1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales occurring during the term.

Cause for terminations include:

• Use of unsolicited email/spam to promote our service or program
• Inappropriate advertisements (False claims, misleading hyperlinks)
• Advertising on sites containing/promoting illegal activities 
• Violation of intellectual property rights.

If you or I terminate your account 'without cause' then you will have the opportunity to cash-out. i.e. any and all commissions outstanding during the agreements term will be paid.

1.1) Privacy: To protect your privacy at any time an affiliate may opt-out of receiving any promotional messages from the company i.e. newsletters and sales promotions. You can unsubscribe from affiliate communications at any time by sending an email request to affiliates@namestick.com indicating you do not want to receive the affiliate newsletter or commission notifications.

1.3) Tracking: Visitors are tracked using affiliate tracking software hosted on our server. This software utilizes cookies set at a 1 year return period. When a person clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username. Also, their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database

1.5) International Affiliates: International affiliates are welcome to join the program. All payments made will be in US dollars on a monthly basis. International affiliates who would prefer a higher minimum check payment to reduce their bank costs are welcome to discuss reviewed limits by contacting affiliates@namestick.com

1.6) Predatory Advertising: We agree not to use predatory advertising methods designed to generate traffic from sites they have not contracted with for the online promotion of our products, services and affiliate program.

Affiliate agrees not to use any predatory advertising methods in the promotion of our products, services or affiliate program.

Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's expressed, written permission.

Examples include, but are not limited to, keyword parsing browser plugins such as TopText and Surf+, banner replacement technology such as Gator, and browser spawning technology that is not web site dependent.

Participation in predatory advertising programs will be cause for affiliates immediate termination.

2) Commission Payments: We will pay a $7.50 per sale (new domain registration or transfer). Commissions are not paid on registrations made by an affiliate tracked through their own link. If this occurs commission will be reversed to the affiliate who originally referred them to NameStick.com Payments will be made every 30 days sent in the form of a check payable in US dollars to the 'Payee' as described in the affiliate application form. You are held responsible for your own tax liabilities in relation to this payment.

The minimum payment level is $15 for US and Canadian affiliates, and $30 for all other international affiliates. Accounts owing under this amount will be carried forward to the next sales period until commissions have accumulated to the $15 threshold. Commissions against sales that are rejected upon credit card authorization or otherwise refunded or charged back will be deducted from your following commission payment.

3) 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 on this site, all affiliates who have not opted out of receiving email notifications will also receive an email notification.

Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules.

Any changes or modifications made will be in 'good faith', the agreement will not be altered to purposely avoid paying affiliates due commissions.

Any substantive changes ie. change of commissions will be made with at least 14 days notice by email and onsite update of agreement.

Notification of all changes will also be broadcast in an email message to all affiliates providing you have not opted out of receiving further communications from us.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

4) 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.

5) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

6) Miscellaneous: This Agreement will be governed by the laws of the Texas, without reference to rules governing choice of laws. 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

We look forward to doing business with you and hope that you find our services valuable.

AFFILIATE AGREEMENT - Nitrostats specific information

By participating in Nitrostats's affiliate program, you agree to all terms and conditions set forth in the 'Terms and Conditions' agreement as well as all terms and conditions set forth in this agreement.

1. DESCRIPTION

Nitrostats.com ("Nitrostats") provides a free voluntary affiliate program, whereby affiliates may earn a commission for referring customers to Nitrostats. This affiliate program pays commissions on direct sales. The percentage of commission you receive, totals 25% of the total price CHARGED by Nitrostats.com from your referrals and 5% of the total price CHARGED by Nitrostats.com from sales made by your sub-affiliates.

2. REGISTRATION

To register to be a Nitrostats affiliate, you may either fill the form located at http://www.nitrostats.com/affiliate_program/ (also accessible by clicking "Affiliates" on the navigation side-bar), or you may sign up as a Nitrostats customer. By signing up as a Nitrostats customer you are automatically registered as a Nitrostats affiliate. There is no cost to be a Nitrostats affiliate.

3. COMMISSIONS

When you are a Nitrostats affiliate, you earn commissions as set forth inside the member's area, under 'affiliate center' for each direct sale you refer to Nitrostats. When you refer a new paid Nitrostats customer there is a 30 day holding period before these commissions are payable to you. At the end of this 30 day holding period, commissions become due to you for all payments that customer has made.

Toward the end of each month, checks are drawn up for commissions due for the previous month. You will receive commissions for your referrals for as long as they remain a Nitrostats customer, and you are enrolled in the Nitrostats affiliate program. Commission checks are drawn up only when your balance exceeds $30. Should your balance fall under that figure, your earnings will be added to those of the next month, repeatedly, until your owed commissions exceed $30. This policy is in order to make sure our affiliates do not lose a large sum of the money when cashing the checks.

4. PARTICIPATION

Participation in Nitrostats's affiliate program is purely voluntary. You are under no obligation to promote Nitrostats. Services provided to you by Nitrostats will in no way be affected by your participation or lack of participation in Nitrostats's affiliate program.

5. MODIFICATIONS

Nitrostats reserves the right to cancel or modify the affiliate program in any way, including the rate of commission, or any other part of the affiliate program at any time at its sole discretion.

6. TRACKING

Nitrostats incorporates the best possible combination of 'cookies' and HTML tracking, to ensure you are credited each and every customer you deserve. According to statistics, over 99% of your customers will be tracked by cookies, while the remaining 1% will still be tracked using advanced HTML and scripting. Cookies are set to expire within several years, which means even if a person you referred to your website a few years ago, visits it again, they will still be credited as your referral, and you will be paid commissions for as long as this person remains a member of Nitrostats.

7. TAX LIABILITY

Any tax liability related to commissions paid to you is your sole responsibility.

8. SPAM

Nitrostats reserves the right to cancel any affiliate's account if they promote Nitrostats using unsolicited commercial email (UCE/SPAM), off topic or unsolicited news group posts, or engage in any form of unsolicited advertisement with the intention of promoting Nitrostats

9. ABUSE

By joining the affiliate program, you agree that you will not refer yourself (sign up as your sub affiliate). You also agree that you will not attempt to defraud Nitrostats in any way. In the event that an affiliate abuses Nitrostats's affiliate program, Nitrostats will cancel that affiliate's account, and all of that affiliate's referrals will be lost to that affiliate. In addition to this, Nitrostats may seek legal action against such individuals if the abuse warrants such action.

10. RECURRING COMMISSIONS

You will receive commissions for your direct referrals for as long as you are enrolled in Nitrostats's affiliate program, and as long as the person you referred remains a customer.

11. DISCLAIMER OF WARRANTIES

Nitrostats.com makes no guarantees of any kind regarding the use or the results derived from any and all services Nitrostats.com offers (the "Services"), in terms of dependability, accuracy, security, timeliness, availability, reliability, or usefulness. The Services and all related materials are provided "AS IS" without warranty of any kind, either expressed or implied. Nitrostats.com will not be held responsible for any losses, damages, or costs that you and/or your business may suffer when using the website or any and all services Nitrostats.com provides.

NITROSTATS.COM HEREBY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, WITH REGARD TO THE SERVICES AND RELATED MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NITROSTATS.COM DOES NOT WARRANT THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE SERVICES WILL BE SUITABLE FOR YOUR NEEDS OR YOUR INTENDED APPLICATIONS, OR THAT THE SERVICES WILL BE COMPATIBLE WITH OR OPERATE IN ANY SPECIFIC HARDWARE, SOFTWARE, OR WEBSITE CONFIGURATIONS.

12. LIMITATION OF LIABILITY

IN NO EVENT WILL NITROSTATS.COM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR INDIRECT DAMAGES OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, LOSS OR DAMAGE OF DATA, AND DAMAGE TO BUSINESS REPUTATION, UNDER ANY THEORY OF LAW OR EQUITY, AND WHETHER OR NOT NITROSTATS.COM IS NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHERMORE, NOT LIMITING THE FOREGOING, IN NO EVENT WILL NITROSTATS.COM'S TOTAL, CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT RECEIVED BY NITROSTATS.COM FROM YOU UNDER THIS AGREEMENT.

Without limiting the foregoing, Nitrostats.com is not responsible for any of your data residing on Nitrostats.com's hardware. You are responsible for backing-up your data and information that may reside on Nitrostats.com's hardware, whether or not such information is produced through the use of the Service.

13. INDEMNIFICATION

You agree to indemnify and hold harmless Nitrostats.com and its officers and representatives from any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to Nitrostats.com or make available to any third party, including your registration data and the content of the web pages corresponding to the URLs you submit to Nitrostats.com. You expressly agree that use of the website and/or any and all services is at your sole risk. This obligation shall survive any termination of your relationship with Nitrostats.com

YOU EXPRESSLY AGREE THAT USE OF THE WEBSITE AND/OR ANY AND ALL SERVICES PROVIDED TO YOU BY NITROSTATS.COM IS AT YOUR SOLE RISK. NEITHER NITROSTATS.COM NOR ITS SERVICE PROVIDERS, AGENTS, LICENSORS, EMPLOYEES, OFFICERS, OR REPRESENTATIVES SHALL HAVE ANY LIABILITY FOR ANY DAMAGES SUFFERED BY YOU OR ANY OTHER PARTY AS A RESULT OF THE USE OR MISUSE OF THE SERVICE.

14. GENERAL PROVISIONS

The laws of the United States of America govern this agreement. You hereby consent to the jurisdiction of and venue in courts located in the United States of America in all disputes arising out of or relating to thsi Agreement or your use of the Services. In addition, you hereby consent to the exclusive jurisdiction of, and venue in, such courts for any action commenced by you against Nitrostats.com. In the event that Nitrostats.com is the prevailing party in such a dispute, Nitrostats.com will be entitled to recover its costs, expenses and reasonable attorney fees incurred in connection with such dispute related to Services provided by Nitrostats.com or this Agreement.

This Agreement, along with Nitrostats.com's other terms, conditions, and policies referenced herein, constitutes the entire agreement between you and Nitrostats.com with respect to the Services. To the extent of any conflict between this Agreement and Nitrostats.com's Website Terms of Use, the Website Terms of Use will govern your general use of Nitrostats.com's website, and this Agreement will govern your use of the Services in particular. If any part of this Agreement is held to be unenforceable, that part will be amended to achieve its intended effect as nearly as possible, and the remainder of the Agreement will remain in full force.

No party shall be liable for failure or delay in performing its obligations hereunder if such failure or delay is due to circumstances beyond the party's reasonable control, including without limitation, acts of any governmental body or failure of the software or equipment of third parties. Except as provided otherwise herein, any notice given under this Agreement will be made in writing by email and will be effective on the business day after it is sent. You may not assign this Agreement, and any attempt to do so is void. You acknowledge that your account is part of the Nitrostats.com network, and, consequently, you will receive periodic announcements and information regarding Nitrostats.com's services. You may request to be removed from these mailing lists at any time.

15. QUESTIONS

If you have any questions about this Agreement or Nitrostats.com's Services, please contact Nitrostats.com by visiting the support section at Nitrostats.com's website located at: http://www.nitrostats.com/support/. Thank you for choosing Nitrostats.com.