AdSonic Financial Content Ads :: Sign Up as Publisher

TERMS, effective December 2nd,2005:

Affiliate Publisher Terms - Click Here

Client Advertiser Terms - Click Here

By submitting an application to become an Affiliate of Pulsar Marketing Inc. and one or more of Pulsar Marketing's Affiliate Networks, you certify that all information in your Registration Form is true and correct and that you have read this Agreement, understand all terms and conditions, and agree to be legally bound by them. "YOU" or "YOUR" means YOU the applicant. "WE" or "OUR" or "US" means Pulsar Marketing Inc. and one or more of Pulsar Marketing's Affiliate Networks. "OUR site" means PulsarMarketing.com and one or more of Pulsar Marketing's Affiliate Networks for which YOU have been accepted as an Affiliate, and "YOUR site" means YOUR Web site or sites that YOU use to link to OUR site(s) or to OUR Client Advertiser site(s). "Program" means Pulsar Marketing Inc. and one or more of Pulsar Marketing's Affiliate Networks, of which the purpose is to generate revenue for YOU by promoting Our site and/or Our client products and/or services featured on OUR Affiliate Network(s).

CURRENT AND FUTURE SITE ACCEPTABILITY
WE reserve the right to not accept any sites that have, in OUR sole opinion, any controversial or unacceptable content such as, but not limited to, sites that promote, contain or link to: violence or hatred; criminal or illegal activities; sexually explicit material; discrimination based on race, color, sex, religion, nationality, disability, sexual orientation or age; libelous, defamatory, disparaging, obscene, offensive or other content that WE deem inappropriate; material that infringes on trademark, copyright or patent rights of another party. YOU agree that such content is Not Permitted, now or in the future, and is cause for immediate termination of this agreement and forfeiture of any and all moneys earned but not yet paid should such controversial or unacceptable content be discovered by Us on Your site(s) at any time whether such content existed on Your site(s) upon initial review and acceptance by Pulsar Marketing Inc. We also reserve the right to approve Affiliate membership into one or more Pulsar Marketing network, yet to simultaneously reject membership into one or more of Pulsar Marketing's other networks. Pulsar Marketing shall base individual network approvals and rejections; at its sole discretion, upon the qualifications of each Affiliate and each Affiliate's website.

INDEPENDENT CONTRACTOR
YOU and WE are independent contractors in this agreement. A party, and its agents and employees, are not partners, agents, representatives, joint venturers or employees of the other party. YOU have no authority to make or accept any offer on OUR behalf. YOU will not do or say anything to contradict this independent contractor relationship. Prior to receiving any commission revenue, you must provide us with a completed, signed W9 Form (U.S. Affiliates) or a W8-BEN Form (Non-U.S. Affiliates). Should your address, name, or other identifying information change, you must provide a new W9 Form or W8-BEN Form to continue receiving any earned commissions.

OUR RESPONSIBILITIES
WE agree to furnish YOU access to OUR network site(s) for which you have been accepted as an Affiliate through links furnished by US. WE will provide YOU with the minimum necessary advertisement links or codes (based upon the network for which You have been accepted) for You to place onto your approved web site(s) page(s). YOU agree not to attempt modifying any advertisement link or code; or your web page(s), in any manner that may interfere with the delivery and proper display of advertisement content.

WE will maintain OUR network site(s) on OUR server(s). WE retain the right to make changes to OUR network site(s) as deemed necessary by US at OUR sole discretion and without any advance notice. WE will provide statistical data for revenue generated by You for which We were able to track, record and log in good faith using Our software.

YOUR RESPONSIBILITIES
YOU agree to display the respective advertisement code or link on YOUR site as provided to You by Us. For copyright issues and other concerns, YOU must legally own the domain(s) which YOU listed on YOUR affiliate registration. YOU agree to follow any instructions or guidelines WE dictate for using codes or links. YOU agree to cooperate fully with US to ensure codes and links are maintained and used according to OUR requirements as well as the marketing Terms and Conditions of each respective Client Advertiser. YOU will not alter, modify or expand any code or link, and will install it in the precise format provided to YOU by US.

You will not attempt to conceal the results of Our codes or links in any manner, including but not limited to; the use of background colors, overlapping graphics, font manipulation, resizing, frames pages or iframes without first receiving expressed written permission from Us.

You agree to not place Our Client Advertiser links or codes onto any incentive-based website(s) unless placement on incentive-based websites is specifically authorized in writing by Pulsar Marketing and the respective Client Advertiser(s).

You agree to follow all marketing Terms and Conditions as set forth by Pulsar Marketing and Client Advertisers including; but not limited to, content which may or may not be permitted on link/code placement web pages or emails, approved graphics, textual content, as well as updating graphics and textual content as required to remain within marketing compliance.

You will earn commissions only for valid consumer actions which were derived via the codes and links provided to You by Us. For details regarding valid consumer actions, refer to the respective Affiliate Network.

YOU agree to accept email and other correspondence from US at the email and/or physical mail address YOU provide US on YOUR Registration Form. YOU agree to keep US advised and up to date on any and all changes that may be necessary as to the information You had submitted on the Affiliate Registration Form. YOU agree that if YOU advise US that YOU no longer wish to receive email from US then this agreement will be considered terminated and Your Affiliate membership will likewise be terminated, and any earned yet unpaid commissions shall remain subject to Our minimal payment requirements. In the event You have an upaid balance which does not meet Our minimal payment requirement, You shall forfeit said balance upon termination of this Agreement.

YOU agree not to solicit, nor attempt to solicit, any Client Advertiser on any Pulsar Marketing network for the purpose of entering into direct advertising agreements which may circumvent OUR service and the award of OUR service fee to Us. YOU further agree not to entertain any solicitation which YOU may receive from any Client Advertiser on OUR network, and to report such instances within two (2) business days of receiving any such solicitation. YOU understand and agree that violations of this policy, and any violation of OUR AGREEMENT, shall result in YOUR immediate termination from any and all Pulsar Marketing networks and forfeiture of any and all earned yet outstanding revenue, regardless of balance amount.

YOU agree that unsolicited email (spamming) and/or other generally unacceptable forms of marketing and/or any marketing techniques, methods or approaches that are done directly or indirectly promoting OUR products and or services and are not pre-approved by US are Not Permitted. YOU agree that WE are the sole authority to determine if any unapproved marketing YOU do for US directly or indirectly is "generally unacceptable" or is considered "spamming".

YOU agree that YOUR failure to follow any and all terms of this agreement allows US, at OUR sole discretion, to immediately terminate this agreement and to deny remitting to You or to Your representative any generated yet upaid commissions.

PAYMENTS
Compensation which is earned and originating from activity received through YOUR placement of OUR advertising code or link shall be paid monthly, by the end of the month for the preceding month's earnings, provided the amount is $50 or more ($50 minimal requirement). In the event YOUR earnings are less than $50, YOUR earnings will be carried forward month-to-month until the $50 minimum is obtained. Commission totals from more than one Pulsar Marketing Affiliate Network cannot be combined in order to meet the $50 minimum requirement. In order to receive commission payments from more than one Pulsar Marketing Affiliate Network, You must generate a minimum of $50 in monthly revenue from each network. For networks in which You generate revenue yet fail to generate a minimum of $50 in monthly revenue, said revenue shall be carried forward month-to-month on the respective network until You generate the required $50 minimum. Additionally, Affiliates with multiple Affiliate memberships at the same Pulsar Marketing Affiliate Network, cannot combine; nor transfer, commission balances from one membership to another. For commission payout amounts, refer to each Client Advertiser's compensation at the respective Pulsar Marketing Affiliate Network.

In order to receive your earned commissions pursuant to our payout schedule, the following information is necessary:

U.S. Affiliates:
You must be a U.S. citizen residing in the U.S. with a valid, physical mailing address. You must provide Us with a completed, signed W9 Form for each current tax year. Commission payments are rendered via a Pulsar Marketing debit card or a mailed check to a physical U.S. address (not to a PO Box). Commission payments generated yet pending distribution due to YOUR not having supplied the necessary current tax form or other personal information, shall be held for a maximum of 90 days from the date of the check; or in the event of debit card payments, 90 days from the date in which the payment transfer was to occur. Affiliates who do not provide the proper tax form or other required personal information prior to the 90 day expiry shall forfeit said commission payment(s).

Non-U.S. Affiliates:
To claim Non-U.S. Affiliate status, You must either reside outside of the U.S. or be able to prove You do not have U.S. citizenship. You must provide Us with a completed, signed W8-BEN Form for each current tax year, as well as a PayPal email address which lists Your PayTo Name and declares Your PayPal account as a Verified Non-US Member. Commission payments are rendered via PayPal or a mailed check to a physical Non-U.S. address (not to a PO Box). Commission payments generated yet pending distribution due to YOUR not having supplied the necessary current tax form or other personal information, shall be held for a maximum of 90 days from the date of the check; or in the event of debit card payments, 90 days from the date in which the payment transfer was to occur. Affiliates who do not provide the proper tax form or other required personal information prior to the 90 day expiry shall forfeit said commission payment(s).

NOTE: Citizenship/Residency Change: You cannot change any citizenship nor country of residence information after registering, joining and/or getting approved for any Pulsar Marketing Affiliate Network. If You need to change Your citizenship and/or national residency, You must terminate Your existing Affiliate membership and re-join using Your new citizenship/residency information. Pursuant to Our termination policy, generated yet unpaid commissions cannot be transferred from one Affiliate membership to another. Additionally, commission payments will not be forwarded from a previous declared U.S. address to a Non-U.S. address.

REPRESENTATIONS AND WARRANTIES
YOU represent to US that YOU have the authority to enter into this Agreement, that YOU are licensed (to the extent required by law) to do business and to carry out YOUR obligations in this Agreement, and that, to YOUR knowledge, there is nothing that would prevent or threaten YOUR ability to perform YOUR obligations in this agreement. YOU have independently evaluated the desirability of participating in the program and YOU are not relying on any representation, guarantee or assurance other than as stated in this agreement.

YOU represent; to the best of YOUR knowledge and control, all consumer activity and any and all subsequent commission earnings generated through the Advertising codes and links provided to You by Us are valid and; in instances of application/lead form submissions, such forms were completed and submitted by the same person whose name is on the application.

CHANGES
WE may change, modify, add or delete any term or condition of this Agreement (collectively a "Change"), at any time and at OUR sole discretion, by emailing to YOU or by posting on OUR site the Change, effective on the date WE specify. Changes may relate to, for example, the scope or type of Commissions, the Commission payment schedule, payment procedures and Program rules.
IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT PURSUANT TO OUR TERMINATION POLICY. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTERWARDS CONSTITUTES YOUR BINDING ACCEPTANCE OF THE CHANGE.

WARRANTY DISCLAIMERS
OUR site is provided as is, without any express or implied warranty of any kind with respect to OUR program, the links or OUR system(s), policies or procedures, including, without limitation, warranties of fitness, merchantability or non-infringement of intellectual property. In addition, WE make no representation or warranty that the operation of OUR site will be uninterrupted or error free, and WE will not be liable for any interruptions, downtime or errors. WE cannot be held liable for the accuracy of, or errors in, the reports WE use from others or from the failure of others to provide reports, although WE will make all reasonable efforts to assure such reports are accurate and timely to the best of OUR ability.

WE may at any time directly or indirectly solicit new customers on terms that may differ from those in this agreement or from those in effect at the time of this agreement. WE may operate web sites that are similar to or compete with YOUR site.

CONFIDENTIALITY
Without prior written consent, YOU or WE will not use or share with any third party any information relating to the number, percentage or type of visitors on YOUR site that follow a link to OUR site(s) without limitation. YOU or WE will not disclose or share with any third party the amount of compensation paid to YOU under this agreement. This provision will survive termination of this agreement.

INDEMNIFICATION
WE agree to hold harmless YOU and YOU agree to hold harmless US from any and all loss, damage, liability, claims or causes of action in any way resulting from any acts or omissions of either US or YOU in connection with or in any way related to this agreement. This mutual indemnity shall include, but not be limited to, any loss, damage, liability, claims, or causes of action under any state or federal consumer credit laws, including but not limited to the Federal Truth in Lending Act and Equal Credit Opportunity Act.

LIMITATION OF LIABILITY
WE will not be liable for indirect, special or consequential damages, such as loss of revenue, profits or data, arising from or in connection with this agreement or the program, regardless of whether WE were informed or had direct or imputed knowledge of the possibility of direct, special or consequential damages. YOUR obligations in this provision will survive termination or expiration of this agreement. Except with respect to compensation payment obligations WE owe to YOU, the total aggregate liability relating to this agreement that WE will be liable for is $500.00.

TERM, TERMINATION
The term of this agreement is thirty (30) days from the date of its execution by both parties, and is automatically renewed monthly until terminated by YOU or US. Upon termination of this agreement all compensation paid to YOU shall immediately cease. The indemnification and other terms that are necessary after the termination of this agreement shall survive any termination of this agreement.

Pulsar Marketing Inc.; may, at Pulsar Marketing Inc's sole discretion, terminate You from any or all Pulsar Marketing Affiliate Networks. Common reasons for Affiliate Termination by Pulsar Marketing Inc include; but are not limited to, Your failure to comply with Pulsar Marketing's Terms and Conditions contained in this AGREEMENT, Your failure to meet the marketing Terms and Conditions as set forth by Pulsar Marketing's Client Advertisers, inability for Pulsar Marketing to contact You via email or telephone, vulgar/obscene correspondence; whether verbal or written, from You to any Pulsar Marketing Inc staff member, or failure to provide required tax information within 90 days of generating commissions.

YOU agree that termination of this agreement; for any reason either by You or by Us, will also immediately terminate any further payments for commissions generated by You yet upaid by Us. In such event, any earned yet upaid balance(s) shall be forfeited by You.

BINDING AND SOLE AGREEMENT
This agreement shall be binding upon YOU and US and to any successors and/or assignees. This agreement is the sole agreement between the parties, no prior agreements or understandings shall be effective for any reason. The waiver or failure of either party to exercise any right provided in this agreement shall not be deemed a waiver of any other rights. In the event that any portion of this agreement be declared void, unlawful or unenforceable, that portion shall be deemed stricken from this agreement and the remaining portions of this agreement shall continue in full force and effect. YOU shall comply with all United States Of America Federal, State, and Local laws.

NO ASSIGNMENT
YOU will not assign any aspect of this agreement to another person or entity without OUR prior written consent which will be at OUR sole discretion.

GOVERNING LAW
This agreement shall be construed and enforced in accordance with, and governed by, the laws of The United States Of America and or the State Of Mississippi. All causes of action between the parties shall be brought in the appropriate court in Harrison County, Mississippi. In the event of litigation, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

CORRESPONDENCE
All correspondence WE send to YOU, including but not limited to YOUR compensation payments, will be sent to the email address and or the mailing address YOU provided to US on the Pulsar Marketing Affiliate Program Registration Form.

DIRECT ALL CORRESPONDENCE REGARDING ANY PULSAR MARKETING AFFILIATE NETWORK TO: Pulsar Marketing, 22272 Tootle Road, Gulfport, MS 39503

ENTIRE AGREEMENT
This agreement is the complete and entire agreement of the contract between YOU and US regarding this relationship and will not be affected by any prior written or oral agreements or assurances.

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CLIENT ADVERTISER AGREEMENT

Participation in our program:
WE do not accept ADVERTISERS with adult content or objectionable material, nor ADVERTISERS that participate in hacking, warez, software piracy, hate, or those with libelous or defamatory activity. WE do not accept ADVERTISERS that provide links to the aforementioned list. WE reserve the right to evaluate and reject ADVERTISERS at our own discretion.

This Pulsar Marketing Agreement (hereinafter the "Agreement") is made by and agreed to between AdSonic.com, aka Pulsar Marketing. ("PulsarMarketing.Com"), and YOU ("YOU"). As an application service provider, PulsarMarketing.Com facilitates "Online Marketing" through provision of services ("Network Service") via the Internet. An "Online Marketing" Program (or "Programs") is where a person, entity, Affiliate or its agent operating one or more "web site(s)" (domain or portion of a domain within the Internet) and/or subscription e-mail list(s) ("Affiliate") may earn financial compensation ("Payouts") for "Transactions" (sales and/or "Leads") made from such Affiliate's web site or subscription e-mails through a click made by a "Visitor" (generally any person or entity that is not the Affiliate or the Affiliate's agent) on an Internet connection ("Link") to a web site or web site content operated by another person or entity ("ADVERTISER"). The ADVERTISER compensates the Affiliate, in accordance with this Agreement and the Program specifications.

1 Relationship. In the context of YOUR Program, YOU are referred to herein as a ADVERTISER or CLIENT. YOU understand and agree that our Marketing program is only for Online Marketing. YOU also agree not to:

(a) mislead others;
(b) operate or utilize a web site or e-mail Link to web sites that contain or promote any of these types of content: libelous, defamatory, obscene, abusive, violent, bigoted, hate-oriented, cracking, hacking or warez, or the offer any illegal good or service, or Link to a web site(s) that does so;
(c) engage in spamming, indiscriminate advertising or unsolicited commercial e-mail; and/or
(d) engage in any illegal activity of any type, including but not limited to displaying illegal content on YOUR web site or offering any illegal good or service through YOUR web Site.

If YOU engage in any of the foregoing, YOU shall be subject to termination and/or deactivation as set forth in Section 6.2 and referral by PulsarMarketing.Com to the appropriate law enforcement agencies. PulsarMarketing.Com may not review all content on YOUR Web site. YOU shall remain solely responsible for YOUR Web site content. PulsarMarketing.Com is under no circumstances responsible for the practices of any Affiliate or ADVERTISER or such Affiliate or ADVERTISER's Web site(s), and/or the content of Affiliates' subscription e-mails and/or the content that a ADVERTISER makes available through the Network Service.

Advertising:
Unless voluntarily agreed and specified by PulsarMarketing.Com, Pulsar Marketing does not provide marketing material on YOUR behalf. YOU must supply all creative material when YOU establish an account.

No Guarantees:
PulsarMarketing.Com makes no warranties, guarantees, or representations regarding the amount of traffic, clicks, revenue or profit an ADVERTISER can generate through the use of the PulsarMarketing.Com network. PulsarMarketing.Com makes no guarantees or representations regarding any information contained in any promotional material or oral communications made by any PulsarMarketing.Com representative, its employees, or agents. The ADVERTISER assures that it has not relied upon any oral or written information provide by PulsarMarketing.Com.

Independent Contractor:
ADVERTISERS are independent contractors. PulsarMarketing.Com owners shall not provide any legal or accounting advice. The ADVERTISER is responsible for the ADVERTISER's (company or individual) tax obligations. The ADVERTISER is not an employee, partner, shareholder, or director of PulsarMarketing.Com, and shall not enter into any agreement on behalf of PulsarMarketing.Com.

2.1 Upon YOUR "Live Activation Date" (as defined in Section 6.1), Affiliates may display YOUR Program for the opportunity to earn Payouts if results are produced through promoting YOUR "Campaigns" (pay-per-Transaction promotions).

2.2 Affiliates Use of Banner Code. Affiliates may place or remove Banner Codes from Web sites at each Affiliate's discretion.

The details of YOUR Program and any Campaigns shall be contained within YOUR "Details" that WE host in our Affiliate Management Login. YOU must provide PulsarMarketing.Com with a copy of YOUR Details content prior to activating YOUR Program through the Network Service for PulsarMarketing.Com's review for consistency with this Agreement and the Affiliate Service Agreement. If YOU wish to revise YOUR Details, YOU must submit a copy of the revised Details to PulsarMarketing.Com for review for consistency with this Agreement and the Affiliate Service Agreement, and provide PulsarMarketing.Com with at least 7 business days written notice of the revised Details which would then enter into effect upon the later of the 8th business day. YOU agree to permit Affiliates to serve YOUR ad content. For "Lead" Campaigns, the ADVERTISER is compensating an Affiliate when a Visitor has completed an action that is defined by the ADVERTISER, such as completing a form or other mechanism to identify potential customers. YOU shall establish Lead parameters on YOUR Details, including any disqualifying Leads or Lead form content (such as multiple Lead submissions), and the components included within an individual sale Transaction that result in a Payout. Notwithstanding the preceding, nothing contained on YOUR Details may conflict with the terms and conditions contained in this Agreement and the Affiliate Service Agreement and any such conflicting terms and conditions shall be void. PulsarMarketing.Com shall not be obligated to enforce or honor any such conflicting terms and conditions.

2.3 Terminating Affiliates from YOUR Program/Campaign. By use of the Positive and Negative Keywords, you may restrict your advertisement to appear on web sites which match your targeted content, and may restrict web sites which contain offensive textual words. If an Affiliate consistently delivers invalid traffic to Your program, You may submit an Affiliate Termination Request to Pulsar Marketing. Pulsar Marketing will review Your request and Your supporting documents. Pulsar Marketing shall terminate Affiliates deemed by Pulsar Marketing as:

(a) operation of an illegal business through its Web site and/or subscription e-mail list;
(b) engaging in any illegal activity of any type, including but not limited to displaying illegal content on its Web Site and/or in its subscription e-mails or offering any illegal good or service through its Web Site and/or subscription e-mails;
(c) operation of a Web site or e-mail Link to Web sites that contain or promote, any of the following content: misleading, abusive, violent, bigoted, hate-oriented;
(d) engaging in indiscriminate or unsolicited commercial advertising e-mails;
(e) placing Links to YOUR Web site in newsgroups, message boards, unsolicited e-mail and other types of spam, banner networks, counters, chatrooms, guestbooks, IRC channels or through similar Internet resources;
(f) causing or enabling any Transactions to be made that are not in good faith, including, but not limited to, by means of any device, program, robot, Iframes, hidden frames, JavaScript popup windows and redirects;
(g) establishing or causing to be established any promotion that provides any rewards, points or compensation for Transactions, or that allows third parties to place Links to a YOUR Web site or Web site content on such party's Web site or in its e-mails, without YOUR prior written permission;
(h) breach of the licensing provisions of its Affiliate Service Agreement;
(i) breach of any other intellectual property right provision of the Affiliate Service Agreement or other of YOUR common law intellectual property rights; and/or
(j) diluting, blurring or tarnishing the value of YOUR trademarks, trade names, and/or service marks.

3.1 Network Service Fees. In consideration for payment of the fees due hereunder (see table below) and compliance with this Agreement, PulsarMarketing.Com shall provide YOU with access to the Network Service and the services listed in Section 3.2. (YOU must establish more than one Account per Program (e.g. per Web site that YOU operate).

SERVICE FEE

Network Access Fee
WE do not charge a network access fee.

Activation Minimum Balance
For select ADVERTISERS, this fee may be waived. If WE require an Activation Minimum Balance, typically this fee is $1,000.00

Minimum Balance Amount
$500.00. This is to ensure an ADVERTISER's account has sufficient funds to cover any surge of transactions or a backlog of Pending Transactions.

Transaction Fees
Transaction Fees are due for the services provided by PulsarMarketing.Com under this Agreement. Pulsar Marketing requires ADVERTISER's to remit a transaction fee higher than the ADVERTISER awards through any other marketing medium. This is to ensure that our marketing partners and their associated agents/affiliates receive a rate higher than by marketing the ADVERTISER through mediums other than Pulsar Marketing. Typically, Pulsar Marketing retains 20% of the fee YOU elect to pay per action, whether per-click, per-lead, per-sale, or per sale percentage, with a minimum Transaction Fee of five cents for per-click programs, and a minimum Transaction Fee of $1.00 for per-lead, per-sale and per-sale percentage programs. Transaction fees are deducted from YOUR account balance as YOU approve awarding each lead or sale.

Minimum Monthly Fees
No monthly minimum fees.

Initial Telephone Support
1 hour of technical integration/set-up phone support free (pro-rata at US$20 thereafter). Our system is easy to setup and can generally be performed within twenty minutes.

Penalty Fees
For each occurrence in which YOU reject; whether erroneously or with knowledge, a valid lead or sale which should have resulted in a Transaction Fee, YOU agree to remit a Penalty Fee of three times YOUR agreed transaction fee rate, per occurrence. A valid lead is constituted as an application in which the customer completed all applicable portions of YOUR customer application pursuant to their best knowledge, and said lead can be validated by name, address and phone number. This Penalty Fee is required to ensure the ADVERTISER carefully reviews each pending lead prior to rejecting and to ensure ADVERTISER integrity.

Bad Check Fee:
Any payment returned from our bank as "unpaid" or "NSF" will be subject to a $30.00 bad check fee, or 5% of the check value whichever is the greater, and the ADVERTISER's account will immediately be suspended without further notice until payment is received. Pulsar Marketing reserves the right; and the ADVERTISER agrees, that returned checks may result in the ADVERTISER having to maintain a higher account balance established by Pulsar Marketing. In addition to the $30.00 bad check fee, YOU agree to a $5.00 per day Late Payment Fee for each day YOUR payment is rendered late until YOUR payment is received in full.

3.2 PulsarMarketing.Com Services. The code provided by PulsarMarketing.Com that YOU are required to integrate into and maintain within YOUR form submission web site page(s) enables the tracking of critical information regarding Sales and Leads that result directly from Links placed by YOUR Affiliates through the Network Service. Failure to maintain the code on the appropriate page may result in immediate termination of YOUR account and forfeiture of any and all account balances. YOU and YOUR Affiliates shall be able to produce informational reports through the Network Service concerning sales and Leads debited to YOUR Account. In addition to tracking services and reporting capability, PulsarMarketing.Com shall provide to YOU the following support services:

a single, initial promotion of YOUR Program in the first PulsarMarketing.com Affiliate Newsletter that is published following YOUR Live Activation Date;
placement of YOUR Program in the Network Service Program Directory;
up to 1 hour of technical integration and set-up telephone support (one time only, not on a per month basis);
payment of Payouts to YOUR Affiliates using YOUR deposit funds;
tax form processing and mailing to YOUR Affiliates (Form 1099 or similar);
access for both YOU and YOUR Affiliates to on-line support service from PulsarMarketing.Com's email, and phone support is provided during the normal business operating hours of 9am-5pm, CST, excluding national and PulsarMarketing.Com recognized holidays.

3.3 Ad Serving; Tracking Code Maintenance. In order for PulsarMarketing.Com to record the tracking of Visitors' Transactions resulting from clicks on Links to YOUR Web site and/or Web site content through pixel tracking, OUR tracking code must be included in and maintained on YOUR web site page(s). Failure to maintain the code on the appropriate page(s) may result in immediate termination of YOUR account and forefeiture of any and all account balances. YOUR Links and all advertisements ("Ad Content") contained in YOUR Links must be in a Network Service compatible format, as such format may be established by PulsarMarketing.Com from time to time. YOU, YOUR Affiliates or an agent of YOURs may serve standard Ad Content. If YOU have any non-standard Ad Content or format, these must be served by YOU.

YOU are required to provide PulsarMarketing.Com with accurate, verifiable reporting on the number and amount of Visitor Transactions, or PulsarMarketing.Com shall determine (where possible) actual Payouts that should be credited to YOUR Affiliates Account, and alternatively apply an estimated amount of Payouts (as follows), during any non-functioning period of YOUR Links and/or the Tracking Code, where: (a) YOU or YOUR agent serve YOUR Ad Content, and/or (b) due to YOUR negligent or intentional act or omission during such non-functioning period. If under the preceding circumstances YOU are unable or YOU fail to provide PulsarMarketing.Com with the Transaction information, PulsarMarketing.Com shall calculate Payouts, and debit YOUR Account for such Payouts ("Estimated Payouts") based upon YOUR average "Earnings Per One Hundred Clicks" ("EPC") plus 15%. "EPC" is calculated by taking the total aggregate Payouts of YOUR Affiliates during the most recent 30 consecutive day period ("30 Day Period") divided by the number of Clicks generated on Links to YOUR Web site through the Network Service divided by 100, and then an additional 15% of such EPC added to the EPC per Estimated Payout. If there is not enough data for a 30 Day Period, PulsarMarketing.Com shall calculate Estimated Payouts, and debit YOUR Account for Estimated Payouts based upon an average EPC plus 15%, across the Network Service for all ADVERTISERs for the previous calendar month.

PulsarMarketing.com may deactivate YOUR Account for failure by YOU to remedy within one business day of email notification by PulsarMarketing.Com the improper functioning of Links to YOUR Web site and/or Web site content, due to Ad Content serving problems where serving is the responsibility of YOU or YOUR agent or Tracking Code problems attributable to YOU or YOUR agent. PulsarMarketing.Com may terminate this Agreement if YOUR Account is not reinstated due to YOUR refusal or inability to cure; within 24 hours, the improper functioning of Links to YOUR Web site and/or Web site content.

3.4 Payouts/Payout Rates. YOU shall establish through the Network Service a Payout rate for a qualifying Transaction for each of YOUR Campaigns. YOUR Account will be debited with each Payout and corresponding Transaction Fee in accordance with YOUR Campaign Payout rate for the relevant Campaign for each such Visitor action directly resulting from each of YOUR Affiliate's Web sites. Pulsary Marketing requires ADVERTISER's to remit a transaction fee higher than the ADVERTISER awards through any other marketing medium. This is to ensure that our marketing partners and their associated agents/affiliates receive a rate higher than by marketing the ADVERTISER through mediums other than Pulsar Marketing.

YOU may discontinue Campaigns or Programs, or decrease any Payout rate upon 7 business days written notice with effect from the 8th business day from such notice. PulsarMarketing.Com will send YOUR Affiliates a notice regarding each change in YOUR Payout rate(s) or Campaign or Program discontinuation.

3.5 Payment. Whenever YOUR Account balance is less than the Minimum Balance Amount, YOU must immediately remit a payment to PulsarMarketing.Com in an amount at least equal to any negative balance and an amount sufficient to restore YOUR Minimum Balance Amount. YOUR positive Account balance shall be applied towards Transaction Fees in the first instance and payment on YOUR behalf by PulsarMarketing.Com to YOUR Affiliates of Payouts. PulsarMarketing.Com is under no obligation to make payment to YOUR Affiliates of Payouts where there are insufficient funds in YOUR Account at the time that payment to all of YOUR Affiliates is due. YOUR Affiliates shall have a claim against YOU directly for non-payment of earned but unpaid Payouts that are unpaid because YOU have failed to make payment to PulsarMarketing.Com. YOU may make payments hereunder via check. YOUR Account will not reflect payment until the check has cleared and cash has been transferred to PulsarMarketing.Com's bank account. YOUR Account will not accrue interest. If YOUR Account has a negative balance, YOUR Account is subject to 1.5% interest per month, compounded monthly, and/or immediate suspension of YOUR account until YOU re-establish YOUR minimum account balance. YOUR Account may be deactivated without notice for non-payment. The number or amount of Transactions and clicks, credits for Payouts, and the charges for "Chargebacks" (as defined in Section 3.6), as calculated by PulsarMarketing.Com shall be final and binding on YOU.

Payment currency. All payments shall be made in US Dollars. YOUR Account balance shall appear in US Dollars.

Any questions (including disputes) regarding Payouts and/or payment should be directed to PulsarMarketing.Com Support Services. Support Services shall work with internal resources, such as finance, legal, and senior management, as necessary to answer YOUR questions.

3.6 Chargebacks. YOU may request PulsarMarketing.Com, or PulsarMarketing.Com may on its own initiative, credit YOUR Account with an amount equal to a Payout previously credited to one or more of YOUR Affiliates' Accounts in circumstances of a: product return; duplicate entry or other clear error; non-bona fide Transaction where there is no Affiliate failure to comply with the Affiliate Service Agreement or this Agreement; or, with respect to a sale, non-receipt of payment from, or refund of payment to, the Visitor by YOU ("Chargeback"). Chargebacks may be requested by YOU in accordance with the preceding sentence up to and including the 7th calendar day in which the Payout was earned ("Chargeback Period"). A Chargeback requested by YOU will be applied if, and only if, the request is made timely, PulsarMarketing.Com is able to verify that the Payout qualifies as a Chargeback and PulsarMarketing.Com is able to debit such amount from the relevant Affiliate's Account. PulsarMarketing.Com may apply at any time Chargebacks for non-bona fide Transactions in circumstances of Affiliate or Sub-Affiliate failure to comply with the Affiliate Service Agreement or this Agreement.

4.1 Proprietary Rights and Licenses. YOU grant to PulsarMarketing.Com a revocable, non-transferable, royalty free, international license to display on and distribute from PulsarMarketing.Com's Web site Links to YOUR Web site for YOUR Program(s), and all trademarks, service marks, tradenames, and/or copyrighted material ("Content") that YOU provide to PulsarMarketing.Com through the Network Service for the limited purposes of promoting YOUR Program to Affiliates and potential Affiliates, subject to the terms and conditions of this Agreement and the Affiliate's Affiliate Service Agreement. The rights to display and Link to YOUR Web site are sub-licensable by PulsarMarketing.Com to YOUR Affiliates and their sub-affiliates.

PulsarMarketing.Com and the sub-licensees shall not otherwise copy nor modify, in any way, any icons, buttons, banners, graphics files, or Content that YOU have made available through the Network Service pursuant to the foregoing license, except, with respect to PulsarMarketing.Com, as necessary to conform YOUR Links to a PulsarMarketing.Com compatible format. PulsarMarketing.Com and the sub-licensees may not remove or alter any copyright or trademark notices. If a Affiliate's sublicense is sub-licensable, such Affiliate's sub-licensee is subject to the preceding conditions.

PulsarMarketing.Com grants to YOU a revocable, non-transferable, royalty free, international sub-license to display on YOUR Web site YOUR Affiliates' Content that is provided to YOU through the Network Service, subject to the terms and conditions of this Agreement and each of YOUR Affiliate's Affiliate Service Agreement. YOU may not distribute and/or sublicense any of YOUR Affiliates Content unless authorized by each Affiliate's written permission. YOU shall not copy nor modify, in any way, any Content made available to YOU pursuant to the foregoing license, nor remove or alter any copyright or trademark notices. YOU agree that YOUR Use of any PulsarMarketing.Com Web site, and YOUR Use of any PulsarMarketing.Com logos, trademarks or Links is subject to the license and terms of Use that are available from such Web site ("Terms of Use"). Each party may make statements that it is doing business with the other and Use the other's logo with such statements.

4.2 No Challenge to Intellectual Property. PulsarMarketing.Com acknowledges that it obtains no proprietary rights in YOUR Content, and agrees not to challenge YOUR proprietary rights to the Content during the term of this Agreement. YOU acknowledge that YOU obtain no proprietary rights in PulsarMarketing.Com's Content, patents, and patent applications, and agree not to challenge PulsarMarketing.Com's proprietary rights in PulsarMarketing.Com's patents and patent applications, and, with respect to the Content during the term of this Agreement.

YOU acknowledge that YOU obtain no proprietary rights in each of YOUR Affiliates' Content, and agree not to challenge such Affiliate's proprietary rights to the Content until YOU have terminated the Affiliate from YOUR Program or the Affiliate has withdrawn from YOUR Program by removing all Links provided by YOU through the Network Service.

The licensees/sub-licensees agree that all goodwill arising as a result of the licensor's Intellectual Property shall inure to the benefit of the licensor, and that all non-licensed /or sublicense proprietary rights in the Intellectual Property remain with the licensor. Licensees/sub-licensees shall not adopt any names, trademarks, service marks or domain names that are confUSingly similar to, or in combination with any of licensor's tradenames, trademarks, service marks and/or domain names.

4.3 Terminating Licenses. YOU may terminate any sublicense and/or license under this Agreement immediately upon written notice to the sublicensee/licensee if YOU have reasonable concerns that the sublicensee/licensee is diluting, tarnishing or blurring the value of YOUR trademarks, service marks, and/or tradenames, and/or breach of YOUR other intellectual property rights. This Agreement may be terminated in whole or part if PulsarMarketing.Com has reasonable concerns that YOU are diluting, tarnishing or blurring the value of PulsarMarketing.Com's trademarks, service marks, and/or tradenames, and/or for breach of PulsarMarketing.Com's other intellectual property rights.

5.1 Privacy and Confidentiality. YOU or PulsarMarketing.Com may provide the other with information that is confidential and proprietary to that party or a third party, as is designated by the disclosing party ("Confidential Information"). The receiving party agrees to make commercially reasonable efforts, but in no case no less effort than it uses to protect its own Confidential Information, to maintain the confidentiality in order to protect any proprietary interests of the disclosing party. "Confidential Information" shall not include (even if designated by a party) information that is or becomes part of the public domain through no act or omission of the receiving party, or is lawfully received by the receiving party from a third party without restriction on Use or disclosure and without breach of this Agreement or any other agreement without knowledge by the receiving party of any breach of fiduciary duty, or that the receiving party had in its possession prior to the date of this Agreement.

The information that YOU supply to establish and maintain YOUR Account shall be YOUR Confidential Information, and YOU agree that PulsarMarketing.Com may provide YOUR e-mail address(es) and basic ADVERTISER Account detail (including but not limited to Web site name, date Web site first entered into operation, and visitor demographics) to Affiliates. YOU shall be responsible for all USage and activity on YOUR account and for loss, theft or unauthorized disclosure of YOUR password (other than through PulsarMarketing.Com's grossly negligent or willful conduct or omission). YOU shall provide PulsarMarketing.Com with prompt notification to PulsarMarketing.Com ADVERTISER services email, and through written notification to PulsarMarketing.Com as provided in Section 6.1 below, of any known or sUSpected unauthorized Use of YOUR Account or breach of the security of YOUR Account.

PulsarMarketing.Com's Privacy Policy that is accessible from the home page of www.PulsarMarketing.Com and may be amended from time to time by way of republication, is incorporated into this Agreement.

5.2 Collection and Use of Transaction Data. PulsarMarketing.Com does not collect information about YOUR Visitors' Transactions, other than what it receives through the installed tracking code. PulsarMarketing.Com reserves the right to be able to utilize this data, which may include information about YOUR performance statistics, to analyze Network Service trends, monitor Network Service efficiencies, maintain the integrity of the tracking code, promote Network Service capabilities and efficiencies, and promote YOUR Program capabilities and efficiencies to Affiliates. PulsarMarketing.Com may also disclose data regarding a Visitors' Transactions to the Affiliate that referred the Visitor to YOU for the performance of this Agreement and the Affiliate's Affiliate Service Agreement, and for the Affiliate's Use for rewards programs that the Visitor is a member of (on the condition that the Visitor has authorized release of such information to the Affiliate).

5.3 Collection and Confidentiality of Visitors' Personal Data. PulsarMarketing.Com promises not to disclose publicly, other than under compulsion of law, including subpoena, any personal or business information that can be linked specifically to any Visitors to YOUR Web site that result directly from Links on YOUR Affiliates' Web sites and subscription e-mail mailings, without the Visitor's express permission (which may be through membership to a Affiliate's subscription e-mail or Web site program), to the extent PulsarMarketing.Com collects any such information, including, but not limited to, the Visitor's name, e-mail address, phone number, or any other personal information.

5.4 YOU agree not to circumvent; nor attempt to circumvent, OUR marketing network by engaging in direct marketing negotiations with OUR Affiliate Marketing Partners while YOU retain an active account with US and for a period of six months following termination of YOUR account.

6.1 Term and Notices. This Agreement shall commence upon YOUR indication that YOU have accepted this Agreement by establishing an account via a Deposit of Funds into YOUR PulsarMarketing.Com ADVERTISER account, and, subject to Section 6.2, shall be in effect through one year following the date (known as the "Live Activation Date") in which YOU (i) have properly installed the PulsarMarketing.Com tracking code within YOUR Links, (ii) such Links to YOUR Web site or Web site content are accessible to YOUR Affiliates through the Network Service, and (iii) have made payment to PulsarMarketing.Com in the amount of fifteen hundred US dollars (US$1,500) per Program. Except as provided elsewhere herein, both parties must send all notices relating to this Agreement in writing via overnight mail (or international express mail by an internationally recognized courier): (a) to PulsarMarketing.Com at "Pulsar Marketing., Attn: Legal Department, 22272 Tootle Road, Gulfport, MS 39503, with a copy sent via facsimile to (228) 832-5553, and, (b) for YOU, at the address listed on YOUR Account. Notices shall be effective the earlier of the notified party's actual receipt (or refusal to accept to receipt), or five (5) days after the date of mailing.

6.2 Temporary Deactivation and Termination. Either party may terminate this Agreement if the other party breaches this Agreement and fails to cure such breach within 7 business days of email notification (or less as specified elsewhere in this Agreeement) from the non-breaching party of the existence and nature of the breach. Notwithstanding the preceding, PulsarMarketing.Com may terminate this Agreement immediately upon notice for YOUR breach of Section 1(d). After the initial Term, this Agreement shall automatically renew for additional one year Terms although either party may terminate this Agreement without cause (a) during a renewal Term, upon 7 days prior notice to the other party, or (b) notice of non-renewal 7 days prior to the end of a Term. Either party may terminate this Agreement immediately if PulsarMarketing.Com changes, modifies or amends this Agreement, in whole or in part, pursuant to Section 10.6 and YOU do not agree with any such change, modification or amendment. Notwithstanding the foregoing, PulsarMarketing.Com may: (i) immediately deactivate YOUR Account(s) if YOU breach Sections 1, 3.4, 3.5, 4 and 7, (ii) deactivate YOUR Account(s) if YOU breach Section 3.3 as set forth therein, and (iii) deactivate YOUR Account(s) for any other breach of this Agreement upon YOUR failure to cure such breach. If this Agreement is terminated for YOUR breach, YOU shall not be eligible to enter into a new click-on ADVERTISER service agreement with PulsarMarketing.Com, and any attempt to do so shall be null and void.

Upon termination of this Agreement, an outstanding debit balance shall be paid by YOU to PulsarMarketing.Com within 10 business days of the date of termination, and any outstanding credit balance shall be paid by PulsarMarketing.Com to YOU within 10 business days of termination of this Agreement, subject to amounts equivalent to pending Chargebacks (that shall be paid promptly if and when PulsarMarketing.Com has been able to recover such Chargeback amount from the relevant Affiliate). Upon termination of this Agreement, any license or sublicense granted to YOU or by YOU under this Agreement will terminate, and the licensee/sub-licensee must immediately destroy or delete all physical and electronic copies of the Intellectual Property and the Confidential Information, and cause all Links to PulsarMarketing.Com to be removed. PulsarMarketing.Com shall (a) inform YOUR Affiliates that YOUR Program(s) has ended (if terminated) or has been temporarily discontinued (in the case of deactivation), (b) stop distributing Links to YOUR Web site, and (c) request (or suggest, in circumstances of deactivation) that all Links placed by YOUR Affiliates to YOUR Web site be removed from such Affiliates' Web sites and/or subscription e-mail.

No remedy or election shall be exclUSive but shall, wherever possible, be cumulative with all other remedies at law or in equity.

6.3 Survival. The provisions of this Section and Sections 1, 3.5, 3.6, 5, 6.1, 6.2, 8.3, 8.4, 9, 10.3, 10.5, and 10.6 shall survive the termination of this Agreement.

7 Third Party Disputes. Should any third party or a Affiliate that is not a member of YOUR Program dispute a party's right to Use any Link, domain name, trademark, service mark, trade dress, or right to offer any service or good offered on a party's Web site, a party may, immediately upon notice, terminate this Agreement or, in the case of PulsarMarketing.Com, deactivate YOUR Account. A party's representations regarding the preceding may or may not be relied upon in the other party's decision whether to terminate this Agreement, or, in PulsarMarketing.Com's case, deactivate YOU.

8.1 Business Operations. Each party will make reasonable commercial efforts to keep its Web site operational. However, the parties agree it is normal to have a certain amount of system downtime and agree not to hold each other or YOUR Affiliates liable for any of the consequences of such interruptions.

8.2 Authority and Compliance with Laws. Each party represents and warrants to the other party as to itself that the person executing this Agreement is authorized to do so on such party's behalf. Each party is responsible for compliance with the applicable local laws in the jurisdiction from which it operates and represents and warrants such compliance. Each party represents and warrants that the party shall have all appropriate authority and rights to grant the licenses hereunder, and that to the party's knowledge the licenses, and in the case of PulsarMarketing.Com, the technology that PulsarMarketing.Com utilizes for the Network Service, do(es) not infringe a third party's (or the other party's) intellectual property rights.

8.3 Limitation of Liabilities. WITH THE EXCEPTION OF A PARTY'S INDEMNIFICATION OBLIGATIONS, ANY LIABILITY OF A PARTY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL OF YOUR PayoutS PAID AND PAYABLE TO YOUR Affiliates (IN THE AGGREGATE) BY PulsarMarketing.Com, ALL FEES PAID AND PAYABLE BY YOU TO PulsarMarketing.Com, AND INTEREST PAID AND PAYABLE BY YOU TO PulsarMarketing.Com DURING THE TERM OF THIS AGREEMENT. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY, OR ANY THIRD PARTY (INCLUDING BUT NOT LIMITED TO A CLAIM BY A Affiliate OR ADVERTISER OF THE NETWORK SERVICE), FOR ANY CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

8.4 Disclaimer of Warranties. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BOTH PARTIES DISCLAIM ALL WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) ADVERTISERABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (B) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (C) THAT A PARTY'S SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (D) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (E) AGAINST INTERFERENCE WITH ENJOYMENT OF A PARTY'S "INFORMATION" (WEB SITE). ALL 'INFORMATION' AND 'COMPUTER PROGRAMS' PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH THE USER.

8.5 Benefit of the Bargain. THE PROVISIONS OF THIS SECTION 8 ARE AN ESSENTIAL ELEMENT OF THE BENEFIT OF THE BARGAIN REFLECTED IN THIS AGREEMENT.

9 Indemnification. Each party ("indemnitor") shall defend, indemnify and hold the other party ("indemnitee") harmless against all claims, suits, costs, damages and judgments incurred, claimed or sUStained by third parties, including but not limited to Affiliates, for the indemnitor's breach of this Agreement and for claims of product liability and/or malpractice or misfeasance in the performance of services ("Claims"). Should any Claim give rise to a duty of indemnification under the provisions of this Agreement, then the indemnitee shall promptly notify the indemnitor, and the indemnitee shall be entitled, at its own expense, and upon reasonable notice to the indemnitor, to participate in, control the defense, compromise and to defend such Claim. The indemnitor may not settle any claim without the consent of the indemnitee, except upon terms and conditions offered or consented to by the indemnitee, which consent shall not be unreasonably withheld. Neither participation nor control in the defense shall waive or reduce any obligations to indemnify or hold harmless.

10.1 Headings and References. Headings of Sections are for the convenience of reference only. Words indicated in quotes and capitalized signify an abbreviation or defined term for indicated words or terms, including those definitions contained in the opening paragraph. The content in other Web sites specifically referenced in this Agreement, such as URLs, is incorporated by this reference as though fully stated in this Agreement.

10.2 Relationships of Parties/Third Party Rights. The relationships of the parties to this Agreement shall be solely that of independent contractors, and nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the business or dealings betWEen the parties shall be construed to make them joint venturers or partners with each other. Neither party shall do anything to suggest to third parties that the relationship betWEen the parties is anything other than that of independent contractor. Certain provisions of this Agreement are intended to benefit each Affiliate (also known as an "Affiliate") intended to benefit under each such Affiliate's Affiliate Service Agreement (also known as an "Affiliate Service Agreement"). YOU agree that YOUR rights under a Affiliate's Affiliate Service Agreement do not exceed the Affiliate's duties, as YOUR rights are limited by any defenses, claims and rights a Affiliate may have. YOU agree that YOUR consent is not necessary to modify any Affiliate Service Agreement.

10.3 Choice of Law/Attorneys Fees. This Agreement is governed by the laws of the State of Mississippi (USA), except for its conflict of law provisions. The exclUSive forum for any actions related to this Agreement shall be in the state courts in Gulfport, Mississippi, and, to the extent that federal courts have exclUSive jurisdiction, in Jackson, Mississippi. YOU consent to such venue and jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. A party that primarily prevails in an action brought under this Agreement is entitled to recover from the other party its reasonable attorneys fees and costs. PulsarMarketing.Com controls and operates its Web site from its offices in the U.S.A. and access or Use where illegal is prohibited.

10.4 Force Majeure. Neither party shall be liable by reason of any failure or delay in the performance of its obligations hereunder for any cause beyond the reasonable control of such party, including but not limited to electrical outages, failure of Internet service providers, riots, insurrection, war (or similar), fires, flood, earthquakes, explosions, and other acts of God.

10.5 Severability/Waiver. If any provision of this Agreement is held by any court of competent jurisdiction to be illegal, null or void or against public policy, the remaining provisions of this Agreement shall remain in full force and effect. The parties shall in good faith attempt to modify any invalidated provision to carry out the stated intentions in this Agreement. The waiver of any breach of any provision under this Agreement by any party shall not be deemed to be a waiver of any preceding or subsequent breach, nor shall any waiver constitute a continuing waiver.

10.6 Entire Agreement, Assignment and Amendment. This Agreement, including the Introduction, contains the entire understanding and agreement of the parties and there have been no promises, representations, agreements, warranties or undertakings by either of the parties, either oral or written, except as stated in this Agreement. Neither party may assign this Agreement without the prior express written permission of the other party. This Agreement may only be altered, amended or modified by an instrument that is assented to by each party to this Agreement by verifiable means, including without limitation by written instrument signed by the parties or through a "click through" acknowledgement of assent. Notwithstanding the foregoing, PulsarMarketing.Com shall have the right to change, modify or amend ("Change") this Agreement, in whole or in part (including without limitation the fees, charges and monthly minimums payable hereunder), by notifying YOU of such Change, by email, at least fourteen (14) days prior to the Effective Date of such Change; provided, hoWEver, that either party shall have the right to terminate this Agreement pursuant to Section 6.2 in event that YOU do not agree to such Change. YOUR Use of the Network Service is irrefutable acknowledgement by YOU that YOU have read, understood and agreed to each and every term and provision of this Agreement. PulsarMarketing.Com may establish from time to time rules and regulations regarding Use of the Network Service as published on the Network Service and such rules and regulations are incorporated herein.

Contact Information:
Pulsar Marketing
22272 Tootle Road
Gulfport, MS 39503
228-832-5553

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