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Rules and Regulations
Operating Agreement This Agreement
contains the complete terms and conditions that apply to an individual's
or entity's participation in the Real Web Host Affiliates Program
(the "Program"). As used in this Agreement, "we"
means Real Web Host., and "you" means the applicant. "Site"
means a World Wide Web site and, depending on the context, refers
either to realwebhost.net's site or to the site that you will link
to our site.
1.Enrollment in the Program
To begin the enrollment process, you will submit a complete Program
application via our site. You will then be given further instructions,
including your "affiliate number" and linking information.
We will evaluate your website in good faith and will notify you
if there any exceptions to your participation in the program. We
may reject your application if we determine (in our sole discretion)
that your site is unsuitable for the Program. Unsuitable sites include
those that:
promote sexually explicit materials
promote violence
promote discrimination based on race, sex, religion, nationality,
disability, sexual
orientation, or age
promote illegal activities
violate intellectual property rights
If we reject your application, you are welcome to reapply to the
Program at any time.
2.Links on Your Site
You may provide a general link on your site on as many pages as
you prefer to our home page in a format to be approved by Real Web
Host. We will provide you with guidelines and graphical artwork
to use in linking to our home page.
3.Order Processing
We will process webhosting orders placed by customers who follow
special links from your site to the realwebhost.net site. We reserve
the right to reject orders that do not comply with any requirements
that we periodically may establish. We will be responsible for all
aspects of order processing and fulfillment. Among other things,
we will prepare order forms; process payments, and cancellations;
and handle customer service. We will track sales made to customers
who purchase our Basic or Premier hosting services using special
links from your site to our site and it will be available for your
viewing online. To permit accurate tracking, reporting, and fee
accrual, you must ensure that the special links between your site
and our site are properly formatted.
4.Referral Fees
We will pay you a $20 referral fee on sales made to customers who
purchase our Basic or Premier hosting service at full list price
including setup fee. For a hosting sale to generate a referral fee,
the customer must follow a special link (in the format specified
by Real Web Host) from your site to the realwebhost.net site; purchase
the service using our automated ordering system; and remit full
payment to us. We will not, however, pay referral fees on any services
purchased by the customer after 30 days from the original click-through
from your site, unless they have clicked through again after 30
days from the original visit. We will not pay referral fees on any
services purchased by the customer after they have become a client
of Real Web Host. In addition, services listed in our "A La
Carte" order form, Reseller Pro, or Reseller Ultra Programs
are not eligible for any referral fees. The Program is intended
for commercial use only, and you may not purchase services through
the Program for your own use. Such purchases may result (in our
sole discretion) in the withholding of referral fees or the termination
of this Agreement. Services that are entitled to earn referral fees
under the rules set forth above are hereinafter referred to as "Qualifying
Services."
5.Fee Schedule
You will earn referral fees based on the sale price of Qualifying
Services (as defined above), according to fee schedules to be established
by us.
The current fee schedule is: $20 for each
new web hosting or dedicated account.
6.Fee Payment
We will pay you referral fees on a monthly basis. Approximately 30
days following the end of each calendar quarter, we will send you
a check for the referral fees earned on services that were ordered
during that quarter, less any taxes that we are required by law to
withhold. However, if the fees payable to you for any calendar quarter
are less than $100.00, we will hold those fees until the total amount
due is at least $100.00 or (if earlier) until this Agreement is terminated.
If a service that generated a referral fee is cancelled by the customer
within the first 30 days of the service, we will deduct the corresponding
fee from your next quarterly payment. If there is no subsequent payment,
we will send you a bill for the fee.
7.Policies and Pricing
Customers who buy services through this Program will be deemed to
be customers of Real Web Host. Accordingly, all Real Web Host. rules,
policies, and operating procedures concerning customer orders, customer
service, and web hosting sales will apply to those customers. We may
change our policies and operating procedures at any time. For example,
we will determine the prices to be charged for services sold under
this Program in accordance with our own pricing policies. Because
price changes may affect services that you already have listed on
your site, you may not include price information in your service descriptions.
We will use commercially reasonable efforts to present accurate information,
but we cannot guarantee the availability or price of any particular
service.
8.Identifying Yourself as an Affiliate
We will make available to you some banners you can put on your website,
or a code you can put anywhere in your html files
9.Limited License
We grant you a nonexclusive, revocable right to use our logo and such
other images for which we grant express permission, solely for the
purpose of identifying your site as a Program participant and to assist
in generating web hosting sales. You may not modify the logo, or any
of our images in any way. We reserve all of our rights in the logo,
any other images, our trade names and trademarks, and all other intellectual
property rights. You agree to follow our Trademark Guidelines, as
those may change from time to time.
We may revoke your license at any time by giving you written notice.
10.Responsibility for Your Site
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your
site. For example, you will be solely responsible for:
the technical operation of your site and all related equipment creating
and posting services descriptions on your site and linking those descriptions
to our home page the accuracy and appropriateness of materials posted
on your site (including, among other things, all product-related materials)
ensuring that materials posted on your site do not violate or infringe
upon the rights of any third party (including, for example, copyrights,
trademarks, privacy, or other personal or proprietary rights) ensuring
that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify
and hold us harmless from all claims, damages, and expenses (including,
without limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
11.Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your
Program application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of termination.
You are only eligible to earn referral fees on sales of Qualifying
Services occurring during the term, and fees earned through the date
of termination will remain payable only if the related orders are
not canceled. We may withhold your final payment for a reasonable
time to ensure that the correct amount is paid.
12.Modification
We may modify any of the terms and conditions contained in this Agreement,
at any time and in our sole discretion, by posting a change notice
or a new agreement on our site. Modifications may include, for example,
changes in the scope of available referral fees, fee schedules, payment
procedures, and Program rules.
IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE
THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING
OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13.Relationship of Parties
You and we are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties.
You will have no authority to make or accept any offers or representations
on our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything in
this Section.
14.Limitation of Liability
We will not be liable for indirect, special, or consequential damages
(or any loss of revenue, profits, or data) arising in connection
with this Agreement or the Program, even if we have been advised
of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will not
exceed the total referral fees paid or payable to you under this
Agreement.
15.Disclaimers
We make no express or implied warranties or representations with
respect to the services sold through the Program (including, without
limitation, warranties of fitness, merchantability, no infringement,
or any implied warranties arising out of a course of performance,
dealing, or trade usage). In addition, we make no representation
that the operation of our site will be uninterrupted or error-free,
and we will not be liable for the consequences of any interruptions
or errors.
16.Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE
INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR
STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
17.Miscellaneous
This Agreement will be governed by the laws of the United States,
without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal or state
courts located in Orlando, and you irrevocably consent to the jurisdiction
of such courts. You may not assign this Agreement, by operation
of law or otherwise, without our prior written consent. Subject
to that restriction, this Agreement will be binding on, inure to
the benefit of, and enforceable against the parties and their respective
successors and assigns. Our failure to enforce your strict performance
of any provision of this Agreement will not constitute a waiver
of our right to subsequently enforce such provision or any other
provision of this Agreement.
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