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******* Terms of Affiliate Agreement 05/16/2010 ******** Please read the agreement document below before registering. 1) Term of the Agreements: The term of this Agreement will begin upon our final 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 only eligible to earn referral fees on sales occurring during the term. To qualify as an retroink.com affiliate and to use the Service as an Advertiser and/or Affiliated Partner you must be at least 18 (eighteen) years of age. THE FOLLOWING TYPES OF WEBSITES MAY NOT PARTICIPATE IN OUR PROGRAM: ADULT ORIENTED SITES, SITES THAT DISPLAY ADULT BANNERS & PRODUCTS, SITES THAT ARE ILLEGAL, PROMOTE HATE, RACISM OR SITES THAT ARE LOCATED OUTSIDE THE U.S. 2) Payment: As an affiliate of retroink.com you will earn 10% per valid order. Plus, you can earn 15% second tier from sales generated by affiliates you refer. Private offers to affiliates with higher lead production. Commission payments are sent via PayPal by the 15th day of the following month. There is no monthly commission needed in order to issue a payment. All orders submitted will be encoded with your affiliate number and submitters IP address along with several embedded security features and will be verified by an associate of retroink.com before issuing credit to affiliates. Commissions are uploaded daily, however some data may take as long as 3 days to be fully verified. Account information will be available to view 24 hours a day by affiliate. ANY FRAUDULENT, DUPLICATED, OR ANY OTHER TYPE OF MISLEADING ORDERS SUBMITTED WILL BE DELETED AND NO CREDIT WILL BE GIVEN. WE ENFORCE A ZERO TOLERANCE NO SPAM POLICY. ANY AFFILIATE THAT ENGAGES IN AN MASS, BULK OR UNSCRUPULOUS SENDING OF EMAIL KNOWN AS SPAM TO PROMOTE OUR PROGRAM WILL BE TERMINATED AND ALL CREDITS EARNED TO DATE WILL BE LOST. PLEASE CONTACT FOODLANE.COM BEFORE SENDING LIMITED NEWSLETTER OR EZINE MARKETING WITH OUR PROGRAM. 3) 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. 4) 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 to this Agreement. 5) 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. 6) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Florida, 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 Sarasota, Florida, 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 to subsequently enforce such provision or any other provision of this Agreement.