Terms of Service

Your Agreement to these Terms of Service Welcome to the Getinstalls, LLC..com ("Getinstalls, LLC.") web site and online services (the "Getinstalls, LLC. Site"). The following Terms of Service for the Getinstalls, LLC. Site is a legal contract between You, either an individual subscriber, customer, member, affiliate, or company, corporation, partner, sole proprietor ("You" or "Company" or "Partner"), and Getinstalls, LLC. regarding your use of co bundle opportunities (either being promoted through a co bundle for purposes of distribution or integrating a co bundle for purpose of increased monetization) provided by Getinstalls, LLC.. The services hereunder are offered by Getinstalls, LLC., LLC., located at 460 Brannan Street # 77723 San Francisco, CA 94107 PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY ACCESSING, BROWSING, OR USING THE Getinstalls, LLC. service, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). Advertiser Co-Bundles You cannot create or manage multiple Getinstalls, LLC. co bundle for purpose to distribute one product unless given explicit permission by Getinstalls, LLC. to do so. Publisher Co-Bundles You can create as many co-bundles within your installer/installers as you want to, given that the co bundles being offered are unique. Your Obligations Partner hereby warrants and undertakes: a) To bundle Getinstalls, LLC. co bundle with your Installer. b) To use its best efforts to advertise, market and promote the Bundled Application. c) To be solely responsible for the distribution, content and manners of its marketing activities. d) That it will not perform any act which is libelous, discriminatory, defamatory, obscene, unlawful or otherwise unsuitable or which contains pornographic, obscene or graphically violent materials. e) That it will not generate traffic and/or installations by illegal or fraudulent activity, particularly but not limited to by: consumer fraud, using JavaScript or assimilated technologies to force the download, installing in the user's computers viruses, worms, or Trojan horses.

f) That it has to inform Getinstalls, LLC. of the exact ways of distribution, including Bundling Applications and URLs if required by Getinstalls, LLC.. Any traffic stemming from a source considered fraudulent will not be. The same applies for uninstall rates exceeding 20% within one day of the installation. Company hereby warrants and undertakes: That Company controls the Bundled Application and that the Bundled Application 1) is not a spyware, malware, virus or Trojan horse; 2) is not illegal or constitutes consumer fraud, tort, breach of contract, injury, damage, or harm or any kind to any person or entity; 3) is not adult in nature (Porn, semi porn, soft porn, adult friend finder etc) 4) does not include adware. Adware as defined by (http://en.wikipedia.org/wiki/Adware) Reporting All reported numbers for the purposes of billing, payment, and general delivery reporting are based on Getinstalls, LLC. reporting systems and will be provided to Partner/Company by Getinstalls, LLC. on each Monday of each week. Advertiser Billing provision: Getinstalls, LLC. shall bill the Advertiser based on the Bounty in accordance with the cost made available to you by your Getinstalls, LLC. representative and agreed upon in the Advertiser Insertion Order which will be kept on file for a period of (365) calendar days. Advertiser agrees to allow period of (30) calendar days to allow for payment to be made. Payment shall be made in US dollars. Publisher Payment Provisions Getinstalls, LLC. shall pay Partner the Bounty in accordance with pricing made available to you by your Getinstalls, LLC. representative and agreed upon in the Publisher Insertion Order. Company agrees to allow period of (45) calendar days to allow for payment to be made. Payment shall be made in US dollars, after company exceeds minimum threshold ($100.00). Getinstalls, LLC. may make payments only when Company's balance exceeds US one hundred dollars ($100.00). Getinstalls, LLC. can pay via PayPal, Wire transfer or Check. Our minimum payout for wire transfers is $250.00 where company shall be responsible for a $45.00 bank wire fee. If minimum payout amount is not reached, the unpaid earning will carry over to the next payment period. .

Samples Company Cost Per Install:

Search based programs Ad based plugins Security General

Tier 1 Tier 2 Tier 3

$1.00 to $2.25 $.75 to $1.00 $.25 to $.40

$.65 to $1.00 $.40 to $.75 $.15 to .$25

$.40 to $.65 $.20 to $.40 $.10 to $.15

$.25 to $.40 $.10 to $.20 $.05 to $.10

Partner Payout Per Install:

Search based programs Ad based plugins $.60 $.20 $.05 Security $.30 $.10 $.02 General $.15 $.05 $.01

Tier 1 Tier 2 Tier 3

Tier Definitions:

$.75 to $1.50 $.50 to $.75 $.15 to $.25

Tier 1: US Tier 2: UK, CA, AU, DE, FR, NO, CH Tier 3: ES, BR, IT, PR, IN, SG, IR, SE, SV, GT

*Samples to be used as estimate only, actual CPI/PPI (cost per install & pay per install) to be finalized and agreed
upon by both parties and attached to these Terms and Conditions referred to as Insertion Order

Term and Termination

1. Company will ensure software best practices and will not cobundle Getinstall co bundles with any

software that can be considered Spyware, Adware, Malware (Malicious software). Bundling Getinstalls, LLC. co bundles with Malicious software will result in immediate termination of your contract and nonpayment of all dues.
2. Company will adhere to section entitled "Your Obligations". Breaching this will result in

immediate termination of your contract and result in nonpayment.

3. This agreement shall stay in effect for a period of (365) calendar days, cancellation may occur at any time by either party upon providing (30) days written notice.

Confidential 1) Confidentiality and Nondisclosure Agreement. Getinstalls, LLC. and Company/Partner shall agree to a mutual Non-Disclosure Agreement, and shall govern the use and disclosure of confidential information and all discussions pertaining to or leading to this Agreement. The terms and conditions of this Agreement will be considered confidential and will not be disclosed to any third parties except to each party's accountants, attorneys, or except as otherwise required by law. 2) Publicity. No Party may make any public announcement or issue any press release about the existence or terms of this Agreement without the other Party's prior written approval and consent.

Any and all publicity relating to this Agreement and subsequent transactions between Getinstalls, LLC. and Company and the method of its release shall be approved in advance of the release, in writing, by both Getinstalls, LLC. and Company. 3) All information in Partners Back Office logins, including but not limited to business and financial, lists of advertiser, as well as price per install and any information relating to products, records, operations, business plans, processes, product information, business know-how or logic, trade secrets, market opportunities and personal data of the Parties shall be treated confidentially. Business Operations Both Parties will make reasonable commercial efforts to keep its Website operational during normal business hours. However, the Parties agree it is normal to have a certain amount of system downtime and agree not to hold each other liable for any of the consequences of such interruptions. Trademarks Nothing contained in this Agreement will grant either Party any right, title or interest in the trademarks, trade names, service marks or other intellectual property rights of the other Party. At no time during or after the term will either party attempt or challenge or assist or allow others to challenge or to register or to attempt to register the marks of the other Party. Liability To the maximum extent permitted by applicable law, and provided that liability shall not be excluded or limited in respect of malicious intent or gross negligence, Partner will indemnify Company and hold Company harmless from and against any claim, loss, damage, expense (including reasonable attorney's fees) or liability (including legal fees and costs). Lost Profits; Consequential Damages. NO PARTY SHALL BE LIABLE FOR ANY LOST PROFITS, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR FOR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING, WITHOUT LIMITATION, UNDER ANY CONTRACT, NEGLIGENCE OR OTHER TORT THEORY OF LIABILITY) EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. General Provisions 1) Nothing contained in this Agreement, nor any action taken by any Party to this Agreement, shall be deemed to constitute either Party (or any of such party's employees, agents, or representatives) an employee, or legal representative of the other party, nor to create any joint venture, association, or syndication among or between the parties, 2) Company may assign this Agreement, by operation of the law or otherwise, at any time with a simple notification to the Company/Partner.

3) Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement. 4) This Agreement shall be governed and construed in accordance with the laws of California and any action or dispute relating to this Agreement must be brought in and the Company/Partner irrevocably consents to the jurisdiction of California courts of law.