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RECITALS
A. ANONYMIZER is engaged in providing anonymous
access to Internet services and providing other products and services
as defined in this agreement.
B. MARKETER desires to market ANONYMIZER's services. In consideration
of the premises and mutual covenants set forth in this agreement, it is
agreed by and between ANONYMIZER and MARKETER:
II. CONSIDERATION
MARKETER agrees to use its best efforts to market ANONYMIZER's services
and ANONYMIZER agrees to pay MARKETER commissions as specified below on
all sales made by MARKETER.
III. TERM
The term of this agreement shall be from $contractfrom, through $contractexpire.
MARKETER shall have an option to annually renew this agreement at the
end of that time. Notice of the exercise of such option shall be given
to ANONYMIZER in writing not less than thirty (30) days prior to the expiration
date of this agreement. In this connection, if MARKETER has met its quota
as set forth in this agreement, such renewal for 1 year shall be deemed
automatic unless MARKETER notifies ANONYMIZER in writing of its intention
not to renew the agreement.
IV. COMMISSIONS
MARKETER shall receive a commission of $kickback percent on all new sales
made as a result of MARKETER's efforts and conforming to all rules outlined
in this CONTRACT. To be considered a result of MARKETER's efforts, the
person purchasing from ANONYMIZER must be referred to ANONYMIZER with
a URL of the form: https://www.anonymizerproxy.com/affiliate/door.cgi?CMid=[CMid]
where [CMid] is the Comarketer Identification number assigned to MARKETER
upon initiation of this CONTRACT. Commission shall be based on the retail
selling price of the first periodic payment made by all customers signing
up for a service from ANONYMIZER, but will not include a percentage of
setup fees. MARKETER shall also earn $parent_kickback percent on the commissions
of any additional Affiliates brought to ANONYMIZER, these Affiliates'
commissions determined in the same manner as MARKETER's. Affiliates that
qualify for this role are those referred by MARKETER with a URL of the
form: https://www.anonymizerproxy.com/affiliate/afdoor.cgi?CMid=[CMid]
where [CMid] is the Comarketer Identification number assigned to MARKETER
upon inition of this CONTRACT. Commissions shall be paid out at the end
of any month when more than $100.00 (usd) is owed to MARKETER. Commission
payments shall be issued in U.S. dollars. ANONYMIZER accepts no responsibility,
financial or otherwise, for users who defeat the established commission-
crediting procedure. ANONYMIZER reserves the right to change the Commission
structure at any time, provided that ANONYMIZER posts these changes to
the "Terms & Conditions" section of the Affiliates/Members
section of the ANONYMIZER website. Any revisions in the Commission structure
will be considered binding 30 days after their posting.
V. MARKETER'S RESTRICTIONS
MARKETER agrees not to sell, directly or indirectly, any other similar
products or services without the express prior written consent of ANONYMIZER.
MARKETER accepts the above license to sell such product and agrees to
devote its best efforts to making such sales in accordance with this agreement.
MARKETER agrees to not participate in any of the following forbidden activities:
- "Spamming": the sending of mass
unsolicited commercial advertising. This
includes e-mail spamming, newsgroups, and IRC.
- the use of "blind links":
the false representation of a link to the ANONYMIZER website.
- the loading of the ANONYMIZER website into any window other than the
main browser window (e.g. it should not be loaded into a console or a new
window).
- the changing or redesign of any ANONYMIZER banner, button, or graphic
without express approval from ANONYMIZER.
- the use of ANONYMIZER for any contest or money-making opportunity. The
preceding forbidden activies will result in termination of all accounts
MARKETER holds with ANONYMIZER, and MARKETER forfeits any balance therein.
VI. INDEMNIFICATION
This
agreement does not make MARKETER the agent or legal representative of
ANONYMIZER for any purpose whatsoever. MARKETER is not granted any right
or authority to assume or create any obligation or responsibility, express
or implied, on behalf of or in the name of ANONYMIZER or to bind ANONYMIZER
in any manner or thing whatsoever either by ANONYMIZER's acts or the acts
of ANONYMIZER's agents, employees or attorneys. MARKETER covenants and
agrees to indemnify ANONYMIZER for any and all claims of judgments arising
from actions of MARKETER or MARKETER's agents, employees, or attorneys
that create an obligation on part of ANONYMIZER other than as set forth
in this agreement. This covenant does not negate or modify any implied
warranties of merchantability or fitness of purpose.
VII. TERMINATION
This agreement shall continue in force and govern all transactions and
relations between the parties until cancelled or terminated. Either party
may cancel or terminate this agreement with cause, including any breach
of the provisions of this agreement, provided the party desiring to terminate
and cancel the agreement gives to the other notice of at least 30 days
prior to the effective date of such cancellation, such notice to be given
by written notice at the address set forth above. Any bona fide order
accepted by ANONYMIZER shall not in any way be affected by such cancellation
or termination.
VIII. SOLE CONTRACT
It is declared by both parties that there are no oral or other agreements
or understandings between them affecting this agreement or relating to
the selling of the product specified.
IX. SALE TO ANONYMIZER OR SUBSIDIARIES
ANONYMIZER reserves the right to sell its products to any and all departments
and subsidiaries of ANONYMIZER without compensation or commission to MARKETER.
X. ACCEPTANCE OF ORDERS
All orders received by ANONYMIZER are subject to acceptance by ANONYMIZER,
and ANONYMIZER agrees that it will endeavor to fill the orders as promptly
as practicable, however, all orders, whether a delivery date is specified
or not, shall be subject to delays in manufacture or in delivery due to
any cause beyond the reasonable control of ANONYMIZER. MARKETER expressly
releases ANONYMIZER from any liability or loss arising from the failure
of ANONYMIZER to fill any orders of MARKETER because of causes beyond
the control of ANONYMIZER.
XI. ADVERTISING
MARKETER agrees to utilize its best efforts in the sale of ANONYMIZER's
products. MARKETER shall pay all of its own expenses including all expenses
of sales personnel and sales organization.
XII. PERSONAL CONTRACT
This agreement constitutes a personal contract and MARKETER shall not
transfer or assign the agreement or any part of the agreement without
ANONYMIZER's consent being first obtained in writing.
XIII. WAIVER
Failure of either party at any time to require performance by the other
party of any provision of this agreement shall in no way affect the full
right to require such performance at any time thereafter. The waiver of
either party agreed to any provision of this agreement shall not be taken
or held to be a waiver of any succeeding breach of such provisions or
as a waiver of the provision itself.
XIV. APPLICABLE LAW
This agreement shall be interpreted, construed, and governed by the laws
of the State of California. Executed on the World Wide Web address of
$current_url on $contractdate.
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