Publisher Sign-up and Sales Agreement

The purpose of this form is to register you as a publisher so that we may resell your products via The Virtual Software Store. Please complete the form below, read the terms of the Sales Agreement and submit the form. This will create a Sales Agreement which you may print, sign and send to our offices. You only need to complete this form once for as many products as you wish to submit.

Section 1 - Private Company Info
The information in this section is kept private and is not published or provided to the public.

Company Name

Contact Name

Contact Email Address

Street Address 1

Street Address 2

City

State/Prov/District

Postal Code

Country

Make Checks Payable To

Minimum Check Amount in US Dollars (min $20.00)

Mailing Address if Different than Address Above

Phone Number

Fax Number

Section 2 - Published Company Info
The information in this section is published on our web site.

Company Web Page

Info Email Address

Support Email Address

Support Web Address

Agreement
This Sales Agreement (this "Agreement") is made effective upon receipt of this signed agreement between you the Software Publisher and WinCorp Software, Inc, of 9650 Strickland Rd, Suite 103-142, Raleigh, NC 27615. In the Agreement, the party who is granting the right to sell the licensed property will be referred to as "the Publisher", and the party who is receiving the right to sell the licensed property will be referred to as "WinCorp". The parties agree as follows: 1. GRANT OF LICENSE. In accordance with this Agreement, the Publisher grants WinCorp a non-exclusive license to electronically duplicate and sell the submitted software archive ("Software"). The Publisher retains title and ownership of the Software. 2. OWNERSHIP. The Publisher warrants that it owns and possesses all rights and interests in the Software necessary to enter into this Agreement, and shall indemnify, defend and hold WinCorp, its agents and employees, harmless from any loss, damage or liability for infringement of any U.S. patent right or copyright or other property right with respect to the use of the Software delivered hereunder; provided, that WinCorp permits the Publisher to defend, compromise, or settle said claim or infringement and gives the Publisher all available information, assistance and authority to enable the Publisher to do so. 3. SETUP FEES. WinCorp will debit an initial setup fee of $29.95 from the Publisher's account when the first software program is submitted. The proceeds from the sale(s) of the first product(s) will be applied against the setup fee. Additional software programs submitted by the same publisher will not be charged any setup costs. 4. ACCEPTANCE. By submission of Software to WinCorp via this web site, the Publisher agrees to the terms and conditions set forth herein, including all subsequent software programs submitted at a later date. 5. PAYMENT FOR THE SOFTWARE. WinCorp will sell and electronically distribute the said Software through it's online storefront "The Virtual Software Store" at http://www.virtualsoftware.com/. At the end of each month, that month's sales will be tallied and payment shall be made to the publisher at the agreed rate for each copy sold. Payment shall be mailed to the publisher within 15 days of the end of the month in which the sales occurred. With each payment, WinCorp will submit to The Publisher a printed or electronic report of the sales for that month. 6. RECORDS. WinCorp shall keep accurate records regarding the quantities of the Software that are sold. A written or electronic report of the quantity of sales shall be provided with the monthly statement. Individually identifiable information from each sale is provided to the publisher for customer registration purposes only. The publisher is NOT to redistribute this information to any third party for any purposes whatsoever. If contacting the customer directly, the publisher must allow for customers to opt-out of any future contacts from the publisher if the customer so desires. 7. MODIFICATIONS. Unless the prior written consent of The Publisher is obtained, WinCorp may not modify or change the Software in any manner. 8. REFUNDS. Refunds will only be issued to the same credit card used for the purchase within the first 30 days of the purchase. When a purchaser requests a refund, WinCorp will first contact the Publisher by email with the refund request information to allow the Publisher the opportunity to resolve the issues directly with the purchaser. WinCorp will issue a refund only when a) instructed to do so by the Publisher within the first 30 days of the purchase or b) the purchaser indicates that he has not been contacted by the Publisher and more than a full business day has gone by since sending the Publisher the refund request information or c) the customer is not satisfied with the publisher's response AND submits a signed "Letter of Software Intellectual Property Destruction" received at WinCorp's offices within 30 days of the purchase date. An amount equal to the original amount paid to the publisher for this sale will be debited from the Publisher's account to cover the refund cost. 9. SUPPORT. WinCorp's responsibility for customer support ends with the successful delivery of the electronic software package to the customer. WinCorp will not be responsible for providing technical support to purchasers of the Software and shall refer all such inquiries to the Publisher. 10. DEFAULTS. If WinCorp fails to abide by the obligations of this Agreement, The Publisher shall have the option to cancel this Agreement by providing 30 day(s) written notice to WinCorp. 11. ARBITRATION. All disputes under this Agreement that cannot be resolved by the parties shall be submitted to arbitration under the rules and regulations of the American Arbitration Association. Either party may invoke this paragraph after providing 30 days written notice to the other party. All costs of arbitration shall be divided equally between the parties. Any award may be enforced by a court of law. 12. WARRANTIES. WinCorp does not make any warranties with respect to the use, sale or other transfer of the Software. WinCorp shall take reasonable measures to ensure that theft of the Software from WinCorp's server does not occur. 13. TRANSFER OF RIGHTS. This Agreement shall be binding on any successors of the parties. Neither party shall have the right to assign its interests in this Agreement to any other party, unless the prior written consent of the other party is obtained. 14. TERMINATION. This Agreement may be terminated by either party by providing 30 days written notice to the other party. 15. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any prior written or oral agreements between the parties. WinCorp reserves the right to refuse to include the Software in the Virtual Software Store for any reason WinCorp deems the software to be unsuitable. 16. AMENDMENT. This Agreement may be modified or amended, if the amendment is made in writing and is signed by both parties. 17. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited. 18. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 19. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Florida. 20. LIMITATION OF LIABILITY. WinCorp shall not be liable for any direct, indirect, special, incidental or consequential damages, whether based on contract, tort or any other legal theory, arising out of any use of the Software or any performance of this Agreement. Notwithstanding any other provision of this Agreement, Wincorp's liabilities under this Agreement, whether under contract law, tort law, warranty or otherwise, shall be limited to direct damages not to exceed the amounts actually received by WinCorp from the Publisher pursuant to this Agreement. No action, regardless of form, arising out of any transaction under this Agreement may be brought by either party more than one year after the injured party has actual knowledge of the occurrence which gives rise to the cause of such action.