This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Effex Media LLC Affiliate Program (the "Program"). As used in this Agreement, "we" means Effex Media LLC, Inc., and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to Effex Media LLC's site located at the URL www.effexmedia.com, or to the site that you will link to our site (and which you will identify in your Program application).

Enrollment in the Program
We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:

Promote violence
Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
Promote illegal activities
Otherwise violate intellectual property rights

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

Links to your Store
Once you have filled out the affiliate application you will be emailed a username, password, and a unique ID that identifies your site in our system. You can link to your store using one of the following options:

-Quick Search
-Link to our home page

Effex Media LLC will supply text, icon, and banner links for you to market your new store. Furthermore, we reserve the right to populate your store with banners, links, etc... which may or may not be part of an advertising purchase. You do not share in this revenue. Along with these links you MUST use the source code provided. This code identifies you to our system, and you cannot earn commissions if these links are set up improperly. It is at the sole discretion of the webmaster to accurately copy and maintain these links. If you have any problems, contact affiliates@effexmedia.com.

Order Processing
We will process Product orders placed by customers who follow links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may periodically establish. We will be responsible for all aspects of order processing and fulfillment. These include the preparation of order forms, processing payments, cancellations, and returns, as well as handling customer service. We will track sales made to customers who purchase Products using Special Links from your site or directly on your store if you have redirected your URL, and maintain a detailed report on this activity which will be made available in our Affiliate Center 24 hours a day, 7 days a week. Simply login to the affiliate center with your username and password to track your earnings!

Commissions
For a product sale to be eligible to earn a commission fee, the customer must follow a link to your store or go to your store, select and purchase the product using our automated ordering system, accept delivery of the product at the shipping destination, and remit full payment to us. You will earn a percentage of the gross sale.

Fee payment schedule
Payments on commissions of $250.00 or more are made on a monthly basis. Commissions totaling less than $250.00 will be issued at the end of three (3) months if webmaster has not earned a total of $250.00 in that time period.

Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of Effex Media LLC. Accordingly, all Effex Media LLC rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time, therefore, we cannot guarantee the availability or price of any particular product.

Terms of the Agreements
The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales of qualifying products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for up to 90 days to ensure that the correct amount is paid.

Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Miscellaneous
This Agreement will be governed by the laws of the United States and the state of New Jersey, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New Jersey, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.