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1) Term of the 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 only eligible to earn referral fees on sales occurring during the term.

2) Commissions

Whenever someone orders through your Affiliate link, you will automatically be sent an e-mail notice. You can also check your commission status and web traffic stats online at any time.

Commissions on MyPhotoZip™ will be paid at the rate of 20% on the First Tier and 10% on the Second Tier.

3) Payment Date

Commission checks are sent out on or before the 20th of the month for all sales made during the preceding month. For example, commissions for sales made during May will be sent out on or before the 20th of June.

Commissions under $25 are held over until the following month or until such time as the commission equals or exceeds this amount.

Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected for any reason.

We are not responsible for paying interest to Affiliates for accrued but not yet delivered Commission payments.

4) Charge backs

If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the Affiliate. If a commission has already been paid, then it will be deducted from an active Affiliate's future commissions.

All commissions are paid in US Dollars by bank draft and written on the eCom eCom Inc account.

5) SPAM

We will not tolerate the sending of unsolicited bulk emails which promote, or make reference to MyPhotoZip™, eCom eCom Inc, or any of its associated companies, partners, or employees. Any Affiliate who, in our opinion, breaches this ruling will have their Affiliate status cancelled and any outstanding commissions will be forfeited.

6) Privacy

The undertakings specified in our Security and Privacy Policy will also apply to Affiliates. In addition ...

To prevent SPAM by unscrupulous Affiliates, and to protect their own privacy, your customers' and sub-affiliates' details will not be made available to you, except those which are included in your automatic emailed notice of sales made through your Affiliate URL.

7) Unprofessional conduct

eCom eCom Inc, MyPhotoZip™ and its associated companies, operate with the strictest codes of professional conduct. Any Affiliate who brings The Company or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Affiliate status cancelled and any outstanding commissions will be forfeited.

We reserve the right to reject any Affiliate application if in our opinion, that person or company violates established laws or commonly held standards of decency. For example ...

We will reject applications from any person or company that promotes any form of violence, sexually explicit or adult oriented activities, illegal activities, or from applicants who we prefer not to be associated with.

8) Rights to modify agreement

eCom eCom Inc and its associated companies may, in good faith, modify any of the terms and conditions contained in this Agreement (including the Affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on its Web site.

The Affiliate's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Affiliate of the change.

If any modification to this Agreement is not acceptable to the Affiliate, its only recourse is to terminate this Agreement. Upon termination of this agreement, the former Affiliate must remove all Affiliate links and graphics from its web site, and refrain from publishing same in any manner whatsoever.

9) Income Tax liabilities

You must understand and agree that you are acting as an independent contractor and as such will be responsible for your own Income Taxes and any other tax liabilities that affect the sales of our products in your state or location.

10) 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 Palm Beach County, 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.

11) 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.

12) 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 Websites which are similar to, or compete with your Website. 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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