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Affiliate Agreement

I ACCEPT

I DO NOT ACCEPT

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND JJK Industries, LP. BY CLICKING ON THE I ACCEPT BUTTON AT THE END OF THIS AGREEMENT 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.

Overview
This agreement contains the complete terms and conditions that apply to you becoming an affiliate in TongueJoy Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and TongueJoy's web site. Please note that throughout this Agreement, we, us, and our will mean JJK Industries, LP and you, your, and yours will mean the affiliate.

The Things You Have To Do

Link to Our Site
As a member of TongueJoy's Program, you will have access to the TongueJoy Affiliate Center located at (http://www.tonguejoy.com/affiliate). At this site you will be able to download HTML code (that provides for links to web pages within the TongueJoy web site) and graphics that we have made available for use in your web site. You are only allowed to link to those specific web pages that we designate in the HTML code. Plus, in order for us to accurately keep track of guest visits from your site to ours, you must use the HTML code that we provide.

We have the right to monitor your site, as we feel necessary to make sure that your links to our web site are appropriate and to notify you of any changes that we feel should be made.

Give Us Your Full Cooperation
You agree to fully cooperate with us to establish and maintain any links between the TongueJoy site and your site. You also agree that those graphic images that you display pertaining to TongueJoy, for use as a link or otherwise, will only be graphic images that we provide to you from the TongueJoy Affiliate Center. If we update those graphics, you will need to replace our old graphics with the new ones.

Maintain Your Site
The maintenance and the updating of your site will be your responsibility. Because you are a member of TongueJoy Affiliate Program and the information within TongueJoy is updated often, it will be necessary for you to update the content of your site on a regular basis to maintain consistency and accuracy between the TongueJoy site and your site. We may monitor your site, as we feel necessary to make sure that your site is up-to-date and to notify you of any changes to your site that we feel should be made.

Follow All Copyright Laws
It is entirely your responsibility to follow all applicable copyright and other laws that pertain to your site. You must have express permission to use any personas copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible if you use another person's copyrighted material in violation of the law.

The Things You Need To Know and Understand

We Can Monitor Your Site
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to your site that we feel should be made.

You Cannot Send Out Publicity Without Our Consent
You may not create, publish, distribute, or permit any written or electronically transmitted publicity material that makes reference to us without first submitting the material to us and receiving our consent. We agree that the consent will not be withheld unreasonably.

The Starting Date of this Agreement
This Agreement will begin upon your receipt of your user ID#.

How this Agreement can be Ended
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.

We Can Modify this Agreement
We may modify any of the terms and conditions in this Agreement, at any time in our sole discretion. You will be notified by email and a change notice will be posted on (http://www.tonguejoy.com/affiliates). Modifications may include, but are not limited to, changes in the scope of commission fees, payment procedures, and TongueJoy Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in TongueJoy Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.

The Things You Receive

You Earn Commissions
You are eligible to earn commission fees on sales of TongueJoy products occurring during the term of this Agreement. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

For each instance that all of the following occurs, you are entitled to earn a commission:

  • A customer arrives at TongueJoy through a link (as specified in this agreement) on your site.
  • The Customer purchases a TongueJoy Oral Vibrator.

When the above happens, you are then entitled to a five-dollar ($5.00) commission on each purchase. Payment of your commission will be made on a calendar monthly basis. If this Agreement terminates, any commissions due at the time of termination will be paid at the end of the month following termination.

You Will Be Given a User ID# to access specific Affiliate information. You will be given an ID# so that you may enter our secure site, (Affiliate Command Center) located at (http://www.tonguejoy.com/affiliates). From this site you will be able to receive your sales statistics and other information, as well as the graphics and HTML code that enable you to create links from your web site to ours. The sales statistics will be updated on a weekly basis.

Grant of Licenses
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 for such purpose. You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of TongueJoy Affiliate Program.

You grant us a non-exclusive, non-transferable, revocable right to utilize your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of our rights under this Agreement. However, Interest Internet is under no obligation to so advertise, market, promote, or publicize.

Each party agrees not to use the other as proprietary materials in any manner that is disparaging 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. Either party may revoke this license at any time by giving the other party written notice. 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.

More Things You Need To Know and Understand

Disclaimer
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING TONGUEJOY PRODUCTS. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, 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.

Representations and Warranties

You represent and warrant 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; 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; and you have sufficient right, title, and interest in and to the rights granted to us in this Agreement.

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 YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL JJK INDUSTRIES, LP'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.

Indemnification
You agree to indemnify and hold harmless JJK Industries, LP and its employees, representatives, agents and affiliates, against any and all claims, suits, actions, or other proceedings brought against JJK Industries, LP based on or arising from any claim (i) that our use of any material provided by you infringes on any copyright, patent, trademark, trade secret or any other intellectual property right of any third party, or (ii) resulting from your breach of this Agreement. You will pay, any and all costs, damages, and expenses, including but not limited to, reasonable attorneys fees and costs awarded against or otherwise incurred by Interest Internet in connection with or arising from any such claim, suit, action, or proceeding.

Miscellaneous

Each party shall be deemed to be independent contractors with respect to the subject matter of this Agreement, and nothing contained in this Agreement shall be deemed or constructed in any manner as creating any partnership, joint venture, employment, agency, fiduciary or other similar relationship. You may not assign your rights or obligations under this Agreement to any party. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas without regard to the conflicts of laws and principles thereof. You consent to the exclusive jurisdiction in the state and/or federal courts located in Travis County, Texas, in any dispute involving this Agreement. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. This Agreement represents the entire agreement between us and you and shall supercede all prior agreements and communications of the parties, oral or written. 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.

TongueJoy and JJK Industries reserves the right to with hold or cancel this affiliate relationship if JJK determines at its sole descretion that the affiliated website content does not meet our standards. For example, JJK will not affiliate with websites which promote hate, sex with children, rape, incest, or other content which JJK deems inappropriate. Furthermore, JJK will not allow the use of "spamming" in regards to the promotion of the TongueJoy website or TongueJoy products.

I ACCEPT I DO NOT ACCEPT
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