Affiliate Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND PERSONAL WEBSITE ("Personal-Website") AND BY SUBMITTING AN APPLICATION TO THE PERSONAL WEBSITE AFFILIATE PROGRAM YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

Overview
This Agreement contains the complete terms and conditions that apply to you as an affiliate in Personal-Website Affiliate Program. The purpose of this Agreement is to allow commission payments to be earned through the linking between your web site and Personal-Website's web site. Throughout this Agreement, "we," "us," and "our" will mean Personal-Website, and "you," "your," and "yours" will mean the affiliate.

As an Affiliate:
The maintenance and the updating of your site will be your responsibility. As a member of Personal-Website's Affiliate Program and the information within Personal-Website may be updated often, it may be necessary for you to update the content of your site to maintain consistency and accuracy between the Personal-Website site and your site. Because price changes may affect services that you already have listed on your site, you may not include price information in your service descriptions. We cannot guarantee the availability or price of any particular service.

It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law.

We will evaluate your web site in good faith and will notify you if there are any exceptions to your participation in the program. We may reject your application if we determine that your site is unsuitable for the program. Unsuitable sites would include those that:

• Promote sexually explicit materials and/or offer links, directories, or redirections, to other sites that do so.
• Promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, in addition to offering links, directories, and redirections, to other sites that do so.
• Promote illegal activities that violate intellectual property rights, in addition to offering links, directories, and redirections, to other sites that do so.
• Promote the pirating of software (warez), cracks and/or registration codes, in addition to offering links, directories, and redirections, to other sites that do so.

If we reject your application, you are welcome to reapply at a later time.

As an Affiliate:
The Things You Need To Know and Understand

We reserve the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to your site that we feel should be made or to make sure that your links to our web site are appropriate, and to notify you of any changes that we feel should be made.

Customers who purchase services through Personal-Website's Affiliate Program will be considered customers of Personal-Website. All Personal-Website's terms of service will apply to those customers. We may change our policies and operating procedures at any time. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment.

This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder. Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.

We may modify any of the terms and conditions in this Agreement, at any time in our sole discretion. In such an event, you will be notified by email and a change notice will be posted. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Personal-Website's Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

As an Affiliate:
What You Receive in Payment and to Personal-Website

Fee payment is to Personal-Website for Database, Hosting, and Domain:

Fee collections: You will collect on your clients websites just as you would any other business. Everything is in your business name including your clients.

Important: If for some reason you go out of business Personal-Website retains the clients unless you sell it to someone who uses our services. We also retain the right to not allow your clients to be transferred to a competitor to be used on their programs who are competitors of ours.

You will be given a Username and Password so that you may enter the Login Area, located at http://yourdomainname.com/cgi-bin/tadmin.cgi. From this site you will be able to view all of your clients and control the information and monitoring of their sites including residual fees.

Grant of Licenses

We grant to you a non-exclusive, non-transferable, revocable right to if you choose:
(i) grant your end users access to our site through HTML links solely in accordance with the terms of this Agreement and
(ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you for such purpose.

You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Personal-Website's Affiliate Program. All uses of Licensed Materials by you shall be subject to the Personal-Website trademark usage guidelines as will be provided to you from time to time. You agree that all uses of the Licensed Materials will be on behalf of Personal-Website and the good will associated there will be to the sole benefit of Personal-Website. You grant to us a non-exclusive right to utilize your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner our rights under this Agreement. However, Personal-Website is under no obligation to so advertise, market, promote, or publicize. All uses by us of such names, titles, and logos shall be subject to your trademark usage guidelines as will be provided by you to us from time to time. We agree that all uses of your names, titles, and logos will be on your behalf, and the good will associated therewith will be to your sole benefit. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.

As An Affiliate:
More Things You Need To Know and Understand

Disclaimer: PERSONAL WEBSITE MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING PERSONAL WEBSITE, THE PERSONAL WEBSITE WEB SITE, OR SERVICES PROVIDED THEREON, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

REPRESENTATIONS AND WARRANTIES

You represent and warrant that: This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; and You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

Limitations of Liability: WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL THE PERSONAL WEBSITE CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL REFERRAL FEES PAID TO YOU UNDER THIS AGREEMENT.

Indemnification: You agree to indemnify and hold harmless Personal-Website and its employees, representatives, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against Personal-Website based on or arising from any claim:
(i) resulting from your breach of this Agreement, or
(ii) resulting from your violation of any third-party intellectual property right (including any copyright, patent, trademark, or trade secret) or misappropriation of any third-party material (including any use by Personal-Website of materials provided by you), or
(iii) resulting from any of your defamatory, or libelous acts, or
(iv) resulting from your violation of any third-party right of publicity or privacy. You will pay any and all costs, damages, and expenses, including, but not limited to, reasonable attorneys' Fees and costs awarded against or otherwise incurred by Personal-Website in connection with or arising from any such claim, suit, action, or proceeding.

Miscellaneous: Each party shall be deemed to be an independent contractor with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship. Neither party may assign their rights or obligations under this Agreement to any party, except to a third party who obtains all or substantially all of the assigning party's business or assets. This Agreement will be governed by the laws of the United States and the state of Florida, 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 Orlando, Florida, and you irrevocably consent to the jurisdiction of such courts.

You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. This Agreement represents the entire Agreement between us and you, and shall supersede all prior Agreements and communications of the parties, oral or written. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.

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.

YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIM PROVISIONS OF THIS AGREEMENT PRIOR TO ACCEPTING THIS AGREEMENT. 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.

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