Affiliate does not have to be a Securenet Systems client with an active account. However, any and all accounts set up by Affiliate are subject to the terms and conditions of service of the Securenet Systems Privacy Statement and Acceptable Usage Policy. Affiliate may not host client sites under subdirectories; each new client must have a separate account. All web development and web promotional work will have an assigned work order.
Affiliate is an independent contractor by status and not a general or limited partner, part of a joint venture, franchisee, agent, or employee of Securenet Systems, Inc. Affiliate shall not represent their relationship with Securenet Systems as anything other than an independent contractor or Affiliate. As well, Securenet Systems shall not refer to Affiliate as anything other than an Affiliate, independent contractor, consultant, or other designation as expressed by Affiliate and agreed upon by Securenet Systems. Securenet Systems will not provide fringe benefits, including health insurance benefits, paid vacation, or any other employee benefits (for the benefit of this or any other agreement, the term “Affiliate” is simply a “term of art” used in the Securenet Systems Affiliate Reseller Program).
Affiliate will receive a 15% revenue share (sales commission) for payments received by Securenet Systems on Affiliate accounts on the first monthly billing cycle following the Affiliate accruing a minimum of $50.00 in sales commissions. This includes payments for Web Hosting, Design, Programming, Promotional Work, Radio Streaming or any other services or related work.
Securenet Systems is responsible for billing Affiliates clients. Affiliate, as an independent contractor, is solely responsible for income taxes and expenses related to this Agreement.
Affiliate may sell Securenet Systems services anywhere in the world.
6. Account Set-up
In order to help ensure that Affiliate is properly credited for setting up accounts, Affiliate may place the Securenet Systems on-line order form on their personal or business site, or use the free “Turn-Key Affiliate Site” provided. The company or personal name that you signed up with will be clearly displayed along with the Securenet Systems logo at the top of the website.
Affiliate may use the name Securenet Systems, and Securenet Systems authorized logos on their website and on advertisements. To maintain the quality of Securenet Systems’ advertising and promotional materials, Affiliate must submit a copy of any such Web pages or advertisements for approval prior to publication. Securenet Systems will review use of logo and notify Affiliate of approval within three (3) business days of submission.
Either party may terminate this agreement at any time without notice for any or no reason in such party's sole discretion. Upon termination of this Agreement for any reason, Affiliate shall only be entitled to commissions on any payments received by Securenet Systems from Affiliate’s clients through the last day of the month in which this Agreement is terminated. Affiliate is not entitled to, nor is the Company required to make, any further commission payments following termination of this Agreement.
Securenet Systems has a policy of not monitoring or policing the content of web sites that you place on our servers. However, when questionable material comes to Securenet Systems’ attention, Securenet Systems reserves the right to remove such content without notice. Content that, in Securenet Systems’ sole opinion, may result in a violation of the United States Constitution (in accordance with the Digital Millennium Copyright Act of 1997 or any federal, state, common or international laws or regulations), or that may be offensive to Securenet Systems or to other users, may be removed or disabled.
10. Waiver of Implied Warranties
With respect to hosting, Securenet Systems provides services to Affiliate and Affiliate clients on an "as is" basis. Securenet Systems EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11. Waiver of Damages
Securenet Systems assumes no liability for any loss, injury, claim, liability or damage of any kind - including lost business, lost profits, lost data, or failure of security - resulting in any way from Affiliate or Affiliate clients' use of the hosting, including without limitation, any errors or omissions, any content, any delay or failure of performance, or the unavailability or interruption of service. Accordingly, Securenet Systems SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OF ANY KIND WHATSOEVER, WHETHER OR NOT FORESEEABLE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN, CONNECTION WITH THE WEB HOSTING SERVICES, OR THE FAILURE OF A PARTY TO PERFORM ITS OBLIGATIONS, REGARDLESS OF ANY PARTY'S NEGLIGENCE. Affiliate ALSO AGREES TO INDEMNIFY AND HOLD HARMLESS Securenet Systems FROM ANY CLAIMS RESULTING FROM THIS AGREEMENT. Termination of this Agreement shall be Affiliate’s sole and exclusive remedy for any and all damages or injury.
If any provisions of this Agreement are deemed invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect. Securenet Systems’ failure to enforce any provision of this Agreement shall not constitute or be construed as a waiver of that provision as a waiver of that provision or of the right to enforce it at a later time. The laws of the State of Florida, Broward County, shall govern this Agreement. This Agreement contains the entire understanding between Securenet Systems and Affiliate for provision of hosting and related services. This Agreement supersedes and cancels any and all prior and contemporaneous oral and written understandings or agreements on this subject matter, except for previously stated Terms. Continued use of Securenet Systems Services constitutes continued acceptance of this Agreement, including any and all modified terms.
13. Applicable Law and Venue; WAIVER OF JURY.
This Agreement shall be interpreted under and governed by the laws of the State of Florida determined by a judge sitting without a jury. Each party hereby agrees that any suit, action, or proceeding arising out of or relating to this Agreement or the relationship between the Parties, shall only be brought in the courts of Broward County, Florida or in the U.S. District Court for the Southern District of Florida (the “Courts”). The Parties hereby: (i) irrevocably consent to and accept the exclusive personal jurisdiction of the Courts for the purpose of any action, suit, or proceeding arising out of or relating to this Agreement; (ii) irrevocably waive, to the fullest extent permitted by law, any objection which the party may now or hereafter have to the laying of venue in the Courts for any action, suit, or proceeding arising out of or relating to this Agreement, or any judgment entered by the Courts in such a suit, action, or proceeding; and (iii) irrevocably waive any claim or defense that any such suit, action, or proceeding has been brought in an inconvenient forum.