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Affiliate Agreement

This document describes the terms and conditions of the VirtualAvenue Affiliate Program. As used herein, "Program" shall mean this Affiliate Program; VirtualAvenue shall me "we," "our," or "us." "You" or "your" shall mean the Affiliate.

In consideration of the mutual promises and conditions contained herein, VirtualAvenue and you hereby agree to the following.

  1. Summary of Program: Under the Affiliate Program, you will be paid a referral fee ("Referral Fee") for each qualified customer ("Referral") that you refer to VirtualAvenue under this Agreement. Each Referral needs to meet the following Criteria ("Criteria"):

    1. Each Referral must be a new and unique visitor to VirtualAvenue and must register by completing and submitting the registration form using a valid and unique e-mail address.

    2. Each Referral must enroll in a qualified hosting plan or purchase a qualified product and provide a valid payment for the hosting services purchased. To generate a Referral Fee for you, each Referral must be an active, qualified customer of VirtualAvenue and must be up-to-date in all payments at the time the Referral Fees are processed.

    3. Each Referral must signup in a manner, which in our sole judgment, definitively establishes that the Referral was referred directly from you to VirtualAvenue under this Agreement.

    4. Each Referral must remain in compliance with our Terms of Service, Acceptable Use Policy and other policies that are active at the time the Referral Fees are processed.

    5. Referrals cannot be listed in the Client Manager of the ProRewards Program or signed up through a VirtualAvenue Reseller Program.

    6. Referral Fees shall not be paid for Referrals that are fraudulent or have cancellations, terminations, charge-backs, refunds, outstanding balances or other adjustments.

  2. Permission To Use VirtualAvenue Links: Under the terms of this Program, you will be granted a limited license to display VirtualAvenue banners, buttons and/or hypertext (collectively referred to as "Links") on your Web site, e-mail, newsletter and/or other promotional materials. VirtualAvenue grants you permission to download the VirtualAvenue Links for placement on your Web site, provided you adhere to the terms and conditions set forth in the Agreement.

    You may only use Links to VirtualAvenue on the Web site(s) that are listed in your application and approved by VirtualAvenue. The maintenance of your site will be your responsibility. The information on virtualave.net is frequently updated, and you may need to update the content of your Links regularly to maintain the accuracy of your site.

    On occasion, we may review your site to determine whether it is in compliance with the terms and conditions of this Agreement. We will notify you of any changes we feel should be made to ensure that your Links to VirtualAvenue are appropriate.

    If you do not make the changes to your site that we feel are necessary, you may be terminated from the Affiliate Program.

  3. Link Guidelines:

    1. No Alterations Allowed: The Links, banners and images we provide must not be altered in any way. You can not change content, design, color, font, proportions or animation. The Links may be displayed in a larger size, but must be increased in size proportionally. VirtualAvenue reserves the right to update, revise or alter the Links in any manner from time to time.

    2. Required Link: The Links must always link to a URL that is provided or approved by VirtualAvenue.

    3. Positive Presentation: Your Web site must use the Links in a positive manner. The Links may not be used in a way that could disparage or reflect adversely on VirtualAvenue or its products.

    4. You may not use the Links on any Web site that disparages VirtualAvenue or its products or services, infringes upon any intellectual property or other rights of VirtualAvenue, contains or promotes "adult", pornographic or obscene material or content, promotes gambling, or violates any state, federal or international law.

    5. Compliance With Laws: You may not use the Links if your Web site infringes any party's intellectual property or other rights, contains or promotes "adult", pornographic or other obscene material or any content prohibited by the VirtualAvenue Acceptable Use Policy, or violates any state, federal or international law.

    6. You will be responsible for any claims, costs and damages incurred by VirtualAvenue as a result of a violation of these Link Guidelines.

  4. Changes: We reserve the right to change this Agreement, including without limitation, the Links Guidelines and the Compensation, at our discretion. Changes will take effect when posted to the VirtualAvenue Web site. If you do not agree to such changes, you may terminate this Agreement via e-mail notice to affiliates@virtualave.net.

  5. Compensation: We will pay a Referral Fee equal to the specified percentage of any revenue generated by a qualified Referral in the calendar quarter in which the Referral signs up the VirtualAvenue account. Information about the specified percentage will be available through the Affiliate Console section of the VirtualAvenue Web site. We will pay a Referral Fee in check made out in U.S. currency. Affiliates must have a mailing address located in North or South America, Europe, Australia or New Zealand to receive a payment.

    You are responsible for informing VirtualAvenue about changes to postal and e-mail addresses. Failure to provide the correct addresses may result in the forfeiture of any payments due to you. Payments that are returned for invalid or insufficient address information, may be forfeited as well. You can update information at any time through the Affiliate Profile form.

    You may choose to receive Referral Fees in the form of credit to your VirtualAvenue hosting account. If you elect to receive Referral Fees in the form of account credit, a check will not be mailed. VirtualAvenue will credit your account in the amount of your Referral Fee, as defined in this Agreement, approximately 45 days after the end of each calendar quarter. To change how you receive Referral Fees, edit your Affiliate Profile.

    Referral Fees will be issued approximately 45 days after the end of each calendar quarter. To qualify to receive payment, your Referral Fee must be at least $50.00. Based solely on the discretion of VirtualAvenue, payment may be withheld for amounts under $50.00.

    You will only be compensated for Referrals that purchase VirtualAvenue products via the Links you generate through the VirtualAvenue Affiliate Console. Purchases made by Referrals who have clicked on these Links will be tracked by VirtualAvenue for the purposes of this Affiliate Program. By altering these Links in any way, you may forfeit corresponding Referral Fees.

    Any attempt by an Affiliate to manipulate, falsify or inflate Referrals, to defraud VirtualAvenue, or to violate the terms of this Agreement constitutes immediate grounds for VirtualAvenue to terminate this Agreement and will result in forfeiture of any Referral Fees due to you.

    The Referral Fee of any Referral who is listed in the Client Manager of the ProRewards Program or associated with a VirtualAvenue reseller will be removed from your payment.

  6. Taxes: You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. In compliance with tax laws, VirtualAvenue will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable amount warranting the Form 1099. You will be required to provide us with tax information within two (2) days of any request issued by VirtualAvenue to issue a Form 1099.

  7. Ownership and Property Rights: This Agreement shall not operate as a transfer to you of any rights in or to any of VirtualAvenue's marks or logos, except for the limited license expressly granted hereunder. VirtualAvenue reserves the right in its sole discretion to terminate or modify permission to use the Links at any time. You acknowledge that VirtualAvenue's marks and logos are and shall remain the exclusive property of VirtualAvenue or the applicable third-party owner, and all use by you shall inure solely to the benefit of VirtualAvenue or such third-party owner, as applicable. VirtualAvenue reserves the right to take action against any use that does not conform to this Agreement, infringes any VirtualAvenue intellectual property or other right, or violates other applicable law.

  8. Term and Termination: This Agreement shall continue until this terminated by either party. You will be terminated from the program, by e-mail notice, if (i) you do not follow the Links Guidelines or otherwise breach this Agreement, (ii) you attempt to manipulate, falsify or erroneously inflate Referrals. In addition, your failure to comply with our Terms of Service or Acceptable Use Policy will be grounds for termination.

    Any outstanding Referral Fees otherwise due to you will be forfeited if this Agreement is terminated for any reason. VirtualAvenue reserves the right to terminate this Agreement and your participation in this Program immediately and without notice. If any fraud or abuse is detected with respect to any Referral, or if this Agreement is terminated for any reason, VirtualAvenue shall not be liable for any Referral Fees.

  9. No Warranty: VirtualAvenue DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. VirtualAvenue WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

  10. Miscellaneous: Referrals who become customers of VirtualAvenue through this Program will be considered customers of VirtualAvenue. VirtualAvenue's Terms of Service, Acceptable Use Policy, Privacy Statement, rules, policies, and operating procedures will apply to such customers. VirtualAvenue reserves the right to change its policies and operating procedures at any time. The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship. This Agreement shall be governed by and construed in accordance with the laws of The Commonwealth of Massachusetts without regard to its conflict of laws. All notices and communications under this Agreement shall be in writing, and the same shall be given by e-mail (if to VirtualAvenue, to affiliates@virtualave.net). This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. This Agreement may not be modified by you except by a contract in writing signed by both you and VirtualAvenue.

  11. Proper Age: BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).

  12. General: In the event of any conflict between this document and the Terms of Service and Acceptable Use Policy, the provisions of the the Terms of Service and Acceptable Use Policy shall control.

    (Revised Agreement effective April 25, 2005)
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