Bestnet, Inc., offers an
opportunity for owners/operators of Internet Web Sites to
earn 6 cents per unique click-though, defined as a hit to
the Bestnet Web Site from an IP address that has not
been seen for the prior 24 hours. The offer applies only
to banners appropriately linked to the Bestnet Web Site
and after a member becomes a registered participant.
The Terms and conditions
of this Agreement are as follows:
1. How Bestnet Banner Ads
Program Operates:
1.1 The method by which visitors shall be directed to
Bestnet's Sites is known as an internet "hypertext
transfer" link. Bestnet, Inc. (hereinafter
"Bestnet") shall designate and design the
appearance and syntax of the hypertext links (also called
"banners") which will appear at your site.
1.2 Upon sign-up you will be provided with
instructions as to how to install the URL(s) to which you
will link from the banner(s) appearing at your site. You
must install the URL as instructed in order to receive
credit to your account. "Blind links," or any
other falsification of banner hits shall be cause for
denial of payment and immediate termination and may
result in legal action at Bestnet's option.
1.3 Upon sign-up you will be asked to select a User ID
and a PASSWORD. Please remember, and right down this
information, as you will need both your User ID and
PASSWORD to access your Account Statistics. Account
statistics are updated in real-time basis.
1.4 Your commission shall be earned on each
"unique click-through," which occurs when a
user enters with an IP address that has not been
identified within the prior 24 hours period.
1.5 Bestnet does not pay on hits from spamming or
listing on newsgroups, search engines, phony WebSites,
forced clicks, or any other fraudulent method.
1.6 Bestnet may reject your application if we
determine (in our sole discretion) that your site is
unsuitable for the Program. Unsuitable sites include
sites that:
- promote sexually explicit materials
- promote violence
- promote discrimination based on race, sex,
religion, nationality, disability, sexual
orientation, or age
- promote e-mail spamming services or software
- promote illegal activities
- violate intellectual property rights
2. Site Owner/Operator Obligations:
2.1 You are required to enter a Federal Tax ID or
Social Security Number on the registration form if you
are in the United States. Bestnet will register a 1099
for all U.S. domestic entities or a 1042-s for all
foreign entities to whom we issue combined yearly
payments of $600.00 or more.
2.2 In order to receive payment, you must enter valid
postal address, e-mail address and telephone information.
U.S. entities must include a Federal Tax Id Number or a
Social Security Number in the application form.
2.3 You may not use text links, blind hits, framed
pages, or "beg" for clicks.
3. Rights Granted:
3.1 Bestnet grants to the person or entity, who is the
owner/operator of an Internet Site (hereinafter
"Site Operator") the non-exclusive right to
direct (refer) users or visitors from their Web site to
Bestnet's Web Sites.
3.2 Bestnet grants to the Site Operator a limited,
non-exclusive, non-transferable license, during the term
of this Agreement, to use graphics, including banners,
and other intellectual properties (hereinafter
"marks") owned by Bestnet for the sole purpose
of marketing, advertising and promoting Bestnet's
WebSite(s). The Site Operator may not alter or modify the
link or banner, or any other marks, in any way, without
the prior written permission of Bestnet. In the event
that the Site Operator installs Bestnet's
"marks" behind any password protected area on
their web site(s), they must within 24 hours provide a
username and password to Bestnet to review such usage
behind those protected areas on their web site(s). No
commission will be paid for "marks" contained
within and/or behind a protected area, unless the Site
Operator sends Bestnet a valid username and password via
email at: sales@bestnet.net within 24 hours after
placing Bestnet's "marks" behind the protected
area(s) on the Site Operators web site(s). The license
herein granted shall be automatically and immediately
ceased upon the termination of this Agreement.
3.3 The rights granted herein shall be for reasonable,
appropriate and lawful use, only.
4. Site Operator Commission
4.1 The Site Operator commission for each unique
click-through (as defined in paragraph 1.4) directed to
Bestnet's WebSite(s) from your site, is to be 6 cents
per unique click-through. Commissions shall be paid on a
monthly basis (on or about the 15th of each month),
except that commissions must reach a minimum of twenty
dollars ($20.00) before a payment will be issued.
All payments will be made by check in U.S. Dollars,
payable to you from Hyson International Corp.
5. Representations and Warranties:
5.1 You, as Site Operator, warrant and represent that you
own or operate a lawful, and otherwise valid Internet Web
Site. You further represent that you have the requisite
power and authority to enter into this Agreement and
perform the obligations set forth herein; that
performance under this Agreement does not and will not
constitute a breach of any existing contract or
obligation undertaken by you; and that there are no
outstanding orders, judgments, decrees, rules or
regulations which would preclude you from entering into
this Agreement. You shall indemnify Bestnet and its
shareholders, officers, directors, employees and assigns
against any loss, damage, liability (including reasonable
legal fees) which result from the use of any Bestnet
materials not expressly authorized by this Agreement.
6. Disclaimer and Limitation of Liability:
6.1 Bestnet makes no warranties, either express or
implied, with regard to the performance of the Banner Ads
Program and/or the link or the Content of Bestnet
WebSite(s) and Bestnet expressly disclaims any
warranties, including that of merchantability or fitness
for a particular purpose. Bestnet shall not be held
liable to the Site Operator or any other person or
entity, including users of Bestnet's services, for any
losses, injuries or damages of any kind, arising from or
in connection with any mistakes, errors, omissions,
delays, or interruptions in the transmission or receipt
of Bestnet's services or content.
7. Term and Termination of Agreement:
7.1 The term of this Agreement shall be indefinite.
Bestnet reserves the right to terminate this Agreement
at any time, without cause. Delivery of notice via e-mail
and/or the posting of such notice on any portion of
Bestnet's Web Sites shall be considered sufficient
notice to the host site (you).
7.2 Upon termination of this Agreement, you shall
immediately cease using Bestnet's marks and remove
Bestnet's marks and banner(s) from your site.
7.3 Any warranties, indemnities and obligations, which
by their nature are designed to survive termination,
shall extend beyond the termination of this Agreement.
7.4 Upon termination of this Agreement you shall be
entitled to all unpaid commissions earned prior to the
date of termination. The site Owner shall not be entitled
to receive commissions for referrals delivered after the
date of termination.
8. Acceptance and Execution of This Agreement:
8.1 By filling out and requesting to become a registered
affiliate of the Banner Ads Program, you are Agreeing to
be bound by the Terms of this Agreement and Bestnet is
agreeing to become a counter-party to the Agreement. The
date of execution shall be the date on which the form is
forward to Bestnet and the member enrolls.