Referral Partner Agreement Jul 2005 v3 Proprietary and Confidential Information V1; 07.2005;                                  

   BLAZER NETWORK  REFERRAL PARTNER AGREEMENT

 

This REFERRAL PARTNER AGREEMENT (this “Agreement”) is effective as of __________________,

2004 (the “Effective Date”), between Company Blazer Network, Inc, a web hosting company with principal offices at 200 #204 Merchants Dr Norcross GA 30093 (“Company”), and

____________________________________, a _________________ __________with principal offices at _____________________________________________________________________________________

_____________________________________________________________________ (“Referral Partner”).

1. Referral and Compensation

   A. For leads provided by the Referral Partner to Company that result in an installed customer by a

Company direct sales Referral Partner, Company will pay the Referral Partner a Commission set forth in

Exhibit A (the “Commission”).

   B. To be eligible for the Fee, the Referral Partner must provide all leads about potential customers to

Company in writing by login to Blazer Network Online for Channel Partners at www.blazernetwork.com .

   C. Company may reject a lead submitted by the Referral Partner within five business days of  Company’s receipt of it for any of the following reasons: if (i) the potential customer identified in the lead is in possession of a current proposal from Company, or Company has had one or more face-to-face meetings with the potential customer’s Referral Partners within one month preceding the submission of the lead by the Referral Partner, (ii) if Company has already received a lead for that potential customer from another person or Partner, or (iii) for any bona fide reason, Company does not anticipate to enter into a transaction with the potential customer. Company will decide whether to reject or accept a lead in good faith. Any lead not rejected within the five business day period described above will be deemed accepted by Company.

   D. Company reserves the right to revise Exhibit A at anytime with 30 days written notice, in its sole and absolute discretion. Any revision will only apply to new leads submitted by the Referral Partner after the revision becomes effective.

   E. The Referral Partner must provide Company with a completed Federal Request for Tax payer Identification and Certification (W-9) Form before Company’s payment of the Fee.

   F. Referral Partner is responsible for all taxes, charges and levies associated with Commissions, other than taxes on Company’s income.

2. Relationship

   A. The parties acknowledge that the Referral Partner operates independently and has absolute control over the actual performance and results of Referral Partner work and is not an employee or contractor of or a partner, joint venture or co-owner with Company. The Referral Partner has no authority to bind

Company or assume or create any obligation, express or implied, on behalf of Company. Referral Partner is solely responsible for acts of its employees, contractors and agents with respect to this Agreement and for all matters relating to the payment of such employees, contractors and agents. Referral Partner is

solely responsible for all expenses associated with its performance under this Agreement.

   B. The Referral Partner acknowledges that Company’s trade names, trademark and logos (if any) and

any future additions or modifications by Company are the exclusive property of Company and that nothing in this Agreement grants any right, title or interest therein to the Referral Partner. Unless authorized by Company in writing, the Referral Partner may not use or reproduce the logos of Company in any manner, and may not take any action that will interfere with or diminish Company’s rights in the logos. If so authorized by Company, all uses of Company’s logos by the Referral Partner will be accompanied by Company’s prescribed trademark designations and only in the form approved by Company.

   C. Company may from time to time provide to Referral Partner promotional materials with respect to one or more of the Company’s Services, and Referral Partner may use and display such promotional materials in promoting the applicable Services to leads. Referral Partner may, at its own expense, provide materials and advertising to promote the Services; provided that such promotional materials have been pre-approved in writing by Company in each instance and comply with all applicable laws, rules and regulations, and all trademark and other Company rules and policies.

3. Term and Termination

Either party may terminate this Agreement at any time with or without cause on 30 days prior written notice to

the other party. Any termination will not affect any Fee accrued before termination.

4. Governing Law

Georgia law governs this Agreement.

 

 

Blazer Network, INC                                                           Referral Company

                                                                                              ------------------------------------------------------------------

_____________________ID#_____                                    PRINTED COMPANY NAME

BLAZER NETWORK  SALES REP NAME

                                                                                                                             ____________________________

__________________________________                                                     AUTHORIZED SIGNATURE

AUTHORIZED SIGNATURE                                                                          ____________________________                                                                                                                               AUTHORIZED PRINTED NAME                                                                                                                                                                                                         

                                                                                 PRINTED TITLE  ---------------------------------------------

AUTHORIZED PRINTED NAME -----------------------------------------                                                                 

                                                                                                                                                                                   DATE OF SIGNATURE   -------------------------------------

                                                                                                                             

Vice President, Strategic Sales _________                                              _____________________________

PRINTED TITLE                                                                                                       COMPANY STREET ADDRESS

                                                                                        

__________________________________                                             _____________________________

DATE OF SIGNATURE                                                                                             CITY, STATE, ZIP CODE

 

                                                                                                                            _____________________________

                                                                                                                                                                                          TELEPHONE NUMBER

 

                                                                                                                             _____________________________

                                                                                                                                                                                           FAX NUMBER

                                                                                                                                                                        

                                                                                                                            _____________________________

                                                                                                                                                                                          E-MAIL ADDRESS

                                                                                                                                                                        

 

            

     BLAZER NETWORK REFERRAL PARTNER AGREEMENT                                      

                                                                                EXHIBIT A - COMPENSATION SCHEDULE
1.   Compensation Provisions

1.1. Company is not required to pay the Commission to the Referral Partner until the sale referred by Referral Partner results in an installed customer after 60days.

1.2. Blazer Network will issue one compensation check monthly on or about the last day of the month. The Compensation check will include the payment as described below from the preceding month’s sales activity.

1.3. All payments issued to Referral Partner will be sent via First Class Mail to the address contained in the

Agreement, unless otherwise designated by Referral Partner.

1.4. Referral Partner will be compensated based upon the type of customers installed. Leads that result in Blazer Network  Windows Extreme (Shared hosting) Plans , and Linux Extreme (Shared hosting) Plans installations will be compensated more than leads that resulted in Blazer Network Windows Lite (Shared hosting) Plans and Linux Lite (Shared hosting) Plans installations .Refer to the Commission Matrix Plans for details

1.5. One-Time Commission compensation will be paid on Customer orders that have been installed after 60days.Commission will be determined by applying the total number of Customer orders installed by the one-time commission dollar amount per order installed. Monthly one-time commission compensation will be calculated as follows:                                                                     

Type of services			Windows Lite	Linux Lite	Windows Standard	Linux Standard	Windows Business	Linux Business
Shared Hosting	Monthly		10.00	6.00	12.00	9.00	24.00	22.00
	Yearly		18.00	14.00	26.00	20.00	50.00	46.00
			Windows Corporate	Linux Corporate	Windows Extreme	Linux Extreme
Shared Hosting		Monthly	29.00	27.00	39.00	37.00
		Yearly	60.00	56.00	80.00	76.00
			Resller Lite	Reseller Business	Reseller Corporate	Reseller Extreme
Reseller Hosting		Monthly	34.00	39.00	49.00	79.00
		Yearly	70.00	80.00	100.00	160.00

 

Type of services		Intel Dedicated Lite	AMD Dedicated Lite	Intel Dedicated Business	AMD Dedicated Business	AMD  Dedicated Extreme	Intel Dedicated Extreme
Dedicated Hosting	Monthly	60.00	50.00	80.00	70.00	100.00	100.00
	Yearly	120.00	100.00	150.00	130.00	180.00	180.00

 

Orders Installed for the Month Plans and Year Plans    à  you will get One-Time Payment Per Order only.

Compensation Dispute

1.6. In the event that Referral Partner believes a discrepancy has occurred in compensation payments, Referral Partner will provide notice to Company along with supporting documentation. Such notice shall be provided within 30 days of Referral Partner's receipt of the payment statement containing the discrepancy, or such payment statement will be deemed correct. Within fourteen (14) business days of receiving proper notice of a discrepancy claim, Company will review the claim and respond regarding the resolution of the claim.

1.7. All claims will be paid in the next payment cycle.

2.      Special Incentives

Blazer Network may from time to time, and in its sole discretion, offer special incentive payments (“SIP”) to Referral Partner in addition to the contracted compensation schedule. Should the Customer cancel service compensated under a SIP, Referral Partner will be assessed a charge back on the SIP (as described in the SIP documentation to be provided by Blazer Network).

IN WITNESS WHEREOF, the parties hereto have executed this Exhibit A as of the Effective Date first written in the Agreement.

Blazer Network, Inc                                                     Referral Partner Company

­­­­­­­­­­­­­­­­­­­_________________________ID#______                   _______________________________

BLAZER NETWORK  SALES REP NAME                                                               PRINTED COMPANY NAME

__________________________________                                 _______________________________

AUTHORIZED SIGNATURE                                                                                                                     AUTHORIZED SIGNATURE

__________________________________                                 _______________________________

AUTHORIZED PRINTED NAME                                                                                                              AUTHORIZED PRINTED NAME

Vice President, Strategic Sales_________                                   ________________________________

PRINTED TITLE                                                                                                                                          PRINTED TITLE

__________________________________                                 ________________________________

DATE OF SIGNATURE                                                                                                                              DATE OF SIGNATURE

Referral Partner Agreement Jul 2005v1Proprietary and Confidential Information V1 07.2005