1 Parties to this Agreement

Participation in the program constitutes full and complete acceptance of the terms and conditions set forth herein.

2 DynamiXgate Responsibilities.

2.1 Coded URL. Upon your acceptance, DynamiXgate will provide you with a URL coded to specifically identify you which will allow you to create a link to the DynamiXgate web site. You may post this link in any location, as many times as you like subject to the remaining terms of this agreement regarding acceptable links.

2.2 Tracking. DynamiXgate agrees to track the customers referred to DynamiXgate via the link provided to you for that purpose. DynamiXgate will pay you a commission for each such referral made in compliance with this agreement pursuant to the commission schedule and the terms set forth in this affiliate agreement.

3 Affiliate Responsibilities.

3.1 Minimum Age. You agree that you are 18 years of age or older on the date that you first approve the terms hereof. You agree that you are in a jurisdiction where participation in the DynamiXgate affiliate program does not violate any law, ordinance, regulation or standard.

3.2 Operative Link. You agree to take full responsibility for ensuring the proper and continuing operation of your coded URL. You agree that you will notify DynamiXgate if your coded URL ceases to function or ceases to function properly.

3.3 Representations. You agree that you will not make any representations, promises, warranties or other statements about DynamiXgate or the DynamiXgate web site, products or policies other than as may be expressly approved in writing by DynamiXgate or as other wise provided to you by DynamiXgate for that purpose.

3.4 Link. You may use the coded URL provided by DynamiXgate via the available DynamiXgate Link Library .You may not violate any copyright, trademark or other intellectual property right of DynamiXgate or any other party. You may not violate the DynamiXgate Privacy policy and product’s licensing policies..

3.5 Amendments. You agree that this agreement may be amended by DynamiXgate at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the DynamiXgate web site on a periodic basis.

3.6 Customers of DynamiXgate. DynamiXgate will have the sole right and responsibility to service all customers secured through your coded URL. All dealings with customers for DynamiXgate’s website builder or any other product in near future and related services shall be directly and solely between customer and DynamiXgate. DynamiXgate shall have the right and obligation to determine all pricing and product offerings and shall have the right to make any changes thereto without notice to affiliate.

4 Commissions.

4.1 Commission Rate. Commissions are paid on a one time basis for each new account purchased via your coded URL subject to the terms and conditions set forth herein. There will be no obligation to pay any other commission. The current commission rate for an affiliate sale is ($23.75)USD.

4.2 Payment Date. DynamiXgate will pay to you all commissions on or before the end of the month.

4.3 Timing of Calculation. DynamiXgate agrees to pay you the commission set forth in paragraph 4.1. The commission amount or any other term of this agreement may be changed by DynamiXgate at any time without notice to you. It is your obligation to check this agreement document regularly to keep advised of any such changes.

4.4 Payment Form. Commissions will be paid directly to your PayPal account provided while requesting for commission payment from any affiliate account.Any changes to this preference may be made via email to affiliate@dynamixgate.com. DynamiXgate is not responsible for any loss or damage sustained as the result of any dealings with or otherwise arising out of disputes with PayPal.

5 Ownership and Licenses.

5.1 Property Ownership. Each party to this agreement shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

5.2 License. DynamiXgate grants you as an affiliate a revocable, non-exclusive, worldwide License to use, reproduce and transmit the DynamiXgate logos, trademarks and service marks on your site and only your site for the sole purpose of facilitating a link between your site and DynamiXgate to accomplish the purpose and intent of this affiliate agreement. You may also use the links and images located in the link library prepared specifically for that purpose subject to the same terms and conditions. You may not otherwise use, copy, distribute, change, modify, or otherwise alter any such property. This License is neither assignable nor transferable.

5.3 Cease use upon demand. You agree to immediately cease the use of any mark upon request made by DynamiXgate to the email address provided by you and maintained on file for you by DynamiXgate. You agree to immediately cease the use of any link created by you to DynamiXgate upon request by DynamiXgate to the email address provided by you and maintained on file for you by DynamiXgate.

6 Termination.

6.1 Breach of this agreement. The breach of this agreement, or any provision thereof, knowingly or otherwise, willful or otherwise, is grounds for immediate suspension or at the sole option of DynamiXgate termination of this agreement in it's entirety.

6.1.1 Suspension. Suspension under this paragraph shall mean the withholding of all commission payments or otherwise until such breach is cured. Suspension if not cured within a reasonable time as determined by DynamiXgate will become a termination under 6.2 as of the date of the initial suspension.

6.2 Survival. Upon termination of this agreement all rights and licenses granted by this agreement are immediately revoked.

7 General.

7.1 Authority. Each party represents to the other that it has full binding authority to enter into this agreement and in the case of any entity other than an individual that the parson assenting to the terms of this agreement has the full binding authority of the entity purportedly bound.

7.2 Non-Infringement. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy.

7.3 Violation of Law. That you will not violate any applicable law, ordinance, regulation or standard.

7.4 Unsolicited Email. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not use or otherwise permit the use of unsolicited commercial email (a.k.a. SPAM) in relation to the DynamiXgate Affiliate program.

7.5 Defamation/Libel. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not transmit any information which is or might be considered to be defamatory or libelous.

7.6 Decency. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not transmit any information which is or might be considered to be lewd, pornographic or obscene;

7.7 Unfair Competition. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not violate any laws regarding unfair competition, anti-discrimination or false advertising or the DynamiXgate General Terms of Service.

7.8 Promote Violence. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not take any action which might promote violence or contain hate speech.

7.9 Damage DynamiXgate. You agree that in the course of any performance under this agreement or otherwise with respect to any dealings between you and DynamiXgate that you will not take any action that would in any way damage DynamiXgate.

7.10 No Automatic Links. You agree not to utilize any link that is or can be initiated automatically without the user clicking on the link.

7.11 LIMITATION OF LIABILITY. IN NO INSTANCE SHALL DYNAMIXGATE BE LIABLE TO YOU FOR LOST PROFITS OR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT DYNAMIXGATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT COMMISSIONS AGREED UPON IN THIS AFFILIATE AGREEMENT ARE BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. Notwithstanding the foregoing, this section shall not limit either party

7.12 Independent Contractors. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

7.13 Integration. This agreement constitutes the entire understanding of the parties and revokes and super cedes any and all prior agreements and is intended to be a full and complete expression of the agreement between the parties. This agreement shall not be modified except in writing by the posting of a new agreement by DynamiXgate on the DynamiXgate’s web site.

7.14 Use constitutes Signature. Your agreement to the terms set forth herein is manifested by any participation in the DynamiXgate affiliate program including the submission of the affiliate application form and the collection of any commission under this agreement. This agreement may be modified, amended, altered or otherwise changed by DynamiXgate without notice to any other party other than changing the agreement itself made available by DynamiXgate to the affiliates on the DynamiXgate web site.