1) Term of the Agreement:

The term of this Agreement will begin upon our acceptance of your Affiliate application 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 notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

2) Relationship of Parties:

You and 4WebHits.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or otherwise, that reasonably would contradict anything in this section.

3) Referral Commissions and Payment Procedures:

For a sale which we make as a result of a direct referral by an affiliate, that affiliate will receive a commission fee as a percentage of the selling price of the service or product sold. This is known as a first-tier referral commission.

For such a sale as described in the previous paragraph, if the affiliate who made the direct referral is a sub-affiliate of another affiliate, the second affiliate will also receive a commission fee as a percentage of the selling price of the service or product sold. This is known as a second-tier referral commission.

The amount of referral commissions due to affiliates will be calculated as a percentage of the actual selling price of the service or product sold, as follows:

Visitor Packages	First-Tier	Second-Tier
100,000 or less	20%	10%
200,000	12%	6%
500,000	9%	4%
1,000,000	6%	3%

A commission will only be credited to an affiliate after the customer has made full payment to company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to both first tier and second tier affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse Company in full for any such commissions.

Payments will be issued via PayPal secure online payment system only, made payable to the affiliate at the email address the affiliate submits in his or her online registration. Affiliates must have or create a PayPal account in order to receive payments. There is no cost to affiliate to create this account or to receive payments.

Payments will be issued approximately twenty days (20) after the end of each calendar month for all commissions earned during the month in question. If commissions earned during any calendar month are less than $50, commissions will be accumulated and held until the month in which the total amount due is at least $50, at which time payment will be issued for the complete accumulated amount.

It is the sole responsibility of affiliates to keep Company updated via their private affiliate's administration area of any changes in contact information. If a payment fails to reach an affiliate due to an affiliate's failure to update contact information, Company reserves the right the consider the commission as being paid and is not bound to issue a second payment for that commission in question.

Company reserves the right to change the terms of the above stated referral commissions and payment procedures at any time. Any such change will take immediate effect and will be binding on all affiliates regardless of when the affiliate first joined the program.

4) SPAMMING PROHIBITED:

Promoting 4WebHits.com via unsolicited email is strictly prohibited, and affiliate agrees to not reference or link to 4WebHits.com or our services in any way, shape, or form, in any email that Affiliate sends in which the recipient has not specifically asked to receive it. In the case of mailings which are conducted by a third party on Affiliates behalf, Affiliate assumes full responsibility that the mailing list is in fact 100% opt-in. Affiliate agrees that 4WebHits.com will terminate this Agreement and withhold all referral fees due if, in the sole discretion of 4WebHits.com, Affiliate is found in violation of this policy.

4) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and 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 POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

5) 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 referral fees paid or payable to you under to this Agreement.

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

7) 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 located in Detroit, Michigan, 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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