the form in which the copies may exist. This license is not a sale of the original CommissionMonitor™ or any copies.

2. License

2.1. Evaluation License

If you have received an evaluation version of the CommissionMonitor™, Glaeser Enterprises, LLC hereby grants to you, strictly for your own internal business purposes (and subject to the other terms and conditions of this License Agreement), a limited, non-exclusive license for a single user to:

2.1.1. install the CommissionMonitor™ for use on a single computer owned, leased and/or controlled by you for an evaluation period of 7 days;

2.1.2. make a single copy of the CommissionMonitor™ for back-up, archival or other security purposes.

2.2. Full License

Provided that you have paid the applicable license fee (and subject to the other terms and conditions of this License Agreement), Glaeser Enterprises, LLC hereby grants to you, strictly for your own internal business purposes, a limited, non-exclusive license for a single user to:

2.2.1. install the CommissionMonitor™ for use on a single computer owned, leased and/or controlled by you;

2.2.2. make a single copy of the CommissionMonitor™ for back-up, archival or other security purposes.

3. Limited Support

Glaeser Enterprises, LLC shall make available to you (at such times and to such extent as Glaeser Enterprises, LLC may, in its sole discretion, deem reasonable) limited email support services for a period of 3 months from the date of your purchase of the CommissionMonitor™. Without prejudice to the foregoing provisions of this clause 3 , such support services are, in any event, limited to your making a maximum of 20 requests for assistance during the support period.

4. License restrictions

You may not use, copy, modify or transfer the CommissionMonitor™ (including any related documentation) or any copy, in whole or in part, including any print-out of all or part of any database, except as expressly provided for in this license. If you transfer possession of any copy of the CommissionMonitor™ to another party or use the CommissionMonitor™ on a different computer from that on which the CommissionMonitor™ were originally installed except as provided herein or without obtaining Glaeser Enterprises, LLC's prior written consent, your license is automatically terminated. You may not translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the CommissionMonitor™, except as expressly permitted by the laws of the State of Michigan or the United States of America. You may not vary, delete or obscure any notices of proprietary rights or any product identification or restrictions on or in the CommissionMonitor™.

5. No transfer

The CommissionMonitor™ is licensed only to you. You may not rent, lease, sub-license, sell, assign, pledge, transfer or otherwise dispose of the CommissionMonitor™, on a temporary or permanent basis, nor use the same for remote hosting, ASP services, to act as a bureau or for time-sharing use without the prior written consent of Glaeser Enterprises, LLC.

6. Undertakings

You undertake to:

6.1. ensure that, prior to use of the CommissionMonitor™ by your employees or agents, all such parties are notified of this license and the terms of this License Agreement;

6.2. reproduce and include our copyright notice (or such other party's copyright notice as specified on the CommissionMonitor™) on all and any copies of the CommissionMonitor™, including any partial copies of the CommissionMonitor™;

6.3. hold all drawings, specifications, data (including object and source codes), software listings and all other information relating to the CommissionMonitor™ confidential and not at any time, during this license or after its expiry, disclose the same, whether directly or indirectly, to any third party without Glaeser Enterprises, LLC's written consent.

7. Limited warranty

7.1. Subject to the limitations and exclusions of liability below, Glaeser Enterprises, LLC warrants that (a) the Hard Media on which the CommissionMonitor™ are furnished will be free from material defects under normal use; and that (b) the copy of the program will materially conform to the documentation which accompanies the program. The Warranty Period is 60 days from the date of delivery to you.

7.2. Glaeser Enterprises, LLC will also indemnify you for personal injury or death solely and directly caused by any defect in its products or the negligence of its employees.

7.3. Glaeser Enterprises, LLC shall not be liable under the said warranty above if the CommissionMonitor™ fails to operate in accordance with the said warranty as a result of any modification, variation or addition to the CommissionMonitor™ not performed by Glaeser Enterprises, LLC or caused by any abuse, corruption or incorrect use or installation of the CommissionMonitor™, including use of the CommissionMonitor™ with equipment or other software which is incompatible.

8. No other warranties

8.1. The foregoing warranty is made in lieu of any other warranties, representations or guarantees of any kind, either expressed or implied, including, but not limited to, any implied warranties of quality, merchantability, fitness for a particular purpose or ability to achieve a particular result. You assume the entire risk as to the quality and performance of the CommissionMonitor™. Should the CommissionMonitor™ prove defective, you (and not Glaeser Enterprises, LLC nor any licensed reseller) assume the entire cost of all necessary servicing, repair or correction.

8.2. Glaeser Enterprises, LLC does not warrant that the CommissionMonitor™ will meet your requirements or that its operation will be uninterrupted or error free.

9. Limitation of liability

Glaeser Enterprises, LLC's entire liability and your exclusive remedy shall be:

9.1. the replacement of any Hard Media not meeting Glaeser Enterprises, LLC's 'Limited Warranty' and which is returned to Glaeser Enterprises, LLC together with dated proof of purchase; or

9.2. if, during the Warranty Period, Glaeser Enterprises, LLC is unable to deliver replacement Hard Media which is free of material defects, you may terminate this License Agreement by returning the CommissionMonitor™ to Glaeser Enterprises, LLC and any money you paid to Glaeser Enterprises, LLC for the CommissionMonitor™ will be refunded less any PayPal or credit card transaction fees incurred by Glaeser Enterprises, LLC.

10. Exclusion of liability

10.1. Except in respect of personal injury or death caused directly by the negligence of Glaeser Enterprises, LLC, in no event will Glaeser Enterprises, LLC be liable to you or any third party for any damages, including any lost profits, lost savings, loss of data or any indirect, special, incidental or consequential damages arising out of the use of or inability to use such CommissionMonitor™, even if Glaeser Enterprises, LLC has been advised of the possibility of such damages. Nothing in this License Agreement limits liability for fraudulent misrepresentation.

10.2. Without prejudice to any other provisions of this License Agreement you hereby expressly acknowledge that the security methods used in this software is not infallible and that third parties may develop and employ methods to circumvent the CommissionMonitor™ login feature or other security measures, and you agree that Glaeser Enterprises, LLC shall have no liability to you or any third party in such circumstances.

11. Your statutory rights

This license gives you specific legal rights and you may also have other rights that vary from country to country. Some jurisdictions do not allow the exclusion of implied warranties, or certain kinds of limitations or exclusions of liability, so the above limitations and exclusions may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the above limitations and exclusions shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. If any part of the above limitations or exclusions is held to be void or unenforceable, such part shall be deemed to be deleted from this License Agreement and the remainder of the limitation or exclusion shall continue in full force and effect. Any rights that you may have as a consumer (i.e. a purchaser for private as opposed to business, academic or government use) are not affected.

12. Term

The license is effective until terminated. You may terminate it at any time by destroying the CommissionMonitor™ together with all copies in any form. It will also terminate upon conditions set out elsewhere in this License Agreement or if you fail to comply with any term or condition of this License Agreement or if you voluntarily return the CommissionMonitor™ to us. You agree upon such termination to destroy the CommissionMonitor™ together with all copies in any form.

13. Export

You will comply with all applicable laws, rules, and regulations governing export of goods and information, including the laws of the countries in which the CommissionMonitor™ were created. In particular, you will not export or re-export, directly or indirectly, separately or as a part of a system, the CommissionMonitor™ or other information relating thereto to any country for which an export license or other approval is required, without first obtaining such license or other approval.

14. General

14.1. You agree that Glaeser Enterprises, LLC shall have the right, after supplying undertakings as to confidentiality, to audit any computer system on which the CommissionMonitor™ is installed in order to verify compliance with this license Agreement. If Glaeser Enterprises, LLC requires the access codes for said system, you must supply them, or that would be considered a breach of this License Agreement.

You hereby authorize Glaeser Enterprises, LLC to access your hosting account, and authorize and provide Glaeser Enterprises, LLC with "full access" for your webpage directory, cgi-bin directory, MySQL database(s), hosting account, and any other directories, accounts, or programs that need to be accessed for the installation of the CommissionMonitor™. By giving Glaeser Enterprises, LLC "full access" to your webhost account, you indemnify and will hold harmless Glaeser Enterprises, LLC for anything that happens to or ceases to work on your website as a result of any access to your account by Glaeser Enterprises, LLC.

14.2. This License Agreement constitutes the complete and exclusive statement of the Agreement between Glaeser Enterprises, LLC and you with respect to the subject matter of this License Agreement and supersedes all proposals, representations, understandings and prior agreements, whether oral or written, and all other communications between us relating to that subject matter.

14.3. Any clause in this License Agreement that is found to be invalid or unenforceable shall be deemed deleted and the remainder of this License Agreement shall not be affected by that deletion.

14.4. Failure or neglect by either party to exercise any of its rights or remedies under this License Agreement will not be construed as a waiver of that party's rights nor in any way affect the validity of the whole or part of this License Agreement nor prejudice that party's right to take subsequent action.

14.5. This License Agreement is personal to you and you may not assign, transfer, sub-contract or otherwise part with this License Agreement or any right or obligation under it without Glaeser Enterprises, LLC's prior written consent.

14.6. This License Agreement and any claim or matter arising under or in connection with this License Agreement and the legal relationships established by this License Agreement shall be governed by and construed in all respects in accordance with the laws of the State of Michigan and the United States of America, and the parties agree to submit to the non-exclusive jurisdiction of the Michigan State Courts, in particular those in Macomb County, Michigan. Furthermore, You waive any right to or claim of sovereign immunity.

14.7. You grant Glaeser Enterprises, LLC the right to use Your name, Your company's / agency's / organization's name and / or logo in our publications, including but not limited to, any Site owned by Glaeser Enterprises, LLC, advertising, or client lists.

Please view our Privacy Policy for a detailed look at our commitment to your privacy rights.

Should you have any questions concerning this License Agreement you may contact Glaeser Enterprises, LLC at P.O. Box 1715, Warren, MI 48090-1715. Email: contact@trackyourcommissions.com.