Affiliate Terms of Service
Referral Agreement May 2013
CREXENDO AFFILIATE PARTNER PROGRAM TERMS & CONDITIONS
1. Definitions
a. “Crexendo” means Crexendo Business Solutions, Inc.
b. “Affiliate” means individual or company that provides Crexendo information of a potential new Crexendo customer provided to Crexendo Affiliate can use its Web site by maintaining a link provided by Crexendo to drive traffic to Crexendo’s Web site to potentially earn additional financial compensation. Compensation will be based on sales as defined herein made by Crexendo
c. “Referee” means the individual or company referred to Crexendo by the Affiliate that becomes a Crexendo customer.
d. “Crexendo Affiliate Partner Program” The Crexendo Affiliate Partner Program is valid only for Affiliate Partners on service activations for customers that have been originally referred by the Affiliate. The Affiliate cannot be an owner, employee, or agent of the Referee. All Affiliate Partners must be submitted by electronic format or other format approved in writing by Crexendo. The Affiliate cannot be a Crexendo employee or family member of a Crexendo employee. All Affiliate Partners must be approved by Crexendo in its sole reasonable discretion.
2. The Affiliate is an independent contractor. Affiliate is not an agent, employee, joint venture or partner of Crexendo. Affiliate cannot make representations about the Crexendo products, services or this program. . Any Referee that becomes a customer of Crexendo by being referred to the service is a customer of Crexendo, not the Affiliate, for the services procured from Crexendo.
3. Payment. The Affiliate will be paid residually with the following terms;
_____ 10% of the monthly service amount that Crexendo charges the customer (not including taxes or fees) for as long as the customer receives service from Crexendo, if Affiliate Partner chooses to put a link on their website to promote Crexendo.
4. Cancellation. Misuse of the Crexendo Affiliate Partner Program may result in the disconnection of Crexendo Affiliate Partner Program and forfeit of the offer(s). Crexendo may modify or cease its Affiliate Partner program at any time. Crexendo reserves the right to terminate anyone as an Affiliate if in its sole determination for any reason including the appearance or content of the Affiliate’s web site.
5. The Affiliate Partner Program is subject to the Crexendo Terms and Conditions of service as posted and periodically updated on the Crexendo website at http://www.crexendo.com/affiliatepartnertermsofservice. All service to end users is subject to the then current terms of service.
6 DISCLAIMER OF WARRANTIES. CREXENDO MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AGREEMENT OR ANY SERVICES OR PRODUCTS THAT MAY BE INVOLVED AT ANY TIME WITH THIS AGREEMENT. CREXENDO DISCLAIMS WARRANTIES (INCLUDING, WITHOUT LIMITATION), FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE OR USAGE.
7 DISCLAIMER OF CERTAIN DAMAGES. IN NO EVENT WILL CREXENDO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, VENDORS AND CONTRACTORS BE LIABLE FOR THE COST OF COVER OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, AGGRAVATED, Referral Agreement May 2013 PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, INFORMATION, REVENUE, PROFIT OR BUSINESS) ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICE OR OTHERWISE, WHETHER ARISING IN FACT, LAW, EQUITY, CONTRACT, TORT (INCLUDING NEGLIGENCE AS DESCRIBED ABOVE), STRICT LIABILITY, UNDER STATUTE, UNDER WARRANTY OR OTHER THEORY EVEN IF CREXENDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. AFFILIATE EXPRESSLY ACKNOWLEDGES THAT IT IS SUBJECT TO SUCH WARRANTY, WARRANTY LIMITATIONS, AND DISCLAIMERS OF CERTAIN DAMAGES AS IF AFFILIATE WERE A CUSTOMER OF CREXENDO.
8 Any disputes arising under this Agreement or connected herewith shall solely and exclusively be settled by an arbitration to be conducted by a single arbitrator in accordance with the Rules of the American Arbitration Association then in effect. Arbitration proceedings shall take place in Maricopa County, Arizona, and the arbitrator(s) shall apply the laws of the State of Arizona to all issues in dispute. The findings of the arbitrator(s) shall be final and binding on the Parties. Judgment may be entered in any court of appropriate jurisdiction, or application may be made to that court for a judicial acceptance of the award and an order of enforcement, as the party seeking to enforce that award may elect.
Please approve and return this confirmation of acceptance of the Crexendo Affiliate Partner Program Terms and Conditions and a completed W-9 to Crexendo Business Solutions, Inc. This agreement becomes effective upon Crexendo’s receipt and acceptance of the approved agreement.
