Affiliate Program/TOS
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[edit] Network Redux Affiliation Program's TOS
To be an authorized affiliate of Network Redux, LLC, you agree to abide by the terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the Network Redux, LLC service as an affiliate. By signing up for the Network Redux, LLC affiliate program, you indicate your acceptance of this agreement and its terms and conditions.
[edit] Relationship of Parties
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Network Redux and its affiliates. Each of Network Redux and its affiliates will be deemed a service affiliate at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
[edit] Affiliate Compensation
An affiliate will receive a one time (non-recurring) payment of $25.00 USD per referred customer which has purchased web hosting or reseller services with Network Redux, LLC. Payouts will require a minimum balance of $50.00 USD and will be made directly to the affiliate's Paypal account.
If a referred customer should request a refund within the Network Redux, LLC 30-day guarantee period, or issue a chargeback for services rendered, all compensation to this affiliate for this referral will be voided.
An affiliate may not refer themselves.
To preserve the integrity of the Network Redux, LLC systems, payment for a referral will be made to an affiliate 31 days after the referred customer has purchased hosting services.
[edit] Affiliate Responsibility
Affiliates are required to use the Network Redux network responsibly. This includes respecting the other affiliates of Network Redux. Network Redux reserves the right to suspend and/or cancel service with any affiliate who uses the Network Redux network in such a way that adversely affects other Network Redux affiliates. While Network Redux may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Network Redux does not monitor its affiliates' communications or activities to determine whether they are in compliance with the TOU. However, when Network Redux becomes aware of any violation of the TOU or other user agreements, Network Redux may take any action to stop or correct such violation, including, but not limited to, denying access to Network Redux's services and equipment or to the Internet. In addition, Network Redux may take action against a affiliate or a affiliate of such affiliate because of the activities of such affiliate. Network Redux anticipates that affiliates who offer Internet services will cooperate with Network Redux in any corrective or preventive action that Network Redux deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Network Redux policy and Network Redux reserves the right to take any such action even though such action may affect other affiliates of the Network Redux affiliate.
[edit] Indemnification
Network Redux affiliates agree to protect, defend, hold harmless, and indemnify Network Redux, any third party entity related to Network Redux (including, without limitation, third party vendors), and Network Redux's executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Network Redux, from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the affiliate's use of Network Redux's services.
[edit] Disclaimer
This Network Redux service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Network Redux expressly disclaims any representation or warranty that the Network Redux service will be error-free, secure or uninterrupted. No oral advice or written information given by Network Redux, its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Network Redux and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
[edit] LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL NETWORK REDUX (INCLUDING, WITHOUT LIMITATION, NETWORK REDUX'S EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS NETWORK REDUX, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING NETWORK REDUX'S SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR NETWORK REDUX SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY NETWORK REDUX SERVICES EVEN IF NETWORK REDUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NETWORK REDUX'S TOTAL CUMULATIVE LIABILITY, IF ANY, TO affiliate, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR NETWORK REDUX'S SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY NETWORK REDUX OR NETWORK REDUX'S REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL DOLLAR AMOUNT PAID BY THE affiliate FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
[edit] Modifications
Network Redux may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide affiliates with Network Redux's services. Certain changes to Network Redux's services may affect the operation of affiliates' personalized applications and content. Each affiliate is solely responsible, and Network Redux is not liable, for any and all such personalized applications and content, except as expressly agreed to by Network Redux.
[edit] Governing Law and Severability
The TOU, and any other agreement for Network Redux services, will be governed by and construed in accordance with the laws of the State of Oregon, USA without reference to its conflicts of laws principles. Any litigation or arbitration between a affiliate and Network Redux will take place in Oregon, and the affiliate will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Network Redux agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
