BestRegister Affiliate Agreement

To be an authorized member of BestRegister Affiliate Program, you agree to abide by the terms and conditions contained in this BestRegister Affiliate Agreement. Please read this agreement carefully before joining BestRegister Affiliate Program. By joining the BestRegister Affiliate Program you indicate your acceptance of this Agreement and its terms and conditions.

This BestRegister Affiliate Agreement (the "Agreement") is made by and between BestRegister Inc. ("BESTREGISTER"), and you, as member of the BestRegister Affiliate Program ("YOU" or "MEMBER"). Here CLIENTS refer registrants who register domains with BESTREGISTER through MEMBER’s website(s) and SERVICES refer domain name registration services.

Now therefore BESTREGISTER and MEMBER agree as follows:

  1. Services. Subject to the terms and conditions of this agreement BESTREGISTER hereby grants to MEMBER non-exclusive, non-transferable, non-assignable license to refer CLIENTS for the SERVICES in exchange for a commission.
  2. Commission. As outlined in the Affiliate section at BestRegister.com. BESTREGISTER reserves the right to change commissions at his sole discretion in order to reflect changes in the market conditions. BESTREGISTER will notify MEMBER 30 days in advance before the changes take effect.
  3. Payments. BESTREGISTER will mail check to MEMBER on or before 10-th of each month for the commission earned the previous month if the commission amount is more than or equal to US$50. If your commission amount is less than US$50, it will be rolled over to the next month payment.
  4. Adjustments. Commission is subject to adjustment for charge back, fraudulent credit card use and all other similar cases.
  5. Online reports. BESTREGISTER will provide MEMBER with on-line tools for monitoring commissions earned on daily basis. Furthermore, BESTREGISTER will provide on-line payment information.
  6. Technical support. BESTREGISTER will provide technical support to CLIENTS. MEMBER will not be required to be involved in any technical support activity.
  7. Branding. BESTREGISTER authorizes MEMBER to use BESTREGISTER’s name and logo for the purposes of marketing.
  8. Web links. MEMBER agrees to place a banner or link which links to BESTREGISTER’s web site at MEMBER’s own website(s).
  9. Billing. BESTREGISTER will do all the billing and collections for the SERVICES to CLIENTS.
  10. Service agreement. SERVICES are subject to the BestRegister Agreement. MEMBER will be not named as a party in BestRegister Agreement and will have no further responsibility than referring a client to BESTREGISTER.
  11. Contacts. Both parties agree to communicate in writing or email regarding any matters related to this agreement. No promises or comments. MEMBER agrees not to make any promises, comments or whatsoever about the SERVICES, including but not limited to – pricing, quality, terms and conditions, disputes, legal etc. All such details will be provided by BESTREGISTER to CLIENTS.
  12. Indemnification. MEMBER shall indemnify, defend by counsel reasonably accepted by BESTREGISTER, protect and hold BESTREGISTER and its directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to the referrals for SERVICES.
  13. LIMITED LIABILITY. BESTREGISTER SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION SERVICE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST PROFITS, LOSS OF USE, LOST DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY EVEN IF BESTREGISTER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER ANY CLAIMS BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE OR OTHERWISE. IN NO EVENT SHALL BESTREGISTER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY MEMBER FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN TWO HUNDRED DOLLARS ($200.00). BESTREGISTER'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN STATES WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
  14. Terms. Both parties can terminate this agreement with a 30 days notice. Either party can terminate the agreement immediately for material breach of this contract by the other party. BESTREGISTER will continue the SERVICES to CLIENTS upon the termination of this agreement.
  15. Entire Agreement. This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
  16. Modifications. BESTREGISTER will notify MEMBER about such changes. If changes are not acceptable MEMBER will have 15 days to cancel this agreement, otherwise changes will be considered approved by MEMBER.
  17. Waiver. Performance of any obligation required of a party thereunder may be waived only by a written waiver signed by the other party, which waiver shall be effective only with respect to the specific obligation described therein. The waiver by either party hereto of a breach of any provision of this Agreement by the other shall not operate or be construed as a waiver of any subsequent breach of the same provision or any other provision of this Agreement.
  18. Separability. If any provision of this Agreement shall be unlawful, void, or for any reason, unenforceable, it shall be deemed separable from, and shall in no way affect the validity or enforceability of, the remaining provisions of this Agreement, which shall remain valid and enforceable according to its terms. Governing Law. This Agreement was entered into in the State of Georgia and its validity, construction, interpretation and legal effect shall be governed by the laws and judicial decisions of the State of Georgia applicable to contracts entered into and performed entirely within the State of Georgia.
  19. Choice of Forum. Any action at law or in equity arising under this Agreement shall be filed only in Courts of the State of Georgia for the County of Fulton. The parties hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
  20. Authority to Execute. Each of the parties to this Agreement represents and warrants that it has full power to enter into this Agreement and that it hasn't assigned, encumbered, or in any manner transferred all or any portion of the claims covered by this Agreement.
  21. Advice of Legal Counsel. Each party acknowledges and represents that, in executing this Agreement, it has received advice as to its legal rights from legal counsel and that the person signing on its behalf has read and understood all of the terms and provisions of this Agreement. Further, each party and their counsel have cooperated in the drafting and preparation of this Agreement.
  22. Benefit of Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of each of the parties hereto, and except as otherwise provided herein, their respective legal successors and permitted assigns.
  23. Cumulative Remedies. Except as specifically provided herein, no remedy made available to either party hereunder is intended to be exclusive of any other remedy provided hereunder or available at law or in equity.
  24. No Partnership or Agency. Nothing in this Agreement shall be construed as creating a joint venture, partnership, agency, employment relationship, franchise relationship or taxable entity between the parties, nor shall either party have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other party hereto, it being understood that the parties are independent contractors vis-a-vis one another.
  25. No Third Party Beneficiaries. Nothing contained in this Agreement, express or implied, shall be deemed to confer any rights or remedies upon, nor obligate any of the parties hereto, to any person or entity other than such parties, unless so stated to the contrary.
  26. Excused Performances. BESTREGISTER shall not be deemed to be in default of or to have breached any provision of this Agreement as a result of any delay, failure in performance or interruption of the SERVICES, resulting directly or indirectly from acts of God, acts of civil or military authority, civil disturbance, war, strikes or other labor disputes and disturbances, fire, transportation contingencies, shortages of facilities, fuel, energy, labor or materials, or laws, regulations, acts or order of any government agency or official thereof, other catastrophes, or any other circumstances beyond BESTREGISTER's reasonable control. In the event of any such delay or failure, the parties shall defer performance of the SERVICES to a date and time mutually agreeable.
  27. Captions. The section headings and captions contained herein are for reference purposes and convenience only and shall not in any way affect the meaning or interpretation of this Agreement.
  28. Recitals. The recitals above set forth are incorporated herein by reference.
  29. Arbitration. Any dispute arising under this agreement shall be resolved by binding arbitration under the rules of the American Arbitration Association.

Copyright © 2000 BestRegisterTM, Inc.