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Referring Members may earn a one-time bounty for each person they refer to become a New Member for certain versions of the NetZero dial-up or DSL Internet access service under the NetZero Refer-A-Friend program. A NetZero member becomes a Referring Member when a New Member provides the referring NetZero member's valid NetZero email address either 1) in the box designated for referrals during the registration process or 2) to the NetZero customer service agent if registering over the telephone.
A "New Member" is a new subscriber that registers for a qualified standard NetZero dial-up or DSL Internet access service through a floppy disk, pre-install, on the Internet, or registers over the telephone, provides the NetZero email address of one Referring Member during the registration process, pays with a valid credit card, check, 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 NetZero service. New Member specifically excludes any subscriber that elects to pay for the service by any method other than credit card, check, or electronic check unless otherwise allowed by NetZero. New Member also specifically excludes any subscriber that signs up for the Platinum service for the Linspire or Lycoris operating systems or through the Internet Connection Wizard within the Microsoft Windows™ operating system.
Referral Process
A New Member must enter the Referring Member's valid NetZero email address (an email address with @netzero.com as the mail domain) in the box designated for referrals during the registration process or provide the Referring Member's valid NetZero email address to the NetZero customer service agent if registering over the telephone. If a referral box or other mechanism is not provided during the registration process, then the particular service or version of the service is not a part of the Refer-A-Friend program. Without limiting the generality of the foregoing, versions of the service that are less than $9.95 per month or include trial or free months may not be eligible for the
Refer-A-Friend Program. New Members that switch from an eligible version of the service to an ineligible version of the service during the initial three month period do not qualify for bounties. If an email address other than a NetZero email address is provided, no bounty will be earned even if such email address correctly identifies a particular Referring Member. A New Member may indicate only one Referring Member. No referrals, corrections or updates may be provided after registration is completed. Employees (and family members) of United Online or United Online subsidiaries are not eligible to participate in the Refer-A-Friend program.
Bounty
The amount of the one-time bounty payable for each New Member attributable to a particular Referring Member is set forth on the NetZero affiliate web page at http://www.netzero.net/s/refer/. A Referring Member will earn the applicable bounty only when a New Member satisfies all of the required conditions. NetZero reserves the right to determine, in its sole discretion, whether a particular referral or New Member is fraudulent, and may withhold bounty payments pending such determination. Fraudulent referrals or New Members do not qualify for bounties.
Payment
NetZero will pay bounties to Referring Members approximately 45 days after the bounties are earned. Payment will be made in the form of a check sent to the address specified in a Referring Member's member profile. To update member profile, click Options at the top of the main NetZero interface, then select "Update Member Profile". If the option is not available, go to http://account.netzero.net/. Referring Members are responsible for providing correct address information at all times, and NetZero is not responsible for undeliverable payments. Please report any problems or questions to referrals@support.netzero.com. Customer service representatives cannot answer questions regarding the Refer-A-Friend program over the telephone.
Changes
NetZero may, in its sole discretion, discontinue or alter any aspect of the NetZero Refer-A-Friend program at any time, without notice, and without liability. Visit these rules periodically for updates or changes. NetZero may terminate or suspend your participation in the Refer-A-Friend program at any time. For the latest version of these rules, email us at referrals@support.netzero.com.
Warranty Disclaimer; Limitations; Indemnification
EXCEPT AS EXPRESSLY INDICATED OTHERWISE, NETZERO HEREBY DISCLAIMS ALL STATUTORY OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN NO EVENT SHALL NETZERO 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 NETZERO TO A REFERRING MEMBER HEREUNDER. Referring Member shall defend, indemnify and hold NetZero 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 NetZero as a result of any and all such claims, suits and proceedings against NetZero 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 California 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 NetZero and a Referring Member. These rules were last modified on October 1, 2005.
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