supremecenterhosting.com
Terms of Service

This Agreement contains the complete terms and conditions that apply to you and your participation as an affiliate (you are herein after referred to as "You" or "Affiliate") in the Affiliate Network of Supremecenterhosting.com. ("SUPREME CENTER HOSTING"), and the establishment of Links from your Affiliate Web site ("Affiliate Site" or "Your Site") to SUPREME CENTER HOSTING Website ("Supremecenterhosting.com" or "Website").

1. Enrollment in the Affiliate Network.
To begin the enrollment process, You must submit a complete Affiliate Network application. SUPREME CENTER HOSTING will evaluate your application in good faith and will notify You of your acceptance or rejection in a timely manner. SUPREME CENTER HOSTING may reject your application if SUPREME CENTER HOSTING determines, in SUPREME CENTER HOSTING sole discretion, that Your Site is unsuitable for the Affiliate Network for any reason including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable. By submitting an application to join SUPREME CENTER HOSTING Affiliate Network, You represent to SUPREME CENTER HOSTING that You are eligible and are not a retailer of hosting/services. Note: retail dealers of hosting/services are not eligible to join the Affiliate Network.

If SUPREME CENTER HOSTING rejects your application, You are welcome to reapply to the Affiliate Network at any time. If SUPREME CENTER HOSTING accepts your application and Your Site is later determined by SUPREME CENTER HOSTING, in SUPREME CENTER HOSTING sole discretion, to be unsuitable for SUPREME CENTER HOSTING Affiliate Program, SUPREME CENTER HOSTING may immediately terminate this Agreement without notice to You.

2. Subject to the terms and conditions set forth below, SUPREME CENTER HOSTING shall be a hosting/services seller on Your Site. This Agreement does not prevent an Affiliate from selling/fulfilling its own on-line hosting/services or from accepting paid advertising from other hosting/services dealers. However, both such actions are not to occur on any SUPREME CENTER HOSTING branded or co-branded pages.

3. Promotion of SUPREME CENTER HOSTING Affiliate Relationship.
    1. Links. As an Affiliate Site, SUPREME CENTER HOSTING will make available to You a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which, subject to the terms and conditions hereof, You may display as often and in as many areas on Your Site as You desire. The Links will serve to identify Your Site as a member of SUPREME CENTER HOSTING Affiliate Network and will establish a Link from Your Site to the Website. The Links may connect from any applicable area of Your Site to the appropriate area of Supremecenterhosting.com, using the banner and EXCLUSIVELY the URL SUPREME CENTER HOSTING provides. Failure to place at least one Link on your Affiliate Site within ninety (90) days of acceptance to the Affiliate Network will terminate this Agreement.
    2. Agreements Regarding Links. In utilizing the Links, You agree that You will cooperate fully with SUPREME CENTER HOSTING in order to establish and maintain such Links. You also agree that You will display in Your Site only those graphic or textual images (indicating a Link) that are provided by SUPREME CENTER HOSTING, and You will substitute such images with any new images provided by SUPREME CENTER HOSTING from time to time throughout the term of this Agreement. Your Site shall prominently display such graphic and/or textual images in relevant sections of Your Site. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. Each Link connecting users of Your Site to the pertinent area of the Website will in no way alter the look, feel, or functionality of the Website. If You are redirecting or stealing traffic, using robots, SpyWare, Warez, HackWare, Parasiteware, or engaging in cybersquatting, typosquatting, spamming, indiscriminate advertising, or unsolicited commercial emailing, SUPREME CENTER HOSTING will terminate this Agreement immediately. If You are operating or utilizing a Web site or email link to Web sites that contain or promote any types of content that contain or promote libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so, SUPREME CENTER HOSTING will terminate this Agreement immediately.
    3. Affiliate will represent itself on search engine results for related listings only as "Affiliate of Supremecenterhosting.com". Without limiting the foregoing, Affiliate shall not purchase, use or bid for placement any of the SUPREME CENTER HOSTING Marks, as defined in Section 12(b), which include without limitation, WSXHosting.com, SUPREME CENTER HOSTING, SUPREME CENTER HOSTING : Affordable Hosting : Fast 24/7 support, or any variations or misspellings of the SUPREME CENTER HOSTING Marks, with any search engine portal including, but not limited to, AOL.com, Yahoo!.com, MSN.com, Google.com, netscape.com, excite.com, overture.com, ask.com, looksmart.com, findwhat.com, inktomi.com, lycos.com, metacrawler.com and altavista.com. In addition, upon SUPREME CENTER HOSTING request, Affiliate will immediately cease bidding, purchasing or using any SUPREME CENTER HOSTING Marks and other terms used to promote the Affiliate program and Affiliate\'s participation therein. Furthermore, SUPREME CENTER HOSTING, hereby reserves all legal and equitable remedies it may have for Affiliate\'s violation of Sections 3(c) and 12(b) and for any misuse or infringement of the SUPREME CENTER HOSTING Marks or Licensed Materials as herein defined by Affiliate after Affiliate has been given notice to cease their use.

4. SUPREME CENTER HOSTING Responsibilities.
SUPREME CENTER HOSTING will be responsible for providing all information necessary to allow You to make appropriate Links from Your Site to the Website. SUPREME CENTER HOSTING will be solely responsible for processing every order placed by a customer following a special Link from Your Site. SUPREME CENTER HOSTING will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service. SUPREME CENTER HOSTING has put in place a third party tracking system for tracking the number and amount of sales generated by the encoded links from your site, and for providing information to you regarding sales statistics.

5. Other Responsibilities and Opportunities of Your Site.
    1. Placement of Links. If You qualify and agree to participate as an Affiliate Site, You shall prominently display Links throughout Your Site as You see fit and with SUPREME CENTER HOSTING consent, and use only the banners, images, and URLs provided by SUPREME CENTER HOSTING.
    2. Contests and Promotions. As an Affiliate Site, your visitors will be entitled to participate through your Links to Supremecenterhosting.com in any sweepstakes, contests, and special promotions SUPREME CENTER HOSTING may offer, and in connection therewith, SUPREME CENTER HOSTING shall make such contests and promotions available to users of Your Site EXCLUSIVELY through banners and images You, the Affiliate, obtain from SUPREME CENTER HOSTING library. Use of these Links are on a case-by-case basis, may expire and are subject to SUPREME CENTER HOSTING Terms and Conditions as set forth on the Website. It is Your responsibility to ensure all Links work correctly and to check with SUPREME CENTER HOSTING for the placement of new Links. In addition, You will be entitled to earn commissions as set forth in sections 6 and 7 below.
    3. Compliance with the Agreement. SUPREME CENTER HOSTING has the right in its sole discretion to monitor Your Site at any time to determine if You are in compliance with the terms of this Agreement.
    4. Affiliate Account Information Maintenance. You are required to maintain your contact information with SUPREME CENTER HOSTING. In the event of a change of address, You must log into your affiliate account and update your old contact information with your new contact information.

6. Commission Determination.
Only SUPREME CENTER HOSTING Products that are (i) sold by SUPREME CENTER HOSTING or a SUPREME CENTER HOSTING fulfillment retailer, (ii) purchased by users linking to the Website from Your Site pursuant to a Link ("Linked Users"), (iii) shipped by SUPREME CENTER HOSTING or a SUPREME CENTER HOSTING fulfillment retailer, and (iv) for which full payment has been received will qualify for a commission (each, a "Qualifying Purchase"). "Products" shall mean hosting and services displayed on the SUPREME CENTER HOSTING Website. Commission rates will be based on the aggregate amount actually paid to SUPREME CENTER HOSTING for Qualifying Purchases of the SUPREME CENTER HOSTING Products, excluding amounts collected by SUPREME CENTER HOSTING for sales taxes, duties, and similar charges, amounts due to credit card fraud and bad debt, credits for gift certificates, credits for Loyalty Points, and credits for returned goods that qualify for our 30-day money back guarantee ("Net Sales"). SUPREME CENTER HOSTING reserves the right to exclude items and promotions that SUPREME CENTER HOSTING may run on the Website from the payment of commissions and change SUPREME CENTER HOSTING commission rates. Effective January 1, 2007, SUPREME CENTER HOSTING current commission rates on all Products and Gift Certificates displayed on the SUPREME CENTER HOSTING Website will be equal to twelve and a half percent (12.5%) of Net Sales for Qualifying Purchases for new affiliates.

7. Commission Payment.
When the total commissions due to You (based on Section 6 above) exceed fifty dollars ($25.00), SUPREME CENTER HOSTING will send a commission payment via PayPal for the applicable commission (less any taxes required to be withheld under applicable law). You must supply SUPREME CENTER HOSTING with your social security number or your Employer Identification Number when submitting your application if You are located in the United States of America. Failure to do so will require SUPREME CENTER HOSTING to withhold payment of your commissions when they reach six hundred dollars ($600) per annum. SUPREME CENTER HOSTING determination of commissions shall be final and binding on You.

8. Sales Reports.
SUPREME CENTER HOSTING has put in place a tracking system for tracking the number and amount of sales generated by the encoded links from your site, and for providing information to you regarding sales statistics.The username and password provided to You upon approval of your application will provide You with the ability to enter the site to receive your sales and traffic statistics.

9. Policies and Pricing.
Customers who buy SUPREME CENTER HOSTING Products through the Affiliate Network will be deemed to be customers of SUPREME CENTER HOSTING. Accordingly, all of SUPREME CENTER HOSTING rules, policies, and operating procedures concerning customer orders, customer service, and SUPREME CENTER HOSTING Product sales will apply to those customers. SUPREME CENTER HOSTING may change its policies and operating procedures at any time. For example, SUPREME CENTER HOSTING will determine the prices to be charged for SUPREME CENTER HOSTING Products sold through the Affiliate Network in accordance with its own pricing policies. Prices and availability of SUPREME CENTER HOSTING Products may vary from time to time. SUPREME CENTER HOSTING will use commercially reasonable efforts to present accurate information, but SUPREME CENTER HOSTING cannot guarantee the availability or price of any particular Product.

10. Publicity.
You shall not create, publish, distribute, or permit any written material that makes reference to SUPREME CENTER HOSTING without first submitting such material to SUPREME CENTER HOSTING and receiving its written consent, which SUPREME CENTER HOSTING agrees shall not be unreasonably withheld. When engaging in any direct promotional or advertising activities with consumers, Affiliate shall (a) only send communications to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate, (b) identify Affiliate\'s complete name and physical postal address, (c) clearly, conspicuously, and truthfully indicate the nature of the communication, (d) provide a reasonable method by which consumers can eliminate or limit ("opt-out") of such communications, (e) timely and in accordance with applicable laws, honor consumer requests to "opt-out" of such communications, (f) maintain reasonable records with regard to such "opt-out" requests, and (g) not sell, rent, share, transfer, or disclose any personal information regarding consumers who "opt-out" except to process their orders and requests.

11. Licenses and Use of the SUPREME CENTER HOSTING Logos and Trademarks.
    1. SUPREME CENTER HOSTING GRANTS YOU A LIMITED NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS THE WEBSITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE SUPREME CENTER HOSTING TRADEMARK AND LOGO AND SIMILAR IDENTIFYING MATERIAL RELATING TO SUPREME CENTER HOSTING (BUT ONLY IN THE FORM(S) THAT THEY APPEAR ON SUPREME CENTER HOSTING LINKS SITE) (COLLECTIVELY, THE "LICENSED MATERIALS"), FOR THE SOLE PURPOSE OF LINKING YOUR SITE TO THE WEBSITE, WHERE YOUR USERS CAN PURCHASE SUPREME CENTER HOSTING PRODUCTS. YOU MAY NOT ALTER, MODIFY, OR CHANGE THE LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS TO THE EXTENT THAT THIS AGREEMENT PROVIDES AND ONLY WHILE YOU ARE A MEMBER IN GOOD STANDING OF THE AFFILIATE NETWORK.
    2. You shall not make any specific use of any Licensed Materials for purposes other than selling SUPREME CENTER HOSTING Products on Your Site for SUPREME CENTER HOSTING, without first submitting a sample of such to SUPREME CENTER HOSTING and obtaining the prior written consent of SUPREME CENTER HOSTING, which consent shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays SUPREME CENTER HOSTING in a negative light. SUPREME CENTER HOSTING reserves all of its rights in the Licensed Materials and of its other proprietary rights. SUPREME CENTER HOSTING may revoke your license at any time by giving You written notice. This license shall terminate upon the effective date of the expiration or termination of this Agreement, and You agree to cease using the Licensed Materials in the event that this Agreement is terminated.
    3. You grant to SUPREME CENTER HOSTING a non-exclusive license to utilize your names, titles, and logos (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner SUPREME CENTER HOSTING rights hereunder; provided, however, that SUPREME CENTER HOSTING shall not be required to so advertise, market, promote, or publicize.

12. Obligations Regarding Your Site.
    1. You will be solely responsible for the development, operation, and maintenance of Your Site and for all materials that appear on Your Site. Such responsibilities include, but are not limited to, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site (including, but not limited to, all SUPREME CENTER HOSTING Product-related materials); ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. SUPREME CENTER HOSTING disclaims all liability for all such matters. Further, You will indemnify and hold SUPREME CENTER HOSTING harmless from all claims, damages, and expenses (including, without limitation, attorneys fees) relating to the development, operation, maintenance, and contents of Your Site.
    2. You also hereby agree that Your Site will not contain any content of the Website or any materials which are proprietary to SUPREME CENTER HOSTING, except (i) with SUPREME CENTER HOSTING prior permission, or (ii) materials which are obtained by You via the SUPREME CENTER HOSTING Links in accordance with the provisions hereof or the policies or instructions thereon; that (iii) your domain name does not and will not contain the words "SUPREME CENTER HOSTING," and/or "Supremecenterhosting.com" or any variation thereof (collectively, the "SUPREME CENTER HOSTING Marks"), and (iv) that You will not purchase or otherwise contract with a third party to exploit any of the SUPREME CENTER HOSTING Marks for the purpose of causing the Affiliate Site to appear as a search result or for any other reason.

13. Term of the Agreement.
The term of this Agreement will begin upon SUPREME CENTER HOSTING acceptance of your Affiliate Network application and will end when terminated by either party. Either You or SUPREME CENTER HOSTING may terminate this Agreement at any time, with or without cause, by giving the other party written notice by regular mail or email of termination. You are only eligible to earn commissions on Qualifying Purchases occurring during the term at the then current rates, and commissions earned through the date of termination will remain payable only if the related SUPREME CENTER HOSTING Product orders are not canceled or returned. SUPREME CENTER HOSTING may withhold your final payment for a reasonable time to ensure that the correct amount is paid. You shall cease using any Licensed Materials or Marks immediately upon termination of this Agreement.

14. Modification.
SUPREME CENTER HOSTING may modify any of the terms and conditions contained in this Agreement at any time in SUPREME CENTER HOSTING sole discretion. A notice will be posted on the SUPREME CENTER HOSTING Website concerning any changes in the terms and conditions of the Agreement. You are responsible to periodically check the SUPREME CENTER HOSTING Website for any changes. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules and rates, payment procedures, and Affiliate Network rules. If any modification is unacceptable to You, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Network following SUPREME CENTER HOSTING posting of a change notice or new agreement on the Website will constitute binding acceptance by You of the change.

15. Relationship of Parties.
You and SUPREME CENTER HOSTING 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 SUPREME CENTER HOSTING behalf. You will not make any statement, whether on Your Site or otherwise, that would contradict anything in this Agreement.

16. Disclaimers.
SUPREME CENTER HOSTING MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATE NETWORK OR ANY SUPREME CENTER HOSTING PRODUCTS SOLD THROUGH THE AFFILIATE NETWORK INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. IN ADDITION, SUPREME CENTER HOSTING MAKES NO REPRESENTATION THAT THE OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, AND SUPREME CENTER HOSTING WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

17. Representations and Warranties.
You hereby represent and warrant to SUPREME CENTER HOSTING as follows:
    1. This Agreement has been duly and validly entered into and delivered by You and constitutes your legal, valid, and binding obligation, enforceable against You in accordance with its terms.
    2. The execution, delivery, and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate a. any provision of law, rule, or regulation to which You are subject, b. any order, judgment, or decree applicable to You or binding upon your assets or properties, c. any provision of your by-laws or certificate of incorporation, or d. any agreement or other instrument applicable to You or binding upon your assets or properties.
    3. You are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to SUPREME CENTER HOSTING the license to use your trademarks in the manner contemplated herein, and such grant does not and will not e. breach, conflict with, or constitute a default under any agreement or other instrument applicable to You or binding upon your assets or properties, or f. infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.
    4. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by You in connection with the execution, delivery, and performance of this Agreement or the taking by You of any other action contemplated hereby.
    5. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against You, or any Affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to the Affiliate Trademarks and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.
    6. You are an adult of at least 18 years of age or You have obtained the permission of an adult legally responsible for Your Site.

18. Limitation of Liability.
SUPREME CENTER HOSTING WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE NETWORK, EVEN IF SUPREME CENTER HOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, SUPREME CENTER HOSTING AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE NETWORK WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

19. Indemnification.
You hereby agree to indemnify and hold harmless SUPREME CENTER HOSTING, its parent, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that SUPREME CENTER HOSTING use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by You herein, (iii) any claim related to Your Site, including, without limitation, content therein not attributable to SUPREME CENTER HOSTING, or (iv) any claim by SUPREME CENTER HOSTING against You arising from Your failure to cease using Licensed Materials or Marks when instructed by SUPREME CENTER HOSTING or upon termination of this Agreement.

20. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT SUPREME CENTER HOSTING 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 AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

21. Governing Law and Miscellaneous Provisions.
The laws of the United States and the State of South Carolina will govern this Agreement, 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 Chester County, South Carolina, and You irrevocably consent to the jurisdiction of such courts. SUPREME CENTER HOSTING may assign this Agreement to any parent, sister or affiliate company that is part of an internal reorganization or to the successor in interest of the business to which the Agreement pertains. You may not assign this Agreement, by operation of law or otherwise, without SUPREME CENTER HOSTING prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. SUPREME CENTER HOSTING failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of SUPREME CENTER HOSTING right to subsequently enforce such a provision or any other provision of this Agreement.

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