Terms and Conditions

AT&T Business Affiliate Network Program Terms and Conditions

PLEASE READ THE TERMS AND CONDITIONS BELOW AND INDICATE YOUR AGREEMENT BY CLICKING ON THE "I AGREE" BUTTON AT THE END OF THE TERMS AND CONDITIONS. THIS PROGRAM IS NOT AVAILABLE TO EMPLOYEES OF AT&T AND IS NOT AVAILABLE TO WEBSITES OUTSIDE THE UNITED STATES OF AMERICA. YOUR CLICKING OF THE "I AGREE" BUTTON DOES NOT INDICATE AN AGREEMENT BY BROADBAND NATIONAL (ACTING IN AGREEMENT WITH AT&T OPERATIONS, INC). YOU AND BROADBAND NATIONAL WILL HAVE ENTERED INTO AN AGREEMENT ONLY IF AND WHEN YOU ARE PROVIDED WITH NOTICE THAT BROADBAND NATIONAL HAS ACCEPTED YOUR APPLICATION FOR THE AT&T BUSINESS AFFILIATE NETWORK PROGRAM (THE "AFFILIATE PROGRAM"). ANY SUCH AGREEMENT WILL BE SUBJECT TO THESE TERMS AND CONDITIONS. BROADBAND NATIONAL MAY CHOOSE TO REJECT YOUR APPLICATION FOR ANY REASON IN ITS SOLE DISCRETION. YOU MAY PRINT AND KEEP A COPY OF THESE TERMS AND CONDITIONS. Use the "Print" button on your browser to print this page.

1. Application for Enrollment - Please submit a completed AT&T Business Affiliate Network Program Application and Broadband National will evaluate your Application and notify you regarding acceptance or rejection. Broadband National may reject your Application if it determines that your site is unsuitable for the AT&T Business Affiliate Network Program for any reason in its sole discretion. If Broadband National rejects your Application, you may reapply at any time and Broadband National will consider the Application. You understand that by completing and submitting the AT&T Business Affiliate Network Program Application (the " Application") and by clicking on the "I AGREE" button at the end of these Terms and Conditions, you are requesting that Broadband National allow you access to download the AT&T link(s),banner(s), and other advertising on the page(s) of your web site specified in the Application, in its sole discretion (the " Links"). The terms " you", " your", " I" and " Applicant" refer to the person, corporation or other entity requesting that AT&T allows to place any Link(s) on its web site as part of AT&T 's AT&T Affiliate Network Program.

2. Agreement/Term of Agreement -  If and when, and only if and when, Broadband National provides you with notice that Broadband National has accepted your Application, you will have entered into a legal agreement with Broadband National that includes all of the Terms and Conditions herein and governs your participation in the AT&T Business Affiliate Network Program (the " Agreement"). The term of this Agreement begins upon Broadband National’s notice to you of its acceptance of your Application, and ends when terminated by either you or Broadband National in accordance with Section 11 (Termination) below.

3. Statement of Evaluation - You acknowledge that you have read and understand all of the Terms and Conditions. You agree that if and when your Application is accepted by BROADBAND NATIONAL, you will be bound by all these Terms and Conditions. You understand that BROADBAND NATIONAL may, at any time, directly or indirectly solicit referrals from users of information retrieval services on terms that differ from those contained in these Terms and Conditions, or who operate sites that are similar to or compete with your site(s).

4. Link Content -  If BROADBAND NATIONAL accepts your Application, (a) BROADBAND NATIONAL will provide you with access to the AT&T link(s), banner(s), and other advertising design option(s) (" Link Content).

5. Limited Link License -  In the event that Broadband National accepts your Application, you shall be granted a revocable, limited, non-exclusive, non-transferable right and license, without the right to sublicense, to (a) establish the Link(s) described above (from the page(s) or your web site specified in your Application to the page(s) of the AT&T Business Affiliate Network web site designated by AT&T in its sole discretion), and (b) use and display the Link Content described above, only as establishing the Link(s) to allow users of the page(s) or your web site specified in your Application to click-through to the page(s) of the AT&T Business Affiliate Network web site designated by Broadband National in its sole discretion. You may not use any design, test or other content other than the Link Content in connections with any Link(s) to the AT&T Business Affiliate Network web site. You may not use the Link Content in any manner except in connection with establishing the Link(s) hereunder. You may not modify the Link Content or any logos or images or other portions of the Link Content. You may not link to the AT&T Business Affiliate Network web site from any page of your web site other than the page(s) designated by Broadband National in its sole discretion for the Link Content option(s) you choose. You may not place any links to the AT&T Business Affiliate Network web site on any web page containing material which is (or promoting activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g. underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing. AT&T , through its agreement with Broadband National reserved and retains all rights in and to all Link Content, the AT&T Business Affiliate Network web site (and all modifications thereto), and any and all images, trade names, trademarks, domain names and other intellectual property rights of AT&T (" AT&T  IP"). Except as specifically set forth in this Section 5 (Limited Link License), nothing in this Agreement shall be construed as granting you any license or right to use AT&T IP. You shall not use any trademark, trade name, or service mark identical with or confusingly similar to the AT&T IP except as expressly permitted by this Agreement. You hereby agree that your site will not in any way copy or resemble the look and feel of the AT&T Business Affiliate Network web site nor will you create the impression that your site is a part of the  AT&T Business Affiliate Network web site or is an AT&T -owned or operated web site. You agree that any and all uses of the AT&T IP shall inure to the benefit of AT&T . Additionally, you agree not to use or display AT&T 's third party service provider Broadband National, Inc. ( “Broadband National”) images, trade names, trademarks, domain names or otherwise infringe Broadband National’s intellectual property rights.

6. Orders -  You acknowledge that you shall not in any way be involved in or be a party to any transaction between any customer and AT&T . All aspects of such orders including, but not limited to, receipt of customer information, purchase terms, payment terms, warranties, maintenance, installation and delivery are solely between customer and AT&T .

7. Payment Only Products that are (a) sold by AT&T , (b) purchased by customers (other than you or your affiliates or any third party acting on your behalf or under your control) via a web order online by linking to a BROADBAND NATIONAL web site from your site using a Link (" Linked Users"), and (c) for which order has been activated and registered, will qualify for a commission (each a " Qualifying Transaction"). BROADBAND NATIONAL will pay you a commission in the following amounts for the following types of Qualifying Transactions: AT&T Yahoo! High Speed Internet Business Edition - $50.00 and Local Phone Service referrals - $25.00 You understand and agree that BROADBAND NATIONAL pays Affiliate commissions on a monthly basis based only on Qualifying Transactions. Within 45 days or a reasonable time after the end of each calendar month, BROADBAND NATIONAL will send you a check for the amount earned during that month, less any taxes that BROADBAND NATIONAL may be required to withhold. However, if the amount you earned during any calendar month is less than $50, then BROADBAND NATIONAL will hold that payment until payment is due for the month in which the total amount due is at least $50. If this Agreement is terminated earlier than such date, BROADBAND NATIONAL will pay you the amounts you earned before the date of termination, within 45 days or a reasonable time after the date of termination. You understand and agree that, in the event that a Qualifying Transaction is cancelled by a customer or AT&T within 90 days of acceptance by AT&T, or in the event of cancellations due to customer returns for credit, bad debts or refunds, BROADBAND NATIONAL may charge you for any commission that has been paid on the cancelled Qualifying Transaction. Such charge (a " Charge Back") may be deducted from the commission payment to be paid by BROADBAND NATIONAL following the cancellation or may be separately invoiced to Affiliate, at BROADBAND NATIONAL's sole discretion. If BROADBAND NATIONAL's records show activity from the Link(s) on your site that BROADBAND NATIONAL determines is inconsistent, or is otherwise unusual or unlawful, then BROADBAND NATIONAL reserves the right to withhold payment for a reasonable time pending an investigation of that activity by BROADBAND NATIONAL and resolution of the dispute (if any).

8. Reporting BROADBAND NATIONAL, will give you a password that will enable you to enter a password-protected site or area of a site communicated to you by BROADBAND NATIONAL You may use the password to log in to that site and to access information about the AT&T Business Affiliate Network Program and access customer click-through and Qualifying Transaction information (all such information referred to here as " Information"). BROADBAND NATIONAL will own all right, title and interest in and to all Information. Failure to remain an Affiliate will result in your loss of access and right to view such Information and to receive related reports that may be generated for you as an Affiliate (the " Service"). You will not disclose or permit the disclosure of any Information to any third party without prior written consent. You will not use or permit any third party to use any Information or such reports (i) to track, compile or aggregate any Information by individual transaction, or (ii) in a manner that uniquely identifies individual Affiliate-driven visitors or individual transactions. If you receive any customer information, you will only use such information for the purposes of AT&T Business Affiliate Network Program in forwarding orders to BROADBAND NATIONAL for processing pursuant to the requirements of this agreement. You agree not to use any of the Information provided in any Affiliate report to identify unique individual transaction activity without the express written consent of the affected individual. At any time and in BROADBAND NATIONAL's sole discretion, BROADBAND NATIONAL reserves the right to modify, suspend or discontinue providing all or any portion of the Information and/or Service, provided that, in the event BROADBAND NATIONAL discontinues access to the Information or providing the Service in its entirety, BROADBAND NATIONAL shall exercise reasonable efforts to provide notice to Affiliate of such discontinuation. BROADBAND NATIONAL will not be responsible for paying commissions to Affiliate in the event that Affiliate alters or modifies the Link Content in any way.

9. Publicity -  You may not create, publish or distribute any items that reference AT&T.com or make any representations regarding a relationship with AT&T or any of its affiliated or successor companies without first submitting those items to BROADBAND NATIONAL and receiving BROADBAND NATIONAL's written consent.

10. Obligations Regarding Your Site -  You are solely responsible for the development, operation, technical support and maintenance of your site and for all materials and content that appear on your site. BROADBAND NATIONAL will not be responsible for any of the foregoing. You agree to indemnify, defend and hold BROADBAND NATIONAL and AT&T harmless from any and all damages, claims, fees (including attorneys' fees) and expenses relating to the development, operation or maintenance of your site, including content not attributable to the AT&T Business Affiliate Network web site.

11. Termination -  Either you or BROADBAND NATIONAL 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 BROADBAND NATIONAL), you must remove the Link Content, deactivate any links to the AT&T Business Affiliate Network web site, remove any other copies of AT&T IP from your site and must destroy or erase from computer memory any items you might have that contain the AT&T service mark, other AT&T trademarks, or any other AT&T IP.

12. Notice -  Except as otherwise expressly provided herein, all notices under this Agreement shall be in writing and deemed to be given (a) on the delivery date if delivered personally or by e-mail, or (b) 3 days after being mailed by certified mail, postage prepaid, return receipt requested, to the other Party (or permitted successors or assigns) at the following addresses (either party may change their address (including without limitation, their e-mail address) for purposes of this section by providing written notice to the other party): Notice to Applicant Applicant's physical address/e-mail address set forth in the Applicant's Application, which is incorporated by reference herein.

Notice to BROADBAND NATIONAL:

2770 Indian River Blvd.
Suite 501
Vero Beach, FL 32967

13. Modifications BROADBAND NATIONAL may modify any of the Terms and Conditions contained in this Agreement upon notice to you via e-mail. BROADBAND NATIONAL will post any such modified Terms and Conditions on the AT&T Business Affiliate Network web site and on the site from which you retrieve the reports made available by BROADBAND NATIONAL. If a modification is unacceptable, you may terminate this Agreement by giving notice of termination to BROADBAND NATIONAL and following the procedures in Section 11 (Termination). If you do not give BROADBAND NATIONAL notice and continue to display the Link(s) on your site, then you will be considered to have accepted the modifications. top

14. Relationship of the Parties -  You and BROADBAND NATIONAL are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and BROADBAND NATIONAL or AT&T . You understand that you do not have authority to make or accept any offers or make any representation on behalf of BROADBAND NATIONAL or AT&T . You may not make any statement, whether on your site or otherwise, that would contradict anything in these sections. You specifically acknowledge that you are not eligible to participate in any benefit plans of BROADBAND NATIONAL, AT&T or their affiliates.

15. Confidentiality -  During the term of this Agreement, you may have access to certain non-public information of AT&T or BroadBand National, which information a reasonable person would consider confidential or which is marked as "confidential" or "proprietary" by AT&T or BroadBand National with regard to their respective companies (" Confidential Information"). Confidential Information includes information referred to in section 8 (Reporting). Confidential Information does not include information that is generally known and available, or in the public domain through no fault of ours. 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.

16. FlexTrack -  If you are provided access, in BROADBAND NATIONAL's sole discretion, to BroadBand National sponsored transaction tracking system ("IBIS 3.0") at any time during the term of this Agreement, you agree: not to use any of the information provided via IBIS to identify unique individual customer activity conducted by AT&T or BroadBand National, nor to allow others to use the technology to identify such unique customer activity, nor to access such unique customer activity or data. You further agree not to transfer, reuse, release, or otherwise transfer any data generated by IBIS. All such information is Confidential Information under the terms of this Agreement.

17. Warranties -  BROADBAND NATIONAL makes no express or implied warranties with respect to the subject matter of this Agreement, or the AT&T Business Affiliate Network Program, the AT&T Business Affiliate Network web site, the Link(s), the Link Content, or AT&T products, and BROADBAND NATIONAL hereby disclaims all implied warranties, including but not limited to implied warranties or merchantability and fitness for a particular purpose. You understand that the operation of the Links may not be uninterrupted or error free, and that the search results obtained through use of the services on the AT&T Business Affiliate Network web site may have errors or omissions, and that the Link(s) and Link Content are provided on an "AS IS" and "AS AVAILABLE" basis. You agree that BROADBAND NATIONAL will not be liable for any interruptions or errors in using the Links or the Link Content, or errors or omissions in the search results obtained through use of the services on the AT&T Business Affiliate Network web site. You understand and agree that the use of the term "AT&T Business Affiliate" in the AT&T Business Affiliate Network Application and, these Terms and Conditions and the AT&T Business Affiliate Network Program is not intended to represent (and in no way renders) you or any legal entity or entities you to own or operate as an affiliate of BROADBAND NATIONAL and/or AT&T under the U.S. Investment Company Act or the regulations of the U.S. Securities and Exchange Commission. The provisions of this Section survive termination or expiration of the Agreement.

18. Limitation of Liability -  BROADBAND NATIONAL AND AT&T 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 THE AT&T BUSINESS AFFILIATE NETWORK PROGRAM, EVEN IF BROADBAND NATIONAL OR AT&T HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, BROADBAND NATIONAL AND AT&T 'S AGGREGATE LIABILITY ARISING WITH RESPECT TO 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.

19. Miscellaneous Provisions -  THIS AGREEMENT WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAW OF THE STATE OF TEXAS AND THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. This is the entire Agreement between you and BROADBAND NATIONAL with respect to the AT&T Business Affiliate Network Program. Except as specifically set forth in Section 13 (Modifications) and Section 5 (Limited Link License), 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 BROADBAND NATIONAL'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. BROADBAND NATIONAL 's failure to enforce your strict performance of any provisions of this Agreement will not constitute a waiver of BROADBAND NATIONAL 's right to subsequently enforce that provision, or any other provisions of this Agreement. In the event that any of the provisions of this Agreement are held to be unenforceable by a court or arbitrator, the remaining provisions of the Agreement will remain in full force and effect. The provisions of this Section survive termination or expiration of the Agreement.

20. Authority -  The person clicking the "I AGREE" or similar button on behalf of the Applicant hereby represents, warrants and certifies that (1) he or she is the Applicant, or that he or she has been lawfully authorized to be bound by these Terms and Conditions (and any Agreement formed by BROADBAND NATIONAL 's acceptance of Applicant's Application as set for the herein) on behalf of the Applicant, and (2) he or she has adequate legal capacity to agree to be bound by these Terms and Conditions (and any Agreement formed by BROADBAND NATIONAL 's acceptance of Applicant's Application as set forth herein). BY CLICKING THE "I AGREE" BUTTON BELOW, I REPRESENT AND WARRANT THAT I HAVE READ AND UNDERSTAND THE FOREGOING AT&T BUSINESS AFFILIATE NETWORK PROGRAM TERMS AND CONDITIONS, AND AGREE TO BE BOUND BY SUCH TERMS AND CONDITIONS AND ANY AGREEMENT FORMED BY BROADBAND NATIONAL 'S ACCEPTANCE OF APPLICANT'S APPLICATION AS SET FORTH HEREIN.