The LuxSci Affiliate Program: Agreement

This Affiliate Agreement ("Agreement") is between Lux Scientiae, Incorporated, a Massachusetts Corporation ("LuxSci"), and the affiliate, a natural person or business entity ("Affiliate"). It governs the LuxSci Affiliate Program and describes how and when LuxSci will grant commissions for referrals of new clients by the Affiliate.

1) Term of Agreement:

The term of this Agreement will begin upon the submission of your online affiliate application and will end when terminated by either party. All affiliates must agree to this agreement in order to become an affiliate and indicate such agreement during the sign up process. Either the Affiliate or LuxSci may terminate this Agreement at any time (with the exception provided below), with or without cause, by giving the other party written (or emailed) notice of termination. You are only eligible to earn referral commissions on sales resulting in granted commissions during the term.

Upon termination of this agreement, the Affiliate may request that LuxSci pay the Affiliate a final payment for the current balance in the Affiliate's account if the balance eligible for payment is large enough, as specified in Section 8, and the Affiliate has not violated Section 14.

Affiliates may not terminate this agreement if they have a negative account balance. Affiliates wishing to terminate their agreement must first remit to LuxSci any monies owed due to charge backs as per Section 9. Affiliates who refuse to remit such balances will be subject to collection agencies and will be responsible for paying the collection agency fees in addition to their balance due.

2) Affiliate Code:

Once a person or a company becomes an affiliate, he/she/it is issued a unique "Affiliate Code".

3) Eligible Services:

Commissions will be granted for referred sales of "Eligible Services." These services include all email and web hosting services offered by LuxSci that are not provided through a LuxSci-partner company. "Eligible Services" include email and web hosting, web sites, MySQL databases, users, disk space, bandwidth, private labeled WebMail, SecureLine, basic anti-Spam protection, IMAP, POP, SMTP, and WebAides. "Eligible Services" do not include: DNS services, domain registration, Email Defense, SSL certificates, and dedicated IP addresses. Other services not listed here that are or may be offered by LuxSci will be classified as "Eligible" based on the same criteria.

4) Commission Term:

Affiliates will receive a commission on all Eligible Services listed in all invoices issued by LuxSci to the Customers referred by the Affiliate, as long as those invoices are issued within the first 12 months of the Customer's term of service with LuxSci.

5) Commission Percentage:

Affiliates will get a 10% commission on all sales of "Eligible Services" to their referred Customers for the duration of the "Commission Term" for each Customer.

Affiliates have the ability to create "Special Offer codes". These offers can be used by the Affiliate to give some of their commission percentage to their referees as a discount. Affiliates who use such special offers will receive their normal commission percentage minus the Customer discount percentage as their Commission Percentage for the Customers who use the special offers.

6) Methods of Referral:

Affiliates can receive commissions by referring Customers via Affiliate URLs or Special Offer Codes. Customers signing up with LuxSci who do not use one of these will not generate a referral commission for an affiliate.

Affiliate URL: The URL affiliates promote is "http://luxsci.com/la.php/CODE/". "CODE" should be replaced by your "Affiliate Code" (this is given to you in the HTML section of the affiliate portal). This is the "Affiliate URL". Affiliates can promote any page on the LuxSci web site by modifying their Affiliate URL in a manner described in the Affiliate Portal. Sales resulting from referrals through the "Affiliate URL," or appropriate modifications thereof, may result in commissions.

Cookie Placement and Expiration: When someone (the "Visitor" ) clicks on (or types in) an "Affiliate URL," a cookie is placed on the computer of that person that specifies the "Affiliate Code" of the "Referring Affiliate". The cookie is set to expire in one year. If the Visitor signs up for a new LuxSci account using the same computer and web browser within 1 year of the time that they last used an "Affiliate URL", LuxSci will detect the cookie and associate the Visitor (now a "Customer") with the Referring Affiliate, so that the Referring Affiliate may get commissions on the Customer's invoices.

Special Offer Codes: Affiliates may also create "Special Offer Codes" in the LuxSci Affiliate Portal. Purchases of new LuxSci accounts by Visitors who use one of the Affiliate's valid Special Offer Codes may also result in commissions.

Saved Quotes: Affiliates can create custom package configurations on LuxSci's site and, on the customization page, enter one of their "Special Offer Codes" and then save the configuration as a "Saved Quote". This produces a link that affiliates can post on web sites or give to others. Clicking on the link takes the user back to the LuxSci order configuration page with the custom package pre-filled, the special offer code pre-filled, and also sets an affiliate cookie in the user's browser. This ensures that the affiliate will get a commission on the order placed by this user. The user gets exactly what s/he needs and the affiliate gets the commission.

Signing up by phone: If you or your referee would like to place an order by phone, instead of by using our web site directly, and be sure that your affiliate account gets the referral commission, you must give a "Special Offer Code" to the sales person on the phone and be sure that they use it when filling out the online order forms for you. Failure to do this may result in the lack of a referral commission. You can also give the sales person a "Saved Quote" link that save a saved special offer code saved in it.

7) Granting of Commissions:

Affiliates who refer Customers via one of the two methods listed in Section 6 are eligible for commission on the invoices for those customers as specified in Sections 2-5.

Commissions on Customer invoices are only granted to the affiliate after the invoices have been paid in full by the Customer.

Because LuxSci offers a 30-day refund policy to its customers, individual commissions will not be eligible for payment to the Affiliate until the Customer who generated the commission has been a LuxSci client for more than 30 days.

Affiliate Verification: In order to prevent fraud, LuxSci will attempt to verify each Affiliate account for legitimacy. This verification may include, but is not limited to, verification of the Affiliate's designated payment address, phone number, email address, PayPal address, and web site. While "unverified" Affiliates may make referrals and receive commissions, Affiliates are not eligible to receive payments for their commissions until they are Verified. LuxSci reserves the right to determine who will be verified and who will not and what means will be used to perform the verification. Clients whose verification is pending may contact support@luxsci.com and request a status update at any time.

Referee eligibility: LuxSci reserves the right to revoke commissions for specific referees.

No commissions will be granted to affiliates for referrals where there was a failure to use either a Special Offer Code or Affiliate URL. Commissions will not be granted retroactively to correct errors or omissions on the part of the affiliate in terms of the supported methods of referring accounts.

8) Payment:

Payment of commissions is made via check, PayPal, or credit to your LuxSci account; clients can choose their payment method in the Affiliate Portal.

Checks are mailed via United States Postal Mail once per month. Checks will not be cut unless the balance in the Affiliate's account is greater than or equal to $15. If the balance is less than $15, it will roll over to the next month. Payment via check is only available to Affiliates with payment addresses in the United States.

Payment via PayPal is available to any Affiliate who specifies a valid PayPal payment email address and is made once per month; payment will be made if the balance in the Affiliate's account is greater than $10. If the balance is less than $10, it will roll over to the next month.

Payment via credit to a LuxSci account is available to any Affiliate that is also a client of LuxSci and is made once per month; payment will be made if the balance in the Affiliate's account is greater that $10. If the balance is less than $10, it will roll over to the next month.

9) Charge Backs:

If a charge back occurs, the affiliate commission for the respective sale will be debited from the Referring Affiliate's account.

If the charge back happens after a payment to the Affiliate has been made, it is possible that the balance in the Affiliate's account could become negative. At the request of LuxSci, the Affiliate is required to remit to LuxSci the amount owed as indicated by the negative balance. Such a balance must be remitted within 15 days of the request or the Affiliate will be considered in default and collection agencies may be contacted. Affiliates are responsible for paying for any resulting collection agency fees.

10) Modification:

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. If any modification is unacceptable to you, you may terminate this agreement.

11) 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

12) Independent Investigation:

Affiliates may view complete records of his or her sales by logging into his or her account in the LuxSci Affiliate Portal (http://luxsci.com/cgi-bin/extranet/affil/index.pl).

13) Marketing Materials:

Affiliates may use graphics, text, and sample promotions provided in the Affiliate Portal to promote LuxSci.

14) Improper Marketing:

Affiliates may not use unsolicited commercial email to promote LuxSci. UCE is defined as mass email sent to recipients who have not requested it (opted-in) and with whom the Affiliate has no prior relationship. Any such use may result in the termination of an affiliate account and forfeiture of any payment due.

15) Miscellaneous:

This Agreement will be governed by the laws of the United States and the State of Massachusetts, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Massachusetts, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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