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REFERRAL PROGRAM TERMS OF SERVICE

smartfax.com ("SmartFax™") and You (also referred to herein as "Your"), in consideration of the mutual promises and conditions contained herein, hereby agree to the following:

1. Summary of Program - The SmartFax™ Referral Program (the "Program") is designed to provide You with the opportunity to earn Referral fees in the amounts set forth in the Compensation paragraph below for each visitor that You refer to SmartFax™ under this Agreement (a "Referral") that meets the following Criteria ("Criteria"):

Each Referral must be a new and unique visitor to SmartFax™ and must register using a valid and unique e-mail address, activate as required, and become a qualified subscriber to SmartFax™'s Internet Fax Services;

Your Referral must follow a link from Your Web site, newsletter or e-mail to smartfax.com, in a manner where in SmartFax™'s sole judgment definitively establishes on SmartFax™'s system that such Referral was referred directly from You to SmartFax™ under this Agreement;

Your Referral must pay SmartFax™ at least one month subscription to SmartFax™ Toll Free Services in U.S. currency in accordance with the terms of such subscription;

Each Referral and each Toll Free account established by such Referral, must be legitimate as determined in good faith by SmartFax™;

You cannot refer yourself; and

SmartFax™ will not pay Referral fees for Referrals that are fraudulent or have cancellations, terminations, charge-backs, refunds, or other adjustments within the scope of the Referral's subscription.

2. Permission To Use SmartFax™ Links - Under this Program, during the term of this agreement, You will be permitted by SmartFax™ to display the SmartFax™ banners, buttons and/or hypertext as in effect from time to time (collectively referred to as "Links") on Your Web site and/or newsletter and/or e-mail. SmartFax™ hereby grants to You permission to use the SmartFax™ Links on Your Web site, subject to Your compliance with the Links Guidelines below and all other terms and conditions set forth herein. You may only use the Links on the specific Web site(s) listed in Your application and approved by smartfax. The maintenance and the updating of Your site will be Your responsibility. Because You are a member of SmartFax™'s Program and the information within smartfax.com is updated often, it will be necessary for You to update the content of Your site on a regular basis to maintain consistency and accuracy between the SmartFax™ site and Your site. We reserve the right to monitor Your site at any time to determine if You are following the terms and conditions of this Agreement and to notify You of any changes to Your site that we feel should be made or to make sure that Your links to our web site are appropriate and to notify You of any changes that we feel should be made. If You do not make the changes to Your site that we feel are necessary, we reserve the right to terminate Your participation in the Program.

3. Link Guidelines

Required Link- The Links must always link to the referral URL provided by smartfax.

Positive Presentation- Your Web site must use the Links in a positive manner. The Links may not be used in a way that could reflect adversely on SmartFax™ or its products. You may not refer prospective members who would use their SmartFax™ Toll Free Service subscription in contravention of the Services Agreement governing such subscription. You may not use the Links on any Web site that disparages SmartFax™ or its products or services, infringes upon any intellectual property or other rights of SmartFax™, contains or promotes "adult," pornographic or obscene material or content, or violates any state, federal or international law.

Compliance With Laws- You may not use the Links if Your Web site infringes any parties' intellectual property or other rights, contains or promotes "adult", pornographic or other obscene material or content, or violates any state, federal or international law. You will be responsible for any claims, costs and damages incurred by SmartFax™ as a result of a violation of this Paragraph.

4. Changes - SmartFax™ reserves the right to change this Agreement, including without limitation, the Links Guidelines and the Compensation solely at its discretion. Changes will take effect when posted on the smartfax.com Web site. If You do not agree to such changes, You may terminate this Agreement via e-mail notice to Commission Worx (our commission management managers) at commissionworx@gmail.com with the subject Referral Program Termination.

5. Compensation –
The monthly recurring commission rate you will receive for every month a referred customer stays can be viewed from the Commission Worx portal located at http://www.commissionworx.com/
SmartFax™ will pay You Referral Fees every month as long as Your commission is equal to or more than $25. However, if the Referral Fees payable to You are less than $25, we will hold such Referral Fees for next month up until the total amount due to You hereunder is at least $25 or until this Agreement is terminated. SmartFax™ will pay you only through Paypal. You are solely responsible for informing SmartFax™ of changes to Your Paypal address. You can send updated information to referral@smartfax.com, or update your information via our Control Panel. Any attempt by You to manipulate, falsify or inflate Referrals, to defraud SmartFax™ or to otherwise violate the terms of this Agreement constitutes immediate grounds for SmartFax™ to terminate this Agreement, and will result in immediate and complete forfeiture of any amounts otherwise due to You hereunder.

6. Taxes - You are responsible for the payment of all taxes related to the commissions You earn under this Agreement.

7. Ownership and Property Rights - This Agreement shall not operate as a transfer to You of any rights in or to any of SmartFax™'s trademarks or logos, except for the limited permission expressly granted hereunder. SmartFax™ reserves the right in its sole discretion to terminate or modify permission to use the Links at any time. You acknowledge that SmartFax™'s trademarks and logos are, and shall remain, the exclusive property of SmartFax™ or the applicable third-party owner, and all use by You shall inure solely to the benefit of SmartFax™ or such third-party owner, as applicable. SmartFax™ reserves the right to take action against any use that does not conform to this Agreement, infringes any SmartFax™ intellectual property or other right, or violates other applicable law.

8. Term and Termination - This Agreement shall continue until this Agreement is terminated by either party. SmartFax™ further reserves the right to immediately terminate this Agreement via e-mail notice if:

You do not follow the Links Guidelines or otherwise breach this Agreement, as determined solely by SmartFax™'s judgment;

- or -

You attempt to manipulate, falsify or erroneously inflate Referrals (this is immediate ground for SmartFax™ to terminate this Agreement with You);

- or -

You send spam (unsolicited e-mail).

9. Any outstanding Referral Fees otherwise due to You will be forfeited if this Agreement is terminated for any reason. SmartFax™ reserves the right to terminate this Agreement and Your participation in this Program immediately and without notice to You should You commit fraud in Your use of this Program or should You abuse this Program in any way. If any fraud or abuse is detected with respect to any Referral hereunder, or if this Agreement is terminated for any reason, SmartFax™ shall not be liable to You for any Referral Fees for any and all fraudulent Referrals made hereunder.

10. No Warranty - SmartFax™ DISCLAIMS ANY WARRANTIES THAT MAY BE EXPRESSED OR IMPLIED BY LAW REGARDING THE LINKS, INCLUDING WARRANTIES AGAINST INFRINGEMENT. SmartFax™ WILL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND, WHETHER BASED ON CONTRACT, TORT, TERMINATION OF THIS AGREEMENT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

11. Miscellaneous - Referrals who become members of SmartFax™ through this Program will be considered Members of smartfax. All SmartFax™'s Services Agreement, Privacy Statement, rules, policies, and operating procedures will apply to such members. SmartFax™ reserves the right to change its policies and operating procedures at any time. The parties hereto are independent contractors acting for their own accounts; may not bind, act for or represent the other; and have no agency, partnership or joint venture relationship. All notices and communications under this Agreement shall be in writing, and the same shall be given by e-mail (referral@smartfax.com). This Agreement sets forth the entire understanding of the parties with respect to the subject matter hereof, and supersedes any prior agreements and understandings, both written and oral, which may have existed or exist between the parties with respect to the subject matter hereof. This Agreement may not be modified by You except by a writing signed by both You and smartfax.

12. Proper Age - BY ACCEPTING THIS CONTRACT, YOU CONFIRM YOU ARE AN ADULT OF AT LEAST 18 YEARS OF AGE (19 OR 21 WHERE APPLICABLE).