BEST2CALL REFERRAL PROGRAM AGREEMENT

This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the Best2Call.com Referral Program (the "Program"). As accepted in this Agreement, "we" means Best2Call.com, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Best2Call.com's site or to the site that you will link to our site.

1. Enrollment in the Program

In enrolling in the Program you must first submit a complete Program application via our site. Upon receiving this, we will evaluate your application and will notify you of your acceptance. If your site is not yet functioning ("live"), we will reevaluate it periodically. Upon acceptance of your enrollment, we reserve the right to cancel your application at our discretion if we feel your site is unsuitable (as described in section 10) for the Program.

If we reject your application, you are encouraged to reapply to the Program at any time after your site has been modified.

2. Links on Your Site

The following methods may be used to link your site to Best2Call.com:

• General Link: You may provide a general link on your site to our home page, which will be provided by Best2Call.com.
• Search Box: Site visitors may navigate directly to a page on the Best2Call.com site that contains the results of their search queries.
• Customized Banner: Any banner created by your site for the purpose of linking to Best2Call.com must be approved by Best2Call.com and used at our discretion.

3.Order Processing

We will process service orders placed by customers who open an account with Best2Call.com by following special links from your site to the Best2Call.com site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, and process payments, cancellations, and returns. In addition to this, we will handle customer service. We will track sales made by customers who open an account using special links from your site to ours. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted; proper coding on the affiliate's site is the responsibility solely of the affiliate.

4. Referral Fees

We will pay you a 10% fee on all sales completed by customers referred through the special link on your website. For a sale to generate a referral fee, the customer must first follow a special link (specified by Best2Call.com) from your site to the Best2Call.com site. After going through this link, the customer must open an account with Best2Call, purchase a service(s), accept delivery, and make the full payment to us. After a visitor accesses our site through yours, a "cookie" will be set which will identify that user when they access the Best2Call.com site regardless of whether they came back through your site or not. The cookie will persist for 30 days with your affiliate ID number, unless a) another site overwrites the cookie with its own affiliate ID number, b) a purchase is completed or c) the cookie somehow expires or is erased due to changes made on the user's computer. Unless otherwise noted any listed Best2Call service is entitled to earn referral fees at the price listed off Best2Call.com - these services are referred to as "Qualifying Services."

Notwithstanding the foregoing, Best2Call.com reserves the right to offer other referral fees for sales made in conjunction with online promotions or coupons.

5. Fee Payment

Referral fees will be paid on a monthly basis. If the fees payable to you for any calendar month are less than $25.00, we will hold those fees until the total amount due is at least $25.00 or until this Agreement is terminated or a request is made. Payments will be issued every month based on your account balance at the end of each month. Commissions on customer orders are credited to your statement on the order date. If the customer stops or disputes payment for services, which has generated a referral fee, we will deduct the fee from your next payment. If you are owed less than the amount being deducted and the agreement is ended, we will send you a bill for the fee.

6. Policies and Pricing

Customers purchasing services through this Program will be deemed customers of Best2Call.com exclusively. All Best2Call.com rules, policies, and operating procedures regarding customer orders, customer service, and sales will apply to these customers. Best2Call.com reserves the right to change its policies and operating procedures at any time, without prior notification to your site. We will determine the prices to be charged for services sold under this Program according to our own pricing policies. Since service prices and availability may change from time to time, you may not include price information in your service descriptions.

7. Responsibilities of Your Site

You are responsible for:

• creating and posting proper links on your site. Best2Call.com will provide these links with your affiliate code.
• ensuring the accuracy and appropriateness of materials posted on your site in association to Best2Call.com.
• ensuring that materials posted on your site do not violate or infringe upon the rights of any third party such copyrights, trademarks, privacy, or other personal or proprietary rights.
• ensuring that materials posted on your site are not libelous or otherwise illegal.

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

You must ensure that your site will not:

• Promote violence
• Promote pornographic materials
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Violate intellectual and artistic property right
• Promote illegal activities
• use forms of indiscriminate advertising or spamming to promote yourself or your site.

In addition, you may not purchase, register, or bid any keywords, search terms or other identifiers that include the word "Best2Call" or variations thereof (for example "best 2 call", "Best2Call.com”, etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

8. Terms of the Agreements

The terms of this Agreement will begin upon our acceptance of your application and will end upon being terminated by either party. Either party, with or without cause, may terminate this Agreement by giving the other party written notice of termination. This agreement will terminate five (5) days after written notice by either party.

9. Modification

Best2Call.com reserves the right to modify any of the terms or conditions contained in this Agreement, at any time, by posting a change notice or a new agreement on our site. Modifications may be 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.

10. Relationship of Parties

This Agreement does not create any partnership, joint venture, agency, franchise, sales representation, or employment relationship between your site and Best2Call.com. You have no authority to make or accept any offers or representations on our behalf. You are unable to make any claims that reasonably would contradict anything in this Section.

11. Limitation of Liability

We 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 Program, even if we have been advised of the possibility of such damages. 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 this Agreement.

12. Disclaimers

Best2Call.com makes no warranties with respect to the Program or any services sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). Best2Call.com makes no guarantee that the operation of our site will be uninterrupted or error-free. In such an instance we will not be liable for the consequences of any interruptions or errors.

13. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE 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 PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

14. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Florida. Any action relating to this Agreement must be brought forth in the federal or state courts located in Tampa, Florida 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 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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