Anweb.net Partner Program Terms and Agreement
1. Anweb.net Partner Program Terms, Conditions Agreement, and
Operating Policy. The Partner Program Agreement (PPA)
may be accessed by http://www.anweb.net/partners_terms.asp.
The Partner Program Agreement (PPA)
comprises the entire agreement between Anweb.net and you, and
supersedes any prior agreements between you and Anweb.net with respect
to the subject matter of the PPA. Anweb.net may revise the PPA at any
time, and such revision shall be effective ten (10) days after notice. You agree to
review the PPA periodically to be aware of such revisions. If any such
revision is unacceptable to you, you may terminate your PARTNER status with
Anweb.net as provided in Section 9 below. Your continued use of your Anweb.net Web site following the Effective Date of any such revision to
the PPA shall be conclusively deemed as your acceptance of all such
revisions.
2. Account Info. YOU REPRESENT THAT YOU ARE AT LEAST
EIGHTEEN YEARS OLD. You are entirely liable for all activities
conducted on or through your Web Site and e-mail alias. You agree to
provide Anweb.net with accurate, complete, and updated information,
and to notify us promptly of any changes in such information. These
changes in your account information, including current e-mail address, can
be made on-line at partner area's. It is your
responsibility to keep your information current with us. All-important
notices are sent via e-mail and not receiving these documents due to an
invalid e-mail address will not be deemed a valid excuse for any reason.
Failure to provide Anweb.net with accurate, complete, or updated
information shall constitute a breach of this Agreement and unauthorized
access to any of the Anweb.net servers, and may result in immediate
termination of your account. You may not select or use a user name of another person (unless
it is also your name), a name in violation of the intellectual property
rights of a third party, or a domain name that Anweb.net deems
offensive or otherwise inappropriate. Additionally, you may not use your
domain name in violation of PPA or in ways deemed inappropriate by
Anweb.net (e.g. employing misleading advertising or unfair or deceptive
acts or practices). All Customer Domains MUST be registered in the
Customer's name, Company, and correct Company Address.
3. Charges.
You are responsible for all charges associated your PARTNER account. Any
charges made for supplies; domain names or other services/products are
your sole responsibility.
4. Rights and Responsibilities. You
acknowledge that (i) Anweb.net permits access to Content that is protected
by copyrights, trademarks, and other proprietary (including intellectual
property) rights ("Rights"), and (ii) that these Rights are valid and protected
in all media existing now or later developed and (iii) except as is explicitly
provided otherwise, your use of Content shall be governed by applicable
copyright and other intellectual property laws. You agree to use
Anweb.net only for lawful purposes. Any conduct
by an PARTNER that in Anweb.net sole discretion restricts or inhibits any
other PARTNER, Subscriber, person or entity from using or enjoying
Anweb.net or another service will not be permitted and shall entitle Anweb.net to immediately terminate
PARTNER account status without notice. Anweb.net reserves the
right to protect its PARTNER and the Anweb.net service from offensive email
communication including but not limited to the right to block mass email
solicitations (i.e. junk mail.)
5. International Internet.
(a) International Areas. Your access to and use of the International
C&S will be governed (in addition to this Agreement) by separate terms
and operating policies which conform to appropriate national laws and
customs. (b) Anweb.net retains the right but not the obligation, in
its sole discretion and without prior notice or liability, to limit the
distribution within the Anweb.net Service of emailers' unauthorized
mass email solicitations.
6. Anweb.net Software/Screen Name
Licenses. Anweb.net grants you a non-exclusive, limited license to use
the software through which you access Anweb.net ("Anweb.net
Software") only for use in connecting to your Anweb.net server from
authorized locations in accordance with this Agreement.
7. NO
WARRANTY. PARTNER EXPRESSLY AGREES THAT USE OF ANWEB.NET, ANWEB.NET
SOFTWARE, ANWEB.NET EMAIL SERVICES AND IS AT PARTNER SOLE RISK. ,
ANWEB.NETt EMAIL SERVICES AND ANWEB.NET SOFTWARE ARE
PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY
KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY
INCAPABLE OF EXCLUSION. ANWEB.NET'S ENTIRE LIABILITY AND YOUR
EXCLUSIVE REMEDY WITH RESPECT TO USE OF ANWEB.NET. ANWEB.NET
LIABILITY TO YOU FOR BREACH OF THIS AGREEMENT IS LIMITED SOLELY TO THE
AMOUNT PAID BY YOU TO ACCESS AND USE ANWEB.NET BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES ANWEB.NET LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
8. Indemnification. Upon request
of Anweb.net, PARTNER agrees to defend, indemnify and hold harmless
Anweb.net, its affiliated companies, licensees, telecommunications
providers, and ICPs from all liabilities, claims and expenses, including
attorney's fees, arising from breach of the PPA by use of, or in
connection with, the transmission by or through PARTNER Account of any Content
on Anweb.net. Anweb.net reserves the right, at its own expense, to
assume the exclusive defense and control of any matter otherwise subject
to indemnification by PARTNER hereunder, and in such event, PARTNER shall have no
further obligation to provide indemnification for such matter.
9.
Termination. Either PARTNER or Anweb.net may terminate PARTNER account at any
time. Anweb.net can only terminate PARTNER account for breach of any part
of this agreement. Terminated PARTNER's are not entitled to any residual
commissions after the effective date of termination. PARTNER notice of
termination will be effective upon receipt by Anweb.net. In the event
that a PARTNER account is terminated or canceled, no refund of any fees,
including domain name or supplies costs, will be granted and any time
credited to PARTNER account(s) is not convertible to cash or other form of
credit.
10. Commissions are paid on the second Friday of every
month and sent out via regular mail. Anweb.net will hold all funds
until your check amount reaches a minimum of $50.00. You can set this
amount higher if the cost of cashing U.S. checks is high, or for any other
reason. Commission checks that are not received by the PARTNER can be re-sent
only after the first day of the following month. Such requests should be
directed to PARTNERSt@anweb.net. PARTNER must maintain two or more
accounts ordered under their CID to continue to get commissions and or
discounts on servers. Commissions are not paid for suspended or cancelled
accounts, even if a customer pays all past due charges. To ensure accounts
are not suspended, PARTNER can view the status of their accounts at any time,
from the Client Representative Sales / Support Area. It is recommended,
but not required, that the PARTNER follow up on these past due charges.
Anweb.net does not suspend/cancel accounts until payments are 30 days
behind. For this month, PARTNER's are paid commissions whether the past due
invoices are paid or the account is cancelled. PARTNER that offer discounts to
customers by waiving or refunding part of their commissions are subject to
immediate termination, with the exception of the server setup fee for
virtual servers.
11. Law. To the extent of any conflict between
this agreement and the PARTNER, this agreement shall take precedence. Should
any part of the PARTNER be held invalid or unenforceable, that portion shall
be construed consistent with applicable law as nearly as possible to
reflect the original intentions of the parties and the remaining portions
remain in full force and effect. The laws of the State of Washington,
excluding its conflicts of law rules, shall govern the PARTNER and your
PARTNER
status. PARTNER expressly agrees that exclusive jurisdiction for any claim or
dispute resides in the courts of the State of Washington. PARTNER further
agrees and expressly consents to the exercise of personal jurisdiction in
the State of Washington in connection with any dispute or claim involving
Anweb.net.
12. PARTNER customer accounts. PARTNERs that are also
customers must remain in good standing with all open accounts. Past due
invoices not paid can result in PARTNER status being revoked and/or deduction
from future commissions.