Kegerator.com Referral Program

a. This Referral Program Terms and Conditions (the "Agreement") govern the rights and obligations of Kegerator.com ("LD") and the Referral Program Member ("Referrer").
b. This Agreement applies to the Referrer's participation in the LD Referral Program (the "Referral Program"), whereby Referrer will refer potential customers to LD.
c. LD may modify the content, terms and conditions of this Referral Program from time to time. Any change to this Referral Program will be effective immediately when posted to LD's web site. This Agreement will be posted at: http://www.compactappliance.com

Eligibility and Referral Program Signup

a. Upon meeting eligibility, the referrer can apply to participate in the LD Referral Program via the website.
b. Referrer acknowledges that they have read and agree to be bound by this Agreement.

Referral Program Enrollment

a. LD must approve the referrer's application to join the Referral Program.
b. LD reserves the right to refuse participation in the Referral Program to anyone.
c. When a referrer join the Referral Program, they will be issued a unique Referral ID.
d. After joining the Referral Program, the Referrer will have access to a Referral Manager Control Panel for Referral Program management.

Referral Process

a. Referrer can refer prospects via word of mouth. The referred customer must place an order over the phone and give the agent the Referral ID.

Referrals

a. Referrer will be credited for referring a customer, only if the Referred customer completes the LD order over the phone and gives the Referrer's unique ID.
b. Referred order must provide complete, accurate, and current Billing and contact information.
c. Referrer will not receive credit for a sale that uses a Promotion Code.
d. Referrer will not receive credit for a sale if the referred was a previous customer of LD. Referrer will not receive credit for the same referred hosting account twice.

Compensation for Referrals

Referrer will receive a credit for each qualified Referred order as follows:
a. Referred orders must be in good standing for more than 60 days to qualify and count toward referral credits.
b. For each qualified referred order, based on the date of the referred shipping date, the Referrer will receive credit as outlined in Schedule I, and valid credit will be available for future payment to the Referrer, when the minimum payout threshold is reached and the Referrer requests payment.
c. Referrer acknowledges that their Referral account will be reviewed by LD staff prior to any payout.

Referral Payments

a. Referral credits will be available for payout only after the total aggregate amount exceeds a threshold as defined in Schedule I.
b. Payments will be made to Referrer via Check only. No other forms of payments will be made.
c. Payments will be in US Funds ONLY.
d. Referrer must proactively request a check payment via the control panel.
e. Referrer will bear all taxes, duties, levies, and other similar charges and any related interest and penalties, however designated or imposed on them as a result of participation in this Agreement, including income, sales, or use tax on profits which may be levied against the Referral.
f. Payments are processed on the 1st and 15th of every month and must pass account review by LD staff.
g. Referral credits will reflect the Referral Commission based on the date when the Referred order was shipped.

Reports of Sales

Referrer can view their referred sales, referral credit, and payment status in their Referral Manager Control Panel.

Emails, Publicity and Marketing

a. Referrer agrees to not create, publish, transmit, distribute, under any circumstances, any bulk electronic mail messages that would be considered as SPAM.
b. Referrer agrees not to SPAM blogs, online forums, or newsgroups.
c. Failure of Referrer to abide by this NO SPAM policy, will be deemed a material breach of this Agreement and will terminate any and all rights and claims to any commissions.
d. Any marketing materials or print advertising cannot be used without first submitting a sample to LD and obtaining written approval.
e. Referrer agrees to conduct themselves in a professional manner when posting to online forums, blogs, or any other public internet postings which contain links to the LD Referral Program.

Licenses and Use of LD Logos and Trademarks

a. LD grants Referrer with a non-exclusive, non-transferable, revocable right to access LD website through the links in accordance with the terms of this Agreement and solely in connection with this Agreement.
b. LD's trademarks, tradenames, service marks, logos, other names and marks, and related product and service names, design marks and slogans are the sole and exclusive property of LD. Except as otherwise provided in the Agreement, Referrer may not use any of the foregoing in any advertising, publicity or in any other commercial manner without the prior written consent of LD.
c. Any feedback, data, answers, questions, comments, suggestions, forum posts, ideas or the like which Referrer sends to LD relating to this Agreement will be treated as being non-confidential and non-proprietary. LD may use, disclose or publish any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

Term of Agreement

a. The term of the Agreement will begin upon LD's acceptance of the Referrer's active status.
b. Referrer's active status will end when terminated by either party. Both parties can terminate this Agreement at any time, with or without cause, by giving the other party a written notice of termination.

Disclaimer of Warranty

Referrer agrees to use any information obtained through or from LD, at Referrer's own risk. Referrer acknowledges and agrees that LD exercises no control over, and accepts no responsibility for, the content of the information passing through LD's host computers, network, or the Internet. THE INFORMATION IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NONE OF LD, ITS PARENT, SUBSIDIARY OR AFFILIATED CORPORATIONS, OR ANY OF THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, AGENTS, SUPPLIERS, THIRD-PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE ("LD PERSON") MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE INFORMATION OR ANY EQUIPMENT LD PROVIDES. NO LD PERSON MAKES ANY WARRANTIES THAT THE INFORMATION WILL NOT BE INTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFORMATION OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR MERCHANDISE CONTAINED IN OR PROVIDED. LD IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM AFFILIATE OR STORED BY AFFILIATE OR ANY OF AFFILIATE'S USERS VIA THE INFORMATION PROVIDED BY LD. NO ADVICE OR WRITTEN INFORMATION GIVEN BY ANY LD PERSON, WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

The terms of this section shall survive any termination of this Agreement.

Referrer Representations and Warranties

Referrer hereby represents and warrants to LD, and agrees that: a. Referrer will comply with all applicable laws, rules, regulations, and Internet etiquette in the conduct of its business.
b. Referrer will not make any representations concerning the Services except those that have been approved or published by LD.
c. Referrer will not distribute any documents or materials describing the Services except those that have been approved or published by LD.

Independent Contractor

LD and Referrer are independent contractors and nothing contained in the Agreement places LD and Referrer in the relationship of principal and agent, partner or joint ventures. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party.

As a requirement by the Internal Revenue Service (IRS), the Referrer understands that they must provide LD with a Tax ID number or Social Security Number (SSN) should Referrer earn more than $600.00 of Referral Commissions in a single year, or the then current threshold set by the IRS. Should the Referrer be required to provide a Tax ID number or SSN, no Referral Payments will be paid out until the Referrer provide LD with the appropriate information as required by the IRS.

Limitation of Liability

a. Referrer agrees that no LD Person, under any circumstances, shall be held responsible or liable for situations where the information are accessed by third parties through illegal or illicit means, including situations where such data is accessed through the exploitation of security gaps, weaknesses or flaws (whether known or unknown to LD at the time) which may exist in the Services or LD's equipment used to provide the Services.
b. Under no circumstances, including negligence, shall any LD Person be liable for any indirect, incidental, special, consequential or punitive damages, or loss of profits, revenue, data or use by Customer, any of its users, or any other third party, whether in an action in contract or tort or strict liability or other legal theory, even if LD has been advised of the possibility of such damages.
c. No LD Person shall be liable to Referrer, any of its users, or any other third party, for any loss or damages that result or are alleged to have resulted from the use of or inability to use the Services, or that results from mistakes, omissions, interruptions, deletion of files, loss of data, errors, viruses, defects, delays in operations, or transmission or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to LD's records, programs, equipment, or services.
d. IN NO EVENT WILL LD'S LIABILITY IN CONNECTION WITH THE SERVICES, ANY SOFTWARE PROVIDED HEREUNDER OR ANY ORDER, WHETHER CAUSED BY FAILURE TO DELIVER, NON-PERFORMANCE, DEFECTS, BREACH OF WARRANTY OR OTHERWISE, EXCEED THE AGGREGATE ACTUAL REFERRAL FEES PAID OUT DURING THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
e. LD CANNOT GUARANTEE CONTINUOUS SERVICE, SERVICE AT ANY PARTICULAR TIME, INTEGRITY OF DATA, INFORMATION OR CONTENT STORED OR TRANSMITTED VIA THE INTERNET. LD WILL NOT BE LIABLE FOR ANY UNAUTHORIZED ACCESS TO, OR ANY CORRUPTION, ERASURE, THEFT, DESTRUCTION, ALTERATION OR INADVERTENT DISCLOSURE OF, DATA, INFORMATION OR CONTENT TRANSMITTED, RECEIVED OR STORED ON ITS SYSTEM.
f. Referrer understands, acknowledges and agrees that if LD takes any corrective action under this Agreement because of an action of Referrer or its website users, and Referrer agrees that LD shall have no liability to Referrer due to such corrective action by LD.

The terms of this section shall survive any termination of this Agreement.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, acts of government or other legal order, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

Indemnification

Referrer agrees to indemnify, defend and hold harmless LD and its parent, subsidiary and affiliated companies, and each of their respective officers, directors, employees, shareholders and agents ("Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings, and expenses (including attorney fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) Referrer's use of the Services, (ii) Referrer's participation in Referral Program, (iii) any violation by Referrer of the Usage Policy, or Terms and Conditions, (iv) any breach of any representation, warranty, or covenant of Referrer contained in this Agreement, or (v) any acts or omissions of Referrer.

The terms of this section shall survive any termination of this Agreement.

Governing Law, Jurisdiction, and Arbitration

This Agreement shall be governed in all respects by Texas law without regard to the conflict of law provisions thereof. Both parties submit to personal jurisdiction in Texas. Any controversy or claim arising out of, relating to or in connection with this Agreement, or the breach thereof, shall be subject to arbitration administered by the American Arbitration Association ("AAA") in accordance with its then existing Commercial Arbitration Rules ("AAA Rules") and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The place of arbitration shall be Austin, Texas, or any other place selected by mutual agreement of the parties. An award rendered in connection with an arbitration pursuant to this Section shall be final and binding upon the parties and the parties agree and consent that the arbitral award shall be conclusive proof of the validity of the determinations of the arbitrations set forth in the award, and any judgment upon such an award may be entered and enforced in any court of competent jurisdiction. The parties agree that the award of the arbitral tribunal will be the sole and exclusive remedy between them regarding any and all claims and counterclaims between them with respect to the subject matter of the arbitrated dispute. The parties hereby waive all in personam jurisdictional defenses in connection with any arbitration hereunder or the enforcement of an order or award rendered pursuant thereto. In any legal action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs and reasonable attorney's fees.

The terms of this section shall survive any termination of this Agreement.





SCHEDULE I
Commission for each Referred Account$20.00
Minimum Payout Threshold$40.00
Valid from July. 23, 2007 until further notice