Operating Agreement This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Real Web Host Affiliates Program (the "Program"). As used in this Agreement, "we" means Real Web Host., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to realwebhost.net's site or to the site that you will link to our site.
To begin the enrollment process, you will submit a complete Program application via our site. You will then be given further instructions, including your "affiliate number" and linking information. We will evaluate your website in good faith and will notify you if there any exceptions to your participation in the program. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:
If we reject your application, you are welcome to reapply to the Program at any time.
You may provide a general link on your site on as many pages as you prefer to our home page in a format to be approved by Real Web Host. We will provide you with guidelines and graphical artwork to use in linking to our home page.
We will process webhosting orders placed by customers who follow special links from your site to the realwebhost.net site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, and cancellations; and handle customer service. We will track sales made to customers who purchase our Basic or Premier hosting services using special links from your site to our site and it will be available for your viewing online. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted.
We will pay you a $20 referral fee on sales made to customers who purchase our Basic or Premier hosting service at full list price including setup fee. For a hosting sale to generate a referral fee, the customer must follow a special link (in the format specified by Real Web Host) from your site to the realwebhost.net site; purchase the service using our automated ordering system; and remit full payment to us. We will not, however, pay referral fees on any services purchased by the customer after 30 days from the original click-through from your site, unless they have clicked through again after 30 days from the original visit. We will not pay referral fees on any services purchased by the customer after they have become a client of Real Web Host. In addition, services listed in our "A La Carte" order form, Reseller Pro, or Reseller Ultra Programs are not eligible for any referral fees. The Program is intended for commercial use only, and you may not purchase services through the Program for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement. Services that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Services."
You will earn referral fees based on the sale price of Qualifying Services (as defined above), according to fee schedules to be established by us.
The current fee schedule is: $20 for each new web hosting or dedicated account.
We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned on services that were ordered during that quarter, less any taxes that we are required by law to withhold. However, if the fees payable to you for any calendar quarter are less than $100.00, we will hold those fees until the total amount due is at least $100.00 or (if earlier) until this Agreement is terminated. If a service that generated a referral fee is cancelled by the customer within the first 30 days of the service, we will deduct the corresponding fee from your next quarterly payment. If there is no subsequent payment, we will send you a bill for the fee.
Customers who buy services through this Program will be deemed to be customers of Real Web Host. Accordingly, all Real Web Host. rules, policies, and operating procedures concerning customer orders, customer service, and web hosting sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Because price changes may affect services that you already have listed on your site, you may not include price information in your service descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
We will make available to you some banners you can put on your website, or a code you can put anywhere in your html files
We grant you a nonexclusive, revocable right to use our logo and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating web hosting sales. You may not modify the logo, or any of our images in any way. We reserve all of our rights in the logo, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those may change from time to time.
We may revoke your license at any time by giving you written notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
the technical operation of your site and all related equipment creating and posting services descriptions on your site and linking those descriptions
to our home page the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) ensuring that materials posted on your site are not libelous or otherwise illegal
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Services occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
We 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 we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the services sold through the Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the United States, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Orlando, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.