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The following are the terms and conditions of participating in the WebPosition Gold Referral Partner Program. "Partner" refers to yourself, and "NetIQ" refers to NetIQ Corporation, located at 851 SW 6th Ave., Portland, OR, 97204. This agreement may be revised from time to time.

Commission and Payment

NetIQ will pay "Partner" a 15% commission of each qualifying WebPosition Gold sale identified by NetIQ as a visitor from Partner's web site by using their unique Referral Link. Sale is total amount of the sale of the software less any sales tax and shipping charges. Commission applies only to WebPosition Gold software licenses contained on the regular product order form and currently does not include any other sale of products or services made to customer.

Partner commission shall be paid by company check every 30 days, approximately 15 days after the prior period. NetIQ reserves the right to modify the payment schedule from time to time so long as notice is posted to Web site or via e-mail. If commission does not exceed $40 for prior period, NetIQ holds the right to hold payment until commissions accumulate to $40 or more or 90 days have passed, whichever comes first.

All payments will be made in U.S. dollars by company check.

In the event visitor comes to NetIQ from more than one Partner web site over a period of time before purchasing, only the first Referring Partner shall receive the commission.

If a qualifying sale is canceled or refunded, the related commission will be deducted from the next monthly payment.

As required by U.S. Law, U.S. Residents will be required to sign a W-9 form for the Internal Revenue Service before we can send your first payment.

Commission applies only to the first sale made by Referred customer. Commissions are not paid on subsequent sales to the same customer, or to an upgrade sale to someone who was already a WebPosition customer.

All Referral Partner applications are subject to approval by NetIQ. Both commercial, personal, and non-profit Sites may apply for Program.

Commissions will be paid for Referred sales for as long as Partner actively participates in Program and maintains the Referral Link and this agreement is not canceled by either party. If canceled, outstanding commissions for current period at time of cancellation shall be paid in the next monthly payment so long as rules of this agreement were not violated by Partner.

Referral Link:

You'll be issued a "Referral Link", or unique URL, which allows us to identify visitors from your site as originating from you. These visitors are tracked via a technology called "cookies". So long as a visitor has a browser which supports "cookies" (most do) and they have not disabled this feature, we will be able to identify the visitor as belonging to you. When they register their name and e-mail at the time the trial is downloaded, your Partner Code identifier will be attached.

You may remove or add your link to WebPosition at anytime without permission. To receive Commissions, you must use the provided Referral Link.

The link may be in various forms such as a banner, image, or textual link.  

NetIQ reserves all rights in or to its trademarks but may be used by Partner in accordance with this agreement. Partner may in no way display a WebPosition or WebPosition Software related logo, image, or trademark which may be distasteful, defame, or misrepresent its brand. NetIQ has the right to specify how and if a trade mark may be used by the Partner.

Partner shall take great care to not misrepresent NetIQ products or services or to advertise them in such a way as to poorly represent the WebPosition brand.

Partner is solely responsible for ensuring that their Referral link is setup properly on their Site.

Partner agrees to NOT SEND UNSOLICITED or SPAM mail via e-mail or newsgroups to promote WebPosition Gold. You may post only to newsgroups and forums within the rules of each newsgroup. Spamming is ground for immediate termination of your account with a cancellation of any pending commissions. You will also be in violation of your Referral Partner agreement and subject to legal action since spamming can damage the image of NetIQ Software.

Overview of Program:

1) NO selling involved. All questions go directly to us. We even do the follow up. 
2) NO Fees to get started.
3) NO re-seller license required since we're actually processing the sale.
4) NO processing of credit cards or customers to bill.
5) NO requirement to put the demo file on your web site. Just point to our site!
6) NO minimum commitment. Quit at anytime if you like.
7) Minimal setup required.

Non-Qualifying Sites:

Sites that promote: sexually explicit material or violence do not qualify as a Referral Partner. Sites that promote discrimination based on race, sex, religion, national origin, and physical disability, shall not be accepted. Sites that promote illegal activities shall not be accepted. Please do not apply if your site promotes these kinds of activities. By applying, you are stating that your Site does not directly promote or endorse these activities.

Term of agreement:

This agreement remains in affect until canceled by either party.

Commissions earned through the date of expiration or cancellation of this agreement will remain payable only if the qualifying sales are not canceled or refunded by the referred Customers and the Partner has not violated this agreement. Payment of the final Commission payment to the Partner may be withheld for a reasonable time in order to ensure that the correct amount is paid.

Disclaimer:

NetIQ will make every reasonable effort to track and pay commissions for all sales that apply to Partner. However, NetIQ is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control which may temporarily disrupt or diminish this service.

Privacy:

To protect NetIQ customer privacy, we cannot provide identifying customer names and contact information to you. However, we will provide a report with each Partner payment detailing price, product, date of sale, and perhaps other data for your records.

Independent Contractor:

The relationship between NetIQ and Partner established by this Agreement is that of independent contractors. NetIQ and Partner shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. Term "Partner" shall not be interpreted as a legal Partner, simply as an independent contractor for NetIQ under this agreement.

Warranty Disclaimer:

NetIQ makes no warranties expressed or implied with regard to Partner Referral Program except as outlined in this agreement.

Limitation of Damages:

NetIQ shall not be held liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if NetIQ has been advised of the possibility of such damages. NetIQ aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by NetIQ under this agreement.

Partner understands that Referral tracking can never be 100% accurate and NetIQ is not responsible for inaccuracies that might occur beyond its control. Tracking of Referral sales depend on several factors such as the referred visitor accepting the 'cookie' upon clicking on the referral link and ordering under the same e-mail address when phoning orders or using the same browser that they originally used when clicking on the Referral link. It is the goal of NetIQ to make Referral tracking as accurate as possible, however, NetIQ cannot guarantee 100% tracking for situations beyond its control.

Cancellation

NetIQ holds the right to cancel a dealer's account for any reason if deemed necessary. If the terms of this agreement were not violated by the referral partner, then payment will be given to the referral partner for any unsold software or outstanding commissions if the account is cancelled by NetIQ Software.

Governing Law:

This agreement shall be governed by the laws of the State of Florida and the United States.

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