1. AGREEMENT
By placing our Search Box and/or affiliate program links on your website, you are agreeing to the terms and conditions of this Affiliate Agreement, and entering into a legal agreement with HomeschoolSuperSearch.net. ("HomeschoolSuperSearch"), which contains all of the terms and conditions below and governs your participation in the HomeschoolSuperSearch.net Search Engine(as defined below) Affiliate program.

2. DEFINITIONS
For purposes of this Agreement, the following terms will have the indicated meanings:
1. Affiliate: The name of the company or individual or other corporate entity provided in the new account registration form.

2. Affiliate's Web Site: The web pages of Affiliate, as indicated in Pay-Per-Click/Affiliate's registration form "URL of Site."

3. Click-Through: When a user of Affiliate's Web Site enters text into the window of the Search Box and then clicks the button on the Search Box to submit a search request to the Search Engine and a valid search request is received at the Search Engine. Click-Throughs must adhere to all provisions of this Agreement for Affiliate to receive compensation under this Agreement.

4. Content Related Link: Words and/or phrases provided by HomeschoolSuperSearch.net that are hyperlinked to search results from the Search Engine ("Search Results") that appear in a new browser window.

5. HomeschoolSuperSearch.net Services: Includes World Wide Web Search ("SuperSearch") only.

6. Licensed Materials: The Search Links and the software code, functionality and/or URL's that enable a user of Search Links to access the HomeschoolSuperSearch.net Services.

7. Search Box: The HomeschoolSuperSearch.net graphical element containing one or more of the HomeschoolSuperSearch.net trademarks, service marks and/or tradenames, where users enter search queries in order to receive Search Results from the Search Engine.

8. Search Engine: HomeschoolSuperSearch.net's proprietary technology for searching for Web sites on the World Wide Web for organizing information available through the World Wide Web, and for providing search results to users who request such information.

9. Search Links: Refers collectively to Content Related Links and Search Boxes.

3. ENROLLMENT IN THE AFFILIATE PROGRAM
To begin the enrollment process, you will submit a complete application for a Free HomeschoolSuperSearch.net Pay-Per-Click/Affiliate Account via our site. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including, but not limited to, inclusion of content that contains objectionable material, including pornography, explicit language or content, promotion of illegal activities, ordiscrimination based on race, sex, religion, national origin, physical disability, sexual orientation, or age. If we reject your application, you are welcome to reapply for the Affiliate Programs at any time.

4. LIMITED LICENSE
1. License: Subject to the terms and conditions of this Agreement, HomeschoolSuperSearch.net grants to Affiliate a limited, non-exclusive, non-assignable, non-transferable, non-sub-licensable royalty-free license during the term of this Agreement to display the Licensed Materials on Affiliate's Web Site, solely in connection with the exercise of Affiliate's rights under this Agreement.

2. Use: Affiliate shall apply, use, display and reproduce the Licensed Materials, in the size, place, and manner HomeschoolSuperSearch.net may indicate from time to time, on Affiliate's Web Site and related materials. Affiliate shall display such Licensed Materials only in a manner that complies in all material respects with HomeschoolSuperSearch.net's usage guidelines found in the Affiliate Center, and as modified from time to time by HomeschoolSuperSearch.net in its sole discretion.

3. Ownership: Affiliate acknowledges that all right, title and interest in the Licensed Materials are exclusively owned by HomeschoolSuperSearch.net and/or its licensors, and that no right other than the limited license granted herein is provided to Affiliate. Affiliate shall not assert copyright, trademark or other intellectual property ownership or other proprietary rights in the Licensed Materials or in any element, derivation, adaptation, variation or name thereof. Without limiting the foregoing, Affiliate hereby assigns to HomeschoolSuperSearch.net all worldwide right, title and interest in the Licensed Materials and in any material objects consisting of the Licensed Materials and/or any HomeschoolSuperSearch.net trademark, tradename or service mark.

4. Ownership of Goodwill: Affiliate agrees that its use of the Licensed Materials, including all HomeschoolSuperSearch.net trademarks, service marks and/or tradenames incorporated therein, inures to the benefit of HomeschoolSuperSearch.net. All goodwill or reputation in the Licensed Materials shall automatically vest in HomeschoolSuperSearch.net when the Licensed Materials are used by Affiliate pursuant to this Agreement. Affiliate shall not contest the validity of any of the HomeschoolSuperSearch.net trademarks, service marks or tradenames or HomeschoolSuperSearch.net's exclusive ownership of them. During the term of this Agreement, Affiliate shall not adopt, use, or register, or apply for registration of, whether as a corporate name, trademark, service mark or other indication of origin, any of the HomeschoolSuperSearch.net trademarks, service marks or tradenames, or any word or mark confusingly similar to them in any jurisdiction.

5. COMMISSION DETERMINATION
1) We offer a pay-per-search program which will automatically deposit .01 cent into your HomeschoolSuperSearch account for every unique click-through on a bidded site made by a user from your site. When a user of Affiliate's Web Site enters text into the window of the Search Box and then clicks the button on the Search Box to submit a search request to the Search Engine and a valid search request is received at the Search Engine. Click-Throughs must adhere to all provisions of this Agreement for Affiliate to receive compensation under this Agreement.

2) Affiliate receives .50 cents for every successful New User Sign-Up through a unique Referral Link placed on Affiliate's site. The Referral Link contains Affliate's Username, if a New User sign-up through this link, .50 cents is instantly credited to Affiliate's account!

6. FEE PAYMENT
To simplify the payment process, all affiliates are currently paid directly to their HomeschoolSuperSearch account. In the future, HomeschoolSuperSearch.net may implement payment to affiliates by mailing checks or online payment through PayPal, but for now HomeschoolSuperSearch.net are only crediting HomeSchoolSuperSearch.net pay-per-click accounts. Credits may be used to purchase keywords and Featured Searches listing for Affiliate's website.

7. IDENTIFYING YOURSELF AS AN AFFILIATE
HomeschoolSuperSearch.net will make available to Affiliate images and html codes that identify affiliate's site as an Affiliate Program participant. Affiliate can find images and codes by Logging-In to Member's Area and going to the Affiliate Center.

8. REPORTING
Affiliate will have the ability to log in to that site to access information about the number of times the Search Box on Affiliate's Web Site has generated a search request to the Search Engine as well as how many New Users have been referred. Affiliate understands and agrees that HomeschoolSuperSearch.net pays commissions based a) only on Click-Throughs and that the number of search requests generated may not be the same as the number of Click-Throughs b) and New User Sign-up through a valid Referral Link that contain's the affiliate Username.

9. AFFILIATE'S RESPONSIBILITIES
1. Affiliate's Implementation Responsibilities: Affiliate shall enable users of Affiliate's Web Site to enter search queries at a Search Link and access SuperSearch.

2. Changes: Affiliate shall not change the Licensed Materials or any other material that may be licensed to Affiliate.

3. Affiliate's Site: Affiliate will be solely responsible for the development, operation, and maintenance of affiliate's site and for all materials that appear on affiliate's site. Affiliate will be solely responsible for ensuring that materials posted on affiliate's site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).

4. Publicity: Affiliate may not create, publish, or distribute any item that references HomeschoolSuperSearch.net without first submitting those items to HomeschoolSuperSearch.net and receiving HomeschoolSuperSearch.net's written consent. Affiliate may not issue any press release or other public statements regarding this Agreement without HomeschoolSuperSearch.net's prior written approval. The failure to obtain the prior written approval of HomeschoolSuperSearch.net shall be deemed a material breach of this Agreement.

5. Wrongful Acts: Affiliate shall not access the Licensed Material through any of the following: (a) "blind links" (i.e. where users do not know that they will be performing a search), (b) links in which a user is persuaded to perform a search in order to obtain some other benefit, (c) Content Related Links or pre-filled Search Boxes, unless specifically approved by HomeschoolSuperSearch.net in writing, (d) searches from or after 404 or other error messages, (e) "exit traffic" (i.e. when the user is presented with search functionality or required to perform a search prior to exiting a web page), (f) searches required of the user in order for the user to do another function, such as leaving a web page or closing a pop-up window, (g) searches performed upon a user hitting the back button or any other element of the browser, (h) searches in pop-up windows, (i) searches from adult sites,(j) the syndication or delivery of the Licensed Material to any site or application not approved in writing by HomeschoolSuperSearch.net or to any third party not approved in writing by HomeschoolSuperSearch.net, (k) Spamming or the act of sending out UCE (Unsolicited Commercial Email) is grounds for immediate termination. Spamming is a serious offense, punishable in some states by fines of as much as $25,000, (l) Confusing URLs: Affiliate shall not make available the Licensed Material, or maintain web pages, at URLs that are confusingly similar to those of any other web sites, and (l) any other method or mechanism that violates HomeschoolSuperSearch.net written policies, as communicated to Affiliate from time to time (including communication through Affiliate-related areas of HomeschoolSuperSearch.net's web site). If Affiliate violates any provision of this Section, then HomeschoolSuperSearch.net may terminate this Agreement immediately upon notice to Affiliate, and the related terms of Section 10 (Termination) and Section 6 (Consideration) apply.

10. INDEMNIFICATION
Affiliate t agrees to indemnify and hold HomeschoolSuperSearch.net (and/or its owners and operators) and its affiliates harmless from and against any losses, costs, damages or expense (including reasonable attorneys' fees) resulting from claims or actions arising out of or in connection with Client's website content or Client's breach of any agreement, representation or warranty hereunder, including, without limitation, claims for infringement of copyright or other intellectual property rights and violation of rights of privacy and publicity.

11. TERMS OF AGREEMENT
1) The terms of this agreement will begin upon our acceptance of your Program application and/or the time you begin placing our affiliate links on your website and will end when terminated by either party. Either you or we may terminate this agreement at any time, with or without cause, by giving the other party written notice of termination. Affiliate credits are non-refundable. Affiliate will have the option to nullify all credits or use them to purchase keywords and/or Featured Search advertising. When balance is depleted, affiliate's HomeschoolSuperSearch Pay-Per-Click/Affiliate account will be terminated permanently.

2) Termination for Breach: If Affiliate breaches any covenant, representation and/or warranty of this Agreement, if Affiliate engages in any acts prohibited in this Agreement (including in the Wrongful Acts Section 9.5) or if Affiliate engages in any action that, in HomeschoolSuperSearch.net's sole discretion, reflects poorly on HomeschoolSuperSearch.net or otherwise disparages or devalues HomeschoolSuperSearch.net's trademarks, service marks, tradename, reputation or goodwill, HomeschoolSuperSearch.net may terminate the Agreement immediately upon notice to Affiliate. All Affiliate credits or fees will be nullified and voided.

3) Effect of Termination: Upon the termination of this Agreement for any reason all license rights granted herein shall terminate immediately, and Affiliate shall immediately cease use of the Licensed Materials and of all HomeschoolSuperSearch.net trademarks, service marks and tradenames incorporated in the Licensed Materials.
.
11. MODIFICATIONS, AMENDMENTS
HomeschoolSuperSearch.net may modify any of the terms and conditions contained in this Agreement, at any time and in its sole discretion. Affiliates will be notified by email and a change notice will be posted on HomeschoolSuperSearch.net website. Modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to Affiliate, Affilaite has the option to terminate this agreement. Conditions on Section 10 (Terms of Agreement, Termination) shall apply. Affiliate's continued participation in the Affiliate Program following our posting of a change notice or new agreement on HomeschoolSuperSearch.net website will constitute binding acceptance of the change. This agreement was last revised on January 21, 2002.

12. RELATIONSHIP OF PARTIES
. Affiliate and HomeschoolSuperSearch.net are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Affiliate will have no authority to make or accept any offers or representations on our behalf. Affiliate will not make any statement, whether on Affiliate's site or otherwise, that reasonably would contradict anything in this section.

13. DISCLAIMERS AND WARRANTIES
. HomeschoolSuperSearch.net makes no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantibility, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, HomeschoolSuperSearch.net makes no representation that the operation of HomeschoolSuperSearch.net's site will be uninterrupted or error free, and HomeschoolSuperSearch.net will not be liable for the consequences of any interruptions or errors.

14. LIMITATION OF LIABILITY
. HomeschoolSuperSearch.net will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if HomeschoolSuperSearch.net has been advised of the possibility of such damages. Further, HomeschoolSuperSearch.net aggregate liability arising with respect to this Aggreement and the Affiliate Program will not exceed the total referral fees paid or payable to Affiliate under this Agreement.

15. INDEPENDENT INVESTIGATION
. AFFILIATE ACKNOWLEDGES THAT AFFILIATE HAS READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. AFFILIATE UNDERSTANDS THAT HOMESCHOOLSUPERSEARCH.NET MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH AFFILIATE'S WEB SITE. AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16. GOVERNING LAW
. This Agreement will be covered by the laws of the United States and the State of Alabama, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Phenix City, Alabama and Affiliate irrevocably consents to the jurisdiction of such courts. Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our rights to subsequently enforce such a provision or any other provision of this Agreement.

17. ASSIGNMENT, SUB-CONTRACTING, TRANSFER
HomeschoolSupersearch.net may assign, subcontract, or transfer this Agreement and/or its Services anytime at its sole discretion.

18. OWNERSHIP AND NOTICE
HomeschoolSuperSearch.net is owned by Josefina R. Howard DBA ChristianHomeschoolers.com, PSC 451 Box 303, FPO AE 09834-2800 USA. To direct any questions concerning this Agreement, please click here.

Seach Homeschool SuperSearch!   Safely Search The Web HomeschoolSupersearch