Affiliate Signup Page -- Aqua Websites

Please read these Terms of Agreement (hereinafter referred to as the "Agreement") carefully. This Agreement relates to the Aqua Websites Affiliate Program (hereinafter referred to as the "Program") from Aqua Websites (hereinafter referred to as the "Company") and includes any subsequent updates made by the Company to the Program. By signing up to the Program, you (the "Affiliate") must accept the terms and conditions of this Agreement by electronically checking the box marked 'I have read and agree to the Affiliate Terms & Conditions' during the Program signup process. If you are an individual accepting the Agreement on behalf of a company, you represent and warrant that you have the necessary authority to bind your company to the terms and conditions of this Agreement. It is recommended that you print and retain a copy of this Agreement for future reference. You may find a copy of this Agreement posted online at: www.aquawebsites.com/affiliate.
1. Term of the Agreement
Subject to the Company's acceptance of your registration and your compliance with the terms and conditions of this Agreement, the Term of this Agreement will begin upon the Company accepting your Affiliate application and will end when terminated by either party. Either party may terminate this Agreement at any time by providing the other party with written notice of termination. You are only eligible to earn commission fees during the Term of the Agreement. The Company reserves the right to deny any Affiliate application.
2. Changes to this Agreement
The terms and conditions of this Agreement may be changed by the Company from time to time. Upon any material update the Company will post an updated version of this Agreement online at www.aquawebsites.com/affiliate/default.asp and will inform you of any such material change by email. Your continued use of the Program website at least 7 days after such notification will constitute your acceptance of such changed terms and conditions.
3. Relationship between the Parties
You acknowledge that the relationship between yourself and the Company arising from this Agreement is not one of Employment, Partnership, Franchise, Agency or Joint Venture. Nothing in this Agreement shall cause employees or agents of either party to be deemed employees or agents of the other party. Each party retains full responsibility for the supervision and control of its own employees and / or agents.
4. The Program
The Company will endeavour to maintain the Program, however the Company gives no warranties whatsoever in relation to the continuation of the Program.
5. Referrals
A Referral occurs when the Aqua Websites website receives a 'hit' via the unique Affiliate link which is provided to each Affiliate. Each Referral relates to one client IP Address and is valid until 31st December 2030 (31-12-2030). In the event that a particular IP Address registers 'hits' on more than one Affiliate's unique link then the subsequent 'hit' received will be considered to be the Referral. The Company's decision regarding disputed Referrals is final.

Referral Sales occur when a new user signs up for the Aqua Websites Service using the Referral IP Address.

Affiliate Referrals occur when a new Affiliate signs up using a Referral IP Address.

6. Commission
Commission is payable to Affiliates on revenues arising from Referral Sales and Second Tier Referral Sales.

Referral Sales will earn commission of 15% of revenues received.

Commission will be payable monthly into the Affiliate's nominated PayPal Account or Bank Account as nominated from time to time by the Affiliate. It is the Affiliate's responsibility to keep the Company informed of any changes to their PayPal account or Bank Account details.

Commission is only to be paid upon the first 12 months from the first Referral Sale.

Commission will be payable in the same currency as it is received by the Company. The Affiliate will then be able to use PayPal to convert the commission received into their currency of choice, subject to applicable PayPal charges.

7. Affiliate Responsibility
The Affiliate has sole responsibility for their promotion of the Aqua Websites Service. The Affiliate is permitted to use legal means to promote the Aqua Websites Service.

Under no circumstances will the Affiliate use unsolicited bulk email ("Spam") in order to promote the Aqua Websites Service.

The Company assumes no responsibility for any liability relating to the Affiliates promotion of the Aqua Websites Service. The Affiliate agrees to hold harmless and indemnify the Company from all claims, charges, damages and expenses relating to the Affiliates promotion of the Aqua Websites Service.

8. Limitation of Liability
In no event shall the Company or its suppliers be liable for any direct, incidental, consequential, special, exemplary or punitive damages (including, but not limited to loss of data, revenue or profits or business interruption) or other pecuniary loss arising from or related to the Program (including any software component), whether such claim is based on warranty, contract, tort (including negligence) or otherwise.

9. Miscellaneous
This agreement will be governed by and construed in accordance with the laws of the state of Queensland and of the Commonwealth of Australia. All disputes arising from this Agreement will be subject to the exclusive jurisdiction of the state and federal courts of Queensland, Australia, except that the Company reserves the right to institute an action in any court of competent jurisdiction as it sees fit.

The failure of the Company to exercise or enforce any right or provision of this Agreement does not constitute a waiver of such a right or provision. If a court of competent jurisdiction finds any provision within this Agreement to be unenforceable then the remainder of this Agreement will continue with full force and effect.

This Agreement is binding and supersedes any prior understandings or agreements regarding the Program.

I AGREE to and ACCEPT the Terms and Conditions.