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Affiliate Terms Of Services
  1. Agreement

    In this Affiliate Agreement ("Agreement") "you" and "your" refer to the individuals or companies that choose to participate in the PCFuchs Webhosting revenue sharing Affiliate Program, "we", us" and "our" refer to PCFuchs Webhosting.

  2. Term of the Agreements

    The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

  3. Representations

    You agree that all your advertising and promotion of our services shall be truthful in nature. Any affiliate that falsely represents the services offered by PCFuchs Webhosting shall be immediately deactivated without receiving any commissions owed, and may be subject to criminal prosecution.

  4. SPAM

    You agree that you shall not advertise our services through SPAM, which we loosely define as unsolicited e-mailings or posting of messages to unrelated Newsgoups or Message boards. Furthermore, any method used for promotion of our services must not be in violation of the rules, or terms, of that promotional medium.

  5. Modification

    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our website. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. If we deem that the changes to these terms are of significant nature, we will make an effort to notify you of the revised terms via the e-mail address that we have on record for you. It is our sole discretion as to what changes shall be considered "significant", and our failure to notify you of any changes to these terms SHALL NOT be viewed as a breech of this Affiliate Agreement.

  6. Disclaimer of Warranty, Limitation of Liability

    YOU AGREE THAT YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER PCFuchs Webhosting NOR ITS SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT WITHIN THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSES AND NON-INFRINGEMENT. IN NO EVENT WILL PCFuchs Webhosting NOR ITS SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS, LOSS OF GOODWILL, LOST BUSINESS, LOST DATA, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES, INACCURATELY ENTERED DATA, UNAUTHORIZED USE, OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS IN OPERATION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING LIMITATIONS OF LIABILITY REPRESENT A REASONABLE ALLOCATION OF RISK. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

  7. Independent Investigation

    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT THIS IS NOT A "RESELLER" PROGRAM, AND THAT ALL PRODUCTS AND SERVICES WILL BE SOLD DIRECTLY FROM PCFuchs Webhosting TO OUR CUSTOMERS, WHICH YOU REFER TO US. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

  8. Entire Agreement

    These Affiliate Agreement completely and exclusively states the agreement of the parties regarding the subject matter, and supersede all prior agreements and understandings except those posted on this web page, whether written or oral, with respect to the subject matter of this Affiliate Agreement.

  9. Breach

    You agree that failure to abide by any provision of this Agreement may be considered by PCFuchs Webhosting to be a material breach and that PCFuchs Webhosting may terminate your affiliate status and withhold any commissions owed. Any such breach by you shall not be deemed to be excused simply because PCFuchs Webhosting did not act earlier in response to that, or any other breach by you.

  10. Right of Refusal

    PCFuchs Webhosting, in its sole discretion, reserves the right to refuse service to anyone for any reason. Your acceptance into our Affiliate Program is also our sole discretion and may be refused for any reason.

  11. Miscellaneous

    This Agreement will be governed by the laws of and the State of , without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in the State of , and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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