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Recommended Hosting Providers Program agreement
This Recommended Hosting Providers Program Agreement (this "Agreement") sets forth the terms and conditions to between Qualiteam Software Ltd. ("Qualiteam") and the entity submitting the application form ("Member") as member in the Recommended Hosting Providers Program (the "Program").
If accepted into the Program, a member will be eligible to acquire access to various specified benefits ("Benefits"). The Benefits will be limited to those that Qualiteam in its sole discretion makes available to Members meeting various specified conditions or requirements to be eligible for such Benefits.
PLEASE CAREFULLY REVIEW THE TERMS AND CONDITIONS OF THIS AGREEMENT. THIS AGREEMENT IS NOT EFFECTIVE UNLESS AND UNTIL MEMBER HAS RECEIVED NOTICE OF ACCEPTANCE INTO THE PROGRAM BY QUALITEAM, AND MEMBER SHALL NOT BE ELIGIBLE FOR BENEFITS UNTIL SUCH TIME. BY ACCEPTING THE TERMS AND CONDITIONS OF THIS AGREEMENT, MEMBER REPRESENTS AND WARRANTS THAT: ALL INFORMATION MEMBER HAS PROVIDED TO QUALITEAM IS TRUE AND CORRECT IN ALL RESPECTS; MEMBER WILL UPDATE QUALITEAM EITHER BY E-MAIL OR BY A FORM ON QUALITEAM'S WEBSITES WITH ANY CHANGES TO INFORMATION HE HAS PREVIOUSLY SUPPLIED; MEMBER HAS THE LEGAL AUTHORITY TO ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT ON BEHALF OF HIS COMPANY AND THAT SUCH ACCEPTANCE WILL BE BINDING ON HIS COMPANY. IF MEMBER DOES NOT AGREE WITH THE TERMS OF THIS AGREEMENT, MEMBER IS NOT ELIGIBLE TO PARTICIPATE IN THE PROGRAM.
1. Enrollment in the Program
To apply for enrollment, Member must submit a complete membership application as described at Qualiteam's websites ("Membership Application"). Qualiteam will evaluate Member's Membership Application and will notify Member of Qualiteam's acceptance or rejection of Member's Membership Application. Qualiteam may reject Member's Membership Application at its sole discretion for any reason, including, but not limited, to, a determination that Member does not meet any applicable Membership Prerequisites. If accepted, Member will be responsible for all of Member's expenses incurred in connection with Member's participation in the Program.
2. Program Benefits
Qualiteam will only provide Member with the Benefits for which Member has satisfied or fulfilled any applicable requirements and conditions. Notwithstanding the foregoing, Qualiteam reserves the right to change any Benefit offered or provided under the Program.
3. Program Benefits Schedule
Currently available Benefits and applicable requirements and conditions are as follows:
| Benefit | Conditions and requirements |
|---|---|
| Adding Member to the database of "X-Cart Compatible Hosting Providers" so that customers of Qualiteam could verify which hosting plans/packages, provided by Member, are compatible with X-Cart software |
1. At least one hosting plan/package offered by Member must be verified by Qualiteam officers as compatible with X-Cart software less than 6 months ago. 2. Member must grant Qualiteam the right to post Member's business name, contact information and other applicable information to Qualiteam's websites and to otherwise disclose and disseminate such information to potential customers |
| Ability to display "Compatible with X-Cart" logos on Member's websites next to hosting plans/packages verified by Qualiteam officers as compatible with X-Cart software |
1. At least one hosting plan/package offered by Member must be verified by Qualiteam officers as compatible with X-Cart software less than 6 months ago. 2. The logos added to Member's websites must be displayed only next to the hosting plans/packages that are verified by Qualiteam officers as compatible with X-Cart software less than 6 months ago. |
| Featuring Member on Qualiteam's websites as "X-Cart Recommended Hosting Provider" and a link to a Member's website from Qualiteam's websites. |
1. Member must never be reported as hosting unlicensed/pirated X-Cart or LiteCommerce installations. 2. At least ten (10) Member's customers hosting X-Cart stores with Member for three (3) months or more should provide positive reviews on Member's services to Qualiteam. 3. Member must advertise at least one hosting plan/package as "Recommended by X-Cart". All "Recommended by X-Cart" hosting plans/packages must be verified by Qualiteam officers as compatible with X-Cart software less than 6 months ago. 4. There should be no records indicating any issues and problems with "Recommended by X-Cart" hosting plans/packages that could not be solved in a reasonable amount of time. 5. The Member's website may not advertise ecommerce products and solutions, competitive to products developed by Qualiteam, as features of "Recommended by X-Cart" hosting plans/packages. 6. Member's website pages describing "Recommended by X-Cart" hosting plans/packages must contain a direct link to http://www.x-cart.com web site and may not contain information, links and references to other ecommerce solutions and products, competitive to products developed by Qualiteam. 7. On the Member's website there must be a page featuring "Recommended by X-Cart" hosting plans/packages only. The page will be linked from Qualiteam's websites and may not contain information, links and references to ecommerce solutions and products, competitive to products developed by Qualiteam. 8. The Member's website may not incorporate images or content that are in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; or contains or promotes politically sensitive or controversial issues. 9. Member must grant Qualiteam the right to post Member's business name, contact information and other applicable information to Qualiteam's websites and to otherwise disclose and disseminate such information to potential customers |
| Ability to display "Recommended by X-Cart" logos next to hosting plans/packages adverised as "Recommended by X-Cart" on a Member's website |
1. Member must be featured as "X-Cart Recommended Hosting Provider" on Qualiteam's websites. 2. The logos added to the Member's website must be displayed only next to the hosting plans/packages that are advertised as "Recommended by X-Cart". 3. The Member's website may not incorporate images or content that are in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; or contains or promotes politically sensitive or controversial issues. |
| Ability to display "Recommended by X-Cart" logos on specified pages of a Member's website |
1. Member must be featured as "X-Cart Recommended Hosting Provider" on Qualiteam's websites. 2. All hosting plans/packages featured on the Member's website must be "Recommended by X-Cart". 3. The pages displaying the logos on the Member's website may not contain information, links and references to ecommerce solutions and products, competitive to products developed by Qualiteam. 4. The Member's website may not incorporate images or content that are in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; or contains or promotes politically sensitive or controversial issues. |
| Adding Member to the database of "LiteCommerce Compatible Hosting Providers" so that customers of Qualiteam could verify which hosting plans/packages, provided by Member, are compatible with LiteCommerce software |
1. At least one hosting plan/package offered by Member must be verified by Qualiteam officers as compatible with LiteCommerce software less than 6 months ago. 2. Member must grant Qualiteam the right to post Member's business name, contact information and other applicable information to Qualiteam's websites and to otherwise disclose and disseminate such information to potential customers |
| Ability to display "Compatible with LiteCommerce" logos on Member's websites next to hosting plans/packages verified by Qualiteam officers as compatible with LiteCommerce software |
1. At least one hosting plan/package offered by Member must be verified by Qualiteam officers as compatible with LiteCommerce software less than 6 months ago. 2. The logos added to Member's websites must be displayed only next to the hosting plans/packages that are verified by Qualiteam officers as compatible with LiteCommerce software less than 6 months ago. |
| Featuring Member on Qualiteam's websites as "LiteCommerce Recommended Hosting Provider" and a link to a Member's website from Qualiteam's websites. |
1. Member must never be reported as hosting unlicensed/pirated X-Cart or LiteCommerce installations. 2. At least ten (10) Member's customers hosting LiteCommerce stores with Member for three (3) months or more should provide positive reviews on Member's services to Qualiteam. 3. Member must advertise at least one hosting plan/package as "Recommended by LiteCommerce". All "Recommended by LiteCommerce" hosting plans/packages must be verified by Qualiteam officers as compatible with LiteCommerce software less than 6 months ago. 4. There should be no records indicating any issues and problems with "Recommended by LiteCommerce" hosting plans/packages that could not be solved in a reasonable amount of time. 5. The Member's website may not advertise ecommerce products and solutions, competitive to products developed by Qualiteam, as features of "Recommended by LiteCommerce" hosting plans/packages. 6. Member's website pages describing "Recommended by LiteCommerce" hosting plans/packages must contain a direct link to http://www.litecommerce.com web site and may not contain information, links and references to other ecommerce solutions and products, competitive to products developed by Qualiteam. 7. On the Member's website there must be a page featuring "Recommended by LiteCommerce" hosting plans/packages only. The page will be linked from Qualiteam's websites and may not contain information, links and references to ecommerce solutions and products, competitive to products developed by Qualiteam. 8. The Member's website may not incorporate images or content that are in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; or contains or promotes politically sensitive or controversial issues. 9. Member must grant Qualiteam the right to post Member's business name, contact information and other applicable information to Qualiteam's websites and to otherwise disclose and disseminate such information to potential customers |
| Ability to display "Recommended by LiteCommerce" logos next to hosting plans/packages adverised as "Recommended by LiteCommerce" on a Member's website |
1. Member must be featured as "LiteCommerce Recommended Hosting Provider" on Qualiteam's websites. 2. The logos added to the Member's website must be displayed only next to the hosting plans/packages that are advertised as "Recommended by LiteCommerce". 3. The Member's website may not incorporate images or content that are in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; or contains or promotes politically sensitive or controversial issues. |
| Ability to display "Recommended by LiteCommerce" logos on specified pages of a Member's website |
1. Member must be featured as "LiteCommerce Recommended Hosting Provider" on Qualiteam's websites. 2. All hosting plans/packages featured on the Member's website must be "Recommended by LiteCommerce". 3. The pages displaying the logos on the Member's website may not contain information, links and references to ecommerce solutions and products, competitive to products developed by Qualiteam. 4. The Member's website may not incorporate images or content that are in any way unlawful, offensive, profane, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable; facilitate illegal activity, promote or depict sexually explicit images, obscene or pornographic images; promote or depict violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; incorporate any materials that infringe or assist others to infringe on any copyright, trademark or other intellectual property rights; or contains or promotes politically sensitive or controversial issues. |
4. Term of the Agreement
The term of this Agreement will begin upon Qualiteam's acceptance of Member's Membership Application and will end when terminated by either party. Either Member or Qualiteam may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, Member will immediately cease use of Benefits offered or provided under the Program.
5. Modification
Upon posting a change notice or a new agreement on Qualiteam's websites, Qualiteam, in its sole discretion, reserves the right to change the terms of this Agreement and the Benefits offered or provded hereunder. These changes will become effective immediately and will be deemed to modify and suppliment the terms of this Agreement. MEMBER'S CONTUNIED PARTICIPATION IN THE PROGRAM FOLLOWING SUCH POSTING WILL CONSTITUTE MEMBERS' BINDING ACCEPTANCE OF THE CHANGE. IF ANY MODIFICATION IS UNACCEPTABLE TO MEMBER, MEMBER'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT
6. Relationship of Parties
Member and Qualiteam are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. Neither Member, nor any of its employees or agents, has any right to make any representation, warranty or promise to any third party on behalf of Qualiteam that is not specifically authorized in writing by Qualiteam. Member will not make any statement, whether on a Member's website or otherwise, that reasonably would contradict anything in this Section.
7. Limitation of Liability
Qualiteam 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 Program, even if Qualiteam have been advised of the possibility of such damages.
8. Independent Investigation
MEMBER ACKNOWLEDGES THAT HE HAS READ THIS AGREEMENT AND AGREES TO ALL ITS TERMS AND CONDITIONS. MEMBER HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
9. Disclaimers
Qualiteam makes no express or implied warranties or representations with respect to the Program or any Benefits offered or provided under the the Program. In addition, Qualiteam makes no representation that the operation of Qualiteam's websites will be uninterrupted or error-free, and Qualiteam will not be liable for the consequences of any interruptions or errors.
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