AFFILIATE AGREEMENT

This Agreement contains the complete terms and conditions which you (the "Affiliate") agree to be bound by as a participant in CrossHost.NET's  "Affiliate Check Systems" affiliate program (the "Program") and which shall apply once your application to participate in the Program has been accepted by CrossHost.

CrossHost is the sole and exclusive owner of all right, title and interest including all intellectual property rights in and to the contents, logos, style, design, look and feel, of the Affiliate Check System, Internet Marketing Toolz, and CrossHost.NET.

The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful. The use of unsolicited commercial email (UCE) or SPAM to promote the Program or any part thereof is strictly prohibited and will result in the immediate termination of all privileges associated with participating in the Program.

CrossHost shall have the right to monitor the Affiliate's Web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement.

The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion of CrossHost's products, services or affiliate program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's, knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing browser plugins such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for the affiliate's immediate termination.

CrossHost shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, Crosshost shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue to sell the Product at any time.

In no event shall CrossHost be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. CrossHost shall not be liable for any damages if, for any reason whatsoever, its Web site fails or is non-operational for any reason whatsoever.