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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." |
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| 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. |
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| 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. |
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| 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.
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| 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:
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Number of Active Referrals |
Payout Percentage |
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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.
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| 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. |
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| 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. |
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| 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 |
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| 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. |
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| 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. |
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| 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. |
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| 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. |
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