Marketing Partner Agreement

PowerSoloHosting.com

Web Site Affiliate Agreement

This Affiliate Agreement contains the terms and conditions that apply to an individual's or entity's participation in the (PowerSoloHosting.com) referral program (the "Program"). This Agreement covers the establishment of a PowerSoloHosting.com Internet portal or "link" on the applicant's site on the World Wide Web (the "Web"). Throughout this Agreement, (PowerSoloHosting.com) will be referred to as "(PowerSoloHosting.com)", "we" or "our"; and the referral partner will be referred to as "the Referral Partner", "you" or "your". (PowerSoloHosting.com)'s site on the World Wide Web is referred to herein as "our web site"; your site on the World Wide Web is referred to herein as "your web site" or "Referral Partner Web Site".

1. Commencement

To participate in PowerSoloHosting.com's Program you must complete the online application found on the site: http://www.PowerSoloHosting.com/affiliates.html and agree to all the terms of this operating agreement. PowerSoloHosting.com may reject any application for any reason. PowerSoloHosting.com will reject any application to place its link on a web site that contains, in PowerSoloHosting.com 's sole opinion, any objectionable content. Objectionable content includes content that is unlawful in any manner, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory, or is otherwise objectionable. PowerSoloHosting.com will also reject applications to place its link on a web site that contains links to and advertisements for web sites with objectionable content, gambling sites and casinos.

2. Display of PowerSoloHosting.com's Link

We will provide to you the technical specifications and other information and logos necessary to establish PowerSoloHosting.com's banner, link or Uniform Resource Locator (URL) on your web site. You agree to display prominently PowerSoloHosting.com's graphical image file as provided by PowerSoloHosting.com on one or more pages on your web site. You expressly agree that PowerSoloHosting.com's name, trademark, logo or any other identifying material will appear on your web page (or on any other web page under your control) only in the form supplied by PowerSoloHosting.com. PowerSoloHosting.com's graphical image file will provide a link only to a URL to which PowerSoloHosting.com has agreed. PowerSoloHosting.com may cancel this Agreement at any time if your display of PowerSoloHosting.com's logo, trademark or other identifying material does not meet with PowerSoloHosting.com's approval. Upon notice from PowerSoloHosting.com you must immediately remove all references to PowerSoloHosting.com, including its name, logo, trademark, service mark or any other identifying material from your web site immediately.

3. Referral Commissions

For each customer who visits PowerSoloHosting.com's web site through the link at your web site, or is referred to PowerSoloHosting.com in writing or by email, and who purchases PowerSoloHosting.com products (Products) from PowerSoloHosting.com as a result of such link or referral, the customer will pay to you a 20% commission per customer account. In order to be eligible for a referral commission, the customer must purchase Products from PowerSoloHosting.com through the link at your site or through written contracts or referral. At PowerSoloHosting.com sole discretion, may refuse any customer.

4. Payment of Referral Commissions

You will receive payment of your referral commission 30 days after customers payment to our account, provided you have supplied a valid paypal address in your affiliate profile.

5. Customer Applications

Each customer who visits the PowerSoloHosting.com web site through the link at your web site, or is referred to PowerSoloHosting.com in writing, must fill out a customer information sheet and be approved by PowerSoloHosting.com or its carrier for service. All customer information is the sole and exclusive property of PowerSoloHosting.com and the customer applicant. You do not have any right to either (I) participate in any aspect of the information process, or (ii) receive any of the customer's personal information. This policy specifically prohibits, without limitation, you from receiving customer information directly from customers and subsequently forwarding the customer information to PowerSoloHosting.com. Of course you may request personal information from customers directly related to your own activities, registrations, promotions or the like, but v will never reveal any personally identifying information about customers or a customer applicant to you. (See Section 15).

6. Policies

Once a customer provides PowerSoloHosting.com with customer information, that customer will be deemed to be a customer of PowerSoloHosting.com for all purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. PowerSoloHosting.com may change any of its policies or procedures at any time, in accordance with applicable law.

7. Customer Privacy

PowerSoloHosting.com may be subject to rules and regulations; including without limitation, the Privacy Statement on PowerSoloHosting.com's web site, which specifies how PowerSoloHosting.com may or may not treat a customer's personal information. You understand that PowerSoloHosting.com 's web site and policies are created and operated to abide by all such rules and regulations and you agree to defend, indemnify and hold harmless PowerSoloHosting.com (in accordance with Section 11) from any of your violations of a customer's privacy rights.

8. Sales Reports

You can view your sales from your affiliate manager area.

9. License Agreement

Upon our acceptance of your application we will grant to you a limited, revocable, nonexclusive, non-transferable, non-assignable right to use PowerSoloHosting.com 's icon, logo and other images and materials relating to PowerSoloHosting.com (the "License"), which PowerSoloHosting.com provides to you for the limited purpose of fulfilling this agreement. You may not modify any of PowerSoloHosting.com's images, including, but not limited to its icon or logo. This License is subject to the terms and conditions of this Agreement and is limited to the sole purpose of participating in the Program, promoting PowerSoloHosting.com's products and services on your web site, and for no other purpose. PowerSoloHosting.com expressly reserves all of its rights in and to its trademarks, trade names, icon, logos and other intellectual property. PowerSoloHosting.com may revoke this license at any time by giving you written notice.

10. Site Maintenance

You are solely responsible for maintaining your web site. PowerSoloHosting.com has no responsibility for the development, operation or maintenance of your web site. You are responsible for all technical operations of your web site, including, without limitation, ensuring that your web site does not contain libelous or objectionable material, and ensuring that all material on your web site is legal and does not infringe on the rights of any third party (including copyright or trademark rights) or the rights of any customer. PowerSoloHosting.com is not responsible for any of these duties and you agree to defend, indemnify, and hold harmless PowerSoloHosting.com, its directors, officers, employees and representatives from and against any and all claims, actions, causes of action, damages, injuries, expenses (including attorney's fees) relating to the development, operation, content and maintenance of your web site, including, without limitation, any breach of a customer's privacy rights or any unauthorized use by you of PowerSoloHosting.com 's icon, logo and other images and materials relating to PowerSoloHosting.com.

11. Term

This agreement is effective at the time your application is, at the sole discretion of PowerSoloHosting.com, accepted by PowerSoloHosting.com and you are notified of such acceptance either in writing or electronically. Either party, with or without cause, may terminate this Agreement by giving the other party 30 days written notice of the termination. Referral commissions will be paid only on accounts, which are eligible under this Agreement, pursuant to Section 4, at or prior to the time of termination. Upon termination of this Agreement, your License will expire immediately.

12. Modification of Agreement

PowerSoloHosting.com may modify this agreement at any time by posting a change on our web site or notifying you by email. PowerSoloHosting.com may change any of the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the referral commission structure, payment procedures, and PowerSoloHosting.com Referral Partner Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the PowerSoloHosting.com Referral Partner Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

13. Modification of Banner

PowerSoloHosting.com, at its sole discretion, may change the "look and feel" of the banner or link that you have placed on your web site. If you object to the new "look and feel" of the banner that is on your site, PowerSoloHosting.com will direct you to an area on its web site where other banners will be available for downloading.

14. Relationship of Parties

You and PowerSoloHosting.com are independent contractors for all purposes. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to act on PowerSoloHosting.com's behalf. Your display of PowerSoloHosting.com's logo and/or trademark as well as all other content on your web site, or any direct contact you have with any customer or customer account applicant must not contradict this fact.

15. Publicity

You shall not create, publish, distribute, or permit any written or electronic material that makes reference to PowerSoloHosting.com without first submitting such material to us and receiving our written consent.

16. Limitation of Liability

We will not be liable for indirect, special or consequential damages (or loss of revenue, profits, or data) arising in connection this Agreement even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable to you under this Agreement.

17. Disclaimers

We make no express or implied warranties or representations with respect to the Program or this Agreement or any products or services sold by PowerSoloHosting.com. In addition, we make no representation that the operation of our web site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

18. Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of the State of PA, without giving effect to any principles of conflicts of law. PA shall be the proper place of venue for all suits to enforce this Agreement, and any legal proceedings to enforce the provisions hereof shall be brought EXCLUSIVELY in the District Courts of PA.