| |  | | All BuildPAL agents are bound by these terms. This agreement will be governed by the following rules and conditions. Please read them.
1. This agreement is governed by the laws of the state of Hawaii, USA.
2. HawaiiHosting Net (the company) will pay you (the agent) a recurring commission of 35% from BuildPAL sales emanating from your unique agent link to our Website or placed using the agent order tools. No commissions are paid to the agent until there are at least two active accounts credited to an agent. Agents who become agents by signing up at your unique BuildPAL site will have you as their sponsoring agent. The company will pay you a recurring override of 5% from any sales emanating from the sponsored agents' unique BuildPAL Web sites. A sponsoring agent will receive the 35% commission but not the 5% override on the first sale of any of their agents until the agent reaches two active accounts. While the sponsored agent has only one active account, the sponsored agent's first sale counts as the sponsoring agent's sale in all ways, including being subject to the rule of two sales for the sponsoring agent.
3. The company will make commission payments to agents as early as the 10th, and no later than the 16th of each month. e.g. commissions for May services will be paid between June 10 -16. Payments will be made in US funds using the services of PayPal. If there is any customer refund on amounts that commissions have been paid, the original commission credited will be deducted.
4. ALL agent payments are made exclusively through PayPal. As an agent you are responsible for establishing a PayPal account and providing the company with the correct email address for processing payments. Any payment that cannot be processed using PayPal will be held until the company is notified by the agent of an active PayPal account and payment email address.
5. This agreement is purely for giving a referral commission on sales effected through referrals by agent's Website. The term, 'agent', does not imply any formal association or additional business relationship with the company.
6. Agent will have online access to its sales and commission data through a user/password protected Web page upon registration.
7. The agent is not permitted to represent the company in any way other than linking to the BuildPAL Website using the provided URL. You may request permission to use trademarks or other materials that are the property of the company for promotions other than for use in promoting your BuildPAL Website.
8. The company reserves the right to alter the rate of commission with 30 days email notice to agent. Any credit accumulating after such change will be at the new rate.
9. The company reserves the right to change policies, product prices and offerings at any time.
10. Every attempt is made to accurately credit sales to agents by the use of the unique URL, advanced use of cookies, and a question to the customer regarding referral source at time of order. The company will not be responsible for any technical failure that may result in the user's clicks going unregistered. The company will address any such technical failure immediately upon discovery and attempt to verify proper commission credit.
11. Any tax liability on the amount of commission received will be the agent's responsibility.
12. The company reserves the right to terminate any agent without notice for sending any unsolicited email (spam, UCE) or for misrepresenting the product or the agent program. If agent is terminated for such reason, no future commissions will be credited to the agent.
13. The company will supply the agent with a BuildPAL Website by method of a unique URL to track the agent's sales. Agent Website will be hosted free of charge to agent on a server of the company's choosing. No additions or deletions may be made to the agent's unique BuildPAL Website other than those mentioned in paragraph 14. The company reserves the right to place banners or other promotional materials on said Website.
14. The agent's contact information will be displayed on the unique BuildPAL Web site. The "Online Resources" page on the Website will link to other two-tier programs in which the agent can optionally participate. If the agent is a participant and provides their special code for each program, the agent's site for each resource will be promoted, if not provided, the link of the agent's sponsoring agent will be promoted instead.
15. It should clearly be understood that a direct correlation between 'click-throughs and sales may not exist. All operations are automatic (or semi-automatic) and hence no valid sales referred by you will go unrecorded. Email correspondence regarding click through vs. sales will not be answered.
16. Agents agree and accept that email shall be sent to them by the company in the form of newsletters and updates in the name of HawaiiHosting Net or BuildPAL. Due to the contentious issue of "Spam" or UCE (Unsolicited Commercial Email) ANY "Remove" or "Unsubscribe" request from any email sent by HawaiiHosting Net or BuildPAL will be honored and automatically result in the deletion of agent Website and all database records of agent, including current and future commissions.
17. This is the current and complete agreement at all times. If it changes, agents will be notified by email.
Last revision: June 15, 2003
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