Agreement Term of Agreement: The term of this agreement will begin upon our acceptance of your Affiliate 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 eligible to earn referral fees only on sales occurring during the term. 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 this site. Modifications may include, for example, changes in the scope of available referral fees, 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. Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data 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. 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 own 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. SPAM: This Company has a zero tolerance policy for SPAM. Any affiliate accused of SPAMming will be suspended immediately while the Company, in its sole discretion, determines the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed to you. If, as a result of your SPAM, the Company suffers damages of any kind, including loss of business, it may seek redress in court, and you agree to pay the Company's legal expenses in full. Commissions: A commission will be credited to an affiliate only after the customer has made full payment to the Company. If a customer later requests a refund, or a chargeback is issued by the credit card Company, any commissions that were credited to first and second tier affiliates will be deducted from the next monthly payment. If there is no payment or insufficient payment due that month, the affiliate will be billed and hereby agrees to be bound by law to reimburse the Company in full for any such commissions. The Company will pay affiliates 30 days after the end of the month during which commissions were earned. This will allow for most returns, if any. You will be able to see on your screen the amount payable to you at any time. If commissions earned during any calendar month are less than US$20, the Company may hold those commissions until the month in which the total amount due is at least US$20. In the case of overseas affiliates who may be subject to high fees per banking transaction, we will withhold payment until such time as a higher limit stipulated by you is reached. Commissions earned but not yet paid will be held in a separate account until paid and will not be commingled with the Company's funds. Tracking of sales: The Company will be responsible for tracking sales using sophisticated software (from KowaBunga! Technologies) that communicates with encoded URLs assigned to affiliates. Tracking of customers will be by cookie and by customer ID. The Company will do its best to ensure accurate tracking of referrals sent by affiliates, but the Affiliate hereby acknowledges and accepts that no tracking system employed by the Company can be 100% failsafe and that there may be instances of referral sales made that are not credited to the Affiliate for any of the following possible reasons: Failure by the Affiliate to use the proper format of the specially assigned URL in promotions, web page links, banner ads, text links, and so on Deliberate or accidental actions by customers to circumvent an Affiliate's special URL so that our software is unable to accurately track that sale Bugs, glitches or crashes of the tracking software that render it unable accurately to track sales for a period of time Acts of nature that cause irretrievable data loss on the computers and back-up tape or disk media that store the commission information As such, Affiliates will not hold the Company liable to compensate for any claimed commissions that were not recorded by the tracking software. That having been said, if an affiliate is able to show to the Company's satisfaction concrete evidence that he or she referred a sale, commissions will be paid on said sale. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. (For complete details of the tracking and other software we use, see http://www.MyAffiliateProgram.com.) Responsibility for your site: You will be solely responsible for the development, operation and maintenance of your site, and for all materials that appear on your site. For example, you will be solely responsible for: The technical operation of your site and all related equipment The accuracy and appropriateness of all materials posted on your site (including, among other things, all product-related materials) Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) Ensuring that materials posted on your site are not libelous or otherwise illegal. We disclaim all liability for these matters. Further, you will indemnify us and hold us harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site. 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. So that we may measure more accurately how many true affiliates we have, you must record a minimum of one sale in a 12-month period. If you fail to do that, you will cease to enjoy the privileges of being an affiliate, and will be removed from our list of active affiliates. In recognition of the fact that there could be extenuating circumstances such as illness, if they are explained in an email addressed to tremayne@estatemanual.com consideration may be given to extending the 12-month period. Our Responsibilities: We will be responsible for providing all information necessary to allow you to make appropriate links from your site to our site. We will be solely responsible for processing every order placed by a customer following a link from your site, and for providing information to you regarding sales and other statistics. Also, we will be responsible for credit card authorizations, payment processing, cancellations, returns, and related customer service. Further, we accept the responsibility of providing assistance, materials and counseling to you to assist you to be successful as our affiliate. Enrollment in the Program: To begin the enrollment process, you will submit an application via our site. We will evaluate that application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Your site should: Generate sufficient traffic Attract a customer base that may be interested in the more human side of estate planning Not promote sexually inappropriate materials Not promote violence Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age Not promote illegal activities Not violate intellectual property rights of the company or others 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 (as our sole discretion) to be unsuitable for the Program, we may terminate this agreement. All commissions earned but not paid to that date will be paid to you. Exclusivity: This Agreement does NOT include an exclusivity clause. You are free to act as an affiliate for other companies. Miscellaneous: This Agreement will be governed by the laws of Canada and the Province of Nova Scotia without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or provincial courts located in Halifax, Nova Scotia, 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 be 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 subsequently to enforce such provision or any other provisions of this Agreement. I have read and agree to be bound by the terms of this Agreement