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Affiliate Referral Agreement
This Affiliate Referral Agreement ("Agreement") is made by and between WebSTAT.com, LLC, a Utah Limited Liability Company, with its primary place of business at 1171 E. Expressway Lane, Spanish Fork, UT 84660 ("WebSTAT.com"), as operator of the World Wide Web site located at www.webstat.com ("WebSTAT.com"), and you ("Affiliate"), collectively referred to herein as the "Parties."
 
1. Purpose
Upon execution of this Agreement by the Parties, Affiliate shall be enrolled in WebSTAT.com's Affiliate Referral Program (the "Program"). The Program is intended to generate monetary rewards to the Affiliate based upon the Affiliate's referral of paying customers (the "Customer" or "Customers") to WebSTAT.com.
 
2. Roles and Responsibilities
2.1 Role of Affiliate. Affiliate hereby agrees to actively engage in the referral of customers to WebSTAT.com. Referrals may be generated by promotions, including but not limited to text or graphical hyperlinks to WebSTAT.com from Affiliate's World Wide Web site; email campaigns initiated by Affiliate to Affiliate's clients, partners and other associates; or word of mouth. Affiliate will refer Customers to WebSTAT.com for all information regarding terms and conditions of service on WebSTAT.com.

2.2 Role of WebSTAT.com. In order to facilitate Affiliate's Customer referrals, WebSTAT.com will provide Affiliate with promotional materials that may include, but are not be limited to, text advertisements with hyperlinks to WebSTAT.com and graphical ads with embedded hyperlinks to WebSTAT.com. In addition, WebSTAT.com will monetarily compensate Affiliate according to the terms set forth in Section 4 of this Agreement.
 
3. Qualification of the Customers
In order for Affiliate to receive commission for referral of a Customer to WebSTAT.com, the criteria set forth in Sections 3.1 through 3.2 of this Agreement must be met. Determination of a Customer's qualification under the conditions set forth in Sections 3.1 through 3.2 of this Agreement shall be at the sole discretion of WebSTAT.com, and all decisions pertaining to the determination of a Customer's qualification to be counted toward Affiliate's referral commissions shall be considered final.

3.1 Failure to Collect Customer's Funds. In the event that WebSTAT.com is unable to redeem the Customer's method of payment of initial deposit, due to, but not limited to, failure of Customer's creditor to honor a credit card sales draft, Customer shall be immediately deemed ineligible as a commissionable referral for Affiliate.

3.2 Reporting of Affiliate as Referrer. In order for Affiliate to receive payment of commission for referring any Customer, the Customer must identify Affiliate to WebSTAT.com at the time at which the Customer completes the WebSTAT.com Customer sign-up process. Identification of Affiliate as the referring entity may be accomplished by either of two means, as outlined in Sections 3.2.1 and 3.2.2 of this Agreement.

3.2.1 Referring Link. The Customer may identify Affiliate to WebSTAT.com by clicking on a hyperlink provided by Affiliate and completing the WebSTAT.com Customer sign-up process at the time that said hyperlink is activated. In order to qualify, the hyperlink provided by Affiliate to the Customer must contain the exact Universal Resource Locator provided by WebSTAT.com to Affiliate upon Affiliate's acceptance into the Program (the "Referring Link"). WebSTAT.com will not be held liable for any errors in the Referring Link that occur as a result of actions taken by either Affiliate or the Customer.

3.2.2 Unique Identifier. During the WebSTAT.com Customer sign-up process, the Customer may enter Affiliate's unique identifier in the space designated for such information. A unique identifier in the form of a numeric code will be assigned to Affiliate upon Affiliate's acceptance into the Program.
 
4. Commissions
WebSTAT.com will pay Affiliate a commission for each qualifying Customer providing the Customer remains a paying client of WebSTAT.com for a minimum time period of thirty (30) days, such time period shall be considered to begin upon completion of the WebSTAT.com Customer sign-up process. In the event that the Customer elects to terminate Customer's WebSTAT.com account within 30 days, no commission shall be due or paid to Affiliate. Commission rates are determined by the program selected by Affiliate:

Program A: WebSTAT.com will pay Affiliate a one-time sum equal to ten dollars per qualifying Customer, providing the Customer remains a WebSTAT.com customer for a minimum time period of thirty (30) days. Payment will be made when balance owed to Affiliate reaches a minimum of thirty dollars.

Program B: WebSTAT.com will pay Affiliate a percentage-based commission for as long as Customer remains with WebSTAT.com as a paying client in good standing. Payment percentage is based on the number of active Customers referred by Affiliate in accordance with the following table:

Number of Active Referrals
Payout Percentage
1-10
20%
11-20
25%
21-30
30%
31-40
35%
41+
40%

Payment will be made when balance owed to Affiliate reaches a minimum of thirty dollars.
 
5. Disbursements
WebSTAT.com will issue Affiliate commission payments in the form of a corporate check drawn in U.S. funds by the fifteenth (15th) day of each calendar month in which Affiliate is entitled to commissions. Commissions for any individual Customer will be paid to Affiliate no sooner than thirty (30) calendar days following receipt by WebSTAT.com of said Customer's qualifying initial deposit.
 
6. Term
The term of this Agreement shall be two (2) calendar years from date of execution of this Agreement by authorized representatives of both WebSTAT.com and Affiliate.
 
7. Modification
WebSTAT.com reserves the right to modify the terms and conditions of the Program at any time and without prior notice to Affiliate. A current copy of the terms and conditions of the Program shall be maintained by WebSTAT.com at all times, and may be accessed on the World Wide Web via the following Universal Resource Locator: http://www.webstat.com/affiliate/terms.php
 
8. Governance
This Agreement shall be governed by the laws of the State of Utah and any and all disputes arising from this Agreement, whether initiated by WebSTAT.com or Affiliate, shall be filed with a court with its primary facility located in Utah County, Utah.
 
9. Recovery of Expenses
In any action at law or in equity to enforce any of the provisions or rights under this Agreement, the prevailing party shall be entitled to recover from the unsuccessful party all costs, expenses and reasonable attorneys' fees incurred by the prevailing party, including, but not limited to, such costs, expenses and fees on appeal; if such prevailing party shall recover judgment in any such action or proceeding, such costs, expenses and fees, including those of expert witnesses and attorneys' fees, shall be included as part of the judgment.
 
10. Control of the Agreement
This Agreement shall be construed without regard to the identity of the person who drafted its various provisions; each and every provision of this Agreement shall be construed as though each of the Parties participated equally in drafting same, and any rule of construction that a document is to be construed against the drafting party shall not be applicable to this Agreement.
 
11. Scope
This Agreement represents the sole representations of the Parties and supersedes any and all previously made warrants and conditions, expressed orally or in written documents, pertaining to the relationship between the Parties.