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Affiliate Terms

This Affiliate Program Agreement (“Agreement”) is made and entered into between SupportSoft, Inc., a Delaware corporation doing business as support.com and having its principal place of business at 1900 Seaport Boulevard, Redwood City, CA, 94063 (“support.com”) and you, an affiliate of support.com Affiliate Program ("You", "Your", "Affiliate").


By submitting an application and participating in the support.com Affiliate Program, You are agreeing to the terms and conditions in this Agreement. This Agreement becomes effective upon support.com’s approval of your application as indicated by email notification to you from Commission Junction, a third-party marketing program service provider. This Agreement constitutes the entire terms and conditions between support.com and You applying to your participation in the support.com Affiliate Program.

  • 1. Definitions.
    • (a) “support.com Affiliate Program” shall mean the business relationships governed by this agreement in which support.com pays Affiliates for Referred Customers.
    • (b) “Customer” shall mean those third-party individuals and entities not affiliated with You who purchase Services from support.com.
    • (c) “Link” shall mean an online banner, textual links and other online advertisements and media that refer Customers to the Services from your website or other promotional vehicles.
    • (d) “Services” shall mean the then-current services offered at support.com’s website at www.support.com, as modified by support.com from time to time.
    • (e) “Referred Customer” shall mean a Customer You refer to support.com as a result of clicking through a Link provided by You. A Referred Customer from Your website must initiate a Service purchase during the visit to the support.com website that was a direct referral from you, although the completion of that purchase may occur at a later date.
    • (f) “Advertising” shall mean any graphical, audio or textual elements you display promoting the Services through which a Customer may be referred to support.com.
    • (g) “Email Advertising” shall mean any Advertising contained within an email message.
    • (h) “support.com Site” shall mean the website currently located at http://www.support.com and any other site made available to you by support.com for use in Advertising.
    • (i) “Commission Junction” shall mean the third-party marketing program provider whose services can currently be found at http://www.cj.com.
  • 2. Terms and Termination.
    • (a) You agree that this Agreement becomes effective once You have submitted your application to the support.com Affiliate Program and agreed to the terms and conditions governing Your relationship with Commission Junction. This Agreement will continue in effect until it is terminated in accordance with this Section.
    • (b) You may terminate this agreement for any reason at any time by notifying support.com in writing directly or through Commission Junction.
    • (c) support.com may terminate this agreement for any reason at any time without liability with 7 days notice by notifying You directly or through Commission Junction.
    • (d) support.com may terminate this agreement immediately if you materially breach this Agreement or support.com believes, in its sole discretion, that Your Advertising violates any law or is unacceptable or misleading in any way. Upon receipt of such notice of termination, You agree to immediately remove all support.com Advertising and related promotional materials from Your website.
    • (e) support.com will notify You if it is determined that Your Advertising is unlawful, unacceptable or misleading in any way. If You refuse or are unable to modify Advertising according to support.com’s request, support.com may terminate this agreement immediately and You agree to immediately remove all support.com Advertising and related promotional materials from Your website.
    • (f) Upon notification to You by support.com of termination without breach, You will have 7 days to remove all support.com Advertising from Your website or other promotional materials. You will continue to be credited for Referred Customers within those 7 days. After those 7 days, Your Agreement is terminated. A new Agreement with You may be entered into at a later time should You and support.com mutually agree.
  • 3. Non-Exclusivity You acknowledge and agree that Your right to refer Customers to support.com is non-exclusive, and that support.com reserves the right to offer any of its Services to any customers in the world, and to appoint any third party to do so, without giving You notice thereof and without incurring any liability to You.
  • 4. Referral Terms and Payments.
    • (a) Services. support.com agrees to offer Services to Customers upon the terms and conditions as determined by support.com in its sole discretion. support.com may, in its sole discretion, (i) discontinue any of the Services and (ii) make such changes affecting their substance or pricing without incurring any liability to You.
    • (b) Payment. For each Referred Customer You deliver to support.com, You shall receive a referral fee from support.com in the amounts set forth on the Commission Junction web site. Referred Customers and referral fees will be tracked, reported, calculated and remitted to You by Commission Junction in accordance with Your agreement with Commission Junction.
  • 5. support.com's Responsibilities. support.com shall provide You with the following:
    • (a) Text and image Advertising with associated Links via the Commission Junction website
    • (b) Background information on the support.com website and Services via the Commission Junction website
    • (c) Contact information for support.com employees responsible for the management of the support.com Affiliate Program.
    • (d) Active tracking of Referred Customers as reported through the Commission Junction website.
  • 6. Your Responsibilities As outlined in Section 2 above, support.com may terminate this Agreement immediately if support.com determines, in its sole discretion, that Your website or other promotional Advertising on behalf of support.com is unsuitable for any reason. Examples of unsuitable websites include but are not limited to:
    • (a) Sites that are under construction and are not “live”.
    • (b) Sites that promote, contain or link to sexually explicit materials, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, age or other criteria.
    • (c) Sites that promote violence.
    • (d) Sites that promote illegal activities.
    • (e) Sites that violate intellectual property rights or violate any local, state, federal or other law or regulation.
    • (f) Sites that contain any libelous, defamatory or disparaging materials.
    • (g) Sites that send unsolicited emails.
    • (h) Sites that have the potential to mislead customers through content or by redirecting them.
    • (i) Sites that have excessive use of pop-ups or pop-unders.
    • (j) Sites or Advertising that offers or relies on downloaded software of any kind.
  • 7. Use of Marks. support.com may provide You with certain logos, service marks, trademarks, trade names, and/or graphics for Your use in connection with Your performance hereunder (collectively the “Marks”). You must use Marks exactly as provided by support.com to promote support.com as outlined in this Agreement. If You would like to use Marks not created by support.com, or modify the Marks generated by support.com in any way including but not limited to resizing, editing or reformatting Marks, You must obtain support.com’s prior written consent. You must adhere to support.com’s standards for displaying the Marks. New standards for the display of the Marks may be implemented by support.com from time to time. It is Your responsibility to ensure that all requested changes are adhered to in Your Advertising. Subject to the terms and conditions of this Agreement, support.com grants You a non-exclusive, non-transferable, non-sublicensable, revocable license to reproduce display the Marks and such other images for which support.com grants express written permission, solely for the purposes of identifying You as a participant in the Program and solely pursuant to this Agreement. You acknowledge and agree that all goodwill generated by Your use of the Marks inures exclusively to support.com. You agree not to utilize or apply for registration of any trademark or tradename which may be confusingly similar to the Marks. You further agree that no use of support.com’s Marks as keyword search terms or within the URL of pages You maintain is authorized without prior written consent. support.com reserves all of rights, title and interest in and to the Marks, the message, any other images.
  • 8. Changes to this Agreement. support.com reserves the right to make changes to the support.com Affiliate Program at any time. Such changes will be communicated through the Commission Junction website.
  • 9. Status and Independent Contractor. The relationship between support.com and You is that of an independent contractor and nothing herein contained shall be deemed to establish or otherwise to create a relationship of principal and agent, partners, fiduciaries, or joint ventures between support.com and You. You represent that You are an independent contractor who will not be deemed an agent of support.com for any purpose whatsoever and neither You nor any of Your agents or employees will have any right or authority to assume or create any obligation of any kind, whether express or implied, on behalf of support.com.
  • 10. Respresentations and Warranties. Both parties represent and warrant that: (i) they have all requisite corporate power and authority to execute, deliver and perform its obligations hereunder, (ii) they shall comply with all laws and regulations applicable to the performance of its obligations hereunder, (iii) they shall treat Customer personally-identifiable information in accordance with a privacy policy that conforms with the AICPA’s Generally Accepted Privacy Principals and further within the privacy policy posted at http://www.support.com, (iv) You will not pass any tracking variable through Commission Junction and to the support.com website which itself is Customer personally identifiable information, (v) they are not a party to any agreement with a third party, the performance of which is reasonably likely to affect adversely its ability to perform its obligations hereunder. SUPPORT.COM MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING OR TRADE USAGE. IN ADDITION, SUPPORT.COM MAKES NO REPRESENTATION THAT THE OPERATION OF THE SUPPORT.COM WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND SUPPORT.COM WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
  • 11. Indemnification. Each party shall indemnify, defend and hold the other party and its directors, officers, employees, shareholders, agents, sub-contractors, representatives and affiliated companies (each a “Protected Party”) harmless from and against any and all claims, actions, suits, damages, injuries, losses, deficiencies, liabilities, obligations, commitments, causes of action, costs or expenses of any kind or nature (including reasonable legal and other expenses incurred in investigating and defending against the same, and interest) incurred by such Protected Party resulting directly (and not indirectly, incidentally, specially or consequentially) from (i) the other party’s breach of the representations, warranties, and obligations hereunder, and (ii) the other party’s negligence or willful misconduct. Furthermore, each party shall notify the other party of any legal claim, demand, right or cause of action asserted, instituted or threatened against the other party that arises from or in connection with this Agreement. The terms of this Section shall survive the termination of this Agreement.
  • 12. Limitation of Liability. IN NO EVENT SHALL SUPPORT.COM OR ITS SUPPLIERS BE LIABLE UNDER THIS AGREEMENT FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SERVICES OR SUPPORT.COM’S PERFORMANCE HEREUNDER, EVEN IF SUPPORT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IN ANY EVENT, SUPPORT.COM'S ENTIRE LIABILITY UNDER THIS AGREEMENT AND SUPPORT.COM USE OF THE MARKS SHALL BE LIMITED TO THE REFERRAL FEES PAID DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE.
  • 13. Authority to make representations.You are authorized to represent to Customers only such facts about the Services as support.com itself states on its website or as it makes available to You via Commission Junction. Nothing in this Agreement shall be construed to give You authorization and You shall not be authorized to make any warranty for the Services.
  • 14. Incentives. Support.com reserves the right in its sole discretion to approve each instance of any incentive that You might offer customers for purchasing Services from support.com. You will not be authorized to use incentives in Advertising promoting support.com Services until You get prior written consent from support.com, which may be withheld in its sole discretion.
  • 15. Surviving Obligations and Limitations. Neither the termination nor expiration of this Agreement nor the termination of any of the agreements referred to in this Section shall release either party from the obligation to pay any monies that may be owing to the other party or operate to discharge any liability that had been incurred by either party prior to any such termination or expiration. The following provisions shall survive expiration or termination of this Agreement: Section 1(a) (Definitions), 2 (Term and Termination), 4 (Referral Terms and Payments), 10 (Representations and Warranties), 11 (Indemnification), 12 (Limitation of Liability), 15 (Surviving Obligations and Limitations), and 17 (General).
  • 16. Notices. Any notices given under this Agreement shall either be in writing, via email between You and a representative of support.com authorized to manage the support.com Affiliate Program, or via communication between You and support.com using any communication tool available through Commission Junction.
  • 17. General.
    • (a) Publicity. You shall not create, publish, distribute or permit any written material or make a public statement that makes reference to support.com without first submitting such material or disclosure to support.com and receiving support.com’s written consent which may be withheld in its sole discretion.
    • (b) Controlling Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to any conflicts of law principles. This Agreement will be deemed to have been made and entered into in Redwood City, California. Unless waived in its sole discretion by SupportSoft, the sole jurisdiction and venue for actions related to the subject matter hereof shall be the California state and federal courts having within their jurisdiction San Mateo County, California and both parties consent to the jurisdiction of such courts.
    • (c) Miscellaneous. (i) Neither the rights nor the obligations arising under this Agreement are assignable or transferable by You, and any such attempted assignment or transfer shall be void and without effect; (ii) each party shall be excused from any delay or failure in performance hereunder, except the payment of monies by either party, caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, floods, lightning, labor disputes and strikes, other labor or industrial disturbances, riots, war, acts of terrorists, insurrections, embargoes, blockages, regulations or orders of any government, agency or subdivision thereof, shortages of materials, rationing, utility or communication failures, casualty, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay; provided that such party shall give notice of such force majeure event to the other party as soon as reasonably possible; (iii) the descriptive headings of this Agreement are intended for reference only and shall not affect the construction or interpretation of this Agreement; (iv) in construing the terms of this Agreement, no presumption shall operate in either party’s favor as a result of its counsel’s role in drafting the terms hereof; (v) this Agreement constitutes the complete, final and exclusive statement of the terms of the Agreement between the parties pertaining to the subject matter hereof and supercedes all prior agreements, understandings, negotiations and discussions of the parties including, but not limited to, any previous executed non-disclosure agreements; (vi) any modifications or waivers of this Agreement must be in writing and signed by both parties hereto and the failure of either party to insist upon the performance of any of the terms, covenants, or conditions of this Agreement or to exercise any right hereunder, shall not be construed as a waiver or relinquishment of the future performance of any rights, and the obligations of the party with respect to such future performance shall continue in full force and effect; and (vii) if a provision of this Agreement shall be held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be amended to achieve as nearly as possible the same effect as the original provision, but if such amendment is not possible, then such provision shall be severed, and in either case, the remaining provisions or parts thereof shall remain in full force and effect.

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For more information, email us at affiliates@support.com