MyFonts.com Referrer Agreement

(hereinafter referred to as the "Agreement")

for the referral of Customers to the MyFonts.com Web Site

between

MyFonts.com, Inc.
215 First Street
Cambridge, MA 02142
USA

(hereinafter referred to as "MyFonts.com")

and

_________________________

(hereinafter referred to as "Referrer")

Effective Date of the Agreement: _________________

1. Subject of Agreement
MyFonts.com and Referrer hereby agree that Referrer will recommend and direct potential customers to the MyFonts.com web site by means of links on Referrer's web site and any other promotional methods that Referrer may select at his sole option.

In return, MyFonts.com will pay Referrer a percentage of the revenue received from the font purchases made by customers who open a user account at MyFonts.com as a result of being referred by Referrer to MyFonts.com.

2. Qualifying Customers
Customers opening a new account with MyFonts.com are asked how they heard about MyFonts.com. They answer this question by picking one item from a menu. One of the possible selections will include the name of Referrer. New users that select Referrer will be identified as Qualifying Customers.

If a new user links to MyFonts.com using a URL that includes a trailing "?refby=refname", the default answer to this question will be the Referrer associated with "refname".

It is understood and agreed that MyFonts.com has no way of preventing users from opening multiple accounts with MyFonts.com. Customers are identified solely by the account they use to log into MyFonts.com. If a customer logs in using an account that identifies him as a Qualifying Customer, he will be handled as a Qualifying Customer while logged in. If a customer logs in using a different account that does not identify him as a Qualifying Customer, he will not be handled as a Qualifying Customer while logged in.

3. Qualifying Sales
All sales by MyFonts.com to Qualifying Customers will be counted as Qualifying Sales.

4. Payment Schedule
MyFonts.com will pay Referrer in accordance with the payment schedule defined in Exhibit A.

5. Term of Agreement
The term of the agreement is one year from the effective date of this Agreement.

6. Limited Warranty and Disclaimer

6.1 MYFONTS.COM DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO STATEMENTS REGARDING CAPACITY, QUALITY, SUITABILITY FOR USE OR PERFORMANCE, WHETHER MADE BY MYFONTS.COM EMPLOYEES OR OTHERWISE, SHALL BE DEEMED TO BE A WARRANTY BY MYFONTS.COM FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY OF MYFONTS.COM WHATSOEVER UNLESS CONTAINED IN THIS AGREEMENT. THE REMEDIES PROVIDED TO REFERER IN THIS AGREEMENT ARE EXCLUSIVE.
6.2 IN NO EVENT SHALL MYFONTS.COM BE LIABLE FOR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION OF CONTRACT OR TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE.

7. General

7.1 Amendment. This Agreement may be modified, changed or amended only in writing signed by both parties. Only an authorized officer of MyFonts.com at its offices in Cambridge, Massachusetts, shall have any actual or apparent authority to modify the terms of this Agreement on behalf of MyFonts.com.
7.2 No Waiver. No delay or failure of any party to exercise any right provided herein shall in any way affect its right to enforce that right or any other right under this Agreement at a later time. No waiver shall be effective unless in writing signed by the waiving party.
7.3 Severability. If any provision of this Agreement is declared invalid by any lawful tribunal, then it shall be adjusted to conform to legal requirements of that tribunal and that modification shall automatically become a part of the Agreement. Or, if no adjustment can be made, the provision shall be deleted as though never included in the Agreement and its remaining provisions shall remain in full force and effect.
7.4 No Partnership or Agency. MyFonts.com and Referrer are independent contractors, and neither party shall be, nor represent itself to be, the joint venturer, franchiser, franchisee, partner, broker, employee, servant, agent or representative of the other party for any purpose. Neither party shall be responsible for the acts or omissions of the other, and neither party shall bear authority to make any representation or incur any obligation on behalf of the other party unless expressly authorized herein.
7.5 No Assignment. Neither this Agreement nor individual transactions nor rights under it shall be assigned, nor shall any obligation be delegated by Referrer, without the prior written consent of MyFonts.com. Any attempted assignment or delegation without MyFonts.com's prior written approval shall be void.
7.6 Force Majeure. Neither party will be liable for any failure or delay in performance due, in whole or in part, to any cause beyond its reasonable control.
7.7 Notices. Any notice under this Agreement shall be effective upon initial receipt by addressee regardless of whether notice is rejected if notice is in writing, signed by an authorized representative of the noticing party, and sent by registered or certified mail, return receipt requested, postage prepaid to MyFonts.com, at the address stated in Section 8 below (Attention: Legal Department), and to Referrer, at the address stated in Section 8 below, or as updated by either party from time to time.
7.8 Governing Law. This Agreement, all Exhibits and amendments hereto shall be governed in all respects by the laws of The Commonwealth of Massachusetts, excluding its conflict of laws rules.
7.9 Entire Agreement. This Agreement and its Exhibits constitute the complete and exclusive statement of the Agreement between the parties and supersede all prior oral and written agreements, communications, representations, statements, negotiations and undertakings relating to the subject matter herein.

8.
Communications
Communication for all inquiries on the part of MyFonts.com:
Name: John Collins
Title: VP and CTO
Business name: MyFonts.com, Inc.
Address: 215 First Street, Cambridge, Massachusetts 02142
Email: jcollins@myfonts.com
Tel: +1 617 520 8401
Fax: +1 617 868 0784

Communication for all inquiries on the part of Referrer:
Name: ________________
Title: _________________
Business Name: ________
Name of Payee to appear on checks: _______________________
Address: _______________
Email: _________________
Tel: __________________
Fax: __________________

Referrer:

By:_______________________________

Name:_______________________

Title:______________________________

__________________________________
Date

MyFonts.com, Inc.:

_______________________________
John Collins

__________________________________
Date