1. By becoming an Affiliate you will be permitted to display links, banners and tracking URL's with a personal ID number, on your web site. You will then have an opportunity to earn a commission on any customers signing up for FastServers.Net services that followed your links.
2. The commission will be credited only when the payment for the service is cleared. If the customer requests a refund at a later time, the original commission credited will be deducted from future commissions. Commission is a recurring 10% commission on all new and future services purchased by customer that you refer.
3. Customers referred by you to FastServers.Net are yours for life. Once you send a customer to us, we take every precaution to ensure any future sales from that customer will be credited to you.
4. Your commission will be paid upon request and such payment will be issued as a check written from a US bank account in US dollars or paid directly to your PayPal Account. We will not be responsible for an affiliate's inability to cash the check or a loss of the amount due to exchange rates. We will not accept responsibility for clearing the check at your financial institution. It is your responsibility to find a way to cash your check.
5. Any tax liability on the amount of commissions received will be the affiliate's responsibility. We do not employ you nor are you entitled to any benefits normally found in an employer/employee relationship. You are required to claim the commissions earned from us on your tax return.
6. The term "affiliate" does not imply any formal association with FastServers.Net and the Affiliate does not have any explicit right to our products, logos or trademarks, patent or intellectual property rights.
7. The Affiliate is not permitted to represent FastServers.Net in any way other than displaying a banner, links, copy, or graphics on their web site, including our links, referring our products to legitimate business contacts, or using any of the tools we provide to advertise our products. You must represent our products in a positive and professional manner.
8. You will be solely responsible for the development, operation and maintenance of your web site and all materials that appear on it, ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and that the materials posted on your site are not libelous or otherwise illegal. We specifically disclaim all liability for your web site. You will indemnify and hold subsidiaries, our officers, employees and us harmless from any and all claims, liabilities, damages costs and expenses relating to the development, operations and maintenance of your web site.
9. We reserve the right to change or modify the terms of this Agreement or terms and conditions of use of the Affiliate program, at any time and with our sole discretion, by posting a change notice or a new agreement on our site and by sending you a written notice by mail or email. Modifications may include the prices of our products and services, commission amount, schedule or payment procedures or rules regarding participation in the program.
10. The FastServers.Net system is dependent on cookie technology being placed in the web surfer's computer. We will not be responsible for any cookie failure that may result in the user's clicks going unregistered. Some web-surfers have disabled cookies on their web browser (a very small percentage). There is no way for us to track a sale that came from a customer with disabled cookies.
11. The term of this agreement will begin automatically upon your submitting of this registration form and will end upon termination by either party. We reserve the right to review your site and terminate individual agreements at our own discretion. You will be notified by email and no explanation for the termination will necessarily be given. After termination by either party, you will be paid your existing commissions to date. Upon termination of this agreement you will cease all use of materials provided to you by PromotionStat including links, tracking URLs and banners.
12. You must not use any unsolicited bulk email or off topic newsgroup postings to promote FastServers.Net in any way as per your agreement to the terms of use of this program. All types of spamming (unsolicited commercial E-mails) is strictly prohibited! Violator's account will be immediately closed with no commissions paid and information about such person will be disclosed upon request.
13. We will periodically send out a newsletter addressing ideas for increasing sales and other marketing issues related to FastServers.Net. You agree to receive this newsletter.
14. You may not "refer yourself" for any sales. That is, you cannot initiate a sale for yourself by using your FastServers.Net ID. Any affiliate found doing this would be subject to immediate dismissal from the Affiliate program. Affiliates may not be employed by the company or organization that is considered a referral. Referrals of this nature are considered theft from FastServers.Net and legal action will be taken to collect any fees paid under these circumstances.
15. FASTSERVERS.NET DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PROMOTIONSTAT AFFILIATE PROGRAM. FASTSERVERS.NET DISCLAIMS ANY WARRANTY THAT THE SERVICE WILL BE UNINTERUPPTED OR ERROR-FREE, THAT SECURITY METHODS EMPLOYED WILL BE SUFFICIENT OR REGARDING CORRECTNESS ACCURACY AND RELIABILITY.
16. WE WILL NOT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY INDIRECT SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES FOR ANY LOSS OF PROFITS REVENUE, DATA OR SERVICE ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM, OUR SITE OR SERVICES REGARDLESS OF WHETHER SUCH DAMAGES WERE FORSEEABLE OR WHETHER WE WERE ADVISED OF SUCH A POSSIBILITY IN ADVANCE. OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT, THE PROGRAM, OUR PRODUCTS OR OUR SITES WILL IN NO EVENT EXCEED THE TOTAL REFERRAL FEES OR COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
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