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Apex Pacific -- Dynamic Software Partner Program This agreement contains terms and conditions of participating in the Dynamic Software Partner Program. As used in this agreement, "Partner" refers to yourself, and "Apex" refers to Apex Pacific Pty. Ltd., developer of Dynamic Software, located at Suite 2, Level 1, 6-8 Crewe Place, Rosebery NSW 2018 Australia. Apex reserves the right to revise this agreement from time to time. 1. The Program Enrollment To enrol in the Dynamic Software Partner Program you will submit a complete Program application via Apex website. We will evaluate your application in good faith and will notify you of its acceptance or rejection (usually within 24 hours). We reserve the right to decline a program application, without reason or cause. If your application is accepted, we will authorize you to insert an HTML banner code into your website, which will link to Apex website. 2. Order Processing When a client clicks on the banner, a cookie containing your Referral ID will be stored in the client's PC for 12 months. If this potential customer orders within 12 months, you will be credited for the sale. Apex will be solely responsible for processing Dynamic Software orders placed by customers referred to Apex website through Partner’s banner. Customers will use Apex secure online ordering process. Order forms, payment processing, cancellations, refunds (if applicable), and related customer service are Apex responsibility. Apex uses its own solution to track sales made by customers who follow links from Partner’s website. Sales activity statements, click through and downloads’ reports are available in the partner’s area on Apex website. Partners can access these stats via password and username. Adjustments such as refunds, chargebacks etc may affect the accuracy of sales activity statements from time to time. All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through the banner on your site. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies. 3. Commission Payment Policy Apex agrees to pay "Partner" a 30% commission of each Dynamic Software sale Apex will process from customers referred to Apex website through Partner’s banner. Apex will pay commissions every 30 days, approximately 20 to 25 days after the prior accounting period. If commission does not reach 150 USD for the prior accounting period, the outstanding amount will be carried over to the next accounting period. All payments will be made in U.S. dollars by bank check or Pay Pal. If a processed sale results in a Chargeback or a refund, the related commission will be deducted from the next monthly payment. If no further payment is due, Apex reserves the right to bill the Partner for the amount owed. WARNING: No commission is issued for Partner’s own order(s). We will investigate any unexpected activity carefully. If it is detected that the reseller's order was for his/her own use or for a company of which he/she is an employee, there is no commission to be paid until he/she has at least three (3) ongoing re-sell orders. Apex reserves the right to modify the commission and payment policies as long as a 30 days notice is posted to Web site and/or via e-mail. 4. Website Responsibilities and Representation Apex rules, policies, customer orders and service operating procedures, product prices and their descriptions will apply to all Dynamic Software customers. Apex reserves the right to change these policies and operating procedures at any time without any prior notice to you. You are not required to make any changes as they are processed automatically. Partner is responsible for the development, operation and maintenance of his/her website and for all materials that appear on his/her site. At any time Apex may review Partner’s website and/or any links for suitability, however Apex is not required to review Partner’s website and/or links. No obscene language, sexually oriented material, or offensive language may be used on Partner’s website. Apex disclaims all liability for all matters relating to the development, operation, maintenance, and contents of Partner’s website. Partner agrees to NOT SEND UNSOLICITED or SPAM mail to directly or indirectly promote Dynamic Software. Violation of this policy will result in the immediate termination of this contract and cancellation of any pending commissions. 5. Limited License Apex grants a nonexclusive, revocable right to use Dynamic Software creative works such as any images and text that may be provided to Partner solely for the purpose of identifying his/her site as a Program participant and to assist in generating product sales through the Program. Partner may not modify any of the above-mentioned creative works without Apex express permission. Apex reserves all rights to its trade names and trademarks and all other intellectual property rights. Apex has the right to specify how and if a trade mark may be used by the Partner. 6. Term of agreement This agreement remains in affect until cancelled by either party at any time and for any reason by giving the other party written notice of termination, which may be via email. Commissions earned through the date of termination will remain payable only if the qualifying sales are not cancelled or refunded by the referred customer. Apex may withhold the final payment for a reasonable time in order to ensure the payment of the correct commission amount. 7. Relationship of Parties Apex and Partner are independent contractors. Apex and Partner shall each conduct its respective business at its own initiative, responsibility and expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein. 8. Disclaimer Apex makes no express or implied warranties or representations with respect to the Partner Program or your potential to earn income from the Dynamic Software Partner Program. In addition, Apex makes no representation that the operation of its site or the Partners' Sites will be uninterrupted or error-free, and Apex will not be liable for the consequences of any interruptions or down time. 9. Limitation of Liability Apex will no be liable for any indirect, incidental, special or consequential damages or any loss of revenue, profits or data arising in connection with this agreement or the program, even if Apex has been advised of the possibility of such damages. Apex’s total liability arising under or with respect to this agreement or the program shall in no event exceed the total commissions paid or payable by Apex under this agreement. 10. Governing Law; Venue. This Agreement shall be governed by and construed under the jurisdiction of the state courts of NSW, Australia. Any dispute arising from this Agreement, including, without limitation, a breach of this Agreement, shall be governed by the laws of the NSW, Australia, without regards to its conflict of laws principles. Reseller hereby consents to the exclusive jurisdiction and venue of the state and federal courts located in Sydney, NSW, Australia courts in all disputes arising out of or relating to this Agreement. By signing up for Dynamic Software Partner program, you are in effect, agreeing to the above agreement.

I have read and agreed to the above Terms and Conditions