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Leads Agent Agreement
 
 

Revised 05/27/2005A

In this Ebiz4idiots, Inc. Leads Agent Agreement (this "Agreement"), "you", "user", "Leads Agent" and "your" refer to you; "we", "us", "our", "TASPCO' and "Ebiz" refer to Ebiz4idiots, Inc. (“Ebiz”) d/b/a websitepipeline; and "Leads Agent" and "User" refers to each Ebiz Leads Agent. Ebiz provides web-based, e-commerce information, software, products and other services to persons and entities throughout the United States and other countries (the "Business"). In connection with the Business, we have implemented the Ebiz Leads Agent Network, through which we facilitate the referral of business. In the event that we approve your Leads Agent Network Application, this Agreement explains our obligations to you and your obligations to us in relation to your appointment as a Leads Agent.

1. Acceptance of Agreement
By clicking the icon below entitled "Submit", you acknowledge that you have read, understand, and accept the terms and conditions of this Agreement, and you agree to be legally bound by all of such terms and conditions.

2. Appointment
In the event that you desire to become a Leads Agent, you agree to complete the Leads Agent Application located at www.websitepipeline.com and incorporated herein by reference. You expressly confirm and warrant that the information you submit to us in your Leads Agent Application is true and accurate in all respects. We reserve the right to approve or reject your Leads Agent Application for any reason at our sole discretion. We will notify you of approval or rejection within thirty (30) days of our receipt of your Leads Agent Application.

3. Revisions
Ebiz may revise these terms from time to time, at our sole discretion, by updating this posting. Unless otherwise provided below, the revised terms will take effect when they are posted. BY CONTINUING TO USE ANY WEBSITE HOSTED ON EBIZ SERVERS OR LICENSING EBIZ SOFTWARE, YOU ARE INDICATING YOUR AGREEMENT TO THE TERMS OF THIS USE AGREEMENT AND ALL REVISIONS THEREOF.

4. Leads Agent Obligations
As a member of the Leads Agent Network you agree to provide true, accurate and complete information as prompted by the registration form, and maintain and update such information to maintain its truth, accuracy and completeness. Whenever you supply any information to Ebiz, Ebiz VARs, or Ebiz clients, you agree to provide true, accurate and complete information. Ebiz reserves the right to terminate your account upon the discovery that the information you provided or posted is not complete or accurate. You agree to not impersonate or misrepresent your affiliation with any person or entity.


5. Website Referral Commissions
A. In the event that you identify a potential client that desires a website, the project may be turned over to Ebiz to pursue. If Ebiz decides to pursue the project, and is successful in securing an order (“Referred Project”) from that customer (“Referred Project Customer”), you shall receive a Direct Sale Referral Commission (see table in section F for the amount) subject to the limitations set forth below. Ebiz reserves the right to change the Ebiz Direct Sale Referral Commissions applicable thereto from time to time, at its sole option and discretion, upon thirty (30) days prior written notice to you.

B. A Lead given to Ebiz by you will only be eligible for an Ebiz Direct Sale Referral Commission if the following condition is met:

(1) You clearly identify the project as a potential fit for Ebiz’s capabilities and market focus, and you personally speak with the prospective customer about the project requirements prior to turning the Lead over to Ebiz.

C. The commission shall be paid on the initial sale including software modules, creative and design services, and branding, but will not include monthly hosting fees or custom software development. Commissions are paid after the payment is received.

D. The commission rate is based on Ebiz securing the project at our current published retail prices. A reduction in the sales price (below retail) may result in a reduction in the commission rate at Ebiz's sole discretion.

E. You acknowledge that Ebiz may turn over the referral to one of their VARs for fulfillment and that the VAR would then pay the referral commission directly to you. In the event that the referral is turned over to a VAR to fulfill, you agree that Ebiz is in no way liable, in part or in full, for any financial or legal disputes that may arise between written, verbal, or inferred contracts between Leads Agents and any VAR, Client, or any other person or entity.

F. Direct Sale Referral Commission Rate

Website Sales Price Commission
$1,500 to $4,999 $100
$5,000 to $9,999 $250
$10,000 to $19,999 $500
$20,000+ $1,000

6. Termination
Without limiting Ebiz's other remedies, We may issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide any services to you (a) if you breach any terms and conditions of this Leads Agent Agreement or the agreements incorporated herein by reference, including our written policies and procedures posted on the Site; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or for Ebiz. Violations of this Leads Agent Agreement will be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions.

7. Cancellation
To cancel your subscription, please send the information below to us via email (info1@websitepipeline.com), fax (1-864-272-3299) or certified mail at:

Ebiz4idiots, Inc
319 Garlington Rd
Suite B-3
Greenville, SC 29615
USA

Cancellation goes into effect immediately and your information will be removed from the Leads Agent list.

Please include your full name, phone number and address.

8. Protection of Copyrights and Trademarks
The Leads Agent Site at www.websitepipeline.com contains trademarks and other material furnished by Ebiz, its licensors, and other users. You should assume that everything you see or read in publicly viewable areas of the Site that was not furnished or received by you (such as images, photographs, illustrations, text and other materials) ("Site Content") is copyrighted unless otherwise noted. You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Site Content in any way for any public or commercial purpose without prior written consent of Ebiz or the rights holder. You may not use the Site Content on any other web site or in a networked computer environment for any purpose except your own personal viewing. In order to protect Ebiz's and its Licensor's trade secrets, you agree that you will not 'reverse engineer' any Site Content consisting of downloadable software, unless specifically authorized by the trade secret owner or otherwise permitted by law. If you violate any of these terms, your permission to use the Site Content will automatically terminate; you must immediately destroy any copies you have made of the Site Content; and we may revoke your authorization to use the Site.

9. Reproduction
All Ebiz Sites or any portion of all Ebiz Sites may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Ebiz. Ebiz and its affiliates reserve the right to refuse service, terminate accounts, and/or cancel service requests or memberships in its discretion, including, without limitation, if Ebiz believes that a User's conduct violates applicable law or is harmful to the interests of Ebiz and its affiliates.

10. Intellectual Property Policy
Ebiz respects the intellectual property of others and expects our account holders to do the same. At our discretion and in appropriate circumstances, Ebiz may terminate the accounts of users who infringe upon the intellectual property rights of others.

Pursuant to 17 United States Code 512(c)(2) (Digital Millennium Copyright Act of 1998), Ebiz's designated agent for notice of alleged copyright infringement appearing on our Site is:
Ebiz4idiots, Inc.
319 Garlington Rd - Suite B-3
Phone: 864-272-4000
Fax: 864-272-3299
Email address: info1@websitepipeline.com
To file a notice of infringement with us, one needs to fulfill the requirements specified in Title II of the Digital Millennium Copyright Act of 1998. The text of this statute can be found at the U.S. Copyright Office web site, http://lcweb.loc.gov/copyright/ (visited February 23, 1999).

11. Reservation of Rights; Limited Licenses
Ebiz and its licensors shall retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. You acknowledge that the Ebiz logo and name are trademarks of Ebiz, and may be registered in certain jurisdictions. All other product names, company names, marks, logos, and symbols on the Site may be the trademarks of their respective owners.

Except where expressly provided by Ebiz, nothing in this Leads Agent Agreement shall be construed to confer any license under any of Ebiz's or any third party's intellectual property rights, whether by estoppel, implication, or otherwise.

12. Miscellaneous
A. This Leads Agent Agreement will be governed by the law of Greenville, South Carolina without regard to its conflicts of law provisions. Any dispute related to this Leads Agent Agreement will be settled in a binding arbitration under the arbitration rules of the American Arbitration Association. Any dispute you may have with respect to all Ebiz Sites must be commenced within one year after it arises, or the cause of action is barred

B. The paragraph headings in this Leads Agent Agreement, shown in boldface type, are included to help make the agreement easier to read and have no binding effect.

C. The Leads Agent Agreement and the agreements referenced in this Leads Agent Agreement comprises the entire agreement between you and Ebiz with respect to the use of the Site and supersedes all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any web site that links-to or is linked-from the Site. If any part of this Leads Agent Agreement is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

D. Please see our Privacy Policy, which is incorporated herein by reference.

E. Ebiz will provide notices by posting them on the Site and you agree to check the Site for notices. You also authorize Ebiz to send notices to you, at Ebiz's discretion, via electronic mail unless you otherwise indicate in writing to info1@websitepipeline.com. Regardless of whether Ebiz sends an email notification, you will be considered to have received a notice when it is made available to you by posting on the Site.

F. We may modify or discontinue any Ebiz Website and the services available at it without notice or liability to you.

G. This Leads Agent Agreement is personal to you and you may not transfer, assign or delegate this Use Agreement to anyone without the express written permission of Ebiz. Any attempt by you to assign, transfer or delegate this Leads Agent Agreement without the express written permission of Ebiz shall be null and void.

H. This Leads Agent Agreement and any registration for or subsequent use of the Site will not be construed as creating or implying any relationship of agency, independent contractor, franchise, partnership, or joint venture between any User and Ebiz.

We suggest that you print out a copy of this Leads Agent Agreement for Your records.