hivetec Web Services

hivetec AFFILIATE AGREEMENT
Revised July, 2006
Please print, scan and send per eMail to Sales Office


Account (ID):  
Name: 
Company: 
Address: 
 
City, State, Zip: 
Phone: 
Fax: 
Email: 
Price/year to charge your customers: 
URL of your website: 
URL of your logo (for branded control panel): 


  1. Subject To. This Agreement shall be subject to the restrictions of the Registrar Accreditation Agreement between hivetec and ICANN, and the provisions of the Registrar License and Agreement between hivetec and Network Solutions, Inc./Verisign, NeuLevel, Afilias, and any other through which domains are registered, as they may be amended from time to time.

  2. hivetec Services. hivetec agrees to provide Customers referred by Affiliate website with all hivetec services, charging the price determined by Affiliate, and paying Affiliate a commission based on the current Commission Schedule, published on our website, which may change from time to time. Renewals will also be paid as long as Affiliate remains in good standing with the Agreement in force.

  3. hivetec Policies. Affiliate agrees to abide by all hivetec Policies. With reasonable prior notice to Affiliate, hivetec reserves the right to change the Policies from time-to-time, in order to accommodate the needs of its customers, changing laws, and advancing technology. hivetec will inform the Affiliate at least 30 days prior to any pricing changes.

  4. Payment. hivetec will send a check or online payment to Affiliate by the 10th of each month provided the check amount is at least $20 or $300 for online & wire transfers.

  5. Term. The initial term of this Agreement shall be for 1 month. This agreement shall automatically renew for a similar term thereafter, until terminated by either party with 30 days prior notice.

  6. Security. Affiliate shall employ the necessary measures to prevent the hivetec website from being used for (a) the transmission of unsolicited, commercial email (spam); (b) high volume, automated, electronic processes that apply for large numbers of domain names; (c) high volume, automated, electronic, repetitive queries for the purpose of extracting data; or (d) the use of said data to compile or infer customer identity or other demographic or firmographic information.

  7. Termination for Cause. Affiliate and hivetec shall each have the right to terminate this Agreement in the event of any material breach of this Agreement, or breach of the hivetec Policies. Prior notice and right to cure may or may not be given, depending on the severity of the violation. For example, if Affiliate violates a law, no prior notice or right to cure will be required. Renewal comissions will not be paid if the Agreement is no longer in force.

  8. Disclaimer of Warranties. EXCEPT AS SET FORTH HEREIN, hivetec AND AFFILIATE EACH EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

  9. Indemnification. Affiliate and hivetec each agree to indemnify, defend and hold harmless the other from and against any third party claim, action, suit, or proceeding arising out of the inaccuracy of any respective representation stated in above paragraphs. Such indemnity shall apply to all losses, damages, liabilities, and reasonable attorney's fees and costs incurred by the party receiving the benefit of this paragraph.

  10. Limitations on Liability. Except for each party's respective indemnity obligations in the above section, in no event shall either party be liable for any special, incidental or consequential damages, or for interrupted communications, lost data or lost profits, arising out of or in connection with this Agreement. Affiliate expressly agrees that use of Provider’s services is at Affiliate's sole risk. Provider, its employees, affiliates, agents, third-party information providers, merchants, licensers or the like, warrant that Provider’s Domain Registration Service will not be error free; nor do they make any warranty as to the results that may be obtained from the use of the Domain Registration Service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the hivetec Domain Registration Service, unless otherwise expressly stated in this agreement.

  11. Miscellaneous Provisions.

      a. This Agreement will be governed by Delaware law without giving effect to principles of conflict of laws. Both parties agree to submit to jurisdiction in Delaware, and that any action brought regarding the enforcement or interpretation of this Agreement shall be filed in Wilmington, Delaware. The prevailing party in any action will be entitled to reasonable attorney's fees and costs.

      b. If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions shall remain in full force and effect.

      c. The waiver of any breach of this Agreement will not operate as a waiver of any other or subsequent breach.

      d. This Agreement constitutes the entire understanding and agreement between hivetec and Customer. This Agreement may only be amended in writing acknowledged by both parties.

      e. Any notices required or permitted hereunder may be given by electronic mail or fax if receipt is confirmed by the recipient, or if the notice is also sent by first class mail. Notice will be deemed given on the date the electronic mail is sent.

hivetec reserves the right to reject this Agreement by notifying Affiliate by email within 96 hours of receipt of this Agreement.

BY SIGNING THIS AGREEMENT, THE AFFILIATE (Affiliate) ACKNOWLEDGES READING THIS AGREEMENT AND ENTERING INTO A LEGAL, BINDING CONTRACT WITH hivetec Inc. (hivetec)


Signed:

Date: 

Please print, scan and send per eMail to Sales Office


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Phone: +49 3222 174-1188