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TERMS AND CONDITIONS

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND AFFILIATENETWORK.COM LLC. ("AFFILIATENETWORK.COM"). BY CONTRACTING WITH AFFILIATENETWORK.COM LLC. YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

General: No terms or conditions other than those set forth in this Agreement (“Agreement”) are binding on AFFILIATENETWORK.COM unless specifically agreed to in writing by AFFILIATENETWORK.COM.

Reporting: AFFILIATENETWORK.COM will prove online reporting to affiliate. All such reports will be deemed final and binding, unless disputed by affiliate in writing within five (5) business days of affiliate’s receipt of such reports.

Marketing Messages: All artwork and copy delivered by AFFILIATENETWORK.COM to affiliate under this Agreement may not be changed or modified in any respect without the prior written consent of AFFILIATENETWORK.COM. In addition, any marketing materials from AFFILIATENETWORK.COM' affiliate program sent through email must be on an OPT-IN basis only.

Before the first email campaign is sent out, a sample email must be sent to affiliates@winhundred.com for AFFILIATENETWORK.COM to review and determine that no headers are falsified and that the unsubscribe link is working. The affiliate must then confirm via email that all future campaigns will follow the same identical format. If there is any change to the format, the affiliate must forward a test before the campaign drops.

AFFILIATE REPSPONSIBILITY TO KEEP SUBSCRIBER RECORDS Affiliate agrees that they have now, and shall maintain at all times during their membership in AFFILIATENETWORK.COM' affiliate network and for a period of three (3) years after any cancellation or termination from the Network, at a minimum, the following subscriber sign-up/registration data for any and all email addresses that Affiliate delivers emails to with AFFILIATENETWORK.COM' advertisements:

Subscriber email address used to sign-up/registration for Affiliate's email publication 
Subscriber's IP address 
Date and time of subscriber's sign-up/registration for Affiliate's email publication 
Location of subscriber's sign-up/registration (i.e., what is the original source of the subscriber email address; where did they sign-up/register for Affiliate's email publication). 
Affiliate further agrees that, within twenty-four (24) business hours of AFFILIATENETWORK.COM's request, it shall provide, at a minimum, the above subscriber sign-up/registration data for any email address that Affiliate delivers emails to with AFFILIATENETWORK.COM' advertisements. The affiliate must represent that their company is not currently in litigation for any matter relating to spam complaints.

ADDRESS GATHERING AND LIST USE
Affiliates may not send bulk email to individuals unless a prior business relationship exists between the Affiliate and the individual. Additionally, email addresses of individuals must meet at least one of the following criteria:

Individuals are customers of the Affiliate 
Individuals have provided the Affiliate with their affirmative consent to receive email solicitations 
Individuals did not "opt-out" of receiving email solicitations after the Affiliate provided them with a commercially reasonable opportunity to do so 
Affiliate has received representations from a third-party list provider that the individuals whose email addresses appear on the list have either (i) provided consent to receive email solicitations from the Affiliate, or (ii) have not "opted-out" of receiving email solicitations from the Affiliate after being given opportunity to do so 
EMAIL FORMAT

No falsification of the sender's domain name (must disclose sender's identity), "From" name (no misleading names-such as celebrities, advertiser names, etc.), message origin or email transmission path is permitted. 
No falsification of the subject line (must be clear, honest and not misleading) is permitted. If the subject line will refer to the advertisement or offer, the sender must use the subject line supplied by AFFILIATENETWORK.COM. 
Subject line may be personalized by including the first name of the individual. Any other personal information, such as the individual's full name or email address, should not be used. 
Each email must contain contact information where the recipient can obtain customer service or additional information 
Affiliate's street address should be made available in each email solicitation or, at the very least, available by providing a link from the email solicitation to the Affiliate's website, where such contact information can easily be found 
All mailings must contain a clear, commercially reasonable method for the individual to "opt-out" of receiving further email solicitations. Acceptable methods include: 
Have an unsubscribe link in each email delivered which is unique to the recipient, rather than a link to website (preferred method) 
Have the recipient respond with a message that is either blank or has 'Unsubscribe' in the header 
Each must email must explicitly state that it is an advertisement email.

REQUESTS

Affiliates must honor "opt-out" requests in a timely fashion, preferably within no more than five business days 
Affiliates must notify the individual during the unsubscribe process of when his or her email address will be deleted from the Affiliate database and email solicitations will cease 
SECURITY

Affiliates must use all commercially reasonable business practices to maintain security and privacy of email addresses and all other contact information of email recipients

Payment: Affiliates will receive $.35 per unique registrant at AFFILIATENETWORK.COM's web site. If Affiliate reaches price break point, Affiliate will receive increased price per unique registrant as stated on the web site. Payment will be made on the 15th of each month. The payment schedule is as follows:

January Commissions - Paid on the 28th of February 
February Commissions - Paid on or around the 30th of March 
March Commissions - Paid on or around the 30th of April 
April Commissions - Paid on or around the 30th of May 
May Commissions - Paid on or around the 30th of June 
June Commissions - Paid on or around the 30th of July 
July Commissions - Paid on or around the 30th of August 
August Commissions - Paid on or around the 30th of September 
September Commissions - Paid on or around the 30th of October 
October Commissions - Paid on or around the 30th of November 
November Commissions - Paid on or around the 30th of December 
December Commissions - Paid on or around the 30th of January

This schedule may be changed at any time by AFFILIATENETWORK.COM LLC. Changes in this schedule will be posted to this web page. AFFILIATENETWORK.COM LLC. and affiliate agree that payment for all sums due and payable to the affiliate will be made by AFFILIATENETWORK.COM LLC. to affiliate after receipt of payment from the client. AFFILIATENETWORK.COM will report results to affiliate as often as possible, and affiliate will invoice AFFILIATENETWORK.COM based on the monthly total of such reporting.

Representations, Indemnifications and Licenses: Affiliate hereby represents and warrants, at all times during the term of this agreement, that (i) all consumers in the Affiliate’s online database or web site that receive the marketing message for the promotion contemplated in this Agreement are permission-based, and (ii) no email Spam will be generated by Affiliate under this Agreement. Affiliate shall indemnify and hold harmless AFFILIATENETWORK.COM from and against any claims, losses, damages, or expenses incurred by AFFILIATENETWORK.COM resulting from or in connection with Affiliate’s breach of any agreement, representation or warranty herein, including, without limitation, claims for spamming or other violation of rights of privacy. In the event of any Spam complaints, in addition to any other remedies that may be available to AFFILIATENETWORK.COM, Affiliate shall immediately provide AFFILIATENETWORK.COM with the following information regarding each complainant: registration date, registration time, privacy policy at the time of registration, source of registration, offer/product registered for or purchased and IP address of registration.

Choice of Law and Venue: This contract shall be interpreted and construed in accordance with the laws of the State of New York, without regard to its conflicts of laws provision, and with the same force and effect as is if fully executed and performed therein. Each party hereby consents to the exclusive personal jurisdiction of the courts of the State of New York, New York County, acknowledges that venue is proper only in any such state court or Federal court in the State of New York, and waives any objection that may exist, now or in the future, with respect to any of the foregoing.

Publicity and References: AFFILIATENETWORK.COM shall be permitted to identify Affiliate as a AFFILIATENETWORK.COM Affiliate, and may use Affiliate’s name as part of its marketing materials. Either party may issue a press release generally announcing this marketing relationship, but only with other party’s consent. The terms and conditions of this Agreement must be held confidential by Affiliate at all times, unless otherwise agreed to by AFFILIATENETWORK.COM.

Non-circumvention: With respect to any promotion or offer made to Affiliate’s consumer database or web site by AFFILIATENETWORK.COM, Affiliate will not, directly or indirectly, make the same or similar offer on behalf of the Protected Customers other than through AFFILIATENETWORK.COM during the term of this Agreement and for a period of 2 months thereafter.

Termination: AFFILIATENETWORK.COM may terminate the term of this contract at any time upon 48 hours prior written notice to Affiliate.

Miscellaneous: This contract cannot be sold, assigned or transferred by Vendor to any party. If any portion of the contract is found unenforceable for any reason, the remainder will remain in full force and effect. No waiver by AFFILIATENETWORK.COM shall operate as a waiver of any other provision or any subsequent default. This document represents the entire agreement of the parties and supercedes any prior understanding between the parties with respect to the subject matter herein. Any modifications must be in writing and signed by an authorized representative of AFFILIATENETWORK.COM and Affiliate. In the event any of the terms and conditions conflict with the front page of this Agreement, then the terms set forth on the front page shall govern. The undersigned is legally empowered with due corporate authority to enter into this Agreement. IF THE AFFILIATE IS FOUND TO BE DECEIVING OR DEFRAUDING ITS USERS AND/OR SUBSCRIBERS IN ANY WAY, AFFILIATENETWORK.COM RESERVES THE RIGHT TO IMMEDIATELY TERMINATE THE RELATIONSHIP AND PURSUE ALL CIVIL AND CRIMINAL PENALTIES. AFFILIATE UNDERSTANDS THAT DUE TO THE DAMAGE THAT CAN BE SUSTAINED TO AFFILIATENETWORK.COM BECAUSE OF THE ASSOCIATION WITH AFFILIATENETWORK.COM OF THE AFFILIATE'S DECEITFUL AND FRAUDULENT BUSINESS ACTIVITIES, THE AFFILIATE REPRESENTS THAT IT WILL ONLY ENTER INTO THIS AGREEMENT IF IT IS NOT PARTICIPATING IN DECEITFUL AND FRAUDULENT BUSINESS PRACTICES.

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