Definitions

Whereas SnappyISP is a wholly owned service of YourNew.com, for this purpose, the terms "SnappyISP" and "YourNew.com" are to be considered interchangeable and synonymous.

This Affiliates Program Agreement (the "Agreement") is a legal agreement between you and YourNew.com (YourNew.com) and contains the complete terms and conditions that apply to an individual's or entity's participation in the YourNew.com Affiliates Program (the "Affiliates Program"). In this document, "you" refers to the Affiliates Program applicant, and "we" refers to YourNew.com. By completing an Affiliate Program Application and clicking on the "accept" button below, you agree to be bound by the terms of this Agreement.

1. ENROLLING IN THE PROGRAM

To begin the enrollment process, you must submit a completed Affiliates Program application via the SnappyISP site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Affiliates Program for any reason. Unsuitable sites include, but are not limited to, those that: promote sexually explicit materials; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; promote illegal activities; or violate intellectual property rights. If we reject your application, you may reapply to the Affiliates Program at any time, and we will reconsider your application.

2. LINKING TO OUR SITE

On your site, you may place Site Links to pages on the YourNew.com / SnappyISP sites. For purposes of this Agreement, a "Site Link" is a hypertext link comprised of a URL and a YourNew.com-approved graphic, available upon request. The URL also incorporates unique Affiliates Program Identifier Information, which will be provided to you by YourNew.com, or its agent. Once accepted, you may add or delete Site Links from your site at any time without our approval. Each Site Link must connect directly to the YourNew.com site. You may not transmit "interstitial advertising" to users as they link from your site to the YourNew.com site, or otherwise interrupt such link through the use of any intermediate screen or device, including without limitation the use of any html pop-up window. In addition, you may not frame, or otherwise create a border environment or browser around, the YourNew.com / SnappyISP sites, or the contents thereof. You will be solely responsible for properly incorporating the Affiliates Program Identifier Information into your Site Link and testing the Site Link to ensure that it operates properly. 

You agree not to use any automated systems for the purposes of artificially inflating commissions or to manually, or in any other way, cause orders to happen except by individual end users who link from your site to ours for purposes of ordering YourNew.com / SnappyISP service. YourNew.com retains the right to question unusual download patterns and will withhold commissions if it determines, in YourNew.com's sole discretion, that fraud of any kind has been committed.

3. 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 use of YourNew.com / SnappyISP service by people following a special Link from your site, and for providing information regarding sales statistics.

4. LIMITED LICENSE

In your Site Links, you agree to use only those graphic images that we provide, and further agree to update such images with any new images we provide. You may not alter the look, feel or functionality of the graphics in any way without YourNew.com's permission. We grant you a limited, non-exclusive, revocable, non-transferable right to use the YourNew.com / SnappyISP Affiliates Program graphics and such other images for which we grant express permission, solely for the purpose of identifying your site as a YourNew.com / SnappyISP Affiliates Program participant. We reserve all of our rights in the graphics and all other intellectual property rights. You hereby agree that your site will not, in any way, copy or resemble the look and feel of our site nor will you create the impression that your site is our site(s) or is a part of our site(s). You also hereby agree that your site will not contain any content of our site(s) or any materials which are proprietary to YourNew.com, except (i) with our prior permission, or (ii) materials which are obtained by you via the YourNew.com site in accordance with the provisions hereof or the policies or instructions thereon. We may revoke your license at any time by giving you written notice. You acknowledge that we may desire to use Affiliates Program members' names and logos in press releases, product brochures and financial reports indicating that you are a member of the YourNew.com Affiliates Program, and you agree that we may use your name and logo in such a manner.

5. TRADEMARKS

You acknowledge that the YourNew.com / SnappyISP Trademarks, which include without limitation, the symbols, trademarks and service marks used by YourNew.com / SnappyISP to identify its products and/or services, belong solely to YourNew.com and that members of the Affiliates Program have no rights in such Trademarks except for the purpose of displaying Site Links on the Affiliate's site(s) in accordance with the provisions of this Agreement. Any goodwill arising from the use of our Trademarks hereunder will belong to YourNew.com. At no time during or after the term of this Agreement will you challenge or assist others to challenge our Trademarks or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to the Trademarks. At our reasonable request, all depictions of our Trademarks that you intend to use will be submitted to us for approval of design, color of other details. In the event we do not approve of such depiction, you will cease using such depiction immediately upon notice. The provisions of this section will survive expiration or termination of this Agreement for any reason.

6. TERM OF THE AGREEMENT

The term of this Agreement will begin upon your receipt of written notification from YourNew.com of its acceptance of your 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. Upon the termination of this Agreement for any reason, you will immediately cease all use of YourNew.com / SnappyISP Trademarks, and remove from your site(s), all Site Links, and all other materials provided by or on behalf of us to you in connection with the Affiliates Program. You are only eligible to earn commissions during the term. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Notification via e-mail to your address in our records will be deemed to have been delivered and given for all purposes on the delivery date. Any notice required or permitted hereunder shall be sent to the following address:

YourNew.com
2420 SW 17th Street
Topeka, KS 66604

7. WARRANTY AND DISCLAIMER

You warrant that you have full power and authority to enter into this Agreement, and that the entering into and performance of this Agreement by you will not violate, conflict with, or result in a default under any other contract or agreement to which you are a party. You warrant that your site(s) will not infringe, violate or misappropriate any copyright, trade secret, trademark, or other proprietary or intellectual property right of any third party or constitute libel, defamation, invasion of privacy or the violation of any right of publicity or any other right of any third party. You are solely responsible for the development, operation, maintenance and content of your site(s). YourNew.com will not be responsible for any of the foregoing. You agree to indemnify and hold YourNew.com, and its directors, officers, affiliates, employees and agents, harmless from all liability, claims, damages and expenses (including without limitation attorneys' fees, court costs and costs of other professionals) relating to or arising from the development, operation, maintenance and contents of your site(s); and/or any breach by you of any representation, warranty or agreement made herein.

THE SITE LINKS, AND ALL OTHER DOCUMENTATION AND SERVICES ARE PROVIDED BY YourNew.com "AS IS." WE MAKE NO PROMISES, WARRANTIES, OR REPRESENTATIONS OF ANY KIND, AND WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SUBJECT MATTER HEREOF, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT OUR PRODUCTS WILL BE AVAILABLE FOR PURCHASE FROM THE YourNew.com /SnappyISP SITES. THE PROVISIONS OF THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON.

8. LIMITATION OF LIABILITY

IN NO EVENT WILL WE BE LIABLE TO YOU FOR LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF DATA, INTERRUPTION OF BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, OR FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, INDIRECT OR INCIDENTAL DAMAGES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE AFFILIATES PROGRAM, HOWEVER CAUSED, AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY. THE LIMITS SET FORTH IN THIS SECTION WILL APPLY EVEN IF YourNew.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED THE TOTAL COMMISSIONS PAID TO YOU UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON.

9. CONFIDENTIALITY

During the term of this Agreement, you may have access to certain non-public information of YourNew.com / SnappyISP, which information a reasonable person would consider confidential or which is marked as "confidential" or "proprietary" ("Confidential Information"). Confidential Information does not include information that is generally known and available, or in the public domain through no fault of yours. You agree not to disclose any Confidential Information to any third parties, not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under this Agreement, and to keep the Confidential Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. These obligations will survive for three years after expiration or termination of this Agreement for any reason.

10. 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 SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE(S). YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATES PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

11. GENERAL

You and YourNew.com / SnappyISP are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and YourNew.com / SnappyISP. You understand that you do not have authority to make or accept any offers or make any representations on behalf of YourNew.com / SnappyISP. You may not make any public statement, press release or other announcement relating to the terms or existence of this Agreement, or your participation in the Affiliates Program, without the prior written consent of YourNew.com. If any provision of this Agreement is held unenforceable, that provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement will continue in full force and effect. 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 our site(s). If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliates Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change. You may not assign or otherwise transfer this Agreement or any of your rights or duties under this Agreement, without our prior written consent. This Agreement will inure to the benefit of YourNew.com, its successors, administrators, heirs, and assigns. This Agreement is governed by the laws of the State of Missouri, without reference to its conflict of law principles and without regard to the 1980 U.N. Convention on Contracts for the International Sale of Goods. This Agreement constitutes the complete and exclusive understanding and agreement of YourNew.com and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, and communications (including advertisements), whether oral or written, between the parties.