Referring Members may earn a one-time payment for each person they refer to become a New Member for
AcmeNet Internet access service under the AcmeNet Refer-a-Friend program. An AcmeNet member becomes a
Referring Member when a New Member provides the refering AcmeNet member's valid AcmeNet email address
either 1) in the box designated for recommendations during the registration process or 2) to the AcmeNet
customer service agent if registering over the telephone. A "New Member" is a new subscriber that registers for AcmeNet dial-up Internet access service through a floppy disk, CD, on the Internet, or registers over the telephone, provides the AcmeNet e-mail address of one Referring Member. Furthermore, during the registration process, "New Members" must pay with a valid credit card or electronic check, and remains an active member with an account in good standing for the first three months following registration. A New Member cannot be a current or former subscriber to any AcmeNet service. New Member specifically excludes any subscriber that elects to pay for the service by any method other than credit card or electronic check unless otherwise allowed by AcmeNet. Recommendation Process A New Member must enter the Referring Member's valid AcmeNet email address (an email address with @ AcmeNet.net as the mail domain) in the box designated for recommendations during the registration process or provide the Referring Member's valid AcmeNet email address to the AcmeNet customer service agent if registering over the telephone. If an e-mail address other than a AcmeNet email address is provided, no payment will be earned even if such e-mail address correctly identifies a particular Referring Member. A New Member may indicate only one Referring Member. No recommendations, corrections, or updates may be provided after registration is completed. Employees (and family members) of AcmeNet are not eligible to participate in the Refer-a-Friend program. Payment The amount of the one-time payment payable for each New Member attributable to a particular Referring Member is set forth on the AcmeNet affiliate web page at http://www.AcmeNet.net/raf/. A Referring Member will earn the applicable payment only when a New Member satisfies all of the required conditions. AcmeNet reserves the right to determine, in its sole discretion, whether a particular recommendation or New Member is fraudulent, and may withhold payment payments pending such determination. Fraudulent recommendations or New Members do not qualify for bounties. Payment AcmeNet will make payment to Referring Members approximately 45 days after the payments are earned. Payment will be made in the form of a check sent to the address specified in a Referring Member's member profile. Referring Members are responsible for providing correct address information at all times, and AcmeNet is not responsible for undeliverable payments. Referring Members may check the status of referred New Member accounts www.AcmeNet.net. Please report any problems or questions to billing@acmenet.net. Customer service representatives cannot answer questions regarding the Refer-a-Friend program over the telephone. Changes AcmeNet may, in its sole discretion, discontinue or alter any aspect of the AcmeNet Refer-a-Friend program at any time, without notice, and without liability. Visit these rules periodically for updates or changes. AcmeNet may terminate or suspend your participation in the Refer-a-Friend program at any time. For the latest version of these rules, click here Warranty Disclaimer; Limitations; Indemnification EXCEPT AS EXPRESSLY INDICATED OTHERWISE, ACMENET HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, and FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL ACMENET BE LIABLE OR OBLIGATED UNDER THIS AGREEMENT WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR (I) INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, OR (II) ANY AMOUNT IN EXCESS OF THE AMOUNT PAYABLE BY ACMENET TO A REferrING MEMBER HEREUNDER. Referring Member shall defend, indemnify and hold AcmeNet and its successors and assigns harmless from and against all claims, suits and proceedings and any and all damages, liabilities costs and expenses (including reasonable attorneys' fees and court costs) incurred by AcmeNet as a result of any and all such claims, suits and proceedings against AcmeNet arising from Referring Member's actions. The Refer-a-Friend program shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws provisions thereof. In the event that any of the provisions of the Refer-a-Friend program shall be held by a court of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this program shall otherwise remain in full force and effect and enforceable. These rules contain the entire understanding of the parties hereto with respect to the transactions and matters contemplated herein and supersede all previous agreements, communications and understandings and course of dealing between AcmeNet and a Referring Member. These rules were last modified on September 1, 2003 |