Affiliate Agreement
 Enrollment Process
To begin the enrollment process, Affiliate will submit an application via MaxinSoft.com, a website development and search engine optimization company, will evaluate Affiliate's application and will notify Affiliate of Affiliate's acceptance or rejection. MaxinSoft may reject Affiliate's application if MaxinSoft determines that Affiliate's site is unsuitable for the Affiliate Program. Reasons for rejection can include, but are not limited to the Affiliate's site promoting sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or the Affiliate's site promoting illegal activities and/or violating intellectual property rights.
Affiliate Site Links
Affiliate will use Banner(s) provided by MaxinSoft.com to Affiliate and will cause such Banner(s) to serve as Links to the MaxinSoft.com. Affiliate will not modify any MaxinSoft.com Banner(s) in any way.
Sales and Traffic Information
MaxiSoft.com will be solely responsible for tracking sales. Affiliate will be solely responsible for ensuring that this Link(s) are formatted properly, and this is a necessary prerequisite to tracking such sales. Statements of service sales activity will be provided to Affiliate in real-time with a special URL that Affiliate will be assigned.
Cookies
MaxinSoft will use commercially reasonable efforts to download onto the computer of each Internet user who accesses the MaxinSoft.com by use of a "Cookie" which will contain information sufficient to identify such a user as having linked to the MaxinSoft.com by use of a Link.
Commission
MaxinSoft will pay to Affiliate twenty percent (20%) of recurring revenue received by MaxinSoft from Affiliate's customers.
Commission Payment
MaxinSoft will pay Affiliate commissions on the following basis: all the money earned in the period from the 1st to the 30th of a month are paid off on the 15th of next month. All the payments are effected via wire transfer, paypal or check.
Limitation of Liability
MaxinSoft will not be liable for indirect, deliberate or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Affiliate Agreement or the Affiliate Program, even if MaxinSoft have been advised of the possibility of such damages. Further, MaxiSoft's aggregate liability arising with respect to this Affiliate Agreement and the Affiliate Program will not exceed total commissions paid or payable to Affiliate under this Affiliate Agreement.
Disclaimers
MaxinSoft makes no expression of implied warranties or representations with respect to the Affiliate Program or any products or services sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising in the course of performance, dealing, or trade usage). In addition, MaxinSoft makes no representation that the operation of MaxinSoft.com's or MaxinSoft's products and services will be uninterrupted or error-free, and MaxinSoft will not be liable for the consequences of any interruptions or errors. In the case of an interruption or error in MaxinSoft's service that prevents MaxinSoft from correctly recording any purchases done by visitors directed to MaxinSoft's site by the Affiliate, MaxinSoft must notify the Affiliate about the presence of such an interruption or error via E-mail within one (1) business day.
Terms
The terms of this Affiliate Agreement will come into force upon MaxinSoft acceptance of Affiliate's Program and will end when terminated by either party. Either Affiliate or MaxinSoft may terminate this Affiliate Agreement at any time, with or without cause, by giving the other party written notice of termination. Affiliate is only eligible to earn commissions on sales of MaxinSoft.com services and products occurring during the term. MaxinSoft may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid.
Modification
MaxinSoft may modify any of the terms and conditions listed in this Affiliate Agreement, at any time and in MaxinSoft's sole discretion, by posting a change notice or a new Affiliate Agreement on MaxinSoft.com and simultaneously contacting the Affiliate via E-mail. Modifications may include, for example, changes in the scope of available commissions, fee schedules, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AFFILIATE AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING MaxinSoft.com's announcement of an Affiliate Agreement change or a new Affiliate Agreement WILL BE VIEWED AS A BINDING ACCEPTANCE OF THE CHANGE.
Independent Investigation
AFFILIATE ACKNOWLEDGES THAT AFFILIATE HAS READ THIS AFFILIATE AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS THAT MaxinSoft Inc MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRERS ON TERMS THAT MAY DIFFER FROM THOSE LISTED IN THIS AFFILIATE AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE'S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AFFILIATE AGREEMENT.
Miscellaneous
The International law will govern this Affiliate Agreement, without reference to rules governing choice of laws. Any action related to this Affiliate Agreement must be brought in the International courts, and Affiliate irrevocably consents to the jurisdiction of such courts. Affiliate may not assign this Affiliate Agreement, by operation of law or otherwise, without MaxinSoft's prior written consent. Subject to that restriction, this Affiliate Agreement will be binding on, insure to the benefit of, and enforceable against the parties and their respective successors and assigns. MaxinSoft's failure to enforce Affiliate's strict performance of any provision of this Affiliate Agreement will not constitute a waiver of MaxinSoft's right to subsequently enforce such provision or any other provision of this Affiliate Agreement.
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