Terms and Conditions: DiscountASP.NET Referral Program

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Terms and Conditions

All DiscountASP.NET customers are subject to our Terms and Conditions.

Service Usage Policy

By becoming a DiscountASP.NET customer, all users agree to abide by the Service Usage Policy.

Referral Program Policy

By joining the DiscountASP.NET Referral Program, all referrers agree to abide by the Referral Program Policy.

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REFERRAL PROGRAM TERMS AND CONDITIONS

DisountASP.NET Referral Program
a. This Referral Program Terms and Conditions (the "Agreement") govern the rights and obligations of DiscountASP.NET ("DASP") and the Referral Program Member ("Referrer").
b. This Agreement applies to the Referrer's participation in the DASP Referral Program (the "Referral Program"), whereby Referrer will refer potential customers to DASP hosting services.
c. DASP may modify the content, terms and conditions of this Referral Program from time to time. Any change to this Referral Program will be effective immediately when posted to DASP's web site. This Agreement will be posted at: http://www.discountasp.net/userpolicy_referral.aspx

Eligibility and Referral Program Signup
a. To join the Referral Program, Referrer must be a DASP customer in good standing.
b. Upon meeting eligibility, the DASP customer can apply to participate in the DASP Referral Program via their Control Panel.
c. Referrer acknowledges that they have read and agree to be bound by this Agreement.
d. Referrer acknowledges that their referred sites can also join this Referral Program via their account Control Panel.

Referral Program Enrollment
a. DASP must approve the Customer's application to join the Referral Program.
b. DASP reserves the right to refuse participation in the Referral Program to anyone.
c. When DASP customers join the Referral Program, they will be issued a unique Referral ID.
d. After joining the Referral Program, the Referrer will have access to a Referral Manager Control Panel for Referral Program management.

Referral Process
a. Referrer can refer prospects via hypertext links with a specially formatted URL (Referral Link).
b. Referrer can refer prospects via word of mouth. The referred customer can input the unique Referral ID into the DiscountASP.NET order form.

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

Compensation for Referrals
Referrer will receive a credit for each qualified Referred Site as follows:
a. Referred sites must be in good standing for more than 60 days to qualify and count toward referral credits.
b. For each qualified referred site, based on the date of the referred site signup, the Referrer will receive credit as outlined in Schedule I, and valid credit will be available for future payment to the Referrer, when the minimum payout threshold is reached and the Referrer requests payment.
c. Referrer acknowledges that their Referral account will be reviewed by DASP staff prior to any payout.

Referral Payments
a. Referral credits will be available for payout only after the total aggregate eligible amount exceeds a threshold as defined in Schedule I.
b. Payments will be made to Referrer via PAYPAL PAYMENT ONLY. No other forms of payments will be made.
c. Payments will be in US Funds ONLY.
d. Referrer must proactively request Paypal payment via the Referral Manager control panel.
e. 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 Referral.
f. Payments are processed on the 1st and 15th of every month and must pass account review by DASP staff.
g. Referral credits will reflect the Referral Commission based on the date when the Referred Site was signed up.

Reports of Sales
Referrer can view their referred sales, referral credit, and payment status in their Referral Manager Control Panel.

Referral Manager Control Panel
a. The Referrer Manager Control Panel is located at rewards.discountasp.net
b. Should it be neccessary, the Referral Account and Control Panel association can be transferred to another DASP web hosting account. If such a transfer is neccessary, the transfer must be approved by DASP staff at its sole discretion and the web hosting account must be in good standing for over 30 days.

Obligations Regarding Referrer's Web Site
a. 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 DASP hosting services.
b. The Referrer is solely responsible for the accuracy of any content as it relates to DASP hosting services and their participation in the Referral Program.
c. The Referrer acknowledges DASP rights to monitor the Referrer's website from time to time or at any time to determine if Referrer is in compliance with DASP Terms and Conditions and this Referral Program.
d. If DASP determines that Referrer is not in compliance with DASP Terms and Conditions or Referral Program terms, then DASP may terminate this Agreement at DASP's sole discretion and includes termination of any rights to pending or future commissions.

Referrer Responsibilities
a. 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 DASP or on the reputation of DASP or its products and services.
b. Referrer will ensure its personnel who are responsible for Referrer's activities under this Agreement to remain well-informed concerning DASP's products and services. Referrer will review DASP's website occasionally to ensure that they are reasonably familiar with DASP's product offerings, promotions, and service terms and conditions.

Emails, Publicity and Marketing
a. Referrer agrees to not create, publish, transmit, distribute, under any circumstances, any bulk electronic mail messages that would be considered as SPAM.
b. 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.
d. Any marketing materials or print advertising cannot be used without first submitting a sample to DASP and obtaining written approval.
e. 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 DASP Referral Program.

Licenses and Use of DASP Logos and Trademarks
a. DASP grants Referrer with a non-exclusive, non-transferable, revocable right to access DASP website through the links in accordance with the terms of this Agreement and solely in connection with this Agreement.
b. DASP's trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of DASP. 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 DASP.
c. Any feedback, data, answers, questions, comments, suggestions, forum posts, ideas or the like which Referrer sends to DASP relating to the DASP Services or this Agreement will be treated as being non-confidential and non-proprietary. DASP may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Term of Agreement
a. The term of the Agreement will begin upon DASP's acceptance of the Referrer's active status.
b. 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.
c. If an Referrer cancels their hosting account, then this Agreement will also be terminated.
d. 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.
e. 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.
f. If Agreement is terminated prior to a referred site meeting the 60 active day standing, then the commissions associated with these accounts will not be payable.
g. DASP may at its sole discretion withhold final payment for a reasonable time to ensure that no overpayment is made.

Disclaimer of Warranty
Referrer agrees to use all Services and any information obtained through or from DASP, at Referrer's own risk. Referrer acknowledges and agrees that DASP exercises no control over, and accepts no responsibility for, the content of the information passing through DASP's host computers, network, or the Internet. THE SERVICES ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF DASP, 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 ("DASP 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 DASP PROVIDES. NO DASP 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. DASP 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 DASP. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY DASP 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 DASP, and agrees that
a. Referrer will comply with all applicable laws, rules, regulations, and Internet etiquette in the conduct of its business.
b. Referrer will not make any representations concerning the Services except those that have been approved or published by DASP.
c. Referrer will not distribute any documents or materials describing the Services except those that have been approved or published by DASP.

Independent Contractor
DASP and Referrer are independent contractors and nothing contained in the Agreement places DASP and Referrer in the relationship of principal and agent, partner or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party.

As a requirement by the Internal Revenue Service (IRS), the Referrer understands that they must provide DASP with a Tax ID number or Social Security Number (SSN) should Referrer earn more than $600.00 of Referral Commissions in a single year, or the then current threshold set by the IRS. Should the Referrer be required to provide a Tax ID number or SSN, no Referral Payments will be paid out until the Referrer provide DASP with the appropriate information as required by the IRS.

Limitation of Liability
a. Referrer agrees that no DASP 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 DASP at the time) which may exist in the Services or DASP's equipment used to provide the Services.
b. Under no circumstances, including negligence, shall any DASP 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 DASP has been advised of the possibility of such damages.
c. No DASP 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 DASP's records, programs, equipment, or services.
d. IN NO EVENT WILL DASP'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 REFERRAL FEES PAID OUT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
e. DASP CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. DASP 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.
f. Referrer understands, acknowledges and agrees that if DASP takes any corrective action under this Agreement because of an action of Referrer or its website users, and Referrer agrees that DASP shall have no liability to Referrer due to such corrective action by DASP.

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 DASP 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 Referral 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.

SCHEDULE I