Palcom (hereinafter "Palcom") operates the Palcom Associate Program, through which independent owner-operators of Internet Web sites ("Associates") are granted the non-exclusive right to direct visitors to Associate's Internet services (the "referrals") to one or more Internet products or services designated by Palcom.

1. Method to identify referrals:

Palcom shall pay Associate a commission for each independent product or service member signup delivered to Palcom, through a method known as an Internet "hypertext transfer" link and ASP/FI reference coding. The appearance and syntax of the hypertext transfer link and reference coding are designed and designated by Palcom and constitute the only authorized and permitted representation of sending referrals. Associate must strictly follow technical guidelines for the Palcom Associate Program in order to earn commissions. Termination of this Agreement is at will, and may be effected by either party at any time.


2. Association:

Palcom hereby grants associate the non-exclusive right to direct visitors to the products and services designated by Palcom, in accordance with the terms and conditions of this Agreement. This Agreement does not grant Associate an exclusive right or privilege to assist Palcom in the solicitation of orders arising from Associate's referrals, and Palcom may contract with and obtain the assistance of others at any time to perform services of the same or similar nature as specified herein. Associate shall have no claims to commissions or compensation on business secured by or through persons or entities other than Associate. In connection with such solicitations and referrals, Associate

• Shall not misrepresent Palcom or Palcom or otherwise make any claims, representations, or warranties in connection with Palcom Service other than as expressly authorized by Palcom, and
• Shall have no authority to, and shall not bind Palcom to any obligations, except as may be expressly set forth herein to the contrary or as otherwise agreed to and approved in advance by Palcom in writing.

Notwithstanding the above, or anything to the contrary in this Agreement, Associate shall neither sell nor promote Palcom’s Hosting services without the express prior written consent of Palcom. Nothing in this Agreement, nor any conduct of either party shall be deemed to constitute an employment relationship.


3. Compensation Payment:

Palcom shall pay the Associate a commission for each independent bona-fide product or service purchase lead delivered to Palcom, through a banner advertisement and/or hypertext link. Palcom will not issue a payment to Palcom customers who refer themselves from an Associate banner advertisement of hypertext link. The commission paid to Associate for each signup may change from time to time. Associate should review the Associate page of the Palcom’s Hosting Web Site at least once per month for the current commission rates for product and service sales and for any other changes to the Palcom Associate Program, including but not limited to the technical guidelines. All Associates are deemed on actual notice for any item posted on the Palcom’s Hosting web site at the time of such posting regardless of whether or not Associate have actually accessed such information. Palcom will pay Associate within 45 days in Indian Rupees (INR) for all commissions earned for the prior period. Palcom will track the commissions earned per Associate in accordance with the technical guidelines. Palcom will track all commissions earned and may at its absolute discretion decide not to pay any commission to any Associate should Palcom believe that any referral has been made in violation of the technical guidelines. Palcom reserves the right to withhold any commission for any referral that was made in violation of the technical guidelines. It is the Associate's sole and absolute duty to follow precisely the technical guidelines at all times. Palcom is under no obligation whatsoever to pay any commission to any Associate who does not strictly follow the technical guidelines, as modified from time to time.


4. License and Associate’s conduct:

• Palcom hereby grants to Associate a non-exclusive, non-transferable license, during the term of this Agreement, to use the hypertext transfer links (hereinafter "Banner(s)") solely in connection with the marketing, advertisement, and promotion of Palcomonline.com. Associate's use of the Banners will at all times be subject to the prior written approval of Palcom, which shall not be unreasonably withheld or delayed. Associate shall comply with all guidelines provided by Palcom with respect to the graphic reproduction, appearance, and "look and feel" related to the marketing and representation of the Banner(s) and Palcom. This license cannot be sub-licensed, assigned or otherwise transferred by Associate to any third Person or Entity without the express prior written consent of Palcom. The license granted by Palcom to Associate hereunder shall automatically and immediately terminate upon any termination of this Agreement. Any unauthorized use of the Palcom’s banners will be cause for immediate termination of this Agreement.

• The license granted to associate herein is subject to the reservation in Palcom of all right, title, and interest in and to Palcom’s Banner(s) and Palcom. The Banner(s) and Palcom are the valid and exclusive property of Palcom, and Associate's right to use the Banner(s) and Palcom is limited to and arises only out of the license granted hereunder. Associate shall not assert the invalidity, unenforceability, or contest the ownership by Palcom of the Banner(s) and Palcom in any action or proceeding of whatever kind or nature, and shall not take any action that may prejudice Palcom's rights in the marks, render the same generic, or otherwise weaken their validity or diminish their associated goodwill.

• Associate MAY NOT send Spam or unsolicited commercial email with our URLs present in the email. Associate will not be paid if associate sends traffic directly to our site from Spam. Palcom does not tolerate the use of Spam.

• Associate may use any of our banners. In addition, we recommend using big, descriptive text links above and below our banners to increase associate’s clicks. If associate prefer to use banners that associate have created, associate are welcome to do so as long as those banners accurately represent Palcom, its products and services. Palcom reserves the right to order its Associates to terminate at any time, all use of any banners not provided by this Web site.

• Associate may use any text link as long as it is a proper description of Palcom’s Hosting Services. For example, associate may not use a text link saying Click here for free web hosting! Palcom offers high-quality services that are valuable to Webmasters. This is what associate should be promoting, not gimmicks or freebies. Associates using false or misleading text links will be removed from the Palcom Associate Program at any time, at the sole discretion of Palcom.

• Associate may not force visitors to our page via any mechanism, which acts as an automatic transport, such as meta refresh or forced exit scripts. Associate are welcome to use consoles, pop-ups, or any method, which displays our banners or text links and allows the visitor to choose to visit Palcom. We understand and want our Associates to understand that unproductive traffic has no benefit to associate, or us, since associate only earn commissions on visitor referrals that actually purchase our products and services.

• Palcom reserves the right to terminate webmasters from our Associate Program at any time and for any reason. If and when this happens, all earned commissions will be paid to the Associate on the next payment date.

• Any Palcom Associate found cheating will be terminated immediately without pay. We will also actively pursue all legal actions available to recover any amounts previously paid.

5. Representations, Warranties, and Covenants.

5.1       Associate is duly organized, validly existing, and in good standing under the laws of the state or country of Associate's origin and operations;

• Associate has all requisite power and authority to enter into this Agreement and to carry out and perform its obligations under the terms of this Agreement;
• Associate is an adult at least eighteen (18) years of age;
• This Agreement has been duly authorized, executed, and delivered by Associate and is a valid and binding obligation of Associate enforceable in accordance with its terms; and
• The execution, delivery, and performance of and compliance with this Agreement does not and will not conflict with, or constitute a default under, or result in the creation of, any mortgage, pledge, lien, encumbrance or charge upon any of the properties or assets of Associate, nor result in any violation of
  
• Any term of Associate's governing documents,
• In any material respect, any term or provision of any mortgage, indenture, contract, agreement, instrument, judgment or decree, or
• To the best of Associate's knowledge, any order, status, rule or regulation applicable to Associate, the violation of which would have a material adverse effect on Associate's business or properties.

6. Disclaimer of Warranties and Limitation of Liability

• Palcom makes no warranties, either express or implied, concerning the performance or functionality of the Palcom Associate Program, including but not limited to its Banner(s) or Palcom, and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose. Under no circumstances shall Palcom be liable to Associate or any other Person or Entity, including, without limitation, customers, for any loss, injury, or damage, of whatever kind or nature, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Palcom Associate Program or Palcom’s Hosting. Without limiting the generality of the foregoing, Palcom shall in no event be liable to associate or any other person, including, without limitation, subscribers, for indirect, incidental, or special damages, lost profits, lost savings, or any other form of consequential damages, regardless of the form of action, even if Palcom has been advised of the possibility of such damages, whether resulting from breach of its obligations under this agreement or otherwise.
  
  
• Palcom makes no warranties as to any Palcom Associate Program services furnished, provided, or sold to Associate hereunder, including, without limitation any implied warranties of merchantability or fitness for a particular use or purpose.

7. Term and Termination of Agreement:

• The term of this Agreement shall be continuous, unless and until either party notifies the other in writing, with at least 24 hours advance notice, that such party desires to terminate the Agreement, in which case this Agreement may be terminated immediately. TERMINATION IS AT WILL, FOR ANY REASON, BY EITHER PARTY. For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.

• Upon any termination of this Agreement, Associate and Palcom will be released from all obligations and liabilities to the other occurring or arising after the date of such termination or the transactions contemplated hereby, except with respect to those obligations which by their nature are designed to survive termination as provided herein; provided that no such termination will relieve Associate from any liability arising from any breach of this Agreement occurring prior to termination.

• Upon termination of this Agreement:

• Palcom's acceptance of referrals obtained through Associate shall not constitute a continuation or renewal of this Agreement or a waiver of such termination;
• Associate shall be entitled only to those paid commissions, if any, earned by Associate on or prior to the date of termination;
• Associate shall in no event be entitled to commissions with respect to any amount of referrals delivered after the date of termination, irrespective of whether any service or product order, contract, or commitment relating thereto was entered into prior to the date of termination;
• All rights and licenses of Associate hereunder shall immediately terminate; and
• Associate shall return to Palcom any confidential information, and all copies thereof, in its possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of Palcom and the Palcom Associate Program.

8. Indemnity

Associate shall defend, indemnify, and hold Palcom, its directors, officers, employees, and representatives harmless from and against any and all liabilities, losses, damages, and costs, including reasonable attorneys' fees, resulting from, arising out of, or in any way connected with:

• Any breach by Associate of any warranty, representation, or agreement contained herein;
• The performance of Associate's duties and obligations hereunder;
• The negligence of Associate,;
• Any injury (including death) to persons or damages to property caused directly or indirectly by the negligent or intentional acts or omissions of Associate;
• The unauthorized use of any Palcom intellectual property, including but not limited to the Banner(s); Palcom’s Hosting, and or any part of the Palcom Associate Program.

9. Confidential Information

Associate acknowledges that, during the term of this Agreement, it may be entrusted with Confidential Information relating to the business, operations, or underlying technology of Palcom and / or the Palcom Associate Program. Associate shall provide care to avoid disclosure or unauthorized use of the Confidential Information to any other Person or Entity. Associate shall not use the Confidential Information for purposes other than those necessary to further the purposes of this Agreement. Associate shall not disclose the Confidential Information to third persons or outside parties without the prior written consent of Palcom. Should Associate be required under applicable law, rule or regulation, or pursuant to the order of any court or governmental entity of legal process of any governmental entity of competent jurisdiction to disclose Confidential Information in its possession, custody or control, Associate shall:

• Give at least thirty (30) days prior written notice of such disclosure to Palcom;
• Use its best efforts to limit such disclosure; and
• Make such disclosure only to the extent so required. Associate's obligations hereunder with respect to Confidential Information shall survive the expiration or earlier termination of this Agreement.

10. Miscellaneous

• Assignability: Associate shall not assign or delegate its obligations under this Agreement, either in whole or in part, without the prior written consent of Palcom. Any attempted assignment in violation of the provisions of this provision will be void. This Agreement is not intended to and shall not be construed to provide any rights, remedies or benefits to or for any person or entity not a Party to this Agreement.
• Severability: If any provision of this Agreement, or the application thereof to any Person or circumstance, shall be held invalid or unenforceable under any applicable law, such invalidity or unenforceability shall not affect any other provision of this Agreement that can be given effect without the invalid or unenforceable provision, or the application of such provision to other Persons or circumstances, and, to this end, the provisions hereof are severable.
• Non-Waiver: No delay or failure by Palcom in exercising any right under this Agreement, and no partial or single exercise of that right, shall constitute a waiver of that or any other right.
• Remedies: The rights and remedies of Palcom hereunder shall not be mutually exclusive, i.e., the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provision hereof. Associate acknowledges, confirms, and agrees that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision hereof, the respective rights and obligations hereunder shall be unenforceable by specific performance, injunction, or other equitable remedy. Nothing contained in this Agreement shall limit or affect any rights at law or otherwise of Palcom for a breach or threatened breach of any provision hereof, it being the intent of this provision to make clear that the respective rights and obligations of Palcom shall be enforceable in equity as well as at law or otherwise.
• Interpretation: This Agreement shall not be construed or interpreted in favor or against Palcom or Associate on the basis of draftsmanship or preparation of the Agreement.
• Headings: The headings, captions, and other typographical formatting used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement.
• Execution and Acceptance: By creating an account with the Palcom Associate Program, Associate executes, accepts, enters into, and becomes party to this Agreement. At such point, Palcom simultaneously and automatically becomes counter-party to this Agreement. The Effective Date of such Agreement is the day on which Associate creates such account in the Palcom Associate Program.
• Governing Law: This Agreement shall be governed by and interpreted in accordance with the domestic laws of the State of Delhi within India. Associate agrees to submit to the personal jurisdiction of the State of Delhi within India. All suits, proceedings or actions relating to this Agreement shall be commenced in and adjudicated by a court in the State of Delhi.
• Entire Agreement: Together with the technical guidelines, this Agreement constitutes the entire agreement between the Parties. No prior or contemporaneous written or oral representation form a part of this Agreement, and this Agreement supersedes all prior oral or written agreements between the Parties relating to the subject matter of this Agreement.
• Modification: No amendment, modification or supplement to this Agreement shall be effective unless it is posted by an authorized representative of Palcom at the Palcom web site.
• Attorneys' Fees: In the event any party shall commence formal legal action to interpret and/or enforce the terms of this Agreement, the prevailing party in any such action or proceeding shall be entitled to recover, in addition to all other available relief, its reasonable attorneys' fees and costs incurred in connection therewith.

FREQUENTLY ASKED QUESTIONS ABOUT OUR ASSOCIATE PROGRAM

We pay commissions once a month. Commissions from a particular referral are recorded on the date that Palcom receives payment from the client. For any commissions due less than INR1000.00 per month, payment will carry over to the following pay period or until your commissions due equal INR1000.00 or more. It is also in your interest to keep your address information with Palcom so that the proper Tax Deduction Forms can be sent to you as per the applicable rules under the law.


Is there a minimum number of referrals I must send per month?

No there is not. No matter if you send 1 or 30 referrals in a given month your Associate account will remain active.

How do I sign up?

Visit our application page http://www.Palcomonline.com/aboutus/Associate_app.asp. Once you apply for our program, your application will be immediately forwarded to an Associate Representative. You should receive confirmation of your inclusion in the Palcom Associate Program within 24 hours. We will need your Indian PAN and other relevant information. We adhere to all Indian tax laws and regulations. Please fill out our application completely.

How can I check my Palcom Associate account statistics?

Simply go to the account login page http://Palcom.reporting.net and use your username and password to gain access to your Palcom Associate Statistics. If you are not yet an Associate, take a look at a sample of the statistics page that Associates have access to 24x7. It provides a detailed account of your referral activity and the number of visitors you have sent to Palcom.

What if I send a visitor that doesn't purchase any of your products and services today, but comes back a month later to lease a server from Palcom?

If you send a visitor today that does not decide to sign up for a product or service from Palcom until a later date, you will still get referral credit and your commission based on their purchase. Visitors are recalled by our system for up to 30 DAYS from the date they first stopped by. For instance, if they check out the site one morning and then come back 30 days later to actually buy a product or service from Palcom, YOU WILL STILL GET YOUR REFERRAL COMMISSION.

Are there any special conditions for linking to palcomonline.com for Associates?

• You MAY NOT send Spam or unsolicited commercial email with our URLs present in the email. You will not be paid if you send traffic directly to our site from Spam. Palcom does not tolerate the use of Spam.
• You may use any of our banners. In addition, we recommend using big, descriptive text links above and below our banners to increase your clicks. If you prefer to use banners that you have created yourself, you are welcome to do so as long as those banners accurately represent Palcom, its products and services. Palcom reserves the right to order its Associates to terminate at any time, all use of any banners not provided by this Web site.
• You may use any text link as long as it is a proper description of Palcom’s Hosting Services. For example, you may not use a text link saying Click here for free web hosting! Palcom offers high-quality services that are valuable to Webmasters. This is what you should be promoting, not gimmicks or freebies. Associates using false or misleading text links will be removed from the Palcom Associate Program at any time, at the sole discretion of Palcom.
• You may not force visitors to our page via any mechanism, which acts as an automatic transport, such as meta refresh or forced exit scripts. You are welcome to use consoles, pop-ups, or any method, which displays our banners or text links and allows the visitor to choose to visit Palcom. We understand and want our Associates to understand that unproductive traffic has no benefit to you, or us, since you only earn commissions on visitor referrals that actually purchase our products and services.
• Palcom reserves the right to terminate webmasters from our Associate Program at any time and for any reason. If and when this happens, all earned commissions will be paid to the Associate on the next payment date.
• Any Palcom Associate found cheating will be terminated immediately without pay. We will also actively pursue all legal actions available to recover any amounts previously paid.