ASP.NET Affiliate Program

SeekDotNet.com Affiliate Program

This Agreement sets forth the Standard Terms and Conditions that applicable to the usage of the SeekDotNet.com Affiliate Program. YOUR USE OF THE SeekDotNet.com AFFILIATE SERVICES INDICATES YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT.

This Affiliate Program Terms and Conditions (the "Agreement") govern the rights and obligations of SeekDotNet.com and the Affiliate Program Member ("Referrer").

This Agreement applies to the Referrer's participation in the SeekDotNet.com Affiliate Program (the "Affiliate Program"), whereby Referrer will refer potential customers to SeekDotNet.com hosting services.

SeekDotNet.com may modify the content, terms and conditions of this Affiliate Program from time to time. Any change to this Affiliate Program will be effective immediately when posted to SeekDotNet.com's web site. This Agreement will be posted at: http://www.SeekDotNet.com/affiliatetermcondition.aspx

Eligibility and Affiliate Program Signup

SeekDotNet.com's directors, employees, employee's spouse, direct family members and relatives are prohibited to sign up as Affiliate Partner.

Anyone can apply and join our affiliate program. Referrer acknowledges that they have read and agree to be bound by this Agreement. Referrer acknowledges that their referred sites can also join this Affiliate Program via their account Control Panel.

To sign up to be an Affiliate and to use the Services as an Affiliate Partner you must be at least 18 years of age. You warrant that the information you provide to us upon registration is complete, valid and honest, including your Social Security number. Your account may not be transferred or sold to another party.

Affiliate Program Enrollment

• SeekDotNet.com must approve the Customer's application to join the Affiliate Program.
• SeekDotNet.com reserves the right to refuse participation in the Affiliate Program to anyone.
• When SeekDotNet.com customers join the Affiliate Program, they will be issued a unique Affiliate ID.
• After joining the Affiliate Program, the Referrer will have access to a Affiliate Manager Control Panel for Affiliate Program management.

Affiliate Process

• Referrer can refer prospects via word of mouth. The referred customer can input the unique Affiliate ID into the SeekDotNet.com order form.
• Referrer can refer prospects via hypertext links with a specially formatted URL (Affiliate Link).

Affiliates

• Referrer will be credited for referring a hosting account sale, only if the Referred Site customer completes the SeekDotNet.com order form for the base hosting plan and enters the Referrer's unique ID or orders hosting via the Affiliate Link and the SeekDotNet.com hosting automation system records the unique Affiliate ID (e.g., the Referred Site customer must have cookies enabled so that the cookie information is properly read by the SeekDotNet.com order form system).
• Referrer will not receive credit for a hosting account sale that uses a Promotion Code.
• Referrer cannot refer him / her self and will not receive credit for that,All Account that has the same name as the refferer will be considered the same person.
• Referred site must provide complete, accurate, and current Billing and Admin contact information.
• Referrer will not receive credit for a hosting account sale of a Referred Site which was previously hosted at SeekDotNet.com. Referrer will not receive credit for the same referred hosting account twice.
• All Affiliates are subject to credit approval, availability, and other SeekDotNet.com Terms and Conditions.
• Referrer will not receive credit for a hosting account sale of a Referred Site which was previously terminated by SeekDotNet.com for non-payment, chargeback, or policy violation.
• No Affiliate credits can be claimed for any hosting sale whose initial signup date occurred before the Referrer joined the Affiliate Program.

Compensation for Affiliates

Referrer will receive a credit for each qualified Referred Site as follows:

• Referred sites must be in good standing for more than 60 days to qualify and count toward Affiliate credits.
• For each qualified referred site, based on the date of the referred site signup, the Referrer will receive credit as outlined inAffiliate Payments, and valid credit will be available for future payment to the Referrer, when the minimum payout threshold is reached and the Referrer requests payment.
• Referrer acknowledges that their Affiliate account will be reviewed by SeekDotNet.com staff prior to any payout.
• You may NOT receive credit for referring yourself to SeekDotNet.com.
• You must have a link on your website, forums that shows the affiliate link or affiliate banner

Affiliate Payments

• Affiliate credits will be available for payout only after the total aggregate amount exceeds a threshold as defined in Below.
• Payments will be made to Referrer via PAYPAL PAYMENT ONLY. No other forms of payments will be made.
• Payments will be in US Funds ONLY.
• Referrer must proactively request PayPal payment via the Control Panel
• Referrer will bear all taxes, duties, levies, and other similar charges and any related interest and penalties, however designated or imposed on them as a result of participation in this Agreement, including income, sales, or use tax on profits which may be levied against the Affiliate.
• Payments are processed on the 1st and 15th of every month and must pass account review by SeekDotNet.com staff.
• Affiliate credits will reflect the Affiliate Commission based on the date when the Referred Site was signed up.

Note: Valid from August. 1, 2008 until further notice.

Reports of Sales

Referrer can view their referred sales, Affiliate credit, and payment status in their Affiliate Manager ControlPanel.

Obligations Regarding Referrer's Web Site

• The Referrer is solely responsible for the development, design, programming, operation, and maintenance of their website content, which includes the posting of descriptions, reviews, references, feature list of SeekDotNet.com hosting services.
• The Referrer acknowledges SeekDotNet.com rights to monitor the Referrer's website from time to time or at any time to determine if Referrer is in compliance with SeekDotNet.com Terms and Conditions and this Affiliate Program.
• The Referrer is solely responsible for the accuracy of any content as it relates to SeekDotNet.com hosting services and their participation in the Affiliate Program.
• If SeekDotNet.com determines that Referrer is not in compliance with SeekDotNet.com Terms and Conditions or Affiliate Program terms, then SeekDotNet.com may terminate this Agreement at SeekDotNet.com's sole discretion and includes termination of any rights to pending or future commissions.

Referrer Responsibilities

• Referrer will conduct themselves in a professional manner and will maintain a reputation for fair dealing and exemplary service among its clients and Internet users. Referrer will not make any statement, or take any action, that could reasonably be expected to reflect poorly on SeekDotNet.com or on the reputation of SeekDotNet.com or its products and services.
• Participants caught violating or attempting to circumvent these rules will have all affiliate credit voided and will not receive any payouts. In addition, they will be banned from further and future participation in our affiliate program and may have their SeekDotNet.com service terminated.
• Referrer will ensure its personnel who are responsible for Referrer's activities under this Agreement to remain well-informed concerning SeekDotNet.com's products and services. Referrer will review SeekDotNet.com's website occasionally to ensure that they are reasonably familiar with SeekDotNet.com's product offerings, promotions, and service terms and conditions.

Emails, Publicity and Marketing

• Referrer agrees to not create, publish, transmit, distribute, under any circumstances, any bulk electronic mail messages that would be considered as SPAM.
• Any marketing materials or print advertising cannot be used without first submitting a sample to SeekDotNet.com and obtaining written approval.
• Referrer agrees not to SPAM blogs, online forums, or newsgroups. c. Failure of Referrer to abide by this NO SPAM policy, will be deemed a material breach of this Agreement and will terminate any and all rights and claims to any commissions.
• Referrer agrees to conduct themselves in a professional manner when posting to online forums, blogs, or any other public internet postings which contain links to the SeekDotNet.com Affiliate Program.

Licenses and Use of SeekDotNet.com Logos and Trademarks

• SeekDotNet.com grants Referrer with a non-exclusive, non-transferable, revocable right to access SeekDotNet.com website through the links in accordance with the terms of this Agreement and solely in connection with this Agreement.
• SeekDotNet.com's trademarks, trade names service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of SeekDotNet.com. Except as otherwise provided in the Agreement, Referrer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of SeekDotNet.com.
• Any feedback, data, answers, questions, comments, suggestions, forum posts, ideas or the like which Referrer sends to SeekDotNet.com relating to the SeekDotNet.com Services or this Agreement will be treated as being non-confidential and non-proprietary. SeekDotNet.com may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Term of Agreement

• The term of the Agreement will begin upon SeekDotNet.com's acceptance of the Referrer's active status.
• If an Referrer cancels their hosting account, then this Agreement will also be terminated.
• Referrer's active status will end when terminated by either party. Both parties can terminate this Agreement at any time, with or without cause, by giving the other party a written notice of termination.
• If Referrer's account is cancelled due to policy violation, non-payment, or chargeback, then any commissions on referred sites occurring during the term, and commissions earned through the date of termination, will not be payable.
• Commissions on referred sites occurring during the term, and commissions earned through the date of termination, that are pending but not paid out will no longer be available for payout, if the account is terminated for any reason. Referrer is responsible for making sure they have requested payment for all pending commissions prior to terminating their account.
• SeekDotNet.com may at its sole discretion withhold final payment for a reasonable time to ensure that no overpayment is made.
• If Agreement is terminated prior to a referred site meeting the 30 active day standing, then the commissions associated with these accounts will not be payable.

Disclaimer of Warranty

Referrer agrees to use all Services and any information obtained through or from SeekDotNet.com, at Referrer's own risk. Referrer acknowledges and agrees that SeekDotNet.com exercises no control over, and accepts no responsibility for, the content of the information passing through SeekDotNet.com's host computers, network, or the Internet.

THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF SeekDotNet.com, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("SeekDotNet.com PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES OR ANY EQUIPMENT SeekDotNet.com PROVIDES. NO SeekDotNet.com PERSON MAKES ANY WARRANTIES THAT THE SERVICES WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICES OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH THE SERVICES. SeekDotNet.com IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM AFFILIATE OR STORED BY AFFILIATE OR ANY OF AFFILIATE'S USERS VIA THE SERVICES PROVIDED BY SeekDotNet.com. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY SeekDotNet.com PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

The terms of this section shall survive any termination of this Agreement.

Referrer Representations and Warranties

Referrer hereby represents and warrants to SeekDotNet.com, and agrees that.

• Referrer will comply with all applicable laws, rules, regulations, and Internet etiquette in the conduct of its business.
• Referrer will not distribute any documents or materials describing the Services except those that have been approved or published by SeekDotNet.com.
• Referrer will not make any representations concerning the Services except those that have been approved or published by SeekDotNet.com.

Limitation of Liability

Referrer hereby represents and warrants to SeekDotNet.com, and agrees that.

• Referrer agrees that no SeekDotNet.com Person, under any circumstances, shall be held responsible or liable for situations where the Services are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to SeekDotNet.com at the time) which may exist in the Services or SeekDotNet.com's equipment used to provide the Services.
• No SeekDotNet.com Person shall be liable to Referrer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to SeekDotNet.com's records, programs, equipment, or services.
• SeekDotNet.com CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. SeekDotNet.com WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
• Under no circumstances, including negligence, shall any SeekDotNet.com Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if SeekDotNet.com has been advised of the possibility of such damages.
• Referrer understands, acknowledges and agrees that if SeekDotNet.com takes any corrective action under this Agreement because of an action of Referrer or its website users, and Referrer agrees that SeekDotNet.com shall have no liability to Referrer due to such corrective action by SeekDotNet.com
• IN NO EVENT WILL SeekDotNet.com'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL AFFILIATE FEES PAID OUT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.

The terms of this section shall survive any termination of this Agreement.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Indemnification

Referrer agrees to indemnify, defend and hold harmless SeekDotNet.com and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses (including attorney fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) Referrer's use of the Services, (ii) Referrer's participation in Affiliate Program, (iii) any violation by Referrer of the Service Usage Policy, or Hosting Terms and Conditions, (iv) any breach of any representation, warranty, or covenant of Referrer contained in this Agreement, or (v) any acts or omissions of Referrer.

The terms of this section shall survive any termination of this Agreement.

Governing Law, Jurisdiction, and Arbitration

This Agreement shall be governed in all respects by California law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in California. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules ("AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Los Angeles, California, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees.

The terms of this section shall survive any termination of this Agreement.