ActualScripts, Company.

TERMS AND CONDITIONS OF AFFILIATE AGREEMENT

Affiliate License Terms

READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING TO SIGN UP FOR THE AFFILIATE PROGRAM. SIGNED TO THE AFFILIATE ROGRAM, YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS.

1. License.

   In this license agreement ("License Agreement"), you, the holder of the license rights granted by this Agreement, are referred to as "Licensee" or "You". In accordance with the terms and conditions of this License Agreement, ActualScripts, Company ("Licensor" or "us" or "we") grants Licensee the non-exclusive license, to market for Licensor by establishing links from the Licensee's web site to web site of Licensor. Licensee is authorized by Licensor to promote and convey orders for the accompanying software ("Software") and documentation ("Documentation"), in return for a commission. In this License Agreement, the Software and Documentation and any copies or modifications are referred to as the "Licensed Product". All rights to and in the Licensed Product, all copies and derivative works, including, but not limited to, copyrights and trade secret rights, belong to Licensor and Licensor holds title to each copy of the Software. Licensee shall not to, directly or indirectly, sub license, publish, distribute, disclose, disseminate, reverse engineer, copy, or reproduce the Licensed Product except as provided for in this License Agreement.

2. Term and Termination.

   This License Agreement is effective until terminated by either party. Either Licensee or Licensor may terminate this License Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this License Agreement for any reason, all Proprietary Information of Licensor in the possession of Licensee or under its control shall be immediately returned to Licensor. All provisions of this Agreement relating to disclaimers of warranties, limitation of liability, remedies, or damages, and Licensor's proprietary rights shall survive termination. Licensee is only eligible to earn commissions on sales of Licensed Products occurring during the term. Licensor may withhold Licensee's final payment for a reasonable time to ensure that the correct amount is paid.

3. License fees.

   We will pay to Licensee the commissions from all revenue received by us from customers referred by Licensee. The amount of commissions is calculated monthly and depends from total amount of revenue received from Licensee's customers during month. All payments are sent at first dates of each month in case specified minimum balance is reached.

4. Links and Traffic.

   Licensor will supply Licensee with necessary Links which Licensee shall display on its site and which shall link the Licensee's web site to web site of Licensor. Licensee should utilize only original (unmodified) Links to avoid of lost commissions. Licensor is not liable to Licensee for any lost commissions resulting from Licensee failure to link to Licensor web site properly.

   Licensee must restrict the use of any page titles, page-building or coding techniques that cause Licensee's page or site to appear as an Licensor's listing on a search service index. Coding techniques that mislead or confuse the consumer will not be permitted. Jump pages, bridge pages or other custom-designed search service pages may not be built based upon the search terms, including, but not limited to any Licensed Product.

   Posting, mailing or distributing Licensor materials, coupons, gift certificates or other discount mechanisms in any way without prior permission from Licensor is grounds for immediate termination of this agreement. Unsolicited mass mailing (i.e. SPAMMING), which contains links to Licensor, is not permitted and is grounds for immediate termination of this agreement.

5. Limited Warranty.

   Licensor does not warrant that the functions contained in the Licensed Product will meet end user requirements or that the operation of the Software will be uninterrupted or error-free.

   THE LICENSED PRODUCT IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. LICENSOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET END USER REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED PRODUCT IS WITH END USER.

6. Limitation Of Liability.

   LICENSOR'S SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IS THE REPLACEMENT OF DEFECTIVE MEDIA. IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, PUNITIVE, DIRECT OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF DATA, OR LOSS OF PROFITS OR LOST SAVINGS OR LOSS OF USE, ARISING OUT OF USE OF OR INABILITY TO USE THE SOFTWARE OR DOCUMENTATION OR FOR ANY INSTALLATION SERVICES, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY.

7. Technical Support.

   Once you have licensing as affiliate of the Licensed Product, technical support is available via e-mail and help boards.

   For technical support requests, please allow 12-18 hours for a response. We do not have a 24-hour staff to handle the requests we get, so please be patient when requesting assistance. We do not provide telephone tech support at this time. To date, we have been able to successfully resolve ALL tech support issues through e-mail and the help boards, so just because we don't offer phone support doesn't mean we can't help.

   The tech support staff will be able to assist you with problems you encounter, but we do not provide server administration services to get your server properly configured.

8. Confidentiality.

   Your personal information will be kept confidential and will not be disclosed to a third party unless we are presented with a court order ordering us to do so. We reserve the right to use your web site URL as an example for other potential affiliates to view. We reserve the right to link to your site while this License Agreement is effective.