Affiliate Agreement

The Affiliate Agreement ("Agreement") contains the entire terms and conditions that apply to an individual's or entity's participation in the ReallyGreatWebsites.com Affiliate Program (the "Program"). By enrolling in the Program, you are agreeing with the terms and conditions noted herein.

1. Definitions

"We, we", means ReallyGreatWebsites.com
"the Service", means the Webcenter Website Service.
"You, you", means the affiliate.

2. Links on Your Site

You will be given a special link that identifies your web site and gives you credit for sales originating from your web site. We will provide you with images and text to use in linking to our web site.

3. Commissions

We will pay you a 10% commission for every customer referred by you who purchases the Service for the first 10 Services sold, a 15% commission for the 11th through 25th Services sold, and a 20% commission on the 25th Service and each Service sold after the 25th sale. Your commissions will be paid on the last day of the month after the month that the Service has been purchased in the form of a company check. However, if you live outside of the U.S. and your commissions payable are less than $90, we will hold those commissions until the total amount due is $90 or until this Agreement is terminated. One commission amount is paid per sale (non reoccurring). Any returns or cancellation of the Service per ReallyGreatWebsites.com Guarantee and Terms of Service which results in a refund of the purchase price will disqualify commissions earned on the sale that was returned.

4. Promotion

You are free to promote the link to theReallyGreatWebsites.com web site in all ways possible, excluding inappropriate internet marketing techniques, such as sending unsolicited email, inappropriately posting in newsgroups, posting the link on banned websites (those having a Google Ranking greyed out), posting the link in link farms, or discussion forums and participating in any other format of spam. Violations will result in immediate termination of this Agreement.

5. Limited License

We grant you a limited, non-exclusive, non-transferable license, during the term of this Agreement, to use text and images, owned by ReallyGreatWebsites.com for the sole purpose of marketing, advertising and promoting the Service. You may not alter or modify the link or any of our images in any way without our permission. We reserve all of our rights in the icon, the message, any other images, our trade names and trademarks, and all other intellectual property rights. The license herein granted shall automatically and immediately cease upon the termination of this Agreement.

6. Term of the Agreement

The term of this Agreement will begin upon your enrollment into the Program 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 or email notice of termination. You are only eligible to earn commissions on sales occurring during the term. We reserve the right to revoke commissions owed to you and remove you from the Program at any time, without prior notice, if it comes to our attention that, in our sole discretion, your web site, company or marketing practices are unsuitable for the Program.

7. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Modifications may include, for example, changes in the scope of available commissions, commission payment schedules, payment procedures and the 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 CHANGES TO THIS AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

8. Relationship of Parties

You are an independent contractor and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between you and ReallyGreatWebsites.com.

9. 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 commissions paid or payable to you under this Agreement.

10. Disclaimers

We make no express or implied warranties or representations with respect to the Program or your potential to earn income from the Program. In addition, we make no representation that the operation of our web site or affiliate tracking system will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

11. 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 COMPETITIVE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

12. Miscellaneous

This Agreement will be governed by the laws of the United States and the State of California, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts of general jurisdiction in the state of Florida, and you irrevocably consent to the jurisdiction of such courts. 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.

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