The terms and conditions set forth herein constitute the full and complete agreement between you (Reseller) and Newrise Corp. (doing business as and hereinafter referred to as "FaxForBusiness.com") with respect to your participation in the FaxForBusiness.com Reseller Program. The terms contained herein supercede and replace any other agreement or negotiation between you and FaxForBusiness.com whether oral, written or otherwise including any statements made by any representative of FaxForBusiness.com at any time. This agreement is effective and binding upon your acceptance of this agreement as indicated by you clicking the designated checkbox below and submitting a digital signature. You further agree that your continued use of this service constitutes your immediate acceptance of any changes, alterations, updates and/or amendments to this agreement.

1. "CUSTOMER INFORMATION" - The name, mailing address, telephone number and valid email address of each customer.
2. "RESELLER PORTAL" - The web page from which your reseller account is managed.
3. "RESELLER WEBSITE" - The web page from which the public can purchase fax to email accounts.
4. "FAXFORBUSINESS.COM" - Newrise Corp. dba FaxForBusiness.com
5. "RESELLER CUSTOMER COMMUNICATION" - A communication issued by FaxForBusiness.com to be distributed to your customers.
6. "RESELLER", "AFFILIATE" AND "YOU" - You and/or your company, employees, agents and representatives.

1. Reseller Eligibility. By submitting your application for a FaxForBusiness.com Reseller account you hereby certify that you are eligible to hold such account. Specifically eligibility requires the following:
1.1 You must be either a person or a corporation, partnership, limited liability company or other formal legal entity existing under the laws of your local jurisdiction and enter into this agreement in that capacity. If you are an individual, you must be over the age of 18 by the date that you agree to the terms stated herein.
1.2 You may be a participant in the FaxForBusiness.com affiliate program and remain eligible for a reseller account. However, as to any referrals to FaxForBusiness.com, you will not be eligible to receive any commission.
1.3 You must have and maintain resources including but not limited to equipment and staff sufficient to allow you to comply with each of the terms set forth herein to the prevailing standard in the industry including but not limited to sales and customer account maintenance.

2.1 Upon acceptance as a FaxForBusiness.com reseller and subject to the terms set forth herein, you are hereby granted a limited, nonexclusive, nontransferable, revocable license to resell fax to email accounts under the FaxForBusiness.com reseller pricing structure for the sole purposes of reselling such services. The accounts available for sale and the reseller pricing structure are subject to change. The FaxForBusiness.com plans that are available for resale at any given time are those available at that time from the Reseller Portal. The nature and pricing of the FaxForBusiness.com reseller accounts are subject to change and any changes are effective immediately upon being made available on the Reseller Portal.
2.2 Upon acceptance as a FaxForBusiness.com reseller and subject to the terms set forth herein, you are hereby granted a limited, nonexclusive, nontransferable, revocable license to resell FaxForBusiness.com Fax to Email plans according to the terms set forth herein.
2.3 The FaxForBusiness.com plans available for resale are subject to change at any time. This shall include but shall not be limited to the type, nature, size, bandwidth, specifications, services included, and pricing.
2.4 You will at all times maintain the confidentiality of your username and password and agree not to disclose this information to any third party. You assume all responsibility for any actions taken by any person via the use of your username and password combination.
2.5 As to your customer accounts you will be solely responsible for all account services including but not limited to account maintenance, account management, administration and upkeep.
2.6 You agree at all times to comply with all International, Federal, State and local laws including those related to content, copyright, and trademark including but not limited to the DMCA.
2.7 It is your obligation to keep up to date as to the products and services including the product specifications as to FaxForBusiness.com plans available for resale.
2.8 You shall at all times during the course of this agreement use your best efforts to market, promote and sell the FaxForBusiness.com plans. You shall take no action which would cast in a bad light or otherwise harm the FaxForBusiness.com name, brand, servers, equipment or reputation.
2.9 You shall maintain at all times accurate contact information including name, mailing address, telephone number and email address within the Reseller Portal which may be used for audit or any other purpose.

3.1 Upon acceptance as a FaxForBusiness.com reseller and subject to the terms set forth herein FaxForBusiness.com will provide you with a reseller account. Once you have a reseller account, fax to email accounts can be purchased by the public on the Reseller Website according to the terms available at the time of purchase.
3.2 Limited customer service will be offered to you for the administration of your Reseller account.
3.3 FaxForBusiness.com will provide the server space and server administration for your reseller and customer accounts. FaxForBusiness.com will not provide any other services to your customers including but not limited to any of the following: sales, account management or upkeep.
3.4 All customer support issues will be handled by FaxForBusiness.com on a best effort basis, without any guarantee of service level. FaxForBusiness.com will do its best to handle all support inquiries in a timely manner.
3.5 FaxForBusiness.com from time to time shall transmit information designated Reseller Customer Communication to your customers.
3.6 FaxForBusiness.com will handle all credit card billing under the FaxForBusiness.com brand.

4.1 There are no service fees charged by FaxForBusiness.com for maintaining a reseller account. There is a setup fee which may be waived depending on any promotion that may be available at the time the account is setup.
4.2 FaxForBusiness.com specifically reserves the right to institute, change, and/or increase any such fees at any time without notice. FaxForBusiness.com further reserves the right to add additional features, limitations, restrictions or remove such features, limitations or restrictions without advance notice to you. FaxForBusiness.com reserves the right to institute additional or different fees for new services or to charge for services presently included. Any such changes become effective immediately without advance notice by including them in the Reseller Portal.

5.1 Payment by Credit Card
5.1.1. Prior to activation of each of your customer accounts, the customers credit card will be charged for the total amount of the account type selected based upon the reseller plan chosen within the Reseller Portal. 5.1.2. The credit card charge will appear on your customers statement as CC-Payments.com, a white label billing solution.
5.1.3. Depending on the service term selected by the customer, their credit card will automatically be charged on the selected intervals based upon their selected plan.
5.1.4. Refusal or rejection of any such charge or any portion thereof is grounds for suspension and/or termination of your resale account and/or your customer accounts at the sole option of FaxForBusiness.com.
5.3 Refunds. There are no refunds of any kind for your customer accounts. Notwithstanding the forgoing, FaxForBusiness.com reserves the right to make a refund of any fee paid at any time without waiving its right not to issue such refund at any time. Such right shall be exercised by FaxForBusiness.com and within its sole discretion.
5.4 Chargebacks. You will be responsible for any chargebacks received, at any time, for your customer accounts. The full amount of the chargeback plus any service fees will be deducted from your commission earnings balance. This balance can be viewed within the Reseller Portal. You will be notified of such chargebacks.

6.1 As a FaxForBusiness.com reseller you are free to select from the available reseller plans on the Reseller Portal.

7.1 Reseller Branding. You may brand your Reseller Website as you wish within the parameters of the FaxForBusiness.com branding capabilities, except that you agree not to infringe upon the rights of any third party in doing so. You further agree that you will indemnify and hold FaxForBusiness.com harmless of and from any claim, action or other demand for damages including but not limited to attorneys fees and costs of any kind including expert witnesses fees which are in any way related to your marketing, branding, advertising, publicizing or sale of your customer accounts.

8.1 Acceptable Use Policy.
8.1.1. Any sale from the Reseller Website will be bound by the FaxForBusiness.com Terms of Service and Acceptable Use Policy located in the FaxForBusiness.com Legal portion of the website. This is intended to stand as a minimum Acceptable Use Policy.
8.1.2. You agree to keep informed as to changes in the FaxForBusiness.com Terms of Service and the Acceptable Use Policy.

9.1. You will be eligible to receieve commission on new customer accounts and recurring commission on existing customer accounts. These customer accounts must be in good standing.
9.2. As your reseller account accrues commissions, you can track your commission inside the Reseller Portal.
9.3. The commission value must exceed $250 in value and must undergo a minimum settling period prior to being withdrawn.
9.4. The current settling period is 90 calender days.
9.5. A check will be mailed within 30 days of any request to withdrawal commission earnings.
9.6. A check will automatically be mailed if your commission earnings exceeds $1000.
9.7. Checks will be mailed to the mailing address provided within the Reseller Portal.
9.8. Any chargebacks received after a commission payment has been sent will be deducted from the existing commission earnings balance.

10.1 Suspension - At the sole option of FaxForBusiness.com for any reason set forth herein or in the event that you breach any term of this agreement, FaxForBusiness.com may suspend your account by deactivating any access by you to your reseller account and/or access by web users to any information contained on the FaxForBusiness.com servers related to your reseller account including your customer accounts while maintaining the information and data related to your account and your customer's accounts upon the FaxForBusiness.com servers for a reasonable period of time. Suspension may specifically include the disabling of your reseller account, any fax to email accounts, your customer accounts and/or any access to information or data related thereto. In the event of any such suspension, subject to paragraph 10.4, you may be notified and may be given an opportunity to correct such breach. If notified and/or given an opportunity to correct such breach, and such breach is not corrected within ten (10) days the account may be terminated under paragraph 10.2. Service charges will continue to accrue on suspended accounts as if they were not suspended. You will remain responsible for the payment of any such charges during any such period of suspension.
10.2 Termination - This agreement and all of its terms shall remain in full force and effect until it is terminated. Termination may include the removal of any and all of your information from the FaxForBusiness.com servers. Such information or data may or may not be made available to you by FaxForBusiness.com after any such termination. This agreement may be terminated (a) at FaxForBusiness.com's sole discretion after a period of suspension as set forth in paragraph 10.1 or (b) by either party upon 15 days notice.
10.2.1. Upon any termination of this agreement, any customer accounts initially established by you under your FaxForBusiness.com resale account under this agreement shall at the time of such termination become the sole and exclusive property of FaxForBusiness.com. FaxForBusiness.com shall have the right but shall not have any obligation to provide and or continue to provide fax to email services to such customers. Nothing contained in this paragraph shall reduce or otherwise affect the Rights of FaxForBusiness.com under this agreement including but not limited to the right to recover any and all reseller fees under this agreement.
10.3 In the event of termination under paragraph 10.2(a) there will be no refund provided to you of any reseller or other fee. In addition, FaxForBusiness.com may charge you an additional early termination fee not to exceed $100.00 at its sole option. The assessment of this early termination fee shall not affect the rights of FaxForBusiness.com to recover from you losses, damages, indemnity, defense costs, expert costs, collection costs and/or attorney's fees or other costs of any kind as may be applicable under this agreement or otherwise under Florida Law.
10.4 A correct DNS (Domain Name Service) configuration is a requirement to providing functional service to customer accounts. It is considered a breach if your reseller domain name lapses, expires or changes ownership without maintaining a correct DNS configuration. FaxForBusiness.com reserves the right to waive any notification or provide an opportunity to correct such breach, and the account may be terminated under paragraph 10.2.

11.1 It is understood and agreed that during the term of this agreement and thereafter you may come into possession of information which is the confidential and proprietary information of FaxForBusiness.com including but not limited to the FaxForBusiness.com reseller service tools, customer service tools and maintenance tools. You acknowledge that all right and title to any such FaxForBusiness.com intellectual property shall remain the sole property of FaxForBusiness.com and that you have no right, title or interest therein. You further agree not to provide access to the FaxForBusiness.com reseller services to any third party. You agree that you will not yourself and you agree that you will not to assist any third party in any way to translate, decompile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the FaxForBusiness.com Reseller Service or any other aspect of the FaxForBusiness.com Fax to Email or other services. Any and all right or title to any engineering, coding, programming or customer service work around or other modification of the FaxForBusiness.com service shall also remain the sole property or FaxForBusiness.com.
11.2 During the term of this agreement you may have access to certain information and materials relating to the FaxForBusiness.com business, customers, software technology and marketing which FaxForBusiness.com treats as confidential (hereinafter "Confidential Information:). You agree to at all times during the term of this agreement and otherwise as set forth herein: (i) hold in confidence, and not disclose or reveal to any person or entity, any Confidential Information without the express prior written consent of FaxForBusiness.com; and (ii) not use or disclose any of the Confidential Information for any purpose at any time, other than pursuant to your rights under this agreement for the purpose intended. These obligations shall continue indefinitely for so long as the Confidential Information is a trade secret under applicable law and shall continue for three (3) years following termination of this Agreement with respect to Confidential Information, which does not rise to the level of a trade secret.

12.1 You hereby consent and agree that as to any information which FaxForBusiness.com may collect from you and/or maintain with respect to you, including but not limited to your account information, dates of service, billing address, billing records, usage statistics, site statistics, services purchased, fax to email purchases, correspondence to or from FaxForBusiness.com concerning you or your account, or other information which in FaxForBusiness.com sole judgment is reasonable, FaxForBusiness.com may disclose such information to public or private third parties as applicable law may require or permit. The decision as to whether to disclose such information as may be required, permitted or otherwise reasonable shall be within the sole discretion of FaxForBusiness.com and may include but shall not be limited to (1) compliance with court order or subpoena of any State or Federal government, (2) compliance with the Electronic Communications Decency Act, (3) compliance with the Digital Millennium Copyright Act (3) compliance with the FaxForBusiness.com Terms of Service, Acceptable Use Policy or other policies.

13.1 Any notice under this agreement shall be given by FaxForBusiness.com to you via email at the address provided by you to FaxForBusiness.com at the commencement of this agreement or as FaxForBusiness.com is subsequently advised. Notice to you at this address is deemed sufficient regardless of your receipt of such email. If you wish to update your email address you should do so within the Reseller Portal.
13.2 Any notice by you under this agreement is effective only upon receipt by FaxForBusiness.com and shall be made only in writing containing proper security information either via email to resellers@FaxForBusiness.com or via United States Mail. Notice sent Via United States Mail shall be sent to the following Address:

Newrise Corp. d/b/a FaxForBusiness.com
5379 Lyons Road, #153
Coconut Creek, FL 33073

14.1 Sections 1, 4, 5, 8 - 22 inclusive, of this agreement shall survive the termination of this agreement and shall remain in full force and effect after any such termination.

15.1 FaxForBusiness.com makes every reasonable effort to maintain operation of the FaxForBusiness.com Resale service however because as many events and circumstances are beyond the control of FaxForBusiness.com, FaxForBusiness.com does not in any way warrant or otherwise guarantee the availability of the FaxForBusiness.com Resale system or fax to email servers and is not responsible for any delay or loss of data, lack of connection, slow connection, communication errors or any other such issues whether due to the active or passive negligence of FaxForBusiness.com.
15.2 THE FAXFORBUSINESS.COM SERVICE IS PROVIDED TO YOU ON AN "AS IS" BASIS, AND WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
15.3 In general, FaxForBusiness.com has no control over information contained on the Internet. Information obtained by you from the Internet may be inaccurate, offensive or in some cases even illegal. FaxForBusiness.com accepts no responsibility for any information which you receive from the Internet. You accept full responsibility to verify the truth and accuracy, legality and ownership of the information that you obtain from the Internet as well as the reputation of the individuals with whom you may deal. FaxForBusiness.com provides no warrantee for any goods or services which you obtain over the Internet nor the compatibility of any such services with the FaxForBusiness.com system.
15.4 You specifically hereby waive any claim for damages of any kind whether direct, indirect, special, exemplary, punitive, incidental or consequential, loss of profits or loss of business as the result of any action taken in response to any claim of copyright infringement without regard to whether or not the material claimed to have been infringing is later found to be infringing.
15.5 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE THE TOTAL AMOUNT OF SERVICE FEES PAID BY YOU TO FAXFORBUSINESS.COM IN THE THREE MONTHS IMMEDIATELY PROCEEDING ANY ALLEGATION OF ENTITLEMENT TO SUCH REMEDY. IN NO EVENT SHALL FAXFORBUSINESS.COM BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS OR LOSS OF BUSINESS AS THE RESULT OF ANY SUCH ACTION OR INACTION WITHOUT REGARD TO THE LIKELIHOOD OF ANY SUCH DAMAGES.

16.1 Use of Service. You agree to fully defend and indemnify and hold harmless FaxForBusiness.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of or in any way in relation to your marketing to, resale to or support of your customers with respect to the FaxForBusiness.com fax to email services and/or any breach or claim of breach of this agreement or your negligence whether active or passive or any negligence of FaxForBusiness.com in any way related to your use of the FaxForBusiness.com resale program, FaxForBusiness.com Fax to Email services or any other aspect thereof.
16.2 Copyright. You agree to fully defend and indemnify and hold harmless FaxForBusiness.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of any violation or claimed violation of any copyright or other intellectual property right of any third party which is in any way related to your use of the FaxForBusiness.com resale program, FaxForBusiness.com Fax to Email, or any other aspect thereof. Choice of counsel remains exclusively that of FaxForBusiness.com
16.3 Password. You agree to fully defend and indemnify and hold harmless FaxForBusiness.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of or in any way in relation to the disclosure of your confidential User ID and Password information. Choice of counsel remains exclusively that of FaxForBusiness.com.
16.4 Customer Support. You agree to fully defend and indemnify and hold harmless FaxForBusiness.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of providing or the failure to provide any account maintenance, account management, customer support, billing, administration and upkeep or any other aspect thereof. Choice of counsel remains exclusively that of FaxForBusiness.com.
16.5 Personal/Financial Information. You agree to fully defend and indemnify and hold harmless FaxForBusiness.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of or in any way in relation to any failure to comply with paragraph 2.9 herein relating to the protection of personally identifiable information and the protection of customer financial information including but not limited to credit card and bank account data.
16.6 Required Terms of Sale. You agree to fully defend and indemnify and hold harmless FaxForBusiness.com of and from any and all third party claims, causes of action, demands, costs, damages including both direct and consequential damages, specifically including attorneys fees and costs, expert fees and costs and mediation and/or arbitration fees and costs incurred (whether paid or not) as the result of or in any way in relation to any failure on your part or on the part of your customers to comply with the required Terms of Sale set forth in paragraph 8 herein.

17.1 Either party to this agreement shall be excused from any delay or failure in performance hereunder caused by reason of any occurrence or contingency beyond its reasonable control, including but not limited to, acts of God, earthquake, labor disputes and strikes, riots, war, and governmental requirements. The obligations and rights of the party so excused shall be extended on a day-to-day basis for the period of time equal to that of the underlying cause of the delay.

18.1 This agreement and the rights hereunder are not assignable or transferable except that FaxForBusiness.com may assign its rights hereunder to any person or entity who shall become a principal owner, or shareholder of FaxForBusiness.com. Any other attempted transfer or assignment of rights hereunder shall be null and void ab initio.

19.1 If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

20.1 This Agreement shall be interpreted under the laws of the State of Florida without regard to any conflict of laws provisions. Any action between the parties to this agreement for the breach of this agreement or any action or claim in any way otherwise relating to this agreement shall be venued in the Superior Court of the State of Florida, County of Broward. The parties to this agreement hereby consent to jurisdiction in that court and agree to accept service of process by mail and hereby waive any defense of any kind related to jurisdiction or venue.

21.1 Notwithstanding any other provision of this agreement, FaxForBusiness.com is not your agent, partner or joint venturer in any respect.

22.1 FaxForBusiness.com may without advance notice amend this Agreement from time to time, and will do so by posting the new Agreement on the Reseller Portal in place of the old. Each and every such amendment shall be become effective immediately upon posting for all pre-existing and future accounts. It is your obligation to check this page often for updated agreements.