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AFFILIATE AGREEMENT


PLEASE READ THE ENTIRE AGREEMENT.


YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.


THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WODFitters


BY SUBMITTING THE ONLINE APPLICATION YOU

ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS

AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM

AND CONDITION.




1. Overview






This Agreement contains the complete terms

and conditions that apply to you becoming an affiliate in WODFitter's

Affiliate Program. The purpose of this Agreement is to allow HTML linking

between your web site and the WODFitters.com web site. Please note that

throughout this Agreement, "we," "us," and "our"

refer to WODFitters, and "you," "your," and

"yours" refer to the affiliate.






2. Affiliate Obligations






2.1. To begin the enrollment process, you

will complete and submit the online application at the Refersion server. The

fact that we auto-approve applications does not imply that we may not

re-evaluate your application at a later time. We may reject your application at

our sole discretion. We may cancel your application if we determine that your

site is unsuitable for our Program, including if it:






2.1.1. Promotes sexually explicit

materials 



2.1.2. Promotes violence 



2.1.3. Promotes discrimination based on race, sex, religion, nationality,

disability, sexual orientation, or age



2.1.4. Promotes illegal activities 



2.1.5. Incorporates any materials which infringe or assist others to infringe

on any copyright, trademark or other intellectual property rights or to violate

the law 



2.1.6. Includes "WODFitters" or variations or misspellings thereof

in its domain name 



2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,

obscene, harassing, or racially, ethnically or otherwise objectionable to us in

our sole discretion. 



2.1.8. Contains software downloads that potentially enable diversions of

commission from other affiliates in our program. 



2.1.9. You may not create or design your website or any other website that you

operate, explicitly or implied in a manner which resembles our website nor

design your website in a manner which leads customers to believe you are WODFitters or any other affiliated business.






2.2. As a member of WODFitters’ Affiliate Program, you will have access to Affiliate Account Manager. Here you

will be able to review our Program’s details and previously-published affiliate

newsletters, download HTML code (that provides for links to web pages within

the WODFitters web site) and banner creatives, browse and get tracking

codes for our coupons and deals. In order for us to accurately keep track of

all guest visits from your site to ours, you must use the HTML code that we

provide for each banner, text link, or other affiliate link we provide you

with.






2.3. WODFitters reserves the right,

at any time, to review your placement and approve the use of Your Links and

require that you change the placement or use to comply with the guidelines

provided to you.






2.4. The maintenance and the updating of

your site will be your responsibility. We may monitor your site as we feel

necessary to make sure that it is up-to-date and to notify you of any changes

that we feel should enhance your performance.






2.5. It is entirely your responsibility to

follow all applicable intellectual property and other laws that pertain to your

site. You must have express permission to use any person's copyrighted

material, whether it be a writing, an image, or any other copyrightable work.

We will not be responsible (and you will be solely responsible) if you use

another person's copyrighted material or other intellectual property in

violation of the law or any third party rights.






3. WODFitters Rights and Obligations






3.1. We have the right to monitor your site

at any time to determine if you are following the terms and conditions of this

Agreement. We may notify you of any changes to your site that we feel should be

made, or to make sure that your links to our web site are appropriate and to

notify further you of any changes that we feel should be made. If you do not

make the changes to your site that we feel are necessary, we reserve the right

to terminate your participation in the WODFitters Affiliate Program.






3.2. WODFitters reserves the right to

terminate this Agreement and your participation in the WODFitters

Affiliate Program immediately and without notice to you should you commit fraud

in your use of the WODFitters Affiliate Program or should you abuse this

program in any way. If such fraud or abuse is detected, WODFitters shall

not be liable to you for any commissions for such fraudulent sales.






3.3. This Agreement will begin upon our

acceptance of your Affiliate application, and will continue unless terminated

hereunder.






4. Termination






Either you or we may end this Agreement AT

ANY TIME, with or without cause, by giving the other party written notice.

Written notice can be in the form of mail, email or fax. In addition, this

Agreement will terminate immediately upon any breach of this Agreement by you.






5. Modification






We may modify any of the terms and

conditions in this Agreement at any time at our sole discretion. In such event,

you will be notified by email. Modifications may include, but are not limited

to, changes in the payment procedures and WODFitters's Affiliate Program

rules. If any modification is unacceptable to you, your only option is to end

this Agreement. Your continued participation in WODFitters's Affiliate

Program following the posting of the change notice or new Agreement on our site

will indicate your agreement to the changes.






6. Payment






WODFitters uses a third party to

handle all of the tracking and payment. The third party is the Refersion

affiliate network. Kindly review the network’s payment terms and conditions. 

WODFitters has a minimum payout threshold of $50. Any commission amount due that is below $50 will not be paid out until 

the minimum payout threshold is reached.






7. Access to Affiliate Account Interface






You will create a password so that you may

enter Refersion’s secure affiliate account interface. From their site you will

be able to receive your reports that will describe our calculation of the

commissions due to you.






8. Promotion Restrictions






8.1. You are free to promote your own web

sites, but naturally any promotion that mentions WODFitters could be

perceived by the public or the press as a joint effort. You should know that

certain forms of advertising are always prohibited by WODFitters. For

example, advertising commonly referred to as "spamming" is

unacceptable to us and could cause damage to our name. Other generally

prohibited forms of advertising include the use of unsolicited commercial email

(UCE), postings to non-commercial newsgroups and cross-posting to multiple

newsgroups at once. In addition, you may not advertise in any way that

effectively conceals or misrepresents your identity, your domain name, or your

return email address. You may use mailings to customers to promote WODFitters

so long as the recipient is already a customer or subscriber of your services

or web site, and recipients have the option to remove themselves from future

mailings. Also, you may post to newsgroups to promote WODFitters so long

as the news group specifically welcomes commercial messages. At all times, you

must clearly represent yourself and your web sites as independent from WODFitters.

If it comes to our attention that you are spamming, we will consider that cause

for immediate termination of this Agreement and your participation in the WODFitters

Affiliate Program. Any pending balances owed to you will not be paid if your

account is terminated due to such unacceptable advertising or solicitation.






8.2. Affiliates that among other keywords

or exclusively bid in their Pay-Per-Click campaigns on keywords such as WODFitters, WODFitters.com, and/or any misspellings

or similar alterations of these – be it separately or in combination with other

keywords – and do not direct the traffic from such campaigns to their own

website prior to re-directing it to ours, will be considered trademark

violators, and will be banned from WODFitters’s Affiliate Program. We

will do everything possible to contact the affiliate prior to the ban. However,

we reserve the right to expel any trademark violator from our affiliate program

without prior notice, and on the first occurrence of such PPC bidding behavior.






8.3. Affiliates are not prohibited from keying

in prospect’s information into the lead form as long as the prospects’

information is real and true, and these are valid leads (i.e. sincerely

interested in WODFitters’s service).






8.4. Affiliate shall not transmit any

so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping

Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping

Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time

the consumer clicks on a qualifying link until such time as the consumer has

fully exited WODFitters’s site (i.e., no page from our site or any WODFitters’s

content or branding is visible on the end-user’s screen). As used herein a.

“Parasiteware™” and “Parasitic Marketing” shall mean an application that (a)

through accidental or direct intent causes the overwriting of affiliate and non

affiliate commission tracking cookies through any other means than a customer

initiated click on a qualifying link on a web page or email; (b) intercepts

searches to redirect traffic through an installed software, thereby causing,

pop ups, commission tracking cookies to be put in place or other commission

tracking cookies to be overwritten where a user would under normal

circumstances have arrived at the same destination through the results given by

the search (search engines being, but not limited to, Google, MSN, Yahoo,

Overture, AltaVista, Hotbot and similar search or directory engines); (c) set

commission tracking cookies through loading of WODFitters site in

IFrames, hidden links and automatic pop ups that open WODFitters’s site;

(d) targets text on web sites, other than those web sites 100% owned by the

application owner, for the purpose of contextual marketing; (e) removes,

replaces or blocks the visibility of Affiliate banners with any other banners,

other than those that are on web sites 100% owned by the owner of the

application.






9. Grant of Licenses






9.1. We grant to you a non-exclusive,

non-transferable, revocable right to (i) access our site through HTML links

solely in accordance with the terms of this Agreement and (ii) solely in

connection with such links, to use our logos, trade names, trademarks, and

similar identifying material (collectively, the "Licensed Materials")

that we provide to you or authorize for such purpose. You are only entitled to

use the Licensed Materials to the extent that you are a member in good standing

of WODFitters's Affiliate Program. You agree that all uses of the

Licensed Materials will be on behalf of WODFitters and the good will

associated therewith will inure to the sole benefit of WODFitters.






9.2. Each party agrees not to use the

other's proprietary materials in any manner that is disparaging, misleading,

obscene or that otherwise portrays the party in a negative light. Each party

reserves all of its respective rights in the proprietary materials covered by

this license. Other than the license granted in this Agreement, each party

retains all right, title, and interest to its respective rights and no right,

title, or interest is transferred to the other.






10. Disclaimer






WODFitters MAKES NO EXPRESS OR

IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING WODFitters SERVICE AND

WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES

OF WODFitters ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO

REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR

FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.






11. Representations and Warranties






You represent and warrant that:






11.1. This Agreement has been duly and

validly executed and delivered by you and constitutes your legal, valid, and

binding obligation, enforceable against you in accordance with its terms;






11.2. You have the full right, power, and

authority to enter into and be bound by the terms and conditions of this

Agreement and to perform your obligations under this Agreement, without the

approval or consent of any other party;






11.3. You have sufficient right, title, and

interest in and to the rights granted to us in this Agreement.






12. Limitations of Liability






WE WILL NOT BE LIABLE TO YOU WITH RESPECT

TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT,

STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT,

INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT

LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST

BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT,

IN NO EVENT SHALL WODFitters'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF

OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT

LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION

FEES PAID TO YOU UNDER THIS AGREEMENT.






13. Indemnification






You hereby agree to indemnify and hold

harmless WODFitters, and its subsidiaries and affiliates, and their

directors, officers, employees, agents, shareholders, partners, members, and

other owners, against any and all claims, actions, demands, liabilities,

losses, damages, judgments, settlements, costs, and expenses (including

reasonable attorneys' fees) (any or all of the foregoing hereinafter referred

to as "Losses") insofar as such Losses (or actions in respect

thereof) arise out of or are based on (i) any claim that our use of the

affiliate trademarks infringes on any trademark, trade name, service mark, copyright,

license, intellectual property, or other proprietary right of any third party,

(ii) any misrepresentation of a representation or warranty or breach of a

covenant and agreement made by you herein, or (iii) any claim related to your

site, including, without limitation, content therein not attributable to us.






14. Confidentiality






All confidential information, including,

but not limited to, any business, technical, financial, and customer

information, disclosed by one party to the other during negotiation or the effective

term of this Agreement which is marked "Confidential," will remain

the sole property of the disclosing party, and each party will keep in

confidence and not use or disclose such proprietary information of the other

party without express written permission of the disclosing party.






15. Miscellaneous






15.1. You agree that you are an independent

contractor, and nothing in this Agreement will create any partnership, joint

venture, agency, franchise, sales representative, or employment relationship

between you and WODFitters. 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 any other of Your Site or otherwise, that reasonably

would contradict anything in this Section.






15.2. Neither party may assign its rights

or obligations under this Agreement to any party, except to a party who obtains

all or substantially all of the business or assets of a third party.






15.3. This Agreement shall be governed by

and interpreted in accordance with the laws of the State of New York without

regard to the conflicts of laws and principles thereof.






15.4. You may not amend or waive any

provision of this Agreement unless in writing and signed by both parties.






15.5. This Agreement represents the entire

agreement between us and you, and shall supersede all prior agreements and

communications of the parties, oral or written.






15.6. The headings and titles contained in

this Agreement are included for convenience only, and shall not limit or otherwise

affect the terms of this Agreement.






15.7. If any provision of this Agreement is

held to be invalid or unenforceable, that provision shall be eliminated or

limited to the minimum extent necessary such that the intent of the parties is

effectuated, and the remainder of this agreement shall have full force and

effect.