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Reseller Agreement

Definitions of Terms and Names used in this Agreement

“NextDay” means NextDay Network, Inc., a California corporation.

“Reseller” or “you” means the Independent Reseller who is submitting this application.

“Services” or “Products” means any products or services which NextDay Network, Inc. may offer and which the Reseller may promote in exchange for a Commission.

“RCC” means the Reseller Control Center and refers to this web site, http://www.ResellersOnly.com , or other web sites as designated by NextDayPC.com.

NEXTDAY Responsibilities

Commissions
Commissions will be paid to Reseller once a month if the commission earned during that period is at least $25.  If the amount of commission is less than $25 at the time of payment, the commission payment will be accrued and paid in the next payment cycle.

All commissions will be delayed by a minimum of two weeks from the date the commission is applied to Reseller's Account.  Commissions earned between the 1st and 15th of the month will be paid on the 1st of the following month.  Commissions earned between the 16th and the end of the month will be paid on the 15th of the following month.  Commission will only be paid on orders that have been processed by NEXTDAY.

If the date that payment is to be made falls on a weekend or holiday, payments will be processed on the next regular business day.

Customer Service and Billing
NEXTDAY will handle all billing and customer service for customers referred by the Reseller.

Marketing Tools
NEXTDAY will provide or, make available, tools needed to market the Services and Products.  While most of these tools will be available to the Reseller free of charge, some items may require a fee.

The Reseller is at no time required to pay any fee to participate in this program.  Any NEXTDAY tools or materials that require a fee are strictly optional to the Reseller.

Support Services
NEXTDAY will make every effort to ensure that communications from the Reseller are answered in a timely manner.  While the optimum response time will normally be between 24 and 36 hours, at times it may take longer to respond to the Reseller depending on the volume of messages or phone calls received by NEXTDAY.

Tracking Tools
NEXTDAY will make available to the Reseller tools needed to track activity on their Account at the RCC.  These tools may include: logging of banner displays; click-throughs (the number of times a person clicks on a banner and visits the Service web site); and orders.

NEXTDAY will make every effort to ensure that the tracking tools at the RCC are available and working properly.  As with any technology, however, there may be times when the site is unavailable.  When possible, Resellers will be notified in advance when the system will be down.

Reseller Responsibilities

Unapproved Marketing Methods
At no time will the Reseller use any of the following unauthorized methods of marketing: Unsolicited Commercial Email ("UCE"), commonly referred to as "Spam"; off-topic, cross posted or mass posted Usenet News messages; or any illegal method of advertising to promote any of the Services or Products.

The Reseller understands and agrees that if the Reseller violates this provision of this Reseller Agreement, the Reseller will immediately forfeit any and all Accrued commissions and the Reseller's Account will be immediately terminated.

Reseller Web Sites
The Reseller agrees not to advertise or promote any of the Services or Products on any web site that contains material that is illegal, promotes violence or any other content that NEXTDAY, in its sole discretion, determines to be inappropriate or which may reflect negatively on NEXTDAY, its business or its services.

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

The Reseller agrees that materials posted on his or her web site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.

NEXTDAY disclaims all liability for any illegal use of the Reseller’s website by the Reseller. The Reseller agrees to indemnify and to hold NEXTDAY harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and content of the Reseller's web site.

Images, Logos and Trademarks
Reseller is granted a limited, non-exclusive license to use selected images, graphics, logos, trademarks and/or copyrighted material as provided by NEXTDAY solely to advertise or market NEXTDAY's Services or Products.

NEXTDAY retains all rights to those items listed above at all times.  Any other use is strictly prohibited, including but not limited to the use of any image, graphic, logo, trademark or copyrighted material for the purpose of denigrating or embarrassing NEXTDAY. Determination of what is and is not acceptable use by the Reseller is at the sole discretion of NEXTDAY.

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

Within the guidelines of this Agreement, Resellers are encouraged to be creative in their marketing methods.  Ideas or suggestions for banners, logos or other artwork submitted to NEXTDAY, if used, will be compensated.  Compensation may be in the form of cash, prizes, services or products of NEXTDAY, at the sole discretion of NEXTDAY, only for original work by the Reseller.  The Reseller agrees that all such submissions become the sole property of NEXTDAY, and NEXTDAY will own all copyrights and/or trademarks.  Credit for all submissions used by NEXTDAY will be displayed on a NEXTDAY's Credits section of the RCC.

Publicity
The Reseller shall not create, publish, distribute, or permit any written material that makes reference to NEXTDAY without first submitting such material to us and receiving our prior written consent, which we agree shall not be unreasonably withheld.  Some methods of publicity and/or marketing may, at NEXTDAY's discretion, be pre-approved and made available to the Reseller in the RCC, if used within the guidelines defined for those methods.

Relationship of the Reseller to NEXTDAY
The Reseller and NEXTDAY 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 Reseller will have no authority to make or accept any offers or representations on behalf of NEXTDAY.  The Reseller will not make any statement, whether on your web site or otherwise, that reasonably would contradict anything in this section or in this Reseller Agreement.

Changes to this Agreement
NEXTDAY reserves the right to modify any of the terms of this Agreement at any time at its sole and absolute discretion.  Notice of any changes and their effective date will be emailed to the currently listed contact email address on file for the Reseller and post such changes to the RCC web site.  Your continued participation in this contract after the notification and posting of such a change constitutes binding acceptance of the changes.