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Terms of Service
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This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in the Affiliate Network of ByRegion and the establishment of links from your Web site to our Web site at www.byregion.net. As used in this agreement, "you" means (and "your" refers to) the applicant seeking to participate hereunder in the Affiliate Network, "we" means (and "us", "our" and "ours" refer to) ByRegion.

1. Enrollment in the Network
To begin the enrollment process, you will submit a complete Affiliate Network Application via our Web site. We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Affiliate Network for any reason.

2. Promotion of our Affiliate Relationship
As an Affiliate Site, we will make available to you (via ByRegion.net's affiliate network site) a variety of graphic and textual links (each of these links sometimes being referred to herein as "Links" or, individually, as a "Link"), which, subject to the terms and conditions hereof, you may display as often and in as many areas on your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

3. Utilizing Links
In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Sites shall display such graphic images prominently in relevant context within your site as you see fit and with our consent. You shall not alter, modify or expand the Links in any way without our written consent. Each Link connecting users of your site to our site will in no way alter the look, feel, or functionality of our site. We have the right, in our sole discretion, to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

4. Our Responsibilities
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. We will be solely responsible for tracking the first use of ByRegion by users following a link from your site, and for providing sales statistics and information to you. The form, content and frequency of the reports may vary from time to time at our discretion. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your site and our site are properly formatted.

5. Commission Determination
In order for a member to qualify for a commission, end users must follow a link from your web site to ByRegion's Web site and become a ByRegion WebDisplay member or purchase an item. Commissions will be paid on free General Listing signups only when they convert to a WebDisplay. We will track General Listing signups that originate from your website.

6. Commission Rates
If you are a WebDisplay Member you will be paid according to the Advanced Referral Program for each new WebDisplay Member that you recommend. If you are not a WebDisplay member you will be paid $8 for each new WebDisplay Member you recommend. Basic Referral Program.

7. Commission Payment
When the total commissions due to you exceed fifty dollars (US$50) we will forward to you a check for the applicable commission and a statement of activity. Commission checks and statements of activity will be sent during the month following the close of a qualifying 30-day period.

8. Policies and Pricing
End users who register with ByRegion through the Affiliate Network will be deemed to be customers of ByRegion. Accordingly, all of our rules, policies, and operating procedures will apply to those end users. We may change our policies and operating procedures at any time. Notice of any change by e-mail, to your address in our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice to you of a modification to the terms and conditions of our commission rates.

9. Non-Exclusive Limited License and Use of ByRegion Logos and Trademarks
You may not alter, modify or change the Licensed Material in any way. We may revoke the rights granted to you pursuant to this section at any time by giving you written notice.

11. Obligations Regarding Your Site
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. You hereby represent and warrant to us that materials posted on your site do not violate or infringe upon the rights of any third party, and that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses relating to the development, operation, maintenance, and contents of your site.

12. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate Network Application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. You are only eligible to earn a commission on product registrations occurring during the term of the Agreement. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.

13. Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice or a new agreement, is considered sufficient notice to you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Network rules. If any modification is unacceptable to you, your recourse is to terminate this Agreement. Your continued participation in the Affiliate Network following our posting of a change notice or a new agreement on our site will constitute binding acceptance of the change.

14. Relationship of Parties
Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

15. Disclaimers
We make no express or implied warranties or representations with respect to the Affiliate Network or any ByRegion software offered through the Affiliate Network (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

16. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

17. Governing Law
This Agreement will be governed by the laws of the United States and the state of North Carolina, 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 North Carolina and you irrevocably consent to the jurisdiction of such courts.