1. Enrollment in the program
Your first step is to complete and submit our Affiliate Application. After we carefully review your site we will notify you of your acceptance or rejection into our program. We reserve the right at any time to cancel your enrollment in our program if we determine (in our sole discretion) that your site is unsuitable or inconsistent (for any reason) with the mission of Purely American. Specifically, this includes but is not limited to content that is unlawful, harmful, obscene or racially, ethnically, or otherwise objectionable. Also, no site will be accepted into our affiliate program that advocates violence, illegal activities, pollution of our natural resources, or sexually explicit materials.

If we cancel your application or enrollment, you are welcome to reapply for our Affiliate program at any time.

2. Terms of the Agreement
The term of the agreement will begin upon the acceptance of your affiliate application and will end when terminated in writing by either party. Either you or we may terminate this agreement at any time, with or without cause. You are only eligible to earn commissions on sales occurring during the term.

3. Modification
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 this site. When such changes are needed, we will make every effort (but will not be held responsible) to post a notice on our web site two weeks prior to the starting date of any changes. Modifications may include changes in payment procedures, program rules, or fee schedules. If any modification is unacceptable to you, your only recourse will be to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

4. 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 our Affiliate Marketing Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and our Affiliate Program will not exceed the total commissions paid or payable to you under this agreement.

5. 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 web sites that are similar to or compete with your web site. You have independently evaluated the desirability of participation in the program and are not relying on any representation, guarantee or statement other than that set forth in this agreement.

6. Governing Law
This agreement will be governed by the laws of the United States and the state of Virginia, without reference to rules governing choice of laws. Any action related to this agreement must be brought in the federal or state courts located in Norfolk, Virginia 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 the 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.

7. Promotion of our Affiliate Marketing Network Program
Accessing Our Links -Upon your acceptance as a member of our Affiliate Network, we will make available to you a variety of graphic and textual links, herein referred to as ‘THE LINKS’, which, subject to the terms and conditions in this Agreement, you may display as often and in as many areas as you desire. THE LINKS will serve to identify you as a member of our Affiliate Marketing Network and will establish a link from your site to ours.

Limited License – We grant you a non-exclusive, nontransferable, revocable right to access our site through THE LINKS solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in our Affiliate Marketing Network Program and assisting in the creation of sales for Purely American. You may not alter, modify, or change THE LINKS in any way. You are only entitled to use THE LINKS to the extent that you are a member in good standing of the Purely American Affiliate Marketing Network Program. We may cancel this contract at any time by giving you a written notice.

Purely American Responsibilities:
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• To make THE LINKS accessible to all Affiliates.
• An 8% commission will be paid on all sales generated by customers who come from links placed on your site. Commissions will be calculated on the merchandise ordered and excludes all taxes, shipping and handling expenses, and all credit card processing fees.
• Commissions will be paid by check and will be issued monthly for account balances which are $50.00 or higher. If your account balance is less than $50.00, your balance will roll over and be added to the commissions for the following month. Commissions are credited to your account on the date they are shipped.
• Commission checks will be sent within fifteen days after the end of each month.
• To provide each Affiliate with access to their daily reports via the internet
• To process all incoming orders, including processing payments, shipping, customer service issues
• To maintain the tracking ability of all sales coming from our Affiliate sites.

Affiliate Responsibilities:

• Place Purely American links on your site. For each banner placed on your site, YOU MUST provide a link from that banner to our site. We will not be held liable for lost commissions due to links, which are incorrectly installed, on your site.
• Maintain sole responsibility for the development, operation, and maintenance of your site and for all the materials posted on your site.
• Guarantee and monitor the content of your site to insure that all materials are legal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for the materials on your site.
• Indemnify, defend, and hold us harmless for all claims, damages and expenses relating to the development, content, and operation of your site.
• Submit for approval all URL’s you plan to use to promote Purely American via e-mail to purely@purelyamerican.com.  You may not use all or any part of the name Purely American in one of your URL names.

8. Spamming Policy
An Affiliate found to have a site engaged in what is known as “spamming” will be immediately removed as a member of the Purely American Affiliate Marketing Network.

9. Independent Contractor
Purely American and you, a Purely American Affiliate are each considered an independent contractor. Nothing in this Agreement will create any legally binding 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.

10. Termination
The terms of this agreement shall begin upon the acceptance of your application. This Agreement shall commence on the date of the approval of your Affiliate Marketing Network Application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party written notice of termination. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links (THE LINKS) to our site, and all Purely American trademarks, trade dress, and logos, and all other materials provided by and on behalf of us to you pursuant hereto or in connection with our Affiliate Marketing Network program.

11. Publicity
You shall not create, publish, distribute or permit any written material that makes reference to Purely American without first submitting such material to us and receiving our written consent, which we agree shall not be unreasonably withheld.

12. Assignment
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of Purely American.

13. Reservation of Rights
Purely American may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for our Program, even if your site has not changed since the time your application to become a member of our Affiliate Marketing Network was accepted. Purely American also reserves the right to monitor its Affiliates’ sites at any time to determine whether they are in compliance with this agreement.

14. Fraud
If you commit fraud or falsify information in connection with the creation of sales on the Purely American web site, this Agreement will be terminated immediately. In addition, you will be liable to Purely American for any and all damages that Purely American suffers as a result of such actions. You will also be responsible for returning to Purely American all commissions received for all such fraudulent sales, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

15. Disclaimers
We make no express or implied warranties or representations with respect to the Purely American site or the Purely American Affiliate Marketing Network (including, without limitation warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of the 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 any interruptions or errors.

US residence: In order to receive your commission payments in full, you must complete the W-9 form accessible through the web site provided below and fax it to Purely American at 1-757-466-3041.

http://www.irs.gov/pub/irs-pdf/fw9.pdf

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