Internet Affiliate Program: Web Affiliate Program, Online Affiliate Program, Internet Home Based Business, Best Affiliate Program, Internet Home Business, Home Base Business, Affiliate Program, Home Business

AGENT PROFILE:
First Name:
Last Name:
Company:
Address:
City:
State:
Country:	USA
Zip/Postal Code:
Telephone:
Fax:
Email:
Retype Email:

AGENT USERNAME & PASSWORD SETUP
Please self-select your agent username and password for future online report access.

Agent Username:	(Maximum 10 Characters)
Agent Password:	(Minimum 4 Characters)
Retype Agent Password:

SITE INFO(OPTIONAL)
If you plan to link your site to Pincity.com, please provide the following information.

Site Name:
URL:
Brief Description:
Contact Name:
Phone Number:
Email:

TERMS & CONDITIONS
Please read the following carefully

1. SERVICES AGENT agrees to use its best efforts in complying with all of its obligations as stated in this Agreement. AGENT shall sell PIN's Services to its customers and website visitors through a website link ("Website Link") to Pincity.com and advertising on its website and/or email solicitation. PIN will provide the Website Link to AGENT. AGENT may also place advertising graphics either supplied or approved by PIN. The Website Link will contain a unique source identity code, which will be used to track users from AGENT's website. AGENT may not create a border environment or browser around the Pincity.com website or Pincity.com's contents. AGENT will be responsible for incorporating the Website Link in a very prominent manner and ensuring that the Website Link is operating properly. 2. COMMISSIONS The purchase price of the product and service for the Agent Program will count toward the total sales during the calendar month (first to the very last day of the month) in which such product or service is sold. The commission payment is limited to the product and service purchased through the PIN Agent Program at the Pincity.com website. (a) Commission rates will be based upon the aggregate amount actually received by PIN from AGENT customers who purchase PIN products and/or services, except for those delineated below in paragraph 2(b). Commission rates will not include promotional items, sales taxes, duties, shipping and handling, amounts due to credit card fraud, bad debt credits, refunds and similar charges. A minimum sales amount is required as well as the submission of a completed agent application form, executed agent agreement and W9 form. AGENT is responsible for paying all local, state, and federal taxes that may apply to the remitted commissions. A commission will not be remitted to AGENT regardless of the sales amount if AGENT fails to provide any of the previous required documents. Total monthly sales under $250 do not qualify for commission purposes. Commission rates are as follows: Sales: $250 to $3,000 Commission: 10% Sales: $3,001 to $6,500 Commission: 12.5% Sales: $6,501 to $12,000 Commission: 15% Sales: Over $12,000 Commission: 20% (b) For Pincity.com Direct Dial Flat-Rate Long Distance and ETTV Satellite Subscription Services (collectively "Subscription Service(s)"), the commission shall be a one-time payment of $10.00 per paid subscription for each phone line or per ETTV paid subscription. The initial commission shall vest and be remitted to AGENT upon the sale of two (2) AGENT customer paid Subscription Services in any combination thereto. Thereafter, a commission shall be remitted to AGENT upon the sale of each customer paid Subscription Service. 3. REPORTING As a member of our Agent Program, AGENT will be able to logon to PIN's report website at www.pincity.com/csweb1 and review its commission status. AGENT will also be able to view all its commissionable accounts via its agent code. AGENT can also sort its account status according to the date and month of a customer sign-up. 4. AGENT RESPONSIBILITY AGENT is solely responsible for the development, operation, and maintenance of its website and for all materials that appear on said website. AGENT is responsible for ensuring that the graphics, product descriptions, and references to Pincity.com on its website comply with all laws, including, without limitation, applicable local, state, federal and international laws. AGENT additionally agrees that its website does not promote or have web links to, violent or sexually explicit materials, or any material that is discriminatory in nature such as involving race, religion, disability, or sexual orientation. AGENT also represents that its website has adequate original content. PIN will not be responsible if AGENT uses another party's copyrighted or other proprietary material or if AGENT engages in any unlawful or illegal conduct. PIN disclaims all liability for these matters. Further, AGENT will indemnify and hold PIN and its employees, principals, representatives and other agents harmless from all claims, damages, and expenses (including, without limitation, all attorneys' fees, legal costs and damage awards) that relate directly or indirectly to the development, operation, maintenance, and contents of AGENT's website. 5. CONFIDENTIALITY AND OWNERSHIP AGENT recognizes and acknowledges that PIN possesses certain confidential information that constitutes a valuable, special, and unique asset. As used herein, the term "confidential information" includes all information and materials belonging to, used by, or in the possession of PIN relating to Pincity.com, its products, processes, services, technology, inventions, patents, ideas, contracts, financial information, developments, business strategies, pricing, current and prospective customers, marketing plans, and trade secrets of every kind and character, but shall not include (a) information that was already within the public domain at the time the information is acquired by AGENT, or (b) information that subsequently becomes public through no act or omission of AGENT. AGENT agrees that all of the confidential information is and shall continue to be the exclusive property of PIN. AGENT agrees that AGENT shall not, at any time following the execution of this AGREEMENT, use or disclose in any manner any confidential information of PIN. 6. RETURN OF MATERIALS AGENT agrees that upon termination of this AGREEMENT, AGENT will return to PIN all drawings, blueprints, notes, memoranda, specifications, designs, writings, software, devices, documents and any other material containing or disclosing any confidential or proprietary information of PIN. AGENT will not retain any such materials. 7. OTHER ACTIVITIES AGENT is free to engage in other commercial activities, provided that AGENT does not engage in any such activities which are inconsistent with or in conflict with any provisions hereof. AGENT agrees not to induce or attempt to influence, directly or indirectly, any PIN employee, agent, representative or any other related third party to terminate its relationship with PIN. 8. LIMITATION OF LIABILITY PIN will not be liable for any indirect, special, punitive, exemplary, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this AGREEMENT, even if PIN has been advised of the possibility of such damages. Further, PIN's aggregate liability with respect to this AGREEMENT will not exceed the commission paid or payable to AGENT under this Agreement less commissions actually paid to AGENT by PIN. 9. WARRANTIES PIN makes no express or implied warranties or representations with respect to this AGREEMENT or its Agent Program or any products sold through its Agent Program, including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage. PIN also makes no representation that the operation of the Pincity.com website will be uninterrupted or error-free. PIN will not be liable for the consequences of any interruptions or errors. 10. TERM The AGREEMENT shall be on a month-to-month basis. Accordingly, the initial term of this AGREEMENT shall be one month, and the AGREEMENT will automatically renew thereafter unless terminated by either Party upon a 30-day prior written notice. Inactivity for a period of three (3) months will result in the automatic termination of the AGREEMENT without the necessity of any written notice. Inactivity is defined as the absence of any AGENT customer sale and recharge. Upon termination, AGENT will immediately cease using any and all Pincity.com links, logos, and all materials provided by or on behalf of Pincity.com in connection with this AGREEMENT. All commissionable transactions will cease at time of termination. AGENT shall be entitled to any commissions earned and recorded prior to the termination date. 11. MODIFICATIONS Only PIN may modify any terms and conditions contained in this Agreement at any time at its sole discretion. PIN will inform AGENT of all modifications either verbally or via posting on an applicable website (http://www.pincity.com/onlineagent/agent_tc.asp). AGENT's continued participation in PIN's Agent Program via this AGREEMENT following PIN's notice of any such modification will constitute binding acceptance of said modification(s) by AGENT. 12. INDEPENDENT PARTIES It is understood by AGENT that AGENT and PIN are wholly and completely independent parties with no other professional relationship or affiliation other than what may be reflected in an executed Agreement. Accordingly, the AGENT has no authority whatsoever, whether implied or actual, to assume or create any obligation or responsibility on behalf of PIN without PIN's prior written authorization. 13. GENERAL PROVISIONS (a) Attorneys' Fees. Should either Party hereto, or any heir, personal representative, successor or assign of either Party hereto, resort to legal proceedings in connection with this AGREEMENT, the Party prevailing in such legal proceedings shall be entitled, in addition to such other relief as may be granted, to recover its reasonable attorneys' fees, including both in-house and outside counsel, and costs in such legal proceedings from the non-prevailing Party. (b) Governing Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California without regard to conflict of law principles. (c) Entire Agreement. This AGREEMENT contains the entire agreement and understanding between the Parties hereto and supersedes any prior or contemporaneous written or oral agreements, representations and warranties between them respecting the subject matter hereof. (d) Amendment. This AGREEMENT may be amended only by a writing signed by AGENT and by an officer of PIN. (e) Severability. If any term, provision, covenant or condition of this AGREEMENT, or the application thereof to any person, place or circumstance, shall be held to be invalid, unenforceable or void, the remainder of this AGREEMENT and such term, provision, covenant or condition as applied to other persons, places and circumstances shall remain in full force and effect. (f) Construction. The headings and captions of this AGREEMENT are provided for convenience only and are intended to have no effect in construing or interpreting this Agreement. The language in all parts of this AGREEMENT shall be in all cases construed according to its fair meaning and not strictly for or against either Party. (g) Non-waiver. No failure or neglect of either Party hereto in any instance to exercise any right, power or privilege hereunder or under law shall constitute a waiver of any other right, power or privilege or of the same right, power or privilege in any other instance. All waivers by either Party hereto must be contained in a written instrument signed by the Party to be charged and, in the case of PIN, by an officer of the company. (h) Disputes. Any controversy, claim or dispute arising out of or relating to this Agreement or the relationship, either during the existence of the relationship or afterwards, between the Parties hereto, their assignees, their affiliates, their attorneys, or agents, shall be litigated solely in state court in Pomona, California. Each Party (1) submits to the jurisdiction of such court, (2) waives the defense of an inconvenient forum, (3) agrees that valid consent to service may be made by mailing or delivery of such service to the California Secretary of State or to the Party at the Party's last known address, if personal service delivery can not be easily effected, and (4) authorizes and directs the California Secretary of State to accept such service in the event that personal service delivery can not easily be effected. EACH PARTY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVES ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING THE PARTIES HERETO. (i) Opportunity to Review/Legal Representation. Each Party hereby warrants that it has received sufficient opportunity to review this AGREEMENT prior to its execution, and each has read and reviewed it to its satisfaction. Each Party, moreover, acknowledges that it was advised of its right to separate legal counsel, and each has either employed such counsel or voluntarily waived its right to consult with such counsel.
I Agree