The following are the terms and conditions for use of the EchoCurrent Software, Inc. ("EchoCurrent") Affiliate Product Optimizer service ("Service"). Please read them carefully before using the Service.

BY CHECKING THE "I ACCEPT" BUTTON ON THE REGISTRATION PAGE AND COMPLETING THE REGISTRATION PROCESS, YOU (the terms "you" or "yours" include the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE ("Agreement"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

I. ACCOUNT

To register for the Service and create an account, you must complete the registration process by providing EchoCurrent with complete and accurate information as prompted by the registration form, including username and password. You shall protect your password and take full responsibility for your own and third party activities that occur under your account. You agree to notify EchoCurrent immediately of any unauthorized use of your account or any other breach of security.

From time to time, EchoCurrent may find it necessary to access your account. For instance, EchoCurrent may access your account for support, maintenance or security-related reasons. In such event, EchoCurrent will, if possible, provide you notice of its intent [to use your username and password] to do so. Regardless of whether such notice is provided, you acknowledge and consent to such access.

Payment, Refunds, Upgrading and Downgrading Terms

1.       The “Pro” version of the Service is billed in advance on a monthly basis and is non-refundable.

2.       There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. No exceptions will be made.

3.       For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.

4.       Downgrading your Service may cause the loss of Content, features, or capacity of your Account. EchoCurrent does not accept any liability for such loss.

Account Cancellation

1.       The only accepted method for canceling your account is via your EchoCurrent website account settings. An email or phone request to cancel your account is not considered cancellation. You can cancel your account at any time when you are logged into your EchoCurrent account by going to your Dashboard, selecting to alter your account preferences and using the cancellation link.

2.       If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.

II. LICENSE

Subject to the terms and conditions of this Agreement, (i) EchoCurrent hereby grants you a revocable, non-exclusive, non-transferable license (the “EchoCurrent License”) to include the EchoCurrent-provided java script (together with any fixes, updates and upgrades provided to you, the "EchoCurrent Script") in the HTML code for web page(s) that are properly registered for Service with EchoCurrent and owned by you, solely for the purpose of accessing the Service and information available from the Service with respect to such web page(s); and (ii) you may remotely access the Service to view and download your reports stored on the EchoCurrent website located at www.echocurrent.com

Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the EchoCurrent Script, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the EchoCurrent Script or Service, including, but not limited to, by sharing your access username and/or password.

While, your use of the EchoCurrent Service and EchoCurrent Script is subject to the terms and conditions of the EchoCurrent License, the EchoCurrent Plug-ins for Joomla and WordPress are not.  Your use of the EchoCurrent Plug-ins for Joomla and WordPress is subject to the terms and conditions of the Gnu General Public License (GPLv3).  That license is available in full at http://www.gnu.org/licenses/gpl.html.

III. FEES

As a condition of your use of and access to the Service, you agree to pay all applicable fees as described on the EchoCurrent website.

We may change the fees for our Service at any time and from time to time effective immediately upon posting on our website, provided that, no fee change will be effective as to Service orders accepted by EchoCurrent prior to the effective date of such change.

Unless otherwise stated, all fees are stated in U.S. Dollars. All fees are payable [monthly/annually] in advance. We reserve the right to deactivate your access to the Service for failure to pay applicable fees as to any Session. If you provide us with a credit card that expires during the term of this Agreement, we reserve the right to charge any renewal card issued to you as a replacement.

IV. INFORMATION RIGHTS

You have the exclusive right to use all data derived by your use of the Service, including reports, for any purpose related to your business and you shall retain ownership of all confidential information and statistics relating to your website, such as raw data and log files generated by the Service (collectively, "Client Data").

Notwithstanding the foregoing, in connection with the provision of the Service, Echocurrent: (i) may collect certain non-personally identifiable information about users of your website and (ii) may aggregate data derived from your use of the Service to compile aggregate statistics, metrics and general trend data about the Service for marketing and promotional purposes. For the avoidance of doubt, any data collected, compiled, generated or used in the foregoing manner by EchoCurrent shall not constitute "Client Data."

V. PRIVACY

EchoCurrent is committed to protecting the privacy of you, as well as that of the visitors to your website ("Visitors"), and the information that EchoCurrent gathers. [The EchoCurrent Script may store a cookie on the Visitor's computer. This cookie may contain a session ID, a visitor ID and a few other dynamically created parameters that allow us to target accurately and interact with the visitor.] No personal information of the Visitor or details about your website's content or statistics are stored within the cookie. EchoCurrent’s complete Privacy Policy is available at http://localhost/echocurrent/privacy.html.

You will not use the Service to track or collect personally identifiable information of Visitors, nor will you associate any data gathered from your website with any personally identifying information from any source as part of your use of the Service. You will implement and abide by an appropriate privacy policy and will comply with all applicable laws relating to the collection of information from Visitors. You must post a privacy policy [and that policy must provide notice of your use of a cookie that collects anonymous traffic data.]

VI. CONFIDENTIALITY

Each Party shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party's prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party.

The term "Confidential Information" shall mean any information disclosed by one Party to the other Party in connection with this Agreement which is disclosed in writing or orally and is identified as "Confidential" or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by EchoCurrent that relates to the Service, the EchoCurrent Script or EchoCurrent technology (including your password) that is not publicly known. Notwithstanding the foregoing, "Confidential Information" shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.

VII. PROPRIETARY RIGHTS; RESTRICTIONS ON USE

Except for your rights under the EchoCurrent License, EchoCurrent expressly reserves all right, title and interest in and to the EchoCurrent Script, the content of the EchoCurrent website, and all processing, event correlation, and other software and technology used by EchoCurrent in the analysis of your web site visitors and/or the provision of the Service ("EchoCurrent Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the EchoCurrent Technology conceived, reduced to practice or otherwise developed on or on behalf of EchoCurrent, all of which are valuable assets of EchoCurrent, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

You shall not: (i) use, or allow the use of, the Service or any EchoCurrent Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by EchoCurrent or inconsistent with EchoCurrent’s standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse engineer, hack into, or compromise any aspect of the Service or EchoCurrent Technology, or attempt to access data of any other customer of EchoCurrent; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by EchoCurrent; or (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service.

VII. INDEMNIFICATION

You agree to indemnify, hold harmless and defend EchoCurrent, at your expense, against any and all third party claims, actions, proceedings, and suits brought against EchoCurrent or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys' fees) incurred by EchoCurrent or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service, or (iii) your unauthorized use of the EchoCurrent Script. In such a case, EchoCurrent will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. EchoCurrent reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

IX. REPRESENTATIONS AND WARRANTIES; DISCLAIMERS

You represent and warrant to EchoCurrent that you own all right, title and interest in and to the URLs of your website, and you own or have rights to publish all of the content published on or through your website and the user interface of your website.

The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. EchoCurrent and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes.

EchoCurrent does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful component, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that EchoCurrent shall not be responsible for unauthorized access to or alteration of your data.

THE SERVICE, THE ECHOCURRENT SCRIPT, PLUG-INS FOR JOOMLA AND WORDPRESS OR OTHER 3^RD PARTY SYSTEMS, AND REPORTS ARE [PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY ECHOCURRENT EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, THE ECHOCURRENT SCRIPT, PLUG-INS, THE DOCUMENTATION AND REPORTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. ECHOCURRENT DOES NOT WARRANT THAT THE SERVICE, THE ECHOCURRENT SCRIPT OR REPORTS WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, OR THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.

X. SERVICE LEVELS

EchoCurrent does not guarantee, and shall have no liability for, any Service down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, (iii) for previously scheduled maintenance, or (iv) relating to events beyond EchoCurrent’s control such as strikes, riots, insurrection, fires, floods, explosions, war, governmental action, labor conditions, earthquakes, natural disasters, or interruptions in Internet services to an area where EchoCurrent or your servers are located or co-located.

XI. LIMITATIONS OF LIABILITY

ECHOCURRENT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF ECHOCURRENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU.

ECHOCURRENT'S CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO ECHOCURRENT FOR USE OF THE SERVICE.

XII. U.S. GOVERNMENT RIGHTS

If the use of the Service is being acquired by or on behalf of the U.S. Government or by a U.S. Government prime contractor or subcontractor (at any tier), in accordance with 48 C.F.R. 227.7202-4 (for Department of Defense (DOD) acquisitions) and 48 C.F.R. 2.101 and 12.212 (for non-DOD acquisitions), the Government's rights in EchoCurrent Technology, including its rights to use, modify, reproduce, release, perform, display or disclose the EchoCurrent Technology, will be subject in all respects to the commercial license rights and restrictions provided in this Agreement.

XIII. TERM AND TERMINATION

Either party may terminate this agreement at any time and for any reason. In addition, this agreement will terminate immediately, without notice, if you fail to comply with the terms of this Agreement or if you remove the EchoCurrent Script from your web pages. Further, if you do not renew your account within thirty (30) days after expiration of your last-to-expire Session, this agreement will automatically terminate.

Upon any termination of this agreement, (i) EchoCurrent will cease providing the Service; (ii) you will delete all copies of the EchoCurrent Script from your web page(s) and certify thereto in writing to EchoCurrent within five (5) business days of such termination; (iii) any outstanding balance payable by you to EchoCurrent will become immediately due and payable; (iv) you will not be entitled to any refunds of any usage fees or any other fees; and (v) all of your historical report data will no longer be available to you.

In addition, upon expiration of any Session with respect to a web page, you shall delete all copies of the EchoCurrent Script from such web page. You understand and acknowledge that, unless and until the EchoCurrent Script is deleted from a web page, such script may continue to track information on such web page on an automated basis.

XIV. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES

EchoCurrent reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the EchoCurrent website located at http://www.echocurrent.com/ (or such other URL as EchoCurrent may provide). You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of EchoCurrent, (ii) you accept updated terms online, or (iii) you continue to use the Service after EchoCurrent has posted updates to the Agreement or to any policy governing the Service.

XV. COMPLIANCE

You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

XVI. MISCELLANEOUS; APPLICABLE LAW AND VENUE

EchoCurrent shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the state of New Hampshire without reference to its conflict of law principles. In the event of any conflicts between foreign law, rules, and regulations, and New Hampshire law, rules, and regulations, New Hampshire law, rules and regulations shall prevail and govern. in the event of any action for enforcement of or breach of this Agreement, the Federal and State courts of the State of New Hampshire shall have exclusive jurisdiction over the enforcement of this Agreement, and the parties specifically consent to, and agree that they are subject to, the jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Software is controlled by U.S. Export Regulations, and it may be not be exported to or used by embargoed countries or individuals. Any notices to EchoCurrent must be sent to: EchoCurrent Software Inc., 348 Joe English Rd, New Boston, NH, USA, via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. EchoCurrent may assign this Agreement, in whole or in part, without notice to or consent from you. You may not assign or otherwise transfer any of your rights hereunder without EchoCurrent’s prior written consent, and any attempt to do so without EchoCurrent’s prior written consent is void. The relationship between EchoCurrent and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and for the benefit of the parties hereto and their respective successors and permitted assigns.

XVII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.