SHOTGUNVIDEO.COM AFFILIATE TERMS AND CONDITIONS

TO PARTICIPATE IN THE SHOTGUNVIDEO.COM PROGRAM YOU MUST BE OVER THE AGE OF 18 YEARS AND BE AN ADULT AS THE TERM "ADULT" IS DEFINED WHERE YOU ARE LOCATED DURING YOUR PARTICIPATION IN THE PROGRAM AND YOU MUST AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT AND SUBSEQUENT MODIFICATIONS OF THIS AGREEMENT DURING THE TIME YOU PARTICIPATE IN THE PROGRAM.

IF YOU ARE UNDER THE AGE OF 18 YEARS OR ARE NOT AN ADULT IN THE AREA YOU ARE LOCATED, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU DO NOT HAVE AUTHORIZATION TO ACCESS ANY PROGRAM MATERIALS OR ANY WEBMASTER OR PROGRAM-RELATED PARTS OF ANY Program WEBSITE, DATABASE OR COMPUTER SYSTEM.

SHOTGUNVIDEO.COM HAS A ZERO TOLERANCE POLICY FOR SPAM, CHILD PORNOGRAPHY, BESTAILITY OR ANY USE OF OUR LINKS, BANNERS OR PROMOTIONAL MATERIALS IN CONJUNCTION WITH ANY ACTIVITY OR COTNENT THAT THE Program, AT ITS SOLE DISCRETION CONSIDERS DANGEROUS OR ILLEGAL AND WILL TERMINATE AFFILIATES IN VIOLATION OF THIS POLICY WITHOUT NOTICE AND ALL MONIES ACCRUED WILL REVERT BACK TO THE Program.

By submission as an affiliate, you agree to the terms and conditions herein as an affiliate of SHOTGUNVIDEO.COM (Program), this agreement is a bind and contractual agreement between you and the Program.

PROMOTIONAL MATERIALS. Program shall produce and make available to Affiliate certain banner advertisements, button links, text links, other graphic or textual material and/or video clips, and other promotional vehicles for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Program's website, as specified by Program.

USE OF PROMOTIONAL MATERIALS. The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications:
a. Affiliate may only use the Promotional Materials for the purpose of promoting Program's website (and the products and services available thereon), and for linking to Program's website.
b. The Promotional Materials will be used to link only to Program's website, to the specific page and address as specified by Program.

LICENSE. Program hereby grants to Affiliate a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the license shall expire upon the expiration or termination of this Agreement.

INTELLECTUAL PROPERTY. Program retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.

RELATIONSHIP OF PARTIES.
a. The parties agree they are independent contractors and not in a relationship of employer/employee for the purpose of carrying out their several responsibilities under the Agreement or for any purpose whatsoever. Until such time as this Agreement is terminated as herein provided, Program shall fulfill its responsibilities as producer, licensor and provider, and, Affiliate shall fulfill its responsibilities as Affiliate-Licensee as defined and delimited by this Agreement.
b. The Affiliate agrees it shall at all times receive email and other correspondence from Program.
c. The Program and Affiliate understand and agree that all rights and privileges hereunder, including but not limited to Affiliate's right to display Promotional Materials on Affiliate's website, shall cease immediately upon termination of this Agreement.

COMMISSIONS.
a. Commissions will be paid to Affiliate Licensees in good standing by Program as outlined on Program website. Program reserves the right to change the price of Program's products and commission percentages for products without notice. Program will make its best efforts to timely post all pricing changes on the Program Website. Commissions are based on the percentage of sale in effect at the time of sale. Special promotions are offered from time to time. In order to participate in promotional rates, prizes, competitions, etc, Affiliate must notify Program of their desire to do so through the prescribed method posted on the website programs page or any other page or through the site's support ticket system if necessary. Affiliate participation in Program promotions is not automatic. Payment processor fees (CCBill) are deducted from revenue amounts prior to calculating affiliate commissions.
b. All commissions will be paid in U.S. dollars. If a sale is canceled or refunded, any paid commissions will be deducted from a subsequent payment. Program reserves the right to deduct in subsequent months any commission paid for a product or service that is subsequently returned or refunded, or for any reason where the previous monthly commission was overpaid or later subject to reduction.
c. Program will only pay commissions on sales that are tracked through the Program's affiliate system which is owned and operated by CCBill. Affiliate has no right to commissions if buyer later returns to Program's site through another affiliate link and makes a purchase. All commissions will be paid via the last link a customer used to arrive at the Program site and purchase. Affiliate sales will be tracked as accurately as possible, but Program is not responsible for loss of commissions due to server downtime, inaccurate tracking, or other problems beyond Program's control.
d. CCBill keeps accurate and up-to-date records of the data used to determine the total amount of commissions owed to Affiliate. Affiliate will be given online access to these records, but we cannot guarantee access as CCBill may at times be doing maintenance or offline for other reasons. Any discrepancy between the amount of commissions owed according to these records, and the actual amount of commissions paid to Affiliate in any period or periods shall be rectified by CCBill as their policies permit.
e. Commissions accrued are payable to Affiliate once each week, the day and manner to be determined by CCBill policies (the "Commission Payment Date"). If on any Commission Payment Date the amount of total commissions accrued and payable to Affiliate is less than fifty and no/100 Dollars ($50.00), then such accrued and payable balance shall be held over to the following Commission Payment Date, and paid together with the commissions due for that period.
f. Affiliate agrees not to disparage Program, Program products or services, or other affiliate. Affiliate understands that disparagement may result in the immediate suspension or terminate of Affiliate account with a cancellation of any pending commissions. Specifically, Affiliate will not use the terms "scam", "lies", "don't buy" or any other type of disparaging words to describe Program's products in any type of ads, including but not limited to Pay Per Click, Banners, Text Links, Articles, and Blogs.
g. In the event that Affiliate materially breaches this Agreement and Program terminates this Agreement within thirty (30) days of such breach, then any accrued commissions shall be forfeited and Program shall retain any amounts then due Affiliate as an off-set for damages to Program arising out of such breach.

AFFILIATE'S REPRESENTATIONS AND WARRANTIES.

Affiliate represents and warrants the following:
a. Affiliate is at least 18 years of age or older as determined by the laws of their locality to quality as an adult and has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate's website does not contain any materials that are: offensive, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); or solicitous of any unlawful behavior.
c. Affiliate may not place banners or text links on ANY page that contains actual or simulated depiction of bestiality or child pornography. Additionally, you may not place our banners or link from pages which contain advertisements for bestiality or child pornography, or which contains content not in compliance with the 2257 regulations set forth at 18 U.S.C. 2257, 28 CFR 75 et seq., 18 U.S.C. 2257A and all regulations promulgated in association therewith. We will not partner with affiliates who break the law! This policy exists to protect you, ourselves and all of our valued partners. Program is a member of ASACP (Adult Sites Against Child Pornography) We do not accept sites that endorse: child pornography, bestiality. Any hits and/or sales sent from sites like these will be dropped WITHOUT PAY. We do not accept sites that host at: Angelfire, Geocities, Tripod, and Hypermart. Affiliates are not allowed to utilize any part of our network as means of processing transactions for their own or third party websites. Linking directly to the join form is permitted, however you are not allowed to make any false claims or fraudulent marketing, doing so is a direct violation of this agreement and is cause for termination and withholding of all monies, we have the right and discretion to take legal action should you make any false claims using our affiliate network.
d. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, not does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
e. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 1 above.
f. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
g. Affiliate will not use Program's name (or any name that is confusingly similar to Program's name) for any purpose on its website, in its promotional materials, or in any other context except to promote Program's website as specified in this Agreement. Affiliate will not register any domain name that incorporates Program's name, Program's product name, Program's trademarks or that is confusingly similar to Program's name, products and trademarks.
h. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Program or Program's website. Affiliates associated with spam will be immediately terminated as soon as the violation is verified and commissions shall be forfeited as off-set. Program reserves the right to determine at its sole discretion if Affiliate is transmitting or otherwise connected with any spam or unsolicited commercial email. Program will report spam along with spammer's information to the Federal Trade Commission and any other agencies Program deems necessary for civil and criminal prosecution.
i. SPAM is defined as emailing anyone who has not specifically requested the information directly from Affiliate; emails to names or lists that have been purchased, including but not limited to co-registration lists, are not permitted. Program considers any type of advertisement about Program posted to Newsgroups, Chat Rooms and Forums, in violation of their posting rules, to be spam.
j. If actual damages cannot be reasonably calculated, Affiliate agrees to pay Program as additional liquidated damages of Five Hundred and no/100 Dollars ($500.00) for each piece of spam or unsolicited email transmitted from or otherwise connected with your account, or actual damages, whichever is higher, to the extent such actual damages can be reasonably calculated.
k. Affiliate will not use spyware to promote Program's products. Spyware includes, but is not limited to, any type of spyware detected by AdAware. Illicit use of spyware will result in the immediate termination of Affiliate account and forfeiture of any commissions.
l. Affiliate will not represent Program's products as having performed a spyware scan when no such scan has been performed.
m. Affiliate must have a published Privacy Policy acceptable to Program on all websites promoting Program's products. Affiliate must give Program prior notice of any change in Affiliate's published Privacy Policy.
n. It shall be the obligation of the Affiliate to monitor and maintain Affiliate's own website for quality control and compliance with Agreement. Program shall at all times have the right to monitor and inspect Affiliate's website for compliance with the Agreement. Program shall have no obligation to notify Affiliate of any of its findings upon inspection.

INDEMNIFICATION. Affiliate shall indemnify Program and hold harmless Program from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Program for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.

CONFIDENTIALITY. Any information that Affiliate is exposed to by virtue of its relationship with Program under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Program Information." Affiliate may not disclose any Confidential Program Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Program.

TERM.
a. This Agreement shall take effect upon Affiliate application to Program and shall remain in full force and effect indefinitely, or until terminated pursuant to this Section 10.
b. Either party shall have the right to terminate this Agreement at any time and for any cause or for no cause. Except for termination on grounds described in paragraphs 6, 7 and 9 above, the terminating party must give thirty (30) days written notice to the other party prior to the intended date of termination.

TAXES. Program shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Program as set forth in this Agreement. Program shall not withhold any taxes from the commissions paid to Affiliate.

TAX INFORMATION. CCBill requires Affiliate to submit its tax information in order for Program to comply with tax regulators in Affiliate's country and, in turn, pay Affiliate commissions. Affiliate is required to submit its tax information upon signing up as an affiliate. CCBill and Program has the right to withholdcommission payment if Affiliate fails to submit its tax information.

LIMITATION OF LIABILITY. Program shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Program was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.

MODIFICATION OF AGREEMENT. Program reserves the right to change any of the terms and conditions in this Agreement at any time in its sole discretion by posting a new Agreement on the Program's website.

WEBSITE SERVICE INTERRUPTION. The Program will make every effort to keep its website operational. However, certain technical difficulties may, from time to time, result in temporary service interruptions. Affiliate agrees not to hold Program liable for any of the consequences of such interruptions.

COPYRIGHTED MATERIAL. As a Licensee, Affiliate is solely responsible for insuring that its reviews, product descriptions and articles obey all applicable copyright and other laws. Affiliate must have express permission to use another party's copyrighted material. The Program will not be responsible if Affiliate uses another party's copyrighted material in violation of the law.

OPPORTUNITIES AND LIMITATIONS ON PROMOTIONAL STRATEGIES. Affiliate is permitted to promote the use of Program's product and services as it chooses, so long as it is not prohibited by law or proscribed by this Agreement or any posted modification thereof. If Affiliate attempts to resell Program's products or market Program's services through unsolicited email or any other prohibited marketing strategy, Affiliate's license and account will be immediately terminated and any commissions not paid up to the point of termination will be the property of the Program.

Affiliate may choose to promote the Program's products and services through a two-tier arrangement. This two-tier arrangement is not a multi-level marketing opportunity and as an Affiliate Licensee, Affiliate is prohibited from representing it as such. Any contrary representation by Affiliate will result in an immediate cancellation of Affiliate's license and account. Any commissions not paid up to the point of cancellation will be property of the Program.

AFFILIATE SELF SIGN-UP PROHIBITED. Affiliate is strictly prohibited from signing itself as a second-tier Affiliate of its own assigned Affiliate license and account. Any Affiliate attempting such an arrangement will be immediately terminated and the Affiliate Agreement cancelled. Any commissions accrued will remain the property of the Program.

AFFILIATE PURCHASES. The Program will not pay a commission on a purchase of Program product or service made by Affiliate through Affiliate's own account.

GOVERNING LAW. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of California, without regard to conflicts of law principles.

COUNTERPARTS. This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.

SEVERABILITY. If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.

NOTICE. Any notice required or otherwise given pursuant to this Agreement shall be submitted through our support ticketing system through this website or by clicking here.

HEADINGS. The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between Program and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.