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1. Agreement

By completing and sending in the accompanying Program registration form, you are entering into a legal agreement with devWire.com, which contains all of the terms and conditions below and governs your participation in devWire.com's Affiliate Program.

2. Statement of Investigation

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You understand that devWire.com may, at any time (directly or indirectly) solicit referrals for users of information retrieval services on terms that differ from those contained in this Agreement, or operate sites that are similar to or compete with your site. You acknowledge that you independently have evaluated the desirability of participating in devWire.com's Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

3. Enrollment in devWire.com's Affiliate Program

To begin the enrollment process, you must submit a complete Affiliate Program application via the VBWire site at http://vbwire.com/join.asp. devWire.com will evaluate your application in good faith and will notify you in a timely manner regarding acceptance or rejection. devWire.com may reject your application if it determines (at its sole discretion) that your site is unsuitable for devWire.com's Affiliate Program for any reason. If devWire.com rejects your application, you may reapply at any time, and devWire.com will reconsider the application.

4. Definitions

The following capitalized terms have the meanings set forth below:

DEVWIRE.COM SITE: means any Web site hosted by devWire.com that devWire.com selects to participate in the Affiliate Program. As of the date of this Agreement, devWire.com hosts the Web sites at the following URLs: www.aspwire.com, www.pocketpcwire.com, www.disneywire.com, www.sqlwire.com, and www.vbwire.com. devWire.com may add or delete sites from this list at any time, without notice.

LINK: means a selectable URL associated with a text, graphic, search field, or other information object located on your site.

CLICK-THROUGH: occurs when an individual user selects and "clicks on" a Link on your site and is taken to a devWire.com Site.

5. Provision of the devWire.com Links

devWire.com will provide to you Links that you may place on your site and through which users of your site may access and use a designated devWire.com Site. You may display any of the Links you choose, in any of the formats provided by devWire.com, on any or as many areas or pages of your site as you wish. You may not reformat or otherwise change the Links without the prior written consent of devWire.com. In addition, any use of the Links is subject to devWire.com's Linking and Trademark Guidelines, which appear as an Appendix at the end of this Agreement (as the same may be modified by devWire.com in its sole discretion). devWire.com may modify the Linking and Trademark Guidelines from time to time, and will take commercially reasonable steps to notify you of the modifications.

6. Publicity

You may not create, publish, or distribute any items that reference devWire.com without first submitting those items to devWire.com and receiving devWire.com's written consent. devWire.com will not unreasonably withhold its consent.

7. Limited Licenses

devWire.com grants to you a nonexclusive right to use the devWire.com Links and such other phrases, logos, names, trademarks, service marks, and images (collectively, the "Trademarks") for which devWire.com grants express permission, solely on your site, for the purpose of providing the services described in Section 5 (Provision of the devWire.com Links). You may not modify a Link or any other text or images supplied by devWire.com in connection with the Affiliate Program. Before using the Trademarks other than on your site in accordance with this Agreement, you must have any materials on which the Trademarks appears approved by devWire.com. In addition, any use of the Trademarks is subject to devWire.com's Linking and Trademark Guidelines, which appear as an Appendix at the end of this Agreement (as the same may be modified by devWire.com in its sole discretion). devWire.com may modify the Linking and Trademark Guidelines from time to time, and will take commercially reasonable steps to notify you of the modifications. devWire.com reserves all rights in and to the Links, the Trademarks, and any other intellectual property rights that devWire.com provides, licenses, or uses.

8. Obligations Regarding Your Site

You are solely responsible for the development, operation, and maintenance of your site and for all materials and content that appear on your site. devWire.com will not be responsible for any of the foregoing. You agree to indemnify and hold devWire.com harmless from all damages, claims, fees (including attorneys' fees), and expenses relating to the development, operation, or maintenance of your site, including content not attributable to devWire.com.

9. Term of the Agreement

The term of this Agreement begins upon devWire.com's acceptance of your application for the Affiliate Program, and ends when terminated by either party. Either you or devWire.com may terminate this Agreement at any time, for any reason or no reason, by giving the other party written notice of termination. Within 24 hours after termination (whether by you or devWire.com), you must remove the devWire.com Links and any copies of the devWire.com Trademark from your site and must destroy or erase from computer memory any items you might have that contain the devWire.com Trademark.

10. Modification

devWire.com may modify any of the terms and conditions contained in this Agreement, and will take commercially reasonable steps to notify you of the modification. devWire.com will attempt to notify you via email, and a change notice will be posted on the devWire.com site and on the site from which you retrieve information made available by devWire.com. If a modification is unacceptable, you may terminate this Agreement by giving notice of termination to devWire.com and following the procedures in Section 9 (Term of Agreement). If you do not give devWire.com notice within a reasonable time and continue to display the Links on your site, then you will be deemed to have accepted the modifications.

11. Relationship of the Parties

You and devWire.com are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and devWire.com. You understand that you do not have authority to make or accept any offers or make any representations on behalf of devWire.com. You may not make any statement, whether on your site or otherwise, that would contradict anything in this section.

12. Confidentiality

During the term of this Agreement, you may have access to certain nonpublic information of devWire.com, which information a reasonable person would consider confidential or which is marked as "confidential" or "proprietary" by devWire.com ("Confidential Information"). Confidential Information does not include information that is generally known and available, or in the public domain through no fault of yours. You agree (i) not to disclose any Confidential Information to any third parties, (ii) not to use any Confidential Information for any purposes except carrying out your rights and responsibilities under this Agreement, and (iii) to keep the Confidential Information confidential using the same degree of care you use to protect your own confidential information, as long as you use at least reasonable care. These obligations survive for 3 years after termination of the Agreement.

13. Disclaimers

EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, DEVWIRE.COM MAKES NO, AND EXPRESSLY DISCLAIMS ANY, REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AFFILIATE PROGRAM, THE LINKS, TRADEMARKS, AND ANY OTHER SERVICE PROVIDED BY DEVWIRE.COM HEREUNDER, AND ANY OTHER SERVICE, CONTENT, TOOLS, OR RELATED DOCUMENTS OR MATERIALS (IN ELECTRONIC FORM OR OTHERWISE) PROVIDED HEREUNDER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM A COURSE OF DEALING OR COURSE OF PERFORMANCE. EXCEPT AS EXPRESSLY SET FORTH IN THE AGREEMENT, DEVWIRE.COM EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE, AVAILABILITY, FUNCTIONALITY, OR ANY OTHER ASPECT OF ANY DEVWIRE.COM SITE. You understand that the operation and/or use of the Links or the devWire.com Sites may not be uninterrupted or error free, and that the news headlines obtained through use of the Links may have errors or omissions. You agree that devWire.com will not be liable for any interruptions or errors in using the Links. The provisions of this Section survive termination or expiration of the Agreement.

14. Limitation of Liability

DEVWIRE.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR DEVWIRE.COM'S AFFILIATE PROGRAM, EVEN IF DEVWIRE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LOSS OF DATA OR LOSS OR INTERRUPTION OF SERVICES OR COMMUNICATIONS. FURTHER, DEVWIRE.COM'S AGGREGATE LIABILITY ARISING UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE TOTAL COMMISSION FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION SURVIVE TERMINATION OR EXPIRATION OF THE AGREEMENT.

15. Miscellaneous Provisions

THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF CALIFORNIA AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. This is the entire Agreement between you and devWire.com with respect to the devWire.com Affiliate Program. Except as specifically set forth in Section 10 (Modification) and Section 7 (Limited Licenses), any modification to this Agreement must be in writing and signed by both parties. You may not assign this Agreement, by operation or law or otherwise, without devWire.com's prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. devWire.com's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of devWire.com's right to subsequently enforce those provisions, or any other provisions of this Agreement. The provisions of this Section survive termination or expiration of the Agreement.

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