This Referral Agreement sets forth the terms and conditions under which Myers Internet ("MYERS") will pay referral fees to persons (a "Finder") who refer new customers to Myers under the referral program set forth at http://www.myers.com/referral/.

1. Relationship of the Parties. Finder's relationship to MYERS is that of an independent contractor. Finder is not an agent or employee of MYERS. Finder shall have no authority to bind MYERS.
2. Commissions. MYERS shall pay Finder a referral fee of Fifty Dollars ($50 US) for each person or company (each, a "Referral") referred to MYERS by Finder if:
   1. the Referral purchases services from MYERS within 60 days after Finder submits all required contact information regarding the Referral to MYERS,
   2. the Referral signs a contract with MYERS and pays all upfront fees to MYERS within such 60 day period,
   3. the Referral has not previously signed any contract with MYERS or purchased any goods or services of any kind from MYERS, and
   4. information regarding the Referral has not been received by MYERS from another source prior to Finder's submission of the required information concerning the Referral.
3. Duplicate Referrals. If the Finder disputes MYERS receipt of information from another source prior to Finder's referral, the Myers Director of Sales will resolve all such disputes. Finder agrees that the decision of the Director of Sales will be final and binding on the Finder and may not be appealed or disputed in any other forum.
4. Timing of Payment. Payment of the commission shall be made by Myers within thirty (30) days after the Referral signs a contract with MYERS and pays all upfront fees to MYERS.
5. Miscellaneous. This Agreement constitutes the final, complete agreement of the parties with respect to its subject matter. No changes, amendments or modifications of any of the terms or conditions of this Agreement shall be valid unless made by an instrument in writing signed by both parties.
6. Limitation of Liability. Under no circumstances will Myers be liable for indirect, incidental, consequential, special, or exemplary damages arising from any provision of this Agreement. Without limiting the foregoing, Myers aggregate liability arising with respect to this Agreement will not exceed the total commission paid or payable to Finder, under this Agreement.
7. Governing Law and Exclusive Jurisdiction. This Agreement will be governed and construed in accordance with the internal laws of the State of Wisconsin without giving effect to principles of conflict of laws. All claims, controversies, actions, and cause of action concerning the interpretation or enforcement of this Agreement shall be brought in the Circuit Court for Milwaukee County, Wisconsin. Both parties irrevocably agree to submit to the exclusive jurisdiction of such court, and each party hereby irrevocably waives any right it may have to transfer or change the venue of any litigation brought hereunder.