This Referral Agreement (the “Agreement”) is entered into by and you, the Affiliate (“Affiliate”), and Nexcess.net, LLC, a Michigan Limited Liability Company (“Nexcess.net” or “Nexcess” or “Company”) (collectively, the “Parties”).
WHEREAS, Nexcess.net’s website is located at https://www.nexcess.net; and
WHEREAS, this Agreement includes and incorporates the following exhibits by reference: Exhibit A (“Terms and Conditions”); and Exhibit B (“Affiliate Benefits”).
NOW THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereby agree as follows:
1. RESPONSIBILITIES OF AFFILIATE.
- Affiliate will prefer Nexcess.net as its web hosting service provider.
- Affiliate agrees not to make any representations, warranties or other statements concerning Nexcess.net, Nexcess.net’s website, any of Nexcess.net’s products or services, or Nexcess.net website policies, except as expressly authorized herein.
- Subject to Section 5 of the Terms and Conditions, the term of the Agreement shall be for one (1) month from Effective Date (“Term”), and shall be renewed automatically for subsequent one (1) month terms. This Agreement may be terminated by either party at any time provided thirty (30) days prior written notice is submitted by the party terminating the Agreement.
- Nexcess.net may, at its sole discretion, provide to Affiliate standard reports which include all information necessary to compute revenue owed to Affiliate, as defined in Exhibit B to this Agreement. Affiliate shall have access to a web based portal to view the data used to calculate revenue owed to Affiliate.
- 3.2. Payment.
- Within ninety (90) days after the end of each calendar month, Nexcess.net shall send to Affiliate payment for the appropriate Revenue Share amount as set forth in Exhibit B.