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Resellers - Terms Of Agreement

Complete Terms of Agreement for the Crimsonata Reseller Network.
LAST UPDATED: March 19th, 2004

This webpage (www.crimsonata.com/reseller-terms.html) is the official Terms of Agreement to be a member of the Crimsonata Reseller Network ("The Network").  To become and remain a member you must agree to and accept these terms.  If you have any questions or communications about this agreement, please email us at resellers@crimsonata.com

In this document, the words "we", "us", "our", and "Crimsonata" refer to Crimsonata Corporation, an Anguilla, BWI company.  The words "you" and "your" refer to you, the person or business entity that is trying to or has become a member of The Network.

BASICS:

The purpose of becoming a member of the Network is for you to be able to make sales commissions by referring new users to Crimsonata Software products.  There is no charge to become or remain a member of The Network.

When signing up to The Network, you will create a Reseller Codename (also known as a "Bonus Code") that is between three and eight characters long, letters and numbers only, case insensitive and without spaces.  We reserve the right to decline or change any Reseller Codename that seems inappropriate or misleading.

By default, we will usually terminate accounts and membership that have been dormant for over one year, meaning no activity has occurred on the account from either you or anyone entering your Reseller Codename.

We reserve the right to cancel anyone's membership, at any time, for any reason.  You also have the right to cancel your membership at any time.

Members to The Network agree to have only one Reseller account, unless special circumstances are approved by Crimsonata Corporation.

Confidentiality: We will not release or sell your contact information to any third party without your consent, unless required to do so by law.

Members assert that they are 18 years of age or older.

You will not represent yourself as being an employee of Crimsonata Corporation, or otherwise affiliated with us except for being a member of The Network.

The Crimsonata Products are owned and operated by Crimsonata, and you will not represent otherwise in any marketing materials.  Only advertising text and graphics approved by Crimsonata will be used by you (contained on the webpage www.crimsonata.com/reseller-links.html) , or text statements taken directly from one of our product websites.  If you have any other kind of text or graphic you would like to use in your promotion, simply email us for our approval first.

You will not use unsolicited bulk email ("Spam") to promote any of our products.  Only bulk email that users have expressly signed up for and desire ("opt-in") will be acceptable.  Any sending of mass email that is unsolicited will result in the immediate termination of your account.

PAYMENT:

Commission amounts collected by members will be computed on a quarterly basis (based on a regular calendar year), and will be paid out to our members usually within 30 days of the end of each quarter. Only accounts that have a balance of US $19 (nineteen dollars) or more will be sent. Any unpaid amounts (those less than $19) will be rolled over to the next quarter, indefinitely, until the balance is over $19 or the account is terminated.  This $19 minimum amount may be changed in the near future (possibly lowered), when additional reimbursement methods are available.  Any account balance amount can be used for purchasing any Crimsonata product or service at any time.

Our current only method of sending payments is by bank cheque mailed to your registered membership account address.  Other reimbursement options, including electronic means, should be available in the future.  Additional reimbursement means may incur a varying service charge to use, depending on the method.

COMMISSION AMOUNTS:

Each quarter, all three elemental ways that users can gain commissions will be totaled and sent to our members.  These three ways, and some of their specific terms, are as follows:

- Direct Referral
For each new valid paying yearly Premium user that enters your "Bonus Code:" into our Premium Signup web form, you will receive a US $7.50 commission.  It does not matter whether the new user types in the Bonus Code or if an automated web "cookie" enters it, it only matters that it is there when they complete the web form.  Any new Premium user except yourself may use your Bonus Code when signing up for Premium service.  For users that initially sign up for the 'demo' three month Premium plan, we give you 33% (US $2.50) of that initial amount, and eventually give you the full standard $7.50 total if they remain Premium customers after their initial 'demo' signup plan.

- Business Referral
For any business or entity that purchases a site-license for Crimsonata products or services, when that business completes a purchase, you will receive a 20% commission of the gross initial sale amount if and only if the business tells us that you are the one that referred them.

Although it costs nothing for a new purchasing business to say that you referred them, we suggest you recommend only reputable firms and use due-diligence on new companies when referring our products, in order to assure that you will indeed get your well deserved commission. Crimsonata Corporation has absolutely no control over another business in their referencing how they were referred to our products, so you may find it helpful to remind them by emailing both us and them at the same time if a business expresses an interest.  Only one Reseller can earn a commission per site-license, and the Reseller can not be the site-licensing entity itself. Site-licenses (10 or more Premium accounts) are offered varying discounts over standard accounts.

- Referring other Resellers
Whenever someone signs up to The Network, we ask on our web form if anyone referred them to us.  If the new member enters your Reseller Codename when signing up, you will receive a percentage of their Direct Referral commission amount, for as long as they make them.

The percentage you receive applies only to Direct Referrals (the first of the three elemental ways that The Network offers) made only by new members who entered your Reseller Codename as who referred them to The Network.  The percentage you will receive of the new members' Direct Referral commissions is 10% if you were not a paying Premium user of a Crimsonata Product during that quarter, or 20% if you were a paying Premium user of a Crimsonata Product at anytime during the quarter.  It does not matter whether the new user to The Network types in your Referral Codename or if an automated web "cookie" enters it, it only matters that it is there when they complete the signup web form when they become a new member of The Network.

It is expressly forbidden for a member of The Network to sign up another account in which they are partially (over 5%) or fully financially benefiting from.  The main reason for this is to keep any dishonest user from taking the "Referring other Reseller" commission for themselves, rather than giving this commission to the true user it belongs to.  Although we rely mostly on the honor system, we will investigate any claims or information involving such fraudulent accounts, and if anyone is found to be operating more than one account we will terminate all their offending accounts with a full loss of any funds therein.

LEGAL BITS:

You acknowledge that you have read and understood this agreement in its entirety, have independently evaluated your participation in The Network, and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or The Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and The Network will not exceed the total referral fees paid or payable to you under to this Agreement.

These terms of agreement are subject to change by us, at any time, without any notice, as defined on this web page.  Although we will attempt to email our members if any significant changes occur, we do not guarantee to do so, nor guarantee that emails sent to our users will actually arrive due to human error or computer or Internet malfunction.  If any modification of this agreement is unacceptable to you, your only recourse is to terminate this agreement.  Your continued participation in The Network following our posting of a change of this agreement on our site will constitute binding acceptance of the change.

You agree to follow all laws (including local, state, country, and International) while acting as a member and promoting Crimsonata's Software Products.  You agree to be responsible for any and all of your personal taxes related to any disbursements made to you by us.

Any dispute arising from this agreement will be adjudicated in and by the laws and courts of Anguilla, BWI, and you irrevocably consent to this jurisdiction regarding any legal action.

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