This Agreement contains the complete terms and conditions that apply to your participation as a member of the SERVERPOINT.COM Affiliate Program.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SERVERPOINT.COM. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGRREMENT AND YOU AGREE TO BE BOUND BY THE TERMS HEREOF. YOU CANNOT BECOME A MEMBER OF THE AFFILIATE PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM HEREOF. SERVERPOINT.COM RESERVES THE RIGHT TO CHANGE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PREVIOUS NOTICE.

1. Parties to this Agreement. SERVERPOINT.COM is a d.b.a. of A+ Hosting Inc., a Nevada Corporation. This agreement is entered into by SERVERPOINT.COM and each of its Affiliate(s). "You", "Your" refers to each and every affiliate or sub-affiliate of the SERVERPOINT.COM affiliate program. Participation in the program constitutes full and complete acceptance of the agreement set forth herein.

2. Enrollment in this Program. To join the affiliate program, you must complete and submit the Affiliate Program Application form. You account will be evaluated in good faith to ensure you comply with our agreements and policies. Any account can be rejected if we determine that the site is unsuitable for this Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement.

3. Links and Tracking. Upon your acceptance, SERVERPOINT.COM will provide you with a URL coded to specifically identify you, which will allow you to create a link to SERVERPOINT.COM web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.

SERVERPOINT.COM will track the customers referred to SERVERPOINT.COM via the link provided to you for that purpose. SERVERPOINT.COM will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.

4. Affiliate Responsibilities.

1. Minimum Age: You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the SERVERPOINT.COM affiliate program does not violate any law, ordinance, regulation or standard.
2. Operative Link: You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify SERVERPOINT.COM if your coded URL ceases to function or ceases to function properly.
3. Representations: You agree that you will not make any representations, promises, warranties or other statements about SERVERPOINT.COM or SERVERPOINT.COM web site, products or policies other than as may be expressly approved in writing by SERVERPOINT.COM or as other wise provided to you by SERVERPOINT.COM for that purpose.
4. Violations: You may not violate any copyright, trademark or other intellectual property right of SERVERPOINT.COM or any other party and you must comply with all SERVERPOINT.COM policies and conditions.
5. Amendments: You agree that SERVERPOINT.COM may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking this page on a periodic basis.
6. Customers of SERVERPOINT.COM: SERVERPOINT.COM will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers for web hosting and related services shall be directly and solely between customer and SERVERPOINT.COM. SERVERPOINT.COM shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate. All SERVERPOINT.COM customers, regardless of origin or referral, are the sole property and responsibility of SERVERPOINT.COM.

5. Commissions.

1. Commission Rate: Commissions are paid on a one-time basis for each new account purchased via your coded URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. Commissions are paid on new accounts only (current or previous customers of the company are not eligible) and not on any subsequent renewal or subsequent signups of a referred customer. A commission is not finalized or authorized to be paid until it becomes a Qualified Commission and the commission account balance reaches the minimum level.
   

   You earn $60.00 for every new shared hosting customer you refer to ServerPoint.Com.

   
   
   

   Offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by SERVERPOINT.COM Staff.

   The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.

2. Qualified Commission: A "qualified commission" is one for which the new account which is the subject of the commission has remained in good standing continuously for at least 180 days from its inception. SERVERPOINT.COM shall make all decisions as to whether any commission is a "qualified commission." If at any time after a commission has been awarded and/or paid and the related customer's account is terminated or canceled, due to chargeback or any other violation of our agreement and policies, this commission will be revoked and subtracted from any standing or future commissions account balance you may have. We reserve the right to withhold payment for an extra reasonable time to ensure that the correct amount is paid and to validate any suspicious account.
3. Payment Date: Payments will only be paid once your commissions account balance reaches a minimum level of at least Three Hundred and Seventy Five Dollars ($375) owed and the commission has become a qualified commission. SERVERPOINT.COM shall make no payment to you until the minimum balance and qualified commission status has been reached.
4. No Internal Sales: You understand and agree that you will not earn a commission on the purchase of your own accounts.
5. Payment Form: Commissions can be paid in any of three available methods. These are by check (drawn on a United States bank and in US Dollars), or through a PayPal account.
   Checks are sent to the address you provide at registration. Any changes to this address must be sent via our ticket system. SERVERPOINT is not liable or responsible for any inability or cost associated with accepting or claiming this check. A check mailing fee will be applied depending on postage charge.
   For payments to be made through PayPal, you must provide us with your affiliate username and your PayPal ID.
   
6. Tax Regulation: Due to the tax laws though the Internal Revenue Service (IRS), the United States Department of Treasury requires that every individual or corporation who is receiving affiliate commissions must submit a completed and signed W8 or W9 form. Before we can conduct affiliate payouts, we must have the completed and signed form in our possession and made available to IRS. You may download a blank W8 document here, or a blank W9 document here.
   The W9 form is for US residents whereas the W8 form is for international affiliates. To avoid any delays in your affiliate payments, please submit the appropriate document, properly filled out and signed, to one of the following resources:
   
   • Via fax to 1-888-522-6740
   • Send a scanned copy via our ticket system. Use the subject "AFFILIATE IRS FORM".
7. Cookie retention: Cookies will be used to track visitors coming to our web site from your affiliate links. These cookies are set to last for a period of 180 days.

6. Ownership and Licenses.

1. Property Ownership: Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.
2. License: SERVERPOINT.COM grants you as an affiliate a revocable, non-exclusive license to use the links and images located in the "Marketing Materials" section of your Affiliate Control Panel which were prepared specifically for this purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.
3. Cease use upon Demand: You agree to immediately cease the use of any mark upon request made by SERVERPOINT.COM and you agree to immediately cease the use of any link created by you to SERVERPOINT.COM upon request by SERVERPOINT.COM.
4. Responsibility for Your Site: You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: (a) Unsolicited mass e-mail solicitations, including but not limited to, newsgroup spam, IRC postings, bulk email or other methods that violate the anti-spamming policies of SERVERPOINT.COM or state law; (b) Provide inaccurate or incomplete information to SERVERPOINT.COM concerning your identity, address or other required information; (c) Attempt to cheat, defraud or mislead us in any way; (d) Misrepresent to the public the terms and conditions of our sites or your sites; (e) Engage in popup advertisement network activities; (f) IFrames may only be used on pages or sites in which the other content represented on the site is related to SERVERPOINT.COM.

6. Termination.

1. Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement.
2. Effect upon Commission: Either party may terminate this agreement at any time upon notice in writing to the other party. Other than any termination under "Breach of this Agreement" herein, any commission which has become a qualified commission as of the date of such termination will be paid post termination if the commissions account balance reaches the minimum level. Any commission, which is not a qualified commission as of the date of notice of termination, shall not thereafter become a qualified commission. If the commission account balance is not reached, commission will not be paid.
3. Breach of this Agreement: The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of SERVERPOINT.COM termination of this agreement in its entirety.
4. Suspension: Suspension under this paragraph shall mean the withholding of all commission payments qualified or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by SERVERPOINT.COM will become a termination under "Breach of this Agreement" as of the date of the initial suspension.
5. Survival: Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked. The "General Section" of this agreement shall survive such termination and remain in full force and effect.

7. General.

1. Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change will be posted in this same agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
2. Authority: Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.
3. Non-Infringment: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.
4. Violation of Law: You vow to uphold the laws of your respective jurisdiction and that you will not violate any applicable law, ordinance, regulation or standard. You understand and accept responsibility to file any necessary paperwork or tax forms with the appropriate parties for any and all payments made as a result of this service and the terms and conditions set forth herein.
5. Terms of Service: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you agree to be bound by all terms and conditions of this agreement and any applicable terms and conditions set forth in the SERVERPOINT.COM Policy Section. which are incorporated herein as though set forth at length herein.
6. Unsolicited Email: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the SERVERPOINT.COM Affiliate Program.
7. Defamation/Libel: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you will not transmit any information which is or might be considered to be defamatory or libelous.
8. Decency: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene.
9. Unfair Competition: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the SERVERPOINT.COM Terms of Service.
10. Damage to SERVERPOINT.COM: You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and SERVERPOINT.COM that you will not take any action that would in any way damage SERVERPOINT.COM or otherwise compromise it's servers or equipment including utilization or otherwise transmission at any time of anything containing viruses, Trojan horses, worms, time bombs or other similar harmful or deleterious programming routines.
11. No Automatic Links: You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.
12. Representations and Warranties: You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or Internet service provider provide SERVERPOINT.COM with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
13. Warranty Disclaimer: YOU ACKNOWLEDGE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY SERVERPOINT.COM PURSUANT TO THIS AGREEMENT ARE PROVIDED AS IS, WITH ALL FAULTS AND AS AVAILABLE, AND THAT SERVERPOINT.COM MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF ON AND BEHALF OF ITS SUPPLIERS, DISTRIBUTORS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY OR EFFECTIVENESS OF ANY SERVICES OR MATERIALS PROVIDED HEREUNDER OR THAT THE SERVICES PROVIDED HEREUNDER WILL BE UNINTERRUPTED, ERROR FREE OR AVAILABLE THROUGH ANY PARTICULAR METHOD OF DISTRIBUTION, OR THAT ANY SERVICES OR MATERIALS PROVIDED PURSUANT TO THIS AGREEMENT WILL WORK WITH EVERY INTERNET BROWSER, OR THAT DEFECTS HAVE BEEN OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, AND EXCEPT AS OTHERWISE PROVIDED HEREIN, SERVERPOINT.COM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT WILL SERVERPOINT.COM BE LIABLE TO YOU FOR ANY SERVICE FAILURE, DISRUPTION, DOWNTIME OR INCORRECT LINKAGE UNDER THIS AGREEMENT. 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.
14. Limitation of Liability: IN NO INSTANCE SHALL SERVERPOINT.COM BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT SERVERPOINT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party liability to the other for (i) willful or malicious misconduct; (ii) gross negligence; (iii) indemnification (15) or (iv) either party's liability for death or personal injury or their own acts of fraud.
15. Indemnification: You agree to indemnify, defend and hold harmless SERVERPOINT.COM and its affiliates, directors, officers, employees, agents, successors and assigns harmless of and from any and all liability, losses, damages, injuries, claims or expenses (including attorney's fees and expert witness charges) arising out of any claimed or alleged action or inaction toward any third party whether such claimed or alleged action or inaction arises out of a claim of misuse of copy written materials, License violation, domain misuse, trademark misuse or any active or passive negligence.
16. Relationship of Parties: Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.
17. Confidentiality: We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to SERVERPOINT.COM, customer and vendor lists relating to SERVERPOINT.COM and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
18. Binding Arbitration: By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against SERVERPOINT.COM / A+ Hosting Inc. or its subsidiaries in conjunction with this program. An arbitration firm selected by SERVERPOINT.COM / A+ Hosting Inc. will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.
19. Choice of Venue: This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of Nevada. Any action to enforce this Agreement shall be dealt with by the appropriate court of competence within Clark County.
20. Severability: The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.
21. Miscellaneous: Terminated accounts cannot later apply to the Program without our express written consent. SERVERPOINT.COM reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high charge back/cancellation ratio. SERVERPOINT.COM will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple SERVERPOINT.COM affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the SERVERPOINT.COM in-house affiliate program and also open a SERVERPOINT.COM affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. 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.
22. Integration: This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by SERVERPOINT.COM on the SERVERPOINT.COM web site.
23. Use Constitutes Full Acceptance and Signature: Your agreement to the terms set forth herein is manifested by any participation in the SERVERPOINT.COM affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by SERVERPOINT.COM without notice to any other party other than changing the agreement itself made available by SERVERPOINT.COM to the affiliates on the SERVERPOINT.COM web site.

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