Affiliate Agreement

This Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, "we" or "us" refers to Our Company, Inc. and "you" refers to the applicant. You must be 18 years of age or older to enter into this Agreement with us.

1. How Do I Enroll in Your Affiliate Program?
   
   To begin the enrollment process you must submit a completed Affiliate Program application. Upon receipt of your application we will evaluate it and notify you of its acceptance or rejection.
   
   If we accept your application and your site is later determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement at any time. We will not be liable to you for any costs, damages or lost profits as a result of our termination of this Agreement.
2. How Do I Link My Site Our Company.com?
   
   Once we notify you that your application has been accepted, we will make available to you banner advertisements, buttons and/or text links to our site. The links we may make available could be in the form of:
   
   
   • A logo that links your home page to ours
     
     
   • A banner ad that permits your readers to come to our site and subscribe
     
     
   These links will allow your visitors to enter our site and enable us to keep track of the sales you will earn if they purchase products from us. If we accept your application, we will provide you with instructions describing how to include and maintain links to our site. To permit accurate tracking, and reporting the links we provide you are in a special "tagged" link format, or "Tagged Links". You are responsible for ensuring that each of the links between your site and our site is a Tagged Link. You agree not to modify the Tagged Links in any way.
3. How are Customer Orders Processed?
   
   We will process orders placed by customers who enter our site via Tagged Links. We reserve the right to reject any orders that do not comply with our policies or conditions at the time of the order. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations and handle customer service. We will track sales made to customers who purchase using Tagged Links and will make available to you reports summarizing this sales activity. The form, content, frequency and method of delivery of the reports may vary from time to time in our sole discretion.
4. How Do I Get Paid?
   
   We will pay you when visitors from your site use the Tagged Link to purchase products from us. Referral fees are calculated based on a percent of the "Net Sales" from "Qualifying Purchases" made during a "Session". The percent is specified in referral fee schedules to be negotiated by you and us.
   
   "Qualifying Purchases" shall mean a purchase of a product offered on our site that meets the following criteria:
   
   The purchase must be completed on our site. The purchase must be made via a valid credit card. The purchase must be completed during a "Session" (defined below).
   
   "Session" shall mean the period beginning upon a visitor's entry to our site via a Tagged Link (regardless of whether the visitor leaves and then returns to the site) and ending 30 days thereafter if the visitor accepts "cookies" from our site (see explanation below).
   
   Note regarding Net Sales - Net Sales include only "accepted" sales. Orders entered for which payment is not made are not reported as sales.
   
   Note regarding "Cookies": To keep track of the Session, we use a small text file called a "cookie" that is placed on the hard drive of the visitor's computer. Some web browsers permit users to elect not to receive cookies. Only visitors who accept cookies can be tracked for referral fees. You understand that no referral fee can be paid for any purchase made by a visitor who does not accept "cookies" or who has deleted our "cookies" during a session.
5. How Much Do I Get Paid?
   
   We will pay you up a percentage of all sales and all subsequent sales depending upon the percentage negotiated (separate agreement) and it will be in writing for our mutual satisfaction.
6. Who Sets the Policies and Pricing for Customers?
   
   Customers who buy products through this Program will be deemed to be our customers. Accordingly, all rules, policies, and operating procedures concerning customer orders, customer service and subscription sales from and by Our Company.com will apply to those customers. Also, the terms, conditions and policies of our site will apply to the visitors' conduct and their rights and obligations while visiting our site. We have the right to change our policies and operating procedures at any time.
7. Ownership and License.
   
   We hereby grant you a limited, non-exclusive, nontransferable, non-sublicensable, revocable right to use the graphic images and text we are providing to you. We want to see your contents, ads, and other materials you use to market our services. We in turn promise to approve or disapprove any materials you submit within 24 hours of our receipt of said information.
8. You are Responsible for Your Site.
   
   Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
9. How Long is the Term of this Agreement?
   
   Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Upon the termination of this Agreement for any reason you will immediately remove from your website any links or association to our website. You are only eligible to earn referral fees on Qualifying Subscriptions occurring during the term, and referral 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 a reasonable time to ensure that the correct amount is paid.
10. Can this Agreement be Modified?
    
    This agreement can be modified by either party notifying the other party of the need for modification and then entering into negotiations for such modifications. Either or both parties always have the option of severing the agreement at will.
11. What is the Legal Nature of our Relationship?
    
    You and we are independent contractor. You will have no authority to make or accept any offers or representations on our behalf. By completing the application and by clicking on the "Agree" button below, you indicate your willingness to be bound by this Agreement.
12. Our Liability to You is Limited.
    
    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.
13. More "Fine Print"
    
    YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN OUR PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
    
    Notices to each other are effective if provided in writing to the postal addresses, electronically to the e-mail address set forth in the application or if posted on our website. Notice to us may be given in writing to ValueStockPlayers, Inc., 950 Ne 27th Ave, Pompano Beach, Fl 33062, Attention Affiliate Marketing Program; or by e-mail at [email protected]. This Agreement will be governed by the laws of the state of Florida without reference to rules governing choice of laws. Any action relating to this Agreement must be settled by arbitration in the state of Florida. 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 assignees. Our failure to enforce 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.