Service Agreement

This Member Service Agreement (the "Agreement") is made by and between LinkSurge.net and you, as a Member of the Company service ("You", "Your","Member", "Affiliate", or "Affiliate Member"). To be an authorized Member / Affiliate of LinkSurge.net, You agree to abide by the terms and conditions contained in this Agreement. Please read this Agreement carefully before registering and using the services of LinkSurge.net as a Member. By clicking on the "I agree to the terms and agreements" box at the bottom of the signup page and using LinkSurge.net as a Member, You indicate Your acceptance of this Agreement and its terms and conditions. If You do not accept this Agreement, do not use LinkSurge.net as an Affiliate or as a Member.

THE SERVICE
LinkSurge.net has developed and operates a service (central hub of members to exchange links) which allows Web site owners to exchange links with each other or with external links (at the member's choice). You wish to become an Member of LinkSurge.net and utilize the Services as a Member. The Member relationship established between You and LinkSurge.net will be conducted and managed through LinkSurge.net.

LINK PLACEMENT
As an Affiliate and Member of the Service, you may place and remove Links on Your site and in Your email messages at Your discretion. Your are not authorized to send an email to an email address without the consent of the owner of the email address. This consent must be given in writing or by way of a double opt-in service. SPAM is prohibited. Unsolicited email is prohibited. Should SPAM or unsolicited email be reported and a member of affiliate is accused, their account will be placed under review which can result in elimination of all payments.

SERVICE MAINTENANCE
Company will provide support for the Service as indicated on the Company Web site. At this time, support must be conducted through or online form. This form can be found at http://www.LinkSurge.net/LinkSurge.net-contact-us.htm.

EMAIL CONTACT
Company reserves the right to send e-mail to You for the purposes of informing you of applicable changes or additions to the Service or any Company related products and services.

CHANGES TO THE SERVICE
Company reserves the right to change, modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time. In the event of any material change, Company will notify You via e-mail, newsletter or the Company Web site at least 5 days prior to any such changes taking effect, at which time You may either agree to such changes or withdraw from the Service.

REGISTRATION
THE FOLLOWING TYPES OF SITES ARE NOT ALLOWED TO PARTICIPATE IN COMPANY: SITES THAT PROMOTE VIOLENCE, BIGOTRY, OR HATRED. SITES THAT PROMOTE ILLEGAL ACTIVITY, including but not limited to WAREZ, CRACKING, and HACKING SITES. You agree that You have read the documentation for the Service and understand its features and rules. As part of the registration process, You will select an username and password combination that You use to access Your Member area within the Service. You shall provide Company with accurate, complete and updated registration information. You may not select the name of another person with the intent to impersonate that person or deceive members or other users as to Your true identity. You agree that Company may rely on any data, notice, instruction or request furnished to LinkSurge.net by You which is reasonably believed by LinkSurge.net to be genuine and to have been sent or presented by a person reasonably believed by LinkSurge.net to be authorized to act on Your behalf. You shall notify Company by e-mail at support@LinkSurge.net of any known or suspected unauthorized uses of Your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of Your email and password. You shall be responsible for maintaining the confidentiality of Your username and password and You are responsible for all usage and activity on Your Account, including use of the account by a third party authorized by You to use Your Account. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination by Company and referral to the appropriate law enforcement agencies.

ACCEPTED USE OF THE SERVICE
You represent to LinkSurge.net that all content You provide to the Service is solely owned by You or provided by You with the express authority of the company You represent, does not infringe upon any other individual's or organization's rights (including, without limitation, intellectual property rights) and is not defamatory, libelous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an Affiliate / Member of the Service any content, or Web site that includes content, which is libelous, defamatory, obscene, abusive, fraudulent or violates any law. As Company may not review all information provided by You, You shall remain solely responsible for Your content and Web site. As a Member, You may not artificially inflate traffic counts to LinkSurge.net Internet Marketing Serviecs using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects, unless it is consented by LinkSurge.net. Links may not be placed in newsgroups and unsolicited e-mail is strictly prohibited. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to LinkSurge.net. LinkSurge.net RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF COMPANY. If You are terminated from the Service, LinkSurge.net has the right to withhold money You earned within the Service or money that You owe within the Service and You will not be allowed to re-join Company.

LIMITED WARRANTY
The Service, its operation, its use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LinkSurge.net DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, LinkSurge.net SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE. EXCLUSION MAY NOT APPLY TO YOU. The Merchant will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate / Member understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the LinkSurge.net liable for any of the consequences of such interruptions. LinkSurge.net SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEB SITE OF AFFILIATE / MEMBER OR CUSTOMER DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. MERCHANT SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF MERCHANT HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF MERCHANT HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY MERCHANT AS A DIRECT RESULT OF THIS AGREEMENT. LIMITATION OF LIABILITY LinkSurge.net SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE LinkSurge.net SERVICE OR ANY INFORMATION PROVIDED ON THE COMPANY WEB SITE OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF LinkSurge.net OR A LinkSurge.net AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEB SITE OR ANY HYPERLINKED WEB SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LinkSurge.net's LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY. You agree that LinkSurge.net, although the provider of the Service, has no responsibility or liability as a result of Your placement of authorized Links from Your Web site, and You, and the Merchant, jointly and severally agree to indemnify, defend, and hold harmless LinkSurge.net and its affiliates, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto. LinkSurge.net agrees to indemnify, defend, and hold harmless Affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) directly or indirectly arising from or relating to Company's negligence or willful misconduct in performance of the Services or its breach of this Agreement.

NON-DISCLOSURE
Company acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information ("Confidential Information") of Your company. LinkSurge.net agrees not to disclose or disseminate the Confidential Information without Your prior express written consent. The term "Confidential Information" shall not include information that is or becomes part of the public domain through no action or omission of Company, that becomes available to LinkSurge.net from third parties without knowledge by LinkSurge.net of any breach of fiduciary duty, or that LinkSurge.net had in its possession prior to the date of this Agreement. LinkSurge.net does not collect information about customer transactions, other than what is passed to us through the installed tracking code and displayed on Your own transaction reports, monetary transactions, and service provided through the link exchange service. Company reserves the right to be able to utilize this data in aggregate to analyze Service trends, monitor Service efficiencies, and perform such other analysis as Company deems appropriate. LinkSurge.net does not store credit card information. All monetary transactions and credit card information and transferred / stored securely on 2checkout.com server.

OWNERSHIP AND LICENSES
You, the Member, are granted a non-exclusive, limited, revocable right to use LinkSurge.net provided trademarks and banners. All images, technology and content provided for Your use is and shall remain the sole property of LinkSurge.net, and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain LinkSurge.net sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to You in any way. All images, technology and content provided to You by LinkSurge.net is and shall remain LinkSurge.net sole property and no part thereof shall be deemed assigned or licensed to You except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, trade names and service marks related to the foregoing shall remain the LinkSurge.net sole property, including rights in and to any derivatives thereof. You may not modify the Merchant's trademarks, banners, the content or any of the provided images in any way. You shall use the marks exactly in conformance with the Merchant's trademark usage policies as communicated to You from time to time. LinkSurge.net may immediately terminate Your license to use the marks if the Merchant reasonably believes that such use dilutes, tarnishes or blurs the value of their marks. You acknowledges that Your use of the marks will not create in You, nor will You represent that You have, any right, title or interest in or to the marks other than the license granted by LinkSurge.net. You will not challenge the validity of or attempt to register any of the marks or Your interest therein as a licensee, nor will You adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge LinkSurge.net ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of LinkSurge.net.

SOFTWARE ISSUES & SERVER ISSUES
The member understands that there are software bugs/issues and server/database downtimes. Members will not be monetarily compensated for bugs / defects within the link exchange service. Members can notify LinkSurge.net! of any bugs by completed the contact us form located at http://www.LinkSurge.net/LinkSurge.net-contact-us.htm. Depending on the urgency of the bug / defect and depending on internal resources, LinkSurge.net! will resolve the issue as quickly as possible.

REPRESENTATIONS
Company makes no representations whatsoever about any other Web site which You may access through the Service. In addition, a link to a non-Company Web site does not mean that Company endorses or accepts any responsibility for the content or the use of such Web site.

NONASSIGNABILITY
LinkSurge.net may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE
Neither party shall be liable hereunder by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES
Information LinkSurge.net publishes on the Service may contain references or cross references to Company's programs or services that are not announced or available in Your jurisdiction. Such references do not imply that Company intends to announce such programs or services in Your jurisdiction. Except as described otherwise, all materials on the Service's site are made available only to provide information about LinkSurge.net. LinkSurge.net controls and operates its site from the United States and makes no representations or warranties that these materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. If You use LinkSurge.net site from other locations, You are responsible for compliance with applicable local laws. This Agreement shall be governed by US law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state of South Carolina and federal courts in and for the state of South Carolina, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS
This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.