Affiliate Agreement

To begin the enrollment process you must submit a completed Affiliate Program application.

We reserve the right to reject applications for any or no reason. For example, we may reject your application if we determine that your web site is unsuitable for the Program, including if it:

• Promotes sexually explicit materials
• Promotes violence
• Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promotes illegal activities
• Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law. Includes "mytimepeel.com" or variations or misspellings thereof in its domain name. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.

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 web 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.

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We will make available to you text links, banner advertisements and logos to our web site. These links will allow your visitors to enter our web site and enable us to keep track of the sales you may earn if they purchase a product from us. If we accept your application, we will provide you with instructions describing how to include and maintain links to our web 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 web site and our web site is a Tagged Link. You agree not to modify the Tagged Links in any way.

DO NOT place any links or banners on your web site linking to us until your application is APPROVED.

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We will process orders placed by customers who enter our web 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 returns and handle customer service. We will track sales made to customers who purchase using Tagged Links. You may not refer yourself through this affiliate program and you may not register yourself again under a secondary affiliate. You may refer your customers, but the customer's name and shipping address with us must be different than the affiliates name and address or the referral will be marked ineligible.

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We will pay you when visitors from your web 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 established by us.

"Net Sales" shall mean gross shipped sales from Qualifying Purchases less:

• Returns
• Postage, shipping and handling charges
• Sales, use or other like taxes

"Qualifying Purchases" shall mean a purchase of a product offered on our web site that meets the following criteria:

• The purchase must be completed on our web site. The purchase must be made via a valid credit card. No phone orders.
• The purchase must be completed during a "Session".
• "Session" shall mean the period beginning upon a visitor's entry to our web site via a Tagged Link (regardless of whether the visitor leaves and then returns to the web site) and ending 180 days thereafter if the visitor accepts "cookies" from our web site. (see explanation below)

Any Session in progress will automatically terminate upon the expiration or termination of this Agreement or upon the visitor deleting our cookie.

Note regarding Net Sales - Net Sales include only "shipped" sales. Orders entered for which the product does not ship 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 within the browser 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.

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All qualifying purchases have a 45 day grace period prior to payment. Once the grace period expires, payments are made on the 15th of every month. Minimum payout is $50. If your account has not earned $50, the balance will be carried over to the following months until your account has accumulated $50, then payment will be made as scheduled.

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 product sales from and by mytimepeel.com will apply to those customers. Also, the terms, conditions and policies of our web site will apply to the visitors' conduct and their rights and obligations while visiting our web site. We have the right to 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. Because product prices and availability may vary from time to time, we cannot permit you to include pricing or product descriptions on your web site independent of the materials we provide in the Links. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product. You are responsible for periodically visiting, reviewing and becoming familiar with the terms and conditions sections of the mytimepeel.com web site, which are incorporated into this Agreement.

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We hereby grant you a limited, non-exclusive, nontransferable, non-sub licensable, revocable right to use the graphic images and text we are providing to you solely for the purpose of creating links from your web site to ours. You may not modify the graphic image or text, or any other of our images, in any way, or engage in "site framing" or similar processes. We reserve all of our rights in the graphic image and text, any of our trade names, trademarks, domain names, copyrights trade dress and any other intellectual property rights. You agree to follow our guidelines for use of our trademarks, as those guidelines may change from time to time, in addition, you agree not to use our trademark in any search engine keyword optimization. We may revoke your license at any time by giving you written notice. You also agree that you shall use the Tagged Links only in order to link to our web site and to promote your ability to do so pursuant to this Agreement. You agree that you shall not present the Tagged Links or any images comprising them in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us.

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You will be solely responsible for the development, operation and maintenance of your web site and for all materials that appear on your web site. For example, you will be solely responsible for:

• The technical operation of your web site and all related equipment
• posting and maintaining links to our web site
• The accuracy and appropriateness of materials posted on your web site
• Ensuring that materials posted on your web 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 web site are not libelous or otherwise illegal. We disclaim all liability for these matters. 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 web site.

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The term of this Agreement will begin upon our acceptance of your 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 notice of termination in accordance with the notice provision of this Agreement. Upon the termination of this Agreement for any reason you will immediately cease use of, and remove from your web site, all links to our web site, and all Timepeel or mytimepeel.com trademarks, trade dress and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are only eligible to earn referral fees on Qualifying Purchases 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.

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 web 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 THREE DAYS AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR WEB SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

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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 web site or otherwise, that reasonably would contradict anything in this Section. This is a binding contract between you and us. By completing the application and by clicking on the "Agree" button below, you indicate your willingness to be bound by this Agreement.

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.

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The following rules apply to mytimepeel.com customers with respect to (a) email that contains mytimepeel.com served and/or tracked link, (b) email that directs recipient to a mytimepeel.com served and/or tracked link, (c) email sent to mytimepeel.com and/or other members of the mytimepeel.com network:

• No misleading headers or other masking of email origin - An email may not include falsification of header information, false registrations for email accounts or IP addresses used in connection with email ads, and retransmissions of an email ad for the purpose of concealing its origin. A subject heading of the message likely would mislead a reasonable recipient as to the contents or subject matter of the message.
• Email ads must contain clear identification - Messages containing advertisements or solicitations must identify itself as such, and do so by "clear and conspicuous" means. Further, the sender must identify itself as the initiator and sender of the email including company name, email and physical address and phone number. As a member of the mytimepeel.com affiliate program, customers agree to comply with all laws. Accordingly, mytimepeel.com and its customers are not procuring or inducing any other customer or third party to promote or allow the promotion of mytimepeel.com in violation of the CAN-SPAM Act of 2003. Neither mytimepeel.com nor the person, whose goods or services are contained in a link served by mytimepeel.com, whether such link is in an email or the email recipient is directed to such link, shall be considered to have initiated such an email or to have been the sender of such an email.
• Effective method of opt out of future mailings - Senders of emails covered by the Act must give recipients an effective means of requesting not to receive future email ads from that sender. Effective means include:

(a)	giving the recipient the ability to send a reply message or other "Internet-based communication" (such as a link to a web site where the recipient registers it opting) enabling the recipient to opt out of future emails from the sender,
(b)	keeping the opt out means used viable for at least 30 days after the original message is sent, and
(c)	ceasing transmission of email ads to that recipient no later than 10 business days after receipt of an opt out request.



• No sale or transfer of opted out email addresses - Email senders, or any other person who is aware of an opt out request, are generally prohibited from selling or otherwise transferring email addresses of persons who have opted out.
• No sexually oriented material in email messages - Emails that contain sexually oriented material may not include a mytimepeel.com served and/or tracked link or direct the recipient to a mytimepeel.com served and/or tracked link.
• No random generation of email addresses - You are responsible for knowing the source of your email list. No list and emailing may contain email addresses obtained by the use of a program for random generation of email addresses, and/or "scraping" web sites or online services.
• No invalid email account generation - Senders may not use scripts or other automated means to register for multiple email accounts or online user accounts from which to transmit emails.
• No unlawful retransmission of emails - Senders are prohibited from relaying or retransmitting emails from a computer or computer network that was accessed without authorization.

Any affiliate that is a sender of an email that is in violation of the above rules and/or any law or regulation is required to indemnify and hold mytimepeel.com harmless due to the sender's act or omission in sending the email.

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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 web site or the links or Tagged Links will be uninterrupted or error-free, or will not be re-routed or "black holed." As a result, we might temporarily be unable to capture information regarding Tagged Links. We will not be liable for the consequences of any such interruptions or errors. The Program is intended for commercial use only. 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 OR MAINTAIN AFFILIATES 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.

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By clicking the Sign Up Now button below states you have read,
understand and agree with this agreement.