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.