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This Affiliate Agreement ("the Agreement") is made between Stirsite.com (Stir Communications Group), and you, as our Affiliate. 1. ACCEPTANCE. You agree to keep the terms and conditions outlined in this agreement. By clicking on the "I accept" button on our Affiliate Sign-Up page you indicate your acceptance of this Agreement. If you do not accept this agreement, you are not authorized to be a Affiliate, and may not use our links, graphics, and utilities on your website. 2. SIMPLE STATEMENT OF RELATIONSHIP. Stir Communications Group enters into a relationship with you as a Affiliate, to reward you with a commission each time someone makes a purchase of a 12 month website on Stirsite.com as a result of clicking on a Qualified Link on your website, according to the provisions in this Agreement. You and Stir Communications Group 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. QUALIFIED LINK means a hyperlink to the Stirsite.com website that is copied and pasted from your individual Affilate Links page. These include sophisticated HTML code. If the HTML code is altered in any way after copying from that webpage, we take no responsibility for you receiving credit for any sale. Any change you make may cause the tracking to no longer function correctly. 4. TRACKING. You agree not to challenge or dispute the sales tracking performed by the affiliate management software we select to administer this program. 5. PAY-PER-SALE. Our Affiliate Program pays the Affiliate only when a sale results from a visitor who sent by a Qualified Link on the Affiliate's website. If the sale does not occur within 180 days of the visitor passing through the Affiliate link, no payment will be made. If a visitor passes through qualified links from two different Affiliates before making a purchase, then the most recent link is credited with the sale. 6. PAYMENT RATE. The payment per sale is currently CDN$50 (50 Canadian dollars) per new 12 month paid Stirsite contract. Commissions will be paid only on sales of Stirsite hosting, not custom web design or any other services. The payment rates can be changed or discontinued at any time with notification as provided herein. 7. CHARGEBACK. If the purchaser makes a duplicate entry, later returns a product, enters through an non-qualified link, makes an unauthorized payment, or does not make full payment to Stir Communications Group, payment made to the Affiliate for that purchase shall be rescinded. 8. PAYMENTS. Affiliates are not eligible to earn commissions on their original purchase of any Stir Communications Group products. Payments will be made via PayPal at the end of any month that your accumulated commission total $50 or more from referrals that have signed up for 12 month Stirsite websites. United States Affiliates (individual/resident/corporation/business) must provide Stir Communications Group with a completed W-9 Federal Tax form before Stir Communications Group will issue a check to the Affiliate. 9. CHANGES TO THE PROGRAM. Stir Communications Group reserves the right to change, modify, add, or remove portions of this Agreement at any time, and may add to, change, suspend or discontinue any aspect of its Affiliate Program at any time. In such case Stir Communications Group will notify Affiliates of such changes either via e-mail or by posting on this Affilate Agreement page on our website, at which time you may either agree to such changes or withdraw from the Affiliate Program. 10. REGISTRATION. To sign up as an Affiliate you must be at least 18 (eighteen) years of age. 11. TERMINATION. Stir Communications Group RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A AFFILIATE. THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE AS AFFILIATES: ADULT SITES, SITES THAT DISPLAY ADULT BANNERS, SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY. 12. LIMITATION OF LIABILITY. Stir Communications Group DOES NOT WARRANT THAT THE AFFILIATE PROGRAM WILL MEET THE AFFILIATE'S REQUIREMENTS OR THAT THE OPERATION OF THE Stir Communications Group WEBSITE AND ORDERING SYSTEM OR AFFILIATE TRACKING SYSTEM WILL BE UNINTERRUPTED OR ERROR-FREE. IN NO EVENT WILL Stir Communications Group BE LIABLE TO THE AFFILIATE OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS OR OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES ARISING OUT OF THE OPERATION OF OR INABILITY TO OPERATE THE WEBSITE, ORDERING SYSTEM, OR AFFILIATE TRACKING SYSTEM, EVEN IF Stir Communications Group HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 13. SEVERABILITY. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. 14. OWNERSHIP AND LICENSES. Stir Communications Group grants a non-exclusive, limited, revocable right to the Affiliate to use Stirsite.com trademarks and banners. All images, programs, HTML code, and content provided by Stir Communications Group shall remain the sole property of Stir Communications Group, and no part shall be deemed assigned or licensed to the Affiliate except as explicitly provided for in this document. All intellectual property rights, including trademarks, copyrights, tradenames, and service marks shall remain the sole property of Stir Communications Group, including rights in and to any derivatives of them. The Affiliate may not modify the trademarks, banners, the content, or any of Stir Communications Group' provided images in any way. 15. TERM AND TERMINATION. This agreement shall remain in effect until terminated. The Agreement may be terminated by Stir Communications Group or the Affiliate for any reason upon thirty (30) days prior e-mail or written notice, or immediately upon notice of any breach of the provisions of this Agreement. Upon termination you may no longer use Stir Communications Group banners, images, content, trademarks, etc. on your site, or provide hyperlinks to the Stirsite.com site. 16. ASSIGNABILITY. Stir Communications Group may assign this Agreement to any successor. 17. FORCE MAJEURE. Neither Stir Communications Group nor the Affiliate shall be liable under this Agreement by reason of any failure or delay in performance of its obligations in this Agreement on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, or any other cause which is beyond the reasonable control of Stir Communications Group or the Affiliate. 18. JURISDICTION. Regardless of the place of executing this agreement, the Affiliate agrees that for purposes of venue, this contract was entered into in Vancouver, British Columbia Canada, and any dispute will be litigated or arbitrated in Vancouver, British Columbia Canada. This Agreement shall be governed by British Columbia Law. 19. 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 NOT SET FORTH IN THIS AGREEMENT. 20 . PROHIBITED USE OF LINKS.
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