Alldigitalnet Technologies > Business Referral Program

This program is perfect for Graphic Arts Companies, Advertising Agencies, Public Relations Firms, Marketing Companies, Investor Relations Firms, Hosting Companies and even Web Site Design Companies.

We can provide complete web site design, database integration, hosting and marketing services to your clients or we can simply supplement the services you offer and we will pay you cash for your referrals. Plus, your clients will thank you!

Associates Agreement

1. Enrollment

To begin the enrollment process, you will submit a complete Program application via our Site. We will evaluate your application and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your Site is unsuitable for the Program.

We may also reject your application if we determine (in our sole discretion) that it would be inappropriate or unsuitable for you send emails to your customers with a description of our Services.

2. Links to Our Site

Once you have been accepted into the Program, we will provide you with special "tagged" link to be used on your site. You will earn referral fees only with respect to activity on our site occurring directly through this "tagged" Link; we will not be liable to you with respect to any failure by you to use Connected Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement. You acknowledge that, by participating in the Associates Program and placing any of the Connected Links within your site, Alldigitalnet.com may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Alldigitalnet.com's program constitutes your specific and unconditional consent to and authorization for Alldigitalnet.com's access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in Alldigitalnet.com's Privacy Policy located at http://www.alldigitalnet.com/privacy.html

4. Referral Fees

We will pay you a referral fee based on our current referral fee schedule on Web Development and Design Services by customers. The current referral fee is 15% of the direct revenue generated by a subscribing customer to us for a period of six months from the date of customer's initial subscription for Services ("Referral Fee"). Revenue shall not include any costs associated with taxes, service charges, credit card processing fees and bad debt.

5. Payment

We will pay you referral fees 30 days after final payment for services has been received. In the event of a charge back we will deduct the corresponding Referral Fee from your next payment. If there is no subsequent payment, we will send a bill for the Referral Fee.

6. Policies and Pricing

Customers who subscribe to Services through this Program will be deemed to be customers of Alldigitalnet.com. Accordingly, all Alldigitalnet.com's rules, policies, and operating procedures concerning customer subscriptions and customer service 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.

7. Restrictions on the Service

Except as provided in the Site, no part of any content or software on the Services may be copied, downloaded, recorded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without our express written permission.

10. 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. For example, you will be solely responsible for:

• The technical operation of your site and all related equipment
• Posting our Service descriptions on your site and linking those descriptions to our Site
• The accuracy and appropriateness of materials posted on your site (including, among other things, all Service-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 in bad taste, libelous or otherwise illegal
• Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers
• Any emails you choose to send, and such emails shall be in accordance with the terms of our privacy policy and your privacy policy and all applicable laws, promoting the use of our Services

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 and any emails you send related to the Services.

11. Term of the Agreement

The term 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. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Alldigitalnet.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn Referral Fees only on our revenues from Services that occur during the term, and Referral Fees earned through the date of termination will remain payable only if the related subscriptions are not canceled and payment is collected. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. Modification

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 amount of available Referral Fees, 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.

13. Relationship of Parties

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.

14. Limitation of Liability

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.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any Services subscribed to through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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.

16. Independent Investigation

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. YOU REPRESENT THAT YOU ARE NOT A CURRENT EMPLOYEE OF OURS.

17. Arbitration

Any dispute arising out of or related to this Agreement, which cannot be resolved by negotiation, shall be settled by binding arbitration in accordance with the American Arbitration Association as amended by this Agreement. The costs of arbitration, including the fees and expenses of the Arbitrator, shall be shared equally by the parties unless the arbitration award provides otherwise. Each party shall bear the cost of preparing and presenting its case. The parties agree that this provision and the Arbitrator's authority to grant relief shall be subject to the United States Arbitration Act, 9 U.S.C. 1-16 et seq. ("USAA"), the provisions of this Agreement, and the ABA-AAA code of Ethics for Arbitrators in Commercial Disputes. In no event shall the Arbitrator have the authority to make any award that provides for punitive or exemplary damages. The Arbitrator's decision shall follow the plain meaning of the relevant documents, and shall be final and binding. The award may be confirmed and enforced in any court of competent jurisdiction. All post-award proceedings shall be governed by the USAA.

18. Miscellaneous

This Agreement will be governed by the laws of the United States and the Sate of Nevada, without reference to rules governing choice of laws. The UN Convention for the International Sale of Goods shall not apply to this Agreement in whole or in part. 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 be 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.

These terms were last updated on August 1, 2005.

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