Tue May 13, 2008 21:14:03
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.