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	- Affiliate Reseller Program - It is easy to become a FetishLiason.com Affiliate. Read the Affiliate Agreement below and click on the Sign Me Up button to start the process. Click here to get FetishLiason.com Banners - Affiliate Agreement - This Affiliate Agreement is made by and between FetishLiason.com (FL) and the Entity to be a Fetishliason.com Affiliate (AFFILIATE). 1. Restrictions on E-Mail Marketing. In no event shall AFFILIATE engage in any e-mail marketing or promotion with respect to FL or any FL Related Entity except as expressly set forth herein. In the event that AFFILIATE has an "opt-in" e-mail address list whereby the individuals or entities on the list have expressly elected to receive e-mails from AFFILIATE (an "Opt-in List"), AFFILIATE may make a written request to FL to send e-mails regarding FL or FL Related Entities on the Opt-in List, in each instance. If FL has not responded in writing within twenty (20) business days after receipt of such request, AFFILIATE shall provide FL with written notice of such failure to respond, and such request shall be deemed to have been denied if FL has not responded within ten (10) business days of receiving such notice. In the event FL approves such request, AFFILIATE shall comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to e-mail marketing and 'spamming'. Without limiting the generality of the foregoing, AFFILIATE shall: (a) not send any e-mail regarding FL or FL Related Entities: (i) to any individual or entity that has not requested such information; (ii) to any type of "Safe List" or through any type of "Safe List" service; or (iii) as part of a confirmation or thank you letter as a result of a posting to a classified advertisement website or a "Free for All Links" website and (b) always include "unsubscribe" information at the top and bottom of any e-mail regarding FL or FL Related Entities. 2. Other Prohibited Activities. In addition to the restrictions of Section 1 above, AFFILIATE shall not: (a) engage in any fax, broadcast or telemarketing with respect to FL or FL Related Entities, (b) make any "use of scumware" (as hereinafter defined) or use any other predatory advertising or marketing methods in any of its dealings relating to FL or FL Related Entities, (c) make any false, misleading or disparaging representations or statements with respect to FL or FL Related Entities or (d) engage in any other practices which may affect adversely the high image, credibility or reputation of FL or FL Related Entities, including but not limited to, using any Website in any manner, or having any content on any Website, that: (i) promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age and/or any illegal activities or (ii) violates any intellectual property or other proprietary rights of any third party. As used herein, "use of scumware" shall mean the use of pop-up banners that hide banners that are displayed on a website, the placement of icons beside keywords found in text that if clicked will take the visitor to another website, and other similar practices. 3. Compliance with Laws. In addition to, and without limiting the provisions of Section 1 and 2 above, AFFILIATE shall perform its obligations hereunder in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations. 4. Active Lead Fees. With respect to each Active Lead (as hereinafter defined), AFFILIATE shall be entitled to receive the Active Lead fees as set forth on Exhibit 1 hereto (the "Active Lead Fees"). The Active Lead Fees shall be due and payable within forty five (45) days after the end of the applicable month. FL reserves the right to modify the Active Lead Fees and/or the payment terms at any time upon reasonable advance notice to AFFILIATE. As used herein, an "Active Lead" shall mean a Lead that: (a) FL has attributed to AFFILIATE pursuant to FL's customary tracking protocols, including but not limited to, the use of AFFILIATE-specific "gateway" identifications, the use of separate reference pages, cookies, attributions questions or otherwise, (b) has successfully registered with the applicable Platform(s), (c) has deposited appropriate monetary funds with the applicable Platform(s), using the payment methods designated by the applicable Platform(s)' management and (d) has complied with all applicable legal, administrative and regulatory requirements. 5. Valid Affiliate Fees. With respect to each Valid Affiliate (as hereinafter defined), AFFILIATE shall be entitled to received the Valid Affiliate fees as set forth on Exhibit 1 hereto (the "Valid Affiliate Fees"). The Valid Affiliate Fees shall be due and payable within forty five (45) days after the end of the applicable month. FL reserves the right to modify the Valid Affiliate Fees and/or the payment terms at any time upon reasonable advance notice to AFFILIATE. As used herein, a "Valid Affiliate" shall mean a Prospective Affiliate that has: (a) been attributed to AFFILIATE pursuant to FL's customary tracking protocols, including but not limited to, the use of AFFILIATE-specific "gateway" identifications, the use of separate reference pages, cookies, attributions questions or otherwise, (b) been accepted by FL, in its sole and absolute discretion, (c) registered as a "FetishLiason.com Affiliate" on the Registration Page and (d) begun actively promoting FL or FL Related Entities within four (4) weeks of such registration. 6. Termination. FL may terminate this Agreement at any time, with or without cause, effective immediately upon notice to AFFILIATE. Consequences of Termination. Upon expiration or termination of this Agreement: (a) each Party shall return to the other Party all property of the other Party in its possession or control (including all Creative and all Confidential Information); (b) AFFILIATE shall immediately cease displaying any Creative on any Website or otherwise and (c) all rights granted to AFFILIATE hereunder will immediately cease; provided, however, that in the event that AFFILIATE has elected to be compensated on a "Revenue-Sharing" basis (as described on Exhibit 1) with respect to either the Active Lead Fees and/or the Valid Affiliate Fees, as applicable, AFFILIATE shall be entitled to receive any Active Lead Fees and/or Valid Affiliate Fees, as applicable, as may become due and owing to AFFILIATE pursuant to terms and conditions of this Agreement, during the three (3) month period immediately following the effective date of termination of this Agreement. 7. Limitation of Liability and Indemnification. FL SHALL HAVE NO LIABILITY WITH RESPECT TO THE PLATFORMS OR ITS OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF FL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, FL'S LIABILITY TO AFFILIATE UNDER THIS AGREEMENT FOR ANY REASON WILL BE LIMITED TO THE AMOUNTS PAID TO AFFILIATE BY FL DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. AFFILIATE agrees to indemnify, defend and hold harmless FL and the FL Related Entities and the directors, officers, employees, subcontractors and agents thereof (collectively, the "Indemnified Party"), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys' fees, to the extent that such action is based upon or arises out of: (a) AFFILIATE's breach of any representation, warranty, obligation or covenant under this Agreement; (b) AFFILIATE's gross negligence or willful misconduct; or (c) any warranty, condition, representation, indemnity or guarantee relating to FL or FL Related Entities granted by AFFILIATE to any Lead, Prospective Affiliate or other third party. In claiming any indemnification hereunder, the Indemnified Party shall promptly provide AFFILIATE with written notice of any claim which the Indemnified Party believes falls within the scope of the foregoing paragraphs. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that AFFILIATE shall control such defense and all negotiations relative to the settlement of any such claim and further provided that any settlement intended to bind the Indemnified Party shall not be final without the Indemnified Party's written consent, which shall not be unreasonably withheld. 8. General Provisions. Force Majeure. If the performance of any part of this Agreement by either Party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action (including, but not limited to, any law, regulation or embargo prohibiting the performance contemplated hereunder and/or the failure or refusal of a government agency to issue a license required for any performance pursuant to this Agreement), labor disputes, act of God or any cause beyond the reasonable control of that Party, the Party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause. Notwithstanding anything herein to the contrary, the Party prevented from performing hereunder by a force majeure event shall nevertheless use its best efforts to recommence its performance hereunder as soon as reasonably practicable and to mitigate any damages resulting from its non-performance hereunder. Independent Contractors. The Parties to this Agreement are independent contractors. Neither Party is an agent, representative or Related Entity of the other Party. Neither Party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other Party. This Agreement shall not be interpreted or construed to create an association, agency, joint venture or partnership between the Parties or to impose any liability attributable to such a relationship upon either Party. Notice. Any notice, approval, request, authorization, direction or other communication under this Agreement shall be given in writing and shall be deemed to have been delivered and given for all purposes: (a) on the delivery date if delivered personally or by e-mail to the Party to which the same is directed; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid, to the respective addresses of the Parties as set forth on the Registration Page. No Waiver. The failure of either Party to insist upon or enforce strict performance by the other Party of any provision of this Agreement or to exercise any right under this Agreement shall not be construed as a waiver or relinquishment to any extent of such Party's right to assert or rely upon any such provision or right in that or any other instance; rather, the same shall be and remain in full force and effect. Each waiver shall be set forth in a written instrument signed by the waiving Party. Entire Agreement. This Agreement, including all Exhibits hereto, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof as set forth herein. Neither Party shall be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by the other Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing. Amendments and Modifications. No amendment or modification of any provision of this Agreement shall be valid unless set forth in a written instrument signed by both Parties. Assignment. All the terms and provisions of this Agreement shall be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, assigns and legal representatives. AFFILIATE shall have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations hereunder, to any third party without FL's prior written consent, to be given or withheld in FL's sole discretion. --- Exhibit 1 --- Gross sale amount: USD 15.95 Reseller commission percentage: 30% Reseller commission amount: USD 15.95 x 30% = USD 4.78
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