Affiliate Program / Premium Affiliate Management General Terms And Conditions

PartiesWeb site owners (hereafter, "Affiliates"), Software Publishers, element 5 GmbH and its subsidiaries (together hereafter, "element 5") and who wish to make use of the additional service provided by element 5 (hereafter, "AffiliateManagement")
StateGermany
SectionCommercial Contracts
Exhibit 10.8
Affiliate Program / Premium Affiliate Management General
Terms and Conditions
The following General Terms and Conditions are intended for (i) Web site
owners (hereafter, "Affiliates") who wish to participate as Affiliates in
the Affiliate Program provided by element 5 (governed by II. and IV. in
these General Terms and Conditions) on the basis of these General Terms and
Conditions and also for (ii) Software Publishers who distribute their
software products as downloads using the services of element 5 GmbH,
Vogelsanger Strasse 78, 50823 Cologne, Germany and its subsidiaries
(together hereafter, "element 5") and who wish to make use of the
additional service provided by element 5 (hereafter, "Affiliate
Management", governed under III. and IV. in these General Terms and
Conditions) for integration of the Affiliate Program provided by element 5.
I. Object of the Affiliate Program/ Affiliate Management Program for
Software Publishers
The object of the Affiliate Program provided by element 5 (hereafter,
"Program") is to publish electronic advertisements on the Web site of the
Affiliate for selected software products offered by element 5 Software
Publishers. Instead of fixed compensation, the Affiliate receives result-
dependent Advertising Cost Compensation (also known in the element 5
Control Panel as "Commission") in exchange for publishing the
advertisements. The Advertising Cost Compensation depends on the actual
sales generated by end users referred via the electronic advertisement (the
Affiliate's link).
Within the context of sales processed from this Program, element 5 acts (to
the end user) as a service provider for Software Publisher and handles the
sales process by proxy of Software Publisher in accordance with underlying
share-it! Developer Agreement. element 5 receives an additional service fee
from the participating Publishers for this Affiliate Management.
Under the terms of this Affiliate Management, "Software Publisher's Control
Panel" shall mean the password protected secure interface on element 5's
Web servers that allows the Software Publisher to gain access to Sales data
and End User data through a secure online connection and change Software
Publisher related settings, e.g. the commission of the Affiliate and
activation and deactivation of the Affiliate.
"Affiliate's Control Panel" shall mean the password protected secure
interface on element 5's Web servers that allows the Affiliate to (i) gain
access to referred sales through a secure online connection and (ii) change
Affiliate related settings, e.g. input or alteration of personal data,
definition of default style within the context of the given technical
limitations, and requests for new partnerships with Software Publishers or
termination of existing partnerships.
Source: SOUTHERN STAR ENERGY INC., SB-2/A, 12/2/2005

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