Tonic Affiliates Program Terms & Conditions May 15, 2000 (the Fine Print)

Following are the complete terms of the Tonic Affiliates program.
By signing up for the program, you are hereby agreeing to these terms.

1. Definitions of Terms and Names used in this Agreement:

Independent Marketing Affiliate may also be referred to as "you" or "Affiliate" and refers to the individual submitting this application.

Services refers to any products or services which Tonic may offer, which the Affiliate may promote in exchange for a Commission.

2. Tonic Responsibilities:

A. Commissions

Commissions will be paid to Affiliate once a month, by means of a check sent by postal mail to the current address of the Affiliate as registered with Tonic at the Tonic Affiliates web site.

All commissions will be delayed by a minimum of 30 days from the end of each calendar month (to permit customer credit card charges and chargebacks to settle).

Commissions will be paid only when the number of domains registered meets the minimum for us to generate a check. Currently, commissions accumulate until you are due at least $30.

The commission rate for name registrations referred by the Affiliate is currently 10% of the name registration fee collected from the customer. This rate is subject to change without prior notice. Any changes to the commission rate will be posted on this web page.

B. Customer Service and Billing

Tonic will handle all billing and customer service for customers referred by the Affiliate.

C. Affiliate Statistics and Sales Tracking Tools

Tonic will make available to the Affiliate certain tools needed to track activity related to their referrals. These tools may include, but are not limited to, logging of banner displays, click-thru statistics (the number of times a person clicks on a banner and visits the Tonic web site), successful name referrals, and checks paid.

3. Affiliate Responsibilities

A. Prohibited Marketing Practices

At no time will the Affiliate use SPAM, also referred to as "UCE" (Unsolicited Commercial Email), or off-topic, cross posted or mass posted Usenet News messages, or any illegal method of advertising to promote any of the Services. The Affiliate understands and agrees that should this condition be violated, any and all accrued commissions will be immediately forfeit and that the Affiliate's account will be immediately terminated.

Affiliate is solely responsible for the development, content, maintenance and operation of the Affiliate's web site.

Tonic disclaims all liability for any content on the Affiliate's web site. Further, the Affiliate will indemnify and hold Tonic harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of the Affiliate's site.

4. Images, Logos and Trademarks

Affiliate is granted a limited, non-exclusive license to use selected images, graphics, logos, trademarks and/or copyrighted material as provided by Tonic solely to advertise or market Tonic's Services. Tonic retains all rights to those items at all times. Any other use is strictly prohibited.

The Affiliate may not at any time alter or modify any graphic or logo provided to Affiliate by Tonic under this license, without written permission of Tonic.

5. Relationship of the Affiliate to Tonic

The Affiliate and Tonic are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. The Affiliate will have no authority to make or accept any offers or representations on behalf of Tonic. The Affiliate will not make any statement, whether on a web site or elsewhere, that reasonably would contradict anything in this Section.

6. Changes to this Agreement

Tonic reserves the right to modify any of the terms of this Agreement at any time at its sole discretion. Any changes will be posted at this web page. Your continued participation in this contract after the posting of any such changes constitutes binding acceptance of the changes.