This Superb Internet Affiliate Agreement ("Agreement") is effective as of the day the Affiliate clicks the "I accept" icon at the end of this agreement, and is between Superb Internet Corporation ("Superb Internet") and the Affiliate.
1. Superb Internet's Responsibilities
1.1 Superb Internet will provide all information necessary to allow the Affiliate to make appropriate link(s) from the Affiliate's web site to Superb Internet's web site.
1.2 Superb Internet will track the web hosting account sign-ups referred from the Affiliate's web site to Superb Internet, and will provide information to the Affiliate regarding Sales statistics.
2. Affiliate's Responsibilities
2.1 The Affiliate will ensure that they at all times seek to ensure that they promote and represent Superb Internet in a fashion that will refer the maximum possible customers to Superb Internet.
2.2 The Affiliate agrees to prominently display any and all text, banner and button links to ensure that the above condition is met (Section 2.1).
2.3 The Affiliate agrees to represent Superb Internet to the best of its abilities at all times and shall not directly or indirectly refer to Superb Internet in any fashion that is desultory or derogatory, nor will it act in an fashion which might damage the reputation of Superb Internet.
3. Term of the Agreement and Termination
3.1 The term of this agreement commences upon Superb Internet's acceptance of the Affiliate's application and will end when terminated by either party.
3.2 Either the Affiliate or Superb Internet may terminate this Agreement at any time, with or without cause, by notifying the other in writing of their intention to terminate the agreement.
3.3 The Affiliates are only eligible to earn referral fees on sales occurring during the term and any fees earned through to the date of termination shall remain payable.
4. Modification
4.1 Superb Internet may modify any of the terms and conditions contained in this Agreement, at any time and at the sole discretion of Superb Internet, by posting a change notice or a new agreement on this site (or by email). Modifications may include changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.
4.2 If any modification is unacceptable to the Affiliate, the only recourse is to terminate this agreement. The Affiliate's continued participation in the program following Superb Internet's posting of a change notice or new agreement on Superb Internet's site will constitute binding acceptance of the change
5. Limitation of Liability
5.1 Superb Internet 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 Superb Internet has been advised of the possibility of such damages. Further, Superb Internet's aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to the Affiliate under this Agreement.
5.2 The Affiliate agrees that it shall defend, indemnify, save and hold Superb Internet harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees ("Liabilities") asserted against Superb Internet, its agents, its customers, servants officers an employees, that it may initiate or that may arise related in any way to the Affiliate's business involving Superb Internet.
6. Payments
6.1 The amount owing to the Affiliate for any period will be a one-time fee as per the values stated in
http://www.superbhosting.net/resellers-affiliates/referrals/referralprogram/commissions.php ("Total Commission"). The Commission rate is subject to change at any time. Superb Internet will pay the Affiliate the total commission owing from Superb Internet to the Affiliate 60 days from the date of the customer's sign-up , if the customer accounts are still in good standing at that time.
6.2 Superb Internet reserves full right to determine total commission and the Affiliate irrevocably consents to Superb Internet's determination of the Total Commission. Superb Internet will pay the referral fees on sales of all Superb Internet web-hosting services sold only to a third party. Referral commissions do not apply to Affiliate's own accounts, or to any party in any way related to the Affiliate accounts. This referral fee will be on a one-time basis per account sold (subject to the conditions of Section 6.1) so long as third party is a customer and the account is in good standing at the time its commission is to be paid (i.e. 60-91 days after sign-up). The Affiliate's entitlement to a referral fee will accrue only if the customer::
(i) Accesses Superb Internet's site through the use of a "link on the Affiliate's web site";
(ii) Before exiting Superb Internet's site applies for a web hosting package;
(iii) Full payment has been remitted and cleared and settled into Superb Internet's account; and
(iv) Pays online by credit card, including but not limited to, Visa, MasterCard, Discover/Novus and AmEx or offline by the acceptable payment processes
(v) Remains a customer of Superb Internet that has paid in full for all services received and is non-delinquent for all payments for same said services.
7. Independent Investigation
7.1 The Affiliate acknowledges that the Affiliate has read this agreement and agrees to all its terms and conditions. The Affiliate further understands that Superb Internet may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this agreement or operate Superb Internet's web sites that are similar to or compete with the Affiliate's web site. The Affiliate has independently evaluated the desirability of participating in the program and is not relying on any representation, guarantee or statement other than set forth in this agreement.
8. Jurisdiction
8.1 This Agreement shall be governed and construed in accordance with the laws of the State of Delaware, USA. Both parties agree that any dispute arising out of this Agreement, or any relationship between the parties will be resolved only in the state courts in the State of Delaware, and in no other jurisdiction. Each party submits to personal jurisdiction in the State of Delaware.