Enrollment in the Program
To begin the enrollment process, you will submit a complete Program application via our site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason. Unsuitable sites include (but are not limited to) those that: Contain content that is unlawful, threatening, defamatory, obscene, or otherwise objectionable; Promote sexually explicit materials; Promote violence; Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; Promote illegal activities; Violate or infringe upon intellectual property rights. If we reject your application, you are welcome to reapply to the Program at any time. If we accept your application, we reserve the right to terminate this Agreement if we ever determine (in our sole discretion) that your site is unsuitable for the Program for any reason. Web sites outside the United States are eligible for consideration, but must be written primarily in English.

Promotion of Our Affiliate Program
Upon your acceptance as an Affiliate Site, we will make available to you a variety of graphic and textual links (the "Links"), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to identify your site as a member of our Affiliate Network and will establish a link from your site to ours.

BigBlueOrchid.com Agrees To:

• Pay Affiliate a 10% sales commission for every customer you refer to BigBlueOrchid.com that purchases from us within a period of 365 days. No fees shall be payable if a visitor leaves the BigBlueOrchid.com site without making a purchase. Commissions from sales that result in refunds or chargebacks during the membership period will be deducted from your next monthly payment. If no further payments are due under this Agreement, we reserve the right to send you a bill for any commissions associated with refunds or chargebacks.
• Pay Affiliate a 5% sales commission for every sale originating from a website in your second tier, subject to the limitations above. • Pay Affiliate on a monthly basis when your account has reached a minimum of $25.00. Accounts with a balance of less than $25.00 will roll over to the next month.

Affiliate Agrees To:

• Place BigBlueOrchid.com Links on your site.
• Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
• Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
• Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
• Make sure that your site does not copy or resemble the look and feel of BigBlueOrchid.com or create the impression that your site is our site or a part of our site.
• Submit the URLs for all sites you plan to use to promote BigBlueOrchid.com via e-mail to randy@bigblueorchid.com.

Sales Tracking
We will rely on our own proprietary software to track membership sales that originate from your web site. Through our Affiliate Program Administration Area, we will make available to you the sales activity, as well as reports regarding end-user impressions and click-throughs. These reports are presented in real-time. You and we each agree to rely on, and not challenge or dispute, the sales tracking and other information that the software compiles in connection with the Program, which will bind both you and us for all purposes under this Agreement.

Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our written consent.

Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its 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 through a source or sources other than such party hereto or its affiliates.

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

Limited License
We grant you a nonexclusive, 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 the Program and assisting in increasing membership sales for BigBlueOrchid.com. You may not alter, modify, or change the Links in any way. From time to time, however, we will alter, modify, or change the Links automatically, without any prior notification to you. You are only entitled to use the Links to the extent that you are a member in good standing of the BigBlueOrchid.com Affiliate Program. We may revoke your license anytime by giving you written notice.

Disclaimers
We make no express or implied warranties or representations with respect to the BigBlueOrchid.com Web site or the BigBlueOrchid.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of 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.

Termination
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program 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 to our site, and all BigBlueOrchid.com trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.

Modifications
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.

Anti-Spam Policy
Affiliates will be removed from the BigBlueOrchid.com Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated!

Independent Contractors
You and BigBlueOrchid.com are independent contractors and nothing in this Agreement will create any 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.

Representations and Warranties
You hereby represent and warrant to us as follows:

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. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity. 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 participating in the BigBlueOrchid.com Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

Fraud
If you commit fraud or falsify information in connection with the sale of BigBlueOrchid.com memberships through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to BigBlueOrchid.com for any and all damages that BigBlueOrchid.com suffers as a result of such actions. You will also be responsible for returning to BigBlueOrchid.com all commissions received for fraudulent/falsified members, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.

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

Reservation of Rights
BigBlueOrchid.com may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. BigBlueOrchid.com also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.

Governing Law
This Agreement will be governed by the laws of the United States and the State of Hawaii, 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 Honolulu, Hawaii, 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 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 a provision or any other provision of this Agreement.