CandiNet AFFILIATE AGREEMENT
Revised July, 2006
Please print, scan and send per eMail to Sales Office
| Account (ID): |
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| Name: | |
| Company: | |
| Address: | |
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| City, State, Zip: | |
| Phone: | |
| Fax: | |
| Email: | |
| Price/year to charge your customers: | |
| URL of your website: | |
| URL of your logo (for branded control panel): | |
- Subject To. This Agreement shall be subject to the restrictions
of the Registrar Accreditation Agreement between CandiNet and ICANN, and
the provisions of the Registrar License and Agreement between CandiNet and
Network Solutions, Inc./Verisign, NeuLevel, Afilias, and any other through
which domains are registered, as they may be amended from time to time.
- CandiNet Services. CandiNet agrees to provide Customers referred
by Affiliate website with all CandiNet services, charging the price determined
by Affiliate, and paying Affiliate a commission based on the current Commission
Schedule, published on our website, which may change from time to time. Renewals
will also be paid as long as Affiliate remains in good standing with the Agreement
in force.
- CandiNet Policies. Affiliate agrees to abide by all CandiNet
Policies. With reasonable prior notice to Affiliate, CandiNet reserves the
right to change the Policies from time-to-time, in order to accommodate the
needs of its customers, changing laws, and advancing technology. CandiNet
will inform the Affiliate at least 30 days prior to any pricing changes.
- Payment. CandiNet will send a check or online payment to Affiliate
by the 10th of each month provided the check amount is at least $20 or $300
for online & wire transfers.
- Term. The initial term of this Agreement shall be for 1 month. This
agreement shall automatically renew for a similar term thereafter, until terminated
by either party with 30 days prior notice.
- Security. Affiliate shall employ the necessary measures to prevent
the CandiNet website from being used for (a) the transmission of unsolicited,
commercial email (spam); (b) high volume, automated, electronic processes
that apply for large numbers of domain names; (c) high volume, automated,
electronic, repetitive queries for the purpose of extracting data; or (d)
the use of said data to compile or infer customer identity or other demographic
or firmographic information.
- Termination for Cause. Affiliate and CandiNet shall each have
the right to terminate this Agreement in the event of any material breach
of this Agreement, or breach of the CandiNet Policies. Prior notice and
right to cure may or may not be given, depending on the severity of the violation.
For example, if Affiliate violates a law, no prior notice or right to cure
will be required. Renewal comissions will not be paid if the Agreement is
no longer in force.
- Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, CandiNet
AND AFFILIATE EACH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF
ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
- Indemnification. Affiliate and CandiNet each agree to indemnify,
defend and hold harmless the other from and against any third party claim,
action, suit, or proceeding arising out of the inaccuracy of any respective
representation stated in above paragraphs. Such indemnity shall apply to all
losses, damages, liabilities, and reasonable attorney's fees and costs incurred
by the party receiving the benefit of this paragraph.
- Limitations on Liability. Except for each party's respective indemnity
obligations in the above section, in no event shall either party be liable
for any special, incidental or consequential damages, or for interrupted communications,
lost data or lost profits, arising out of or in connection with this Agreement.
Affiliate expressly agrees that use of Provider’s services is at Affiliate's
sole risk. Provider, its employees, affiliates, agents, third-party information
providers, merchants, licensers or the like, warrant that Provider’s Domain
Registration Service will not be error free; nor do they make any warranty
as to the results that may be obtained from the use of the Domain Registration
Service or as to the accuracy, reliability or content of any information service
or merchandise contained in or provided through the CandiNet Domain Registration
Service, unless otherwise expressly stated in this agreement.
- Miscellaneous Provisions.
a. This Agreement will be governed by Delaware law without giving effect
to principles of conflict of laws. Both parties agree to submit to jurisdiction
in Delaware, and that any action brought regarding the enforcement or interpretation
of this Agreement shall be filed in Wilmington, Delaware. The prevailing
party in any action will be entitled to reasonable attorney's fees and costs.
b. If any provision of this Agreement is held to be unenforceable for any
reason, the remaining provisions shall remain in full force and effect.
c. The waiver of any breach of this Agreement will not operate as a waiver
of any other or subsequent breach.
d. This Agreement constitutes the entire understanding and agreement between
CandiNet and Customer. This Agreement may only be amended in writing acknowledged
by both parties.
e. Any notices required or permitted hereunder may be given by electronic
mail or fax if receipt is confirmed by the recipient, or if the notice is
also sent by first class mail. Notice will be deemed given on the date the
electronic mail is sent.
CandiNet reserves the right to reject this Agreement by notifying
Affiliate by email within 96 hours of receipt of this Agreement.
BY SIGNING THIS AGREEMENT, THE AFFILIATE (Affiliate) ACKNOWLEDGES READING
THIS AGREEMENT AND ENTERING INTO A LEGAL, BINDING CONTRACT WITH CandiNet Inc.
(CandiNet)
Please print, scan and send per eMail to Sales Office
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