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This agreement is between Remote Backup Systems, Inc. (RBS) and the Remote Backup Service Provider (RBSP) identified below.
Software Registered To (individual's name):
Remote Backup Systems, Inc. will send referrals to the RBSP by geographic distance. RBSP will receive referrals from prospects who indicate through entry of their Zip Code or Postal Code that their location is within the RBSP's Referral Radius, the center of which is determined by the RBSP's Zip Code or Postal Code. Unless otherwise noted, the Referral Radius is 25 miles.
Distance calculations in the United States are based on geographical coordinates for United States Post Offices acquired periodically from the Postal Service. Remote Backup Systems, Inc. is not responsible for errors in calculating distance.
Distance calculations outside the United States are based on a variety of sources and are less accurate than US calculations.
The location of the RBSP is determined by the Zip Code or Postal Code of the physical address associated with his/her Software License. Remote Backup Systems reserves the right to verify the physical address of the RBSP and to terminate this agreement if it is determined that the Zip Code or Postal Code is not that of the RBSP's true business location.
Prospects will be referred by sending an email to the RBSP at his email address of record, associated with his software license.
The Referral Network is completely automatic and operates without intervention from RBS employees. As such, Remote Backup Systems, Inc. has no further information on prospects referred to you, and cannot give you any further information by phone or email. If a prospect does not respond to your contacts, there is nothing RBS can do to help because this is all the information we have. It may be a bogus referral request. See further info below.
The email that is automatically sent by the Referral System contains all the information we have about a prospect. Some people abuse web forms by entering erroneous information, therefore RBS is not responsible for its accuracy.
RBSP will have 24 hours to contact the Referral, after which time Remote Backup Systems may contact the Referral to find out if he has been helped. If he indicates that he has not been helped by the RBSP, Remote Backup Systems may refer the Referral to another Service Provider.
Referral Network Memberships are not transferable without the written authorization of an officer of Remote Backup Systems, Inc.
Remote Backup Systems, Inc. cannot guarantee that you will receive any specific number of referrals, or any at all. The availability of referrals depends entirely on the number of qualified prospects at RBS web sites who properly fill out the Referral Form and indicate they are in a location within your referral radius.
RBSP agrees to abide by the Referral Network Code of Ethics.
RBSP agrees to abide by the Standard Service Level Agreement as posted here.
RBSP agrees to handle referrals in a quick, responsive, professional manner. Remote Backup Systems, Inc. reserves the right to temporarily suspend referrals if we receive an excessive number of complaints from people we refer to you, or if you become unresponsive to them. In such a case we will contact you in an attempt to solve whatever problem is causing this breakdown in service.
Remote Backup Systems reserves the right to terminate this agreement without liability and without refund, for violation of any of the terms of this agreement. Otherwise, it remains in effect as long as the Requirements for Qualification are met. Requirements for Qualification may be changed from time to time and are always posted on the RBS web site at this link: http://remote-backup.com/_qualify.htm. Changing Requirements for Qualification, alone, is NOT grounds for terminating this agreement.
We at RBS are dedicated to building a positive, professional image in the Remote Backup Industry. For this reason we pay close attention to the way our products and services are represented to the public, and especially the way our referrals are handled by our Service Providers. We are protective of the integrity of our Remote Backup Providers. Our software moves highly secure data files through the Internet. The security and integrity of these files is the foundation of our Service Providers' business.
The following prohibitions are intended to maintain the respect, integrity, and trust of our (and our Providers') positions in the data storage industry, to uphold the reputations for which we have all worked so hard, and to maintain the value of RBS referrals.
RBSP agrees that he/she will not:
NO WARRANTIES. To the maximum extent permitted by applicable law, Remote Backup Systems, Inc., its officers, employees, board of directors, and its suppliers disclaim all warranties, either express or implied, including but not limited to suitability for any particular purpose, and the ability of the licensee to operate the software or an RBS business. Remote Backup Systems' return policy is limited to replacement of defective diskettes and materials. As with most software companies, RBS offers no form of a "money-back guarantee." Because software can be downloaded and used immediately after online purchase, all sales are final and non-refundable.
NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall Remote Backup Systems, Inc., its officers, employees, board of directors, and its suppliers be liable for any damages whatsoever (including without limitation, direct or indirect damages for personal injury, loss of business profits, business interruptions, loss of business information or any other pecuniary loss) arising out of the use of or inability to use this service, even if Remote Backup Systems has been advised of the possibility of such damages. In any case, Remote Backup Systems, Inc., its officers, employees, board of directors, and its suppliers' entire liability under any provision of this agreement shall be limited to the amount actually paid by you for the service. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
IN NO EVENT SHALL REMOTE BACKUP SYSTEMS, INC,, ITS OFFICERS, EMPLOYEES, BOARD OF DIRECTORS, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM ANY OF RBS' WEB SITES OR INFORMATION SERVICES.
This agreement shall be governed by the laws of the state of Tennessee and shall inure to the benefit of Remote Backup Systems, Inc. and any successors, administrators, heirs, and assigns. Any action or proceeding brought by either party against the other arising out of or related to this agreement shall be brought only in a STATE or FEDERAL COURT of competent jurisdiction located in Shelby County, Tennessee. The parties hereby consent to in personam jurisdiction of said courts.