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============================ TERMS OF AGREEMENT ============================ As an affiliate of WestHost Inc., you must agree to the following: 1) Signup Requirements WestHost Affiliates must be 18 (eighteen) years of age and supply a valid tax-id (SS# / Corp ID# / ABN). Affiliate websites must NOT contain lewd, obscene, illegal or pornographic material, or any other material that we deem to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, and any and all content of an adult nature. The designation of any materials as such described above is left entirely to the discretion of WestHost management. In addition any site selling or promoting bulk e-mail services is not allowed. 2) Link Placement Affiliate links/banners/advertisements may not be placed in newsgroups, unsolicited e-mail, banner networks, counters, chatrooms or guestbooks. Any link/banner/advertisement placed must be done in such a way that it is not misleading to any site visitor and done with the intention of delivering valid sales, leads, or clicks to WestHost. 3) Payments Affiliates are paid for each referred NEW WestHost client that remains active beyond 30 days. Any referred client canceling within 30 days will not be credited to affiliate. Referral credit cannot be combined with any other referral program offer. WestHost only gives credit for eligible Standard hosting plans and Dedicated Servers. No credit is given for Reseller Plans or Domain Registrations. Affiliates doing business or residing in the United States are required to submit a W-9 tax form if making more than $600 dollars through our affiliate program. Copy of form can be found under the "Account Info" section of the affiliate management area. Completed form should be mailed to: WestHost Inc. 164 N. Spring Creek Pkwy Providence, Utah 84332 4) Abuse/Fraud As an Affiliate, you are compensated for driving new and unique business to WestHost through your OWN efforts. WestHost has zero tolerance for abuse and fraud with regards to its services. This includes, but is not limited to order fraud, self-referrals, illegal behavior, misrepresentation of WestHost services, traffic hijacking, or any other kind of inappropriate behavior. As a WestHost affiliate you must also not optimize your Web site for the term/word "WestHost" or advertise with the term "WestHost". This would include, but is not limited to using "WestHost" in the HTML Title or Meta Tags on any page of your website, purchasing PPC (Pay Per Click) listings for the search term "WestHost", or anything else that would ultimately drive referrals that are already familiar with "WestHost". Any affiliate found to be involved in any actions not deemed appropriate by WestHost would be terminated immediately. In these cases, any unpaid referral earnings would be forfeited. 5) Spam WestHost has a zero tolerance for unsolicited e-mail of any kind. If affiliate makes any reference to WestHost in an unsolicited e-mail, advertisement, newsletter or any other direct marketing medium, their account will be terminated. This includes the use of our name, a link to our Web site, or a link to another Web site containing references to WestHost. 6) Termination of Service WestHost reserves the right at its sole discretion to refuse or cancel service. Violation this agreement could result in a warning, suspension, or possible account termination. 7) Limitation of Liability Customer agrees that it shall defend, indemnify, save and hold WestHost Inc harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against WestHost Inc its agents, its clients, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it's agents or employees. 8) Disclaimer WestHost Inc will not be responsible for any damages your business may suffer. WestHost Inc makes no warranties of any kind, expressed or implied for services we provide. The includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by WestHost Inc and its employees. WestHost Inc also reserves the right to modify this agreement at any time. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and affiliate program rules. |