Jomonex Trading Limited Marketing Program Agreement
Please read to the bottom to proceed

This Agreement contains the complete terms and conditions that apply to your participation as a member of the Big Clicks Marketing Program (the "Program") operated by Jomonex Trading Limited. (hereinafter, "Company," "we" or "us). As used in this Agreement, "you" or "your" means the applicant/participating Webmaster.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS DOCUMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS MARKETING PROGRAM AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. YOU CANNOT BECOME A MEMBER OF THE MARKETING PROGRAM UNLESS YOU HAVE ACCEPTED EACH AND EVERY TERM OF THIS AGREEMENT.

1. Definitions.

• 1.1 The term 'Creative(s)' shall mean banners, buttons, skyscrapers, text links and any other such graphics provided to you by Company with respect to your participation in this Program.
  
  
• 1.2 The term 'Complete Purchase' shall mean a complete and successful purchase by a consumer of a product or service that is promoted through the Big Clicks affiliate program. The following will not be considered Complete Purchases: 1.) The consumer aborts a purchase anytime before completion, even if their credit card information has been entered, 2.) The credit card information is not verified, is rejected or otherwise is not processed, for any reason, by Company and 3.) All the steps of the purchase process are not completed, such as, certain personal information is not entered, required fields are missing or for any other such applicable reason.
  
  
• 1.3 The term 'Deduction(s) shall mean any deductions and/or amounts subtracted from commission payments due you, including, without limitation, chargebacks (a reversal of a sales transaction resulting when a consumer successfully disputes a charge posted to their account, in addition to any fines and/or fees assessed in processing the chargeback), credits (a reversal of a sales transaction issued voluntarily by the Company, issued by the Company as instructed by a Bank or other third-party entity and/or issued by an Issuing Bank, in addition to any fines and/or fees assessed in processing the credit), processing costs (all Bank and/or Credit Card fees, fines and reserves) or Commissions that result from consumer using a pre-paid debit card.
  
  
• 1.4 The term 'Product' shall mean the product or service offered by Company either via download, subscription, or other purchase means, at Company's sole discretion.
  
  
• 1.5 The terms 'UBE' or 'Spam' refers to the transmission of unsolicited bulk e-mails, i.e., not derived from a verifiable opt-in program or sent absent a prior business relationship with the recipient
  
  
• 1.6 The term 'Webmaster' shall mean the owner/operator of a Website that refers customers from their Website to a Big Clicks product.

2. Program Enrollment.

• 2.1 The COMPANY offers an opportunity for owners/operators of Internet Websites ("Webmasters") to direct traffic to its products or websites and earn a commission each time a visitor purchases a participating COMPANY Product.
  
  
• 2.2 To begin the enrollment process, you will submit a completed Marketing Program Application through our Website http://www.bigclicks.com. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We will reject your application if we determine that you have provided inaccurate or incomplete signup information, determine that you are under 18 years of age (21 in some States) or determine, at our sole discretion, that your site is unsuitable for the Marketing Program for any reason, including, but not limited to, the following: Your site incorporates /images or content that is defamatory, obscene, harassing or otherwise objectionable; your site participates in or facilitates illegal activity, including fraud or misrepresentation, promotes violence, promotes or assists others in promoting copyright or trademark infringement or infringes upon the privacy or publicity rights of others (collectively, "Content Restrictions"). You must be at least eighteen (18) years of age (or older if legal age of majority in your State is more than 18) to participate in this Program.
  
  
• 2.3 If we approve your participation, you will receive an e-mail confirming acceptance of your application. This e-mail will provide you with important account information, including a unique Webmaster tracking code. You must embed this unique Webmaster tracking code in all creatives/codes used for promoting. You will be not credited if you do not use your unique Webmaster tracking code, exactly as it is provided to you.
  
  
• 2.4 During the registration process, you will be asked to enter a username and password. Please keep a record of this username and password, as you will need it in order to access your account statistics. You may access your account statistics via the login hyperlink and entering your username and password. You can access the login hyperlink from Company's website. Account statistics will be updated periodically.

3. Utilizing Links on Your Site.

• 3.1 As a Webmaster of COMPANY ("Webmaster"), you may use any form of promotion you choose, consistent with the terms of this Agreement (note: "Per Unique" commission program Webmasters may only use creatives supplied by COMPANY). You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you cannot employ deceptive language or misleading URL's in the Links, and you CANNOT PROMOTE BIG CLICKS PRODUCT BY SENDING UNSOLICITED BULK E-MAILS (UBE). As used herein, UBE, or "Spam" refers to the transmission of unsolicited bulk e-mails, i.e., not derived from a verifiable opt-in program or sent absent a prior business relationship with the recipient. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Marketing Program and the forfeiture of monies otherwise due you hereunder. (For further guidelines on this topic, please see Section 5, below.)
  
  
• 3.2 Allowable promotional links may contain COMPANY's trade names, service marks, and/or logos for display on your Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Site for the sole and exclusive purpose of promoting Websites owned, operated or controlled by COMPANY. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.

4. Commissions.

• 4.1 Your commission shall be earned on each "purchase" which occurs when a user elects to purchase a product, enters their credit card billing and personal information and their credit card transaction is completed. Pay periods are one week in length, beginning on Monday and ending on the following Sunday. Payements will made one week after the end of a pay period. Each join will earn a commission according to the number of purchases that you generate at the end of each reporting period. Payment will be sent from Mega Traffic.
  
  
• 4.2. Commissions shall be paid on a weekly basis, except that commissions must reach a minimum of one hundred dollars ($100.00) before a payment will be issued. All payments will be made by check, Epassporte or wire transfer in U.S. dollars. All commissions will be calculated per site per period.
  
  
• 4.3 Bonus Payouts: Only traffic sent to the first page of a Big Clicks Website through valid linking code is eligible for "bonus" payouts. $100 Joins will be paid On every 5th join you send daily.
  
  
• 4.4 Webmaster Referral Program: BigClicks.com offers its Webmasters the opportunity to earn commissions from referred Webmasters' consumer purchase counts. COMPANY will credit the parent Webmaster's account a 5% commission for each purchase a referred Webmaster sends to Big Clicks products and services. The referral commission shall only be valid for Webmasters that send traffic to the first page of a bigclicks.com Website through a valid linking code. The referral commission DOES NOT apply to "$100 Join promotion" or any other bonus payouts.
  
  
• 4.5 Commission Deductions and Commission Disputes.
  Company, exclusively, will track all commissions earned. Company will subtract any and all necessary and applicable Deductions, as defined above, from any and all commission payments due to you. By accepting this Agreement and participating in the Program, you agree to that any and all commissions earned will be subject to Deductions, as defined above, and these Deductions will not be subject to any dispute by you. You further acknowledge that the Deductions may increase or decrease, depending on varying processing costs incurred by Company and other such applicable costs. You further acknowledge that you will have no right to audit or otherwise inspect Company's records, and all payments made to you by Company will be final and indisputable.
  
  
• 4.6 Webmaster/Site Owner Obligations: You are required to enter a Federal Tax ID or Social Security Number on the registration form. COMPANY will register a 1099 for all U.S. domestic entities or a 1042-s for all foreign entities to which we issue combined yearly payments of $600.00 or more.
  
  
• 4.7 Webmaster will not receive commissions for customers that purchase the product by using pre-paid debit cards.

5. Acceptable Use Policy ("AUP") Regarding BULK E-MAILINGS.

• 5.1 We allow Webmasters to market Websites promoted through this Marketing Program through the transmission of e-mails. However, it is extremely important that any such mass e-mailings by you conform to our policies. Moreover, you need to be aware of the fact that many Internet service providers ("ISP's) have their own standards and policies when it comes to mass mailings to their members. By way of example, please familiarize yourself with AOL's policy, as most mass mailings will reach at least some, and potentially many, AOL members (e.g., --------@aol.com) http://postmaster.info.aol.com/guidelines/bulk_email.html.
  
  
• 5.2 The marketing of Websites promoted by this Program through the transmission of unsolicited bulk email is STRICTLY PROHIBITED. In other words, you must have a prior business relationship with the e-mail recipient, including but not limited to having obtained their e-mail address through a verifiable opt-in procedure. We strongly encourage you to maintain electronic records of the manner in which you obtain e-mail addresses for use in mailings. If we receive a complaint from a person who received a promotional e-mailing from you, you will need to demonstrate to us that such person did not receive unsolicited bulk e-mail from you.
  
  
• 5.3 You are STRICTLY PROHIBITED from transmitting e-mail that makes use of or contains invalid or forged headers, invalid or non-existent domain names or other means of deceptive addressing ("counterfeit e-mail").
  
  
• 5.4 You are STRICTLY PROHIBITED from transmitting e-mail that is relayed from any third party's mail servers without the permission of that third party, or which employs similar techniques to hide or obscure the source of the e-mail.
  
  
• 5.5 The transmission of unsolicited bulk e-mail, including the transmission of counterfeit e-mail, may result in civil and criminal penalties against the sender under applicable federal and/or state law.
  
  
• 5.6 We do NOT authorize the harvesting or collection of screen names from any ISP service for the purpose of sending unsolicited e-mail, and will terminate without pay any Webmaster determined to have transmitted bulk emails advertising any Websites marketed through this Marketing Program to lists gathered by such methods. Should we determine, in our sole discretion, that you have violated this AUP you will be terminated immediately, will be ineligible to sign up for another account, will not be paid for any traffic or subscriptions generated prior to the date of termination; and your registration information may be turned over to complaining parties (including any ISP requesting such information).
  
  
• 5.7 If you believe you are the recipient of unsolicited bulk e-mail from a person or company advertising websites under this Marketing Program, please send your UBE complaint to COMPANY. The best way to do this is by forwarding the offending e-mail to webmaster@bigclicks.com. If you cannot forward the UBE, you may e-mail it to webmaster@bigclicks.com. In either case, please include your name, address, telephone number and any information you may have about the identity of the person or entity that sent the UBE to you. (You may be able to collect information about the sender from the e-mail itself, for instance, by examining the e-mails "header," by examining the web page or by running a "whois" query against the web page domain).

6. Non-Exclusive Limited License and Use of Webmaster Logos and Trademarks.

• 6.1 You grant Company a non-exclusive license to utilize your names, titles, logos, and trademarks (collectively the "Webmaster Trademarks"), to advertise, market, promote and publicize in any manner our rights under this Agreement. Notwithstanding the above we shall not be required to so advertise, market, promote or publicize.
  
  
• 6.2 You hereby represent and warrant that you are the sole and exclusive owner of the Webmaster Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

7. Responsibility for Your Site.

• 7.1 You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. You are not an agent of COMPANY and we shall have no responsibility for the development, operation and maintenance of your site or for any materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, rights of privacy, or other personal or proprietary rights), and for ensuring that materials posted on your site are not libelous or otherwise illegal.
  
  
• 7.2 You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
  
  
• 7.3 In addition to the foregoing, we will immediately terminate your participation in the Program without payment if we believe you have engaged in any of the following:
  
  
  • a. Dissemination of unsolicited bulk E-mail, Instant Messages, Chatroom, Newsgroup, ICQ or IRC postings or any other forms of SPAM;
    
    
  • b. Promoting or dealing in content such as: warez, passwords, MP3, bestiality, rape, child pornography, violence, or any other illegal activity. This includes use of prohibited content in hidden meta tags, text, links, graphic(s) or any HTML;
    
    
  • c. Attempting to mislead or defraud Company in any way;
    
    
  • d. Directing traffic by using a misleading domain name on the Internet that may either deceive a person into viewing material that is obscene in nature or deceive a minor into viewing material that is harmful to minors on the Internet;
    
    
  • e. Promoting our products on signup pages that are not hosted by the company.
    
    
  • f. Providing incorrect or incomplete account information;
    
    
  • g. Generating hits or signups as a requirement to enter or obtain access to goods or services on your (or someone else's) web site;
    
    
  • h. Engaging any sort of mechanism or effort that falsely generates hits or signups, including signups by the Affiliate. If you wish to perform a test signup you must first E-mail webmaster@bigclicks.com;
    
    
  • i. Violating or infringing any rights of any person or entity, including without limitation, any copyrights, trademark rights, patent rights, rights of publicity, privacy rights or any other intellectual, personal or property right violation or infringement;
    
    
  • j. Cheating or defrauding any other affiliate program or sponsor;
    
    
  • k. Hosting on non-adult free hosts that do not permit adult content. This includes (but is not limited to) Geocities, Angelfire, Tripod, Xoom, CJB.net, or Hypermart;
    
    
  • l. Misrepresenting our site(s) in any manner, including but not limited to, misrepresenting the cost of membership, terms of membership, or content contained within our site(s);
    
    
  • m. Misusing our site Terms and Conditions, including but not limited to, instructing the member to signup and cancel is also not permitted in any way, shape or form;
    
    
  • n. Hijacking traffic; Use of Adware or Spyware;
    
    
  • o. You operate from a foreign country for which COMPANY will not accept accounts, which include:
    Albania, Armenia, Azerbaijan, Belarus, Brazil, Bulgaria, China, Cost Rica, Croatia, Czech Republic, Estonia, Georgia, Hungary, India, Indonesia, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea, Kyrgyzstan, Latvia, Lithuania, Malaysia, Moldova, Pakistan, Philippines, Romania, Russia, Singapore, Slovakia, Slovenia, Syria, Taiwan, Tajikistan, Thailand, Turkey, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan and Yugoslavia.

WE EXPECT AND DEMAND - THAT YOU ACT WITH THE HIGHEST ETHICAL STANDARDS UNDER THIS AGREEMENT

8. Procedures Relating to Alleged or Actual Third Party Rights Infringement by a Participating Webmaster.

• 8.1 Upon receipt of a proper notice of alleged copyright, trademark, service mark or publicity rights violation by your participating Website, we will notify you and ask that you provide written documentation of your right to use the allegedly infringing material in your Website. That documentation must consist of: (a) a license of the rights; (b) written consent from the rights holder or their agent; or (c) a written statement from you or your attorney (in either email or fax form) explaining your claim of lawful right, or a legal defense, to display the allegedly infringing material.
  
  
• 8.2 If you provide us with appropriate rights documentation (a, b or c, above), we will forward that documentation to the rights holder or their agent, as appropriate. Should the rights holder/agent not be satisfied, we will provide the rights holder/agent with your contact information in order that they may contact you and pursue any remaining dispute with you directly.
  
  
• 8.3 If you fail to provide us with an appropriate written response (a, b or c, above), you will have ten (10) days from the date of COMPANY's original notification to you to remove the content that is the subject of the complaint. Should you fail to remove said content within ten days, the referring URL containing the content in question will be blocked and any funds otherwise due and payable to you relating to the referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE AN APPROPRIATE WRITTEN RESPONSE. You will also be placed in an "infringer" database, and should repeated complaints be made against you for rights violations, COMPANY has the right to permanently terminate you from the Big Clicks Marketing Program.

NOTE: If you are the holder, or authorized representative of the holder, of a copyright, trademark, service mark, or publicity right that you have reason believe is being infringed by a third party webmaster participating in the Big Clicks Marketing Program, please email us at webmaster@bickclicks.com.

9. Term of the Agreement.

• 9.1 The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either party.

10. Modification.

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change sent by e-mail, to your address of record, or the posting on our site of a change notice or new agreement is considered sufficient notice to you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Marketing Program rules. All such modifications shall take effect 48 hours after notice is served as provided above, unless otherwise indicated by us. If any modification is unacceptable to you, your only recourse is to discontinue your participation in the Marketing Program and terminate this Agreement. Your continued participation in the Marketing Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.

11. Relationship of Parties.

You and COMPANY are independent contractors, and nothing in this Agreement shall be deemed to create a 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 site or otherwise, that reasonably would contradict anything in this Section 11. You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of our terms and conditions of this Agreement.

12. Limitation of Liability.

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising from or in connection with this Agreement or the Marketing 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 Marketing Program will not exceed the total commissions paid or payable to you under this Agreement.

13. Disclaimers.

We make no express or implied warranties or representations with respect to the Marketing Program or any COMPANY services or other items sold through the Marketing 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 site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

14. Representations and Warranties.

• 14.1 You hereby represent and warrant to us that 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; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
  
  
• 14.2 Should any law enforcement agency or ISP provide COMPANY with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.

15. Confidentiality.

• 15.1 We may disclose to you certain information as a result of your participation as part of the Marketing Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Marketing Program Agreement made specifically for your site and not generally available to other members of the Marketing Program, Website, business and financial information relating to COMPANY, customer and vendor lists relating to COMPANY and any members of the Marketing Program, other than you.
  
  
• 15.2 You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
  
  
• 15.3 Should you receive a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information, you shall immediately inform COMPANY and we shall have the right, and be given the opportunity, to obtain a protective order to prevent disclosure of such Confidential Information.

16. Big Clicks Indemnification.

You hereby agree to indemnify, defend and hold harmless COMPANY, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Webmaster Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.

17. Webmaster Indemnification

Webmaster shall indemnify, defend and/or settle, and pay damages awarded pursuant to, any third party claim brought against Big Clicks, which alleges facts that (i) would constitute a breach of any warranty, representation or covenant made by Webmaster under this agreement, (ii) are related to Webmaster's breach of a material obligation under this agreement, or (iii) arises out of or relates to the Webmaster software applications or the actions or inactions of the Webmaster; provided that Overture promptly notifies Webmaster in writing of any such claim, promptly tenders the control of the defense and settlement of any such claim to Webmaster (at Webmaster's expense and with Webmaster's choice of counsel), and cooperates fully with Webmaster (at Webmaster's request and expense) in defending or settling such claim, including but not limited to providing any information or materials necessary for Webmaster to perform the foregoing. Webmaster will not enter into any settlement or compromise of any such claim without Big Clicks’ prior consent, which shall not be unreasonably withheld.

18. Termination of Agreement:

• 18.1 COMPANY reserves the right to terminate Big Clicks Webmasters from the program without advance notification for any reason or no reason. Delivery of notice via e-mail to your registered address shall be considered sufficient notice to you. In such case you will be notified by e-mail immediately and paid for all joins accumulated up to that period, except in cases where it is determined you have violated this agreement in any material way. By way of example, but not limitation, material breaches would include the use of blind links, hits coming from any type of meta tag refreshers, hit generated by JavaScript or applets or password sites, the misappropriation of celebrity names or /images or other trade or service marks for commercial purposes.
  
  
• 18.2. Upon termination of this Agreement you shall immediately cease using the COMPANY name, COMPANY marks or logos and remove all COMPANY banners from your site.
  
  
• 18.3 COMPANY will not make a pay out unless your account balance exceeds fifty dollars ($100.00).

19. Miscellaneous.

• 19.1 Terminated Webmasters cannot later apply to the Marketing Program without our express written consent.
  
  
• 19.2 This Agreement shall be governed by the laws of the State of California, without reference to rules governing choice of laws. The courts of the County of Los Angeles, State of California shall have jurisdiction over the parties.
  
  
• 19.3 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 assigns.
  
  
• 19.4 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.
  
  
• 19.5 2257 Compliance for Webmasters In respect of the privacy rights of models, Webmasters will only be granted access in the event of a 2257 investigation. In the event of a 2257 investigation please do the following: 1. Call (323) 988-0827 or email webmaster@bigclicks.com. You will immediately be connected with Big Clicks’ legal counsel. 2. Provide your username and password to Big Clicks representatives. 3. Provide your payee information 4. Provide your email address 5. Provide your address Big Clicks legal counsel will ask for the credentials of the 2257 investigator at your place of business, once that is satisfied, you will be granted access immediately to all 2257 records, such that the records will be made available for inspection, electronically, at your place of business, as allowed for by the regulations.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY CLICKING ON THE "ACCEPT" BUTTON AT THE END OF THIS MARKETING PROGRAM AGREEMENT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE AFFIRMATIVELY INDICATING YOUR ACCEPTANCE OF THIS MARKETING PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY ITS TERMS.