Thunderbolt Computing - Affiliate Program

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Welcome Affiliate! Join our affiliate program and start earning money for every sale you send our way! Simply create your account, place your linking code into your website and watch your account balance grow as your visitors become our customers.

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Terms and Conditions
	Welcome to the Thunderbolt Computing, Inc. ("Thunderbolt Computing) Affiliate Agreement ("Agreement"). Please read this agreement carefully. This Agreement sets forth the terms and conditions under which Thunderbolt Computing makes the Thunderbolt Computing Affiliate Program available to you. By becoming a Thunderbolt Computing Affiliate and using the Affiliate Program, you expressly agree to be bound and abide by the terms and conditions contained in this Agreement. If you do not agree to be bound by this Agreement, your sole recourse is to not participate in the Affiliate Program. Thunderbolt Computing reserves the right to add, delete and/or modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion, by posting a change notice or a new agreement on the Thunderbolt Computing Web Site. In the event of substantive changes to the terms of this Agreement, we may send a notice to the email address you have provided. If any modification is unacceptable to you, your only recourse is to terminate this Agreement and your participation in the Affiliate Program. Your continued participation in the Affiliate Program following posting of a change notice or new agreement on the Thunderbolt Computing Web Site will constitute binding acceptance of the changes. 1. General Rules 1.1 The Thunderbolt Computing (and BlueJet Hosting) Terms of Service and the Thunderbolt Computing Privacy Policy are incorporated herein by this reference. As an Affiliate you will continue to be bound by the Thunderbolt Computing Terms of Service and the Thunderbolt Computing Privacy Policy. For purposes of clarity, the Affiliate Program is deemed part of the "Thunderbolt Computing Services," and all initially-capitalized terms not defined in this Agreement shall have the meaning set forth for such term in the Terms of Service and/or the Privacy Policy, and any disputes you may have resulting from your participation in the Affiliate Program will be subject to confidential binding arbitration in accordance with Section 14 of the Terms of Service. In the event of an inconsistency between this Agreement and the Terms of Service this Agreement shall control. 2. Becoming a Thunderbolt Computing Affiliate 2.1 Eligibility Thunderbolt Computing will only knowingly provide the Affiliate Program to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may participate in the Affiliate Program only under the supervision and consent of a parent or legal guardian who agrees to be bound by this Agreement. The Affiliate Program is not intended for children under the age of 13. 2.2 Opening an Account To become an Affiliate and participate in the Affiliate Program, you must enroll in the Affiliate Program by opening an Affiliate account ("Account") with Thunderbolt Computing through its online registration process. 2.3 Contact Information You must provide Thunderbolt Computing with accurate and complete contact and payment information including your PayPal account address when you open an Account. You must immediately notify Thunderbolt Computing if any of your contact or payment information changes. If you do not provide Thunderbolt Computing with complete, accurate, and updated contact information, you may not be eligible to receive commissions based on your participation in the Affiliate Program. 2.4 Account Security You will need to select a password if you open an Account. You will be solely and exclusively responsible for keeping your password confidential and all use of your password and Account, including, without limitation, any use by any third party. You must notify Thunderbolt Computing immediately if you believe your password has been or may be obtained or used by any unauthorized person or entity. In addition, you must notify Thunderbolt Computing immediately if you become aware of any other breach or attempted breach of the security of your Account or the Thunderbolt Computing Service. 3. Your Obligations 3.1 Responsibility You must use the Affiliate Program in a manner that demonstrates common sense and respect for the rights of Thunderbolt Computing and third parties. You must comply with all applicable guidelines. Violations of our anti-spam policy or our Terms of Service will result in immediate forfeiture of all Referral payments and termination of your Account. 3.2 Special Links As a member of the Affiliate Program, Thunderbolt Computing will provide you with special "tagged" link formats ("Special Link(s)") and graphical artwork to be used in linking to the Thunderbolt Computing Web Sites. You must use the Special Links in accordance with the terms and conditions in this Agreement. The Special Links will permit tracking, reporting, and commission calculations. You must ensure that each of these links properly utilize the Special Link formats. You will only earn commissions on activities occurring on the Thunderbolt Computing Web Sites if such activity was originated from properly formatted Special Links. Thunderbolt Computing will not be liable to you for any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts, which may otherwise be paid to you pursuant to this Agreement. 3.3 PayPal Account As a member of the Affiliate Program you must maintain a PayPal account that will be used to receive your commission payments. You must maintain the account information provided to Thunderbolt Computing so that it is accurate. Thunderbolt Computing will not be liable for payments made to inactive PayPal accounts. 4. Customers Purchasing Via the Affiliate Program. 4.1 Order Processing and Reporting Thunderbolt Computing will process all product orders placed by customers who follow Special Links to the Thunderbolt Computing Web Sites ("Customers"). Thunderbolt Computing reserves the right to reject orders that do not comply with any requirements that Thunderbolt Computing has and may periodically establish. Thunderbolt Computing will be responsible for all aspects of order processing and fulfillment. Among other things, Thunderbolt Computing will prepare order forms, process payments and handle customer service. Thunderbolt Computing will track sales made to Customers who purchase products using Special Links from your web site to the Thunderbolt Computing Web Sites and will make available to you reports summarizing sales activity. Thunderbolt Computing will use commercially reasonable efforts to present accurate information in the reports, but Thunderbolt Computing cannot guarantee the accuracy of the reports. 4.2 Customers Customers who buy products through the Affiliate Program will be deemed to be customers of Thunderbolt Computing. Accordingly, all of the Thunderbolt Computing rules, policies, and operating procedures concerning customer orders, customer service and product sales will apply to those Customers. Thunderbolt Computing may change the Thunderbolt Computing policies and operating procedures at any time. Service or product prices and availability may vary from time to time, and such price changes may affect services or products that you already have listed on your web site. Thunderbolt Computing will use commercially reasonable efforts to present accurate information, but Thunderbolt Computing cannot guarantee the availability or price of any particular product or service. Referrer Dispute: Customers signing up with a promo code waive their right to decide who gets any referral credit for their account. Any dispute as to which affiliate receives a referral credit will be decided at the sole discretion of Thunderbolt Computing. 5. Affiliate Commissions and Reporting. 5.1 Affiliate Commissions Thunderbolt Computing will pay you commissions ("Commissions") in accordance with this Agreement and the Affiliate Commission Schedule set forth in Section 11 of this Agreement, as may be modified by Thunderbolt Computing from time to time in its sole discretion. Thunderbolt Computing will pay you a commission on qualifying sales originating from Special Links on your web site or web space in accordance with the then current Affiliate Commission Schedule as published in Section 11. 5.2 Payment of Commissions. (a) Tax Information In order to receive your Commissions you must provide your taxpayer information to Thunderbolt Computing as required by the IRS. If Thunderbolt Computing does not have your current taxpayer information on file for a particular year, payments due to you under this Agreement may not be made until December 31st of such year, and all of such payments may be subject to a 30% backup withholding which will be submitted to the IRS. The IRS form W-9 for reporting this information can be found on the IRS website at http://www.irs.gov/pub/irs-pdf/fw9.pdf or you may enter it directly in your Affiliate Program Account under the Edit My Account link. (b) Payment Terms. Thunderbolt Computing will pay you Commissions on a monthly basis via your PayPal account. However, if the Commissions payable to you for any month are less than $20.00, Thunderbolt Computing will hold your Commissions until the total amount due is at least $20.00 or until this Agreement is terminated. All referral payments are subject to a minimum 30-day hold period to ensure referral customer is beyond the 30-day guaranteed refund period. If you have any service accounts with Thunderbolt Computing, Commissions payable will first be applied to any balance due on those accounts before being paid out via PayPal. (d) Processing Fees. If Thunderbolt Computing owes you accrued Commissions that are less than $20.00 for at least 365 days, then Thunderbolt Computing may send you payment of such accrued Commissions at its sole discretion. (e) Termination Fees. If you terminate your Account, and you have less than $20.00 in accrued but unpaid Commissions then outstanding, Thunderbolt Computing may charge you a $5 processing fee when sending you your final payment to cover its administrative costs. Termination Fees will not apply if Thunderbolt Computing terminates your account without cause or discontinues the Affiliate Program. 6. Identifying Yourself As An Affiliate 6.1 Logo. Thunderbolt Computing will make available to you a small graphic image that identifies you as a Thunderbolt Computing Affiliate Program participant. You may display this logo or the phrase "In affiliation with Thunderbolt Computing" somewhere on your web site or web space. Thunderbolt Computing may modify the text or graphic image of this notice from time to time. In addition, Thunderbolt Computing encourages (but does not require) you to include a Special Link on your web site to the Thunderbolt Computing home page at http://www.thunderboltcomputing.com. 6.2 All other Communications. Except as provided for in this Agreement, you may not make any press release with respect to this Agreement or your participation in the Affiliate Program without Thunderbolt Computing's prior written consent, which may be given or withheld in its sole discretion. You acknowledge and agree that you are not authorized to, and will not, make any representations or warranties on behalf of Thunderbolt Computing. 7. Limited Licenses 7.1 Thunderbolt Computing License to You (Logo and Links) Thunderbolt Computing grants you a limited nonexclusive, nontransferable, revocable right to use the graphic images and text provided to you by Thunderbolt Computing, for use on your web site or web space, solely for the purpose of identifying your web site or web space as an Affiliate Program participant and to assist in generating Commissions. In addition, Thunderbolt Computing grants you a limited, nontransferable, nonexclusive, worldwide right to reproduce and use all graphic images and other materials provided to you, solely for the purpose of creating Special Links connecting your web site or web space to the Thunderbolt Computing Web Sites and promoting the sale of products and service on the Thunderbolt Computing Web Sites. You may not modify the graphic images or text, or any other of the Thunderbolt Computing images, in any way without consent of Thunderbolt Computing. Thunderbolt Computing may revoke your license at any time by giving you written notice. Thunderbolt Computing reserves all of its rights in the graphic images, text, any other images, Thunderbolt Computing trade names and trademarks, and all other intellectual property rights. Any and all rights in and to Thunderbolt Computing's intellectual property shall inure to the benefit of Thunderbolt Computing. 8. Indemnification As you are bound by the Terms of Service in using the Affiliate Program, you must indemnify, defend and hold Thunderbolt Computing harmless for any claim arising out of, relating to, or connected with your alleged breach of the Terms of Service in using the Affiliate Program in accordance with Section 9 of the Terms of Service. You must also indemnify, defend, and hold Thunderbolt Computing harmless based on any claim alleging facts that, if true, would constitute a breach of this Agreement. You also agree that covered claims under this indemnity obligation shall include, without limitation (a) any claim that Thunderbolt Computing's use of any images provided via your web site or web space infringes on any trademark, tradename, service mark, copyright, license, intellectual property, or other proprietary right of any third party; and/or (b) any claim related to your web site, including, without limitation, content therein not attributable to Thunderbolt Computing. Thunderbolt Computing may withhold any Commissions that it owes you if you have to indemnify Thunderbolt Computing. 9. Term and Termination 9.1 Term The term of this Agreement will begin upon Thunderbolt Computing's acceptance of your Affiliate Program application and will end when terminated by either party. 9.2 Thunderbolt Computing Termination In its sole discretion, with or without notice to you, Thunderbolt Computing may terminate your participation in the Affiliate Program and terminate your Account. If Thunderbolt Computing determines, in its sole discretion, that you are abusing the system, the Thunderbolt Computing Service and/or the Thunderbolt Computing Affiliate Program, Thunderbolt Computing may (without limiting any other rights or remedies available to it) withdraw your participation and withhold any Commissions payable to you. 9.3 Effect of Termination You can only earn Commissions during the term of the Agreement, and Commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. Thunderbolt Computing may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your web site, all links to the Thunderbolt Computing Web Sites, product images from the Thunderbolt Computing database, all Thunderbolt Computing trademarks, trade dress and logos, all Special Links, and all other materials provided by or on behalf of Thunderbolt Computing to you pursuant hereto or in connection with the Affiliate Program. 10. Limitation of Liability YOU ACKNOWLEDGE AND AGREE THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH OF THE TERMS OF SERVICE SHALL APPLY EQUALLY TO CLAIMS FOR DAMAGES UNDER THIS AFFILIATE AGREEMENT. 11. Affiliate Commission Schedule 11.1 Primary Referral Credit Referral credit is earned at 10% of the referral customer's purchase. New referral accounts must use a different credit card number from the referrer to qualify for referral credit for the referrer. Customers also cannot refer themselves or their spouse/civil union partner. No exceptions will be made. If a referral cancels and gets their payment refunded, any Referral Credit earned from that payment will also be cancelled. 11.2 Second Level Referral Credit You may also earn a Tier-2 referral credit when someone you referred joins the affiliate program. You will receive a credit equal to 10% of any referral credit they earn. This is calculated from their referral commission amount, and not the actual customer purchase amount. These Tier-2 level referrals may be referred to as "sub-referrals". Tier-3 or higher referrals do not earn a credit. 11.3 High Performance Bonus Any affiliate referring 25 or more direct customers will receive an additional 5% commission bonus on all referrals from that point forward. This means you will earn a total of 15% referral commission once you achieve this level. You will continue to receive this level of commission for as long as your account is in good standing and you maintain a level of 25 referrals as active customers with Thunderbolt Computing. modified 12/15/2006
	I have read, understand and agree to the above terms and conditions.

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