To be accepted as a member of www.alabye.com, you agree to abide by the terms and conditions contained in this agreement. Terms of the agreement: This Agreement contains the terms and conditions that apply to a participant in our membership program (the "Member program"). As used in this agreement, "we"/"our/"us", means "our company" and "you"/"your" means the "member/applicant", "site" refers to a World Wide Web site. To begin the enrollment process, you will submit a complete member sign-up form. We will evaluate your application in good faith and will notify you of your acceptance or rejection, usually within 48 hours. (You can re-apply at any time). We may reject your application if we determine, in our sole discretion, that your site is unsuitable for the Membership program. Unsuitable sites include, for example, sites that: - promote sexually explicit materials - promote violence - promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age - promote illegal activities or violate intellectual property rights - or from applicants who we prefer not to be associated with We grant you a non-exclusive, revocable right to use our present banners and other such images for which we grant express permission, for the purpose of identifying your site as an Member program participant and linking to our site. You may not modify the banners or any of our images in any way without our express permission. We reserve all of our rights to our trade names and trademarks and all other intellectual property rights. SPAM (unsolicited email) We will not tolerate the sending of unsolicited bulk emails which promote, or make reference to us, or any of its associated companies, partners, or employees. Other prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, members may not advertise in any way that effectively conceals or misrepresents their identity, their domain name, or their return email address. Any member who, in our opinion, breaches this ruling will have their Member status cancelled immediately and any and all outstanding commissions WILL BE FORFEITED. Stay Safe, Don't SPAM. UNPROFESSIONAL CONDUCT Our company and our associated companies operate with the strictest codes of professional conduct. Any Member who brings us or its associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their Membership status cancelled and any outstanding commissions WILL be forfeited. We reserve the right to reject any member application if in our opinion, that person or company violates established laws or commonly held standards of decency. A Member, who ignores warnings to cease and desist any activities we deem negligent, inappropriate, or harmful, will be terminated. ORDER PROCESSING We will be solely responsible for processing every order for our products and services. Customers will use our secure online ordering process. Order forms, payment processing, shipping, cancellations, returns, and related customer service are our responsibility. All of our rules, operating procedures and policies regarding customer orders and accounts will apply to orders we receive through special links on your site. We reserve the right to reject any order that does not comply with our rules, operating procedures and policies. Every customer who buys a product through this Membership program is deemed to be a customer of ours. You do not have the authority to make or accept any offer on our behalf. All our policies regarding customer orders, including product availability, pricing, and problem resolution, will apply to these customers. We are not responsible for any representations made by you which contradict our policies. (See "Policies/Contact" link at bottom) TRACKING OF SALES We will be solely responsible for tracking sales we make to customers who follow links from your website. We use Post Member Pro. Statements of your sales activity will be available to you in "real-time" with a special URL that we assign to you, accessible 24 hours per day and 7 days per week. You may access these stats via a password and username we assign. Only two entities may access your stats and membership information. That would be you, and us. AFFILIATE LINKS We will provide you with a unique identifying URL for you to link to. Each sale or referral that is generated from this URL will be attributed to you. You will have access to your own private section to check your stats in Real Time. Your links to the unique URL can be text links or banner links, or a combination of the two, at your sole discretion. If you choose banner links, you must use our banners. We will provide you with a URL of all our banners, from which you can freely choose. You may add as many links to our website, or remove such links, at anytime and without prior approval from us. We will provide you with instructions on how to properly format the links. You are responsible for ensuring the links are formatted correctly. This will ensure accurate tracking of sales for credit to your account. Every effort will be made to ensure that our site is functional and available for customers referred to our site through your "Member link". We have NO responsibilities with regard to your site. We will have no liability for any indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or with respect to this agreement or the Membership program. In addition, our aggregate liability arising under or with respect to this agreement or the Membership program shall in no event exceed total referral fees paid or payable to the member under this agreement. TERM OF THE AGREEMENT The term of this agreement will begin upon our acceptance of your member program sign-up and your placement of our banner or textual link on your site and will end when terminated by either party. Either you or we may terminate this agreement at any time, by giving the other party written notice of termination. This will be in the form of "email". You can only earn referral fees on sales occurring during the term. We will never withhold any payment due. Upon termination of this agreement, the former member must remove all member links and graphics from its web site, and refrain from publishing same in any manner whatsoever. INCOME TAX LIABILITY You must understand and agree that you are acting as an independent contractor and as such will be responsible for your own Income Taxes and any other tax liabilities that affect the sales of our products in your state. By law, any commissions in excess of five hundred ninety nine ($599) dollars must be reported by us on a Federal Tax form (that's why we ask for your SSN-social security number). You will be sent this form and are required to sign and return to us before any 'further payment' to you can or will be made. 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 new agreement on our site. Any modifications will ALSO be notified, by email, to all participating members. If any modification is unacceptable to you, you may terminate this agreement. Your continued participation in the membership program following notification of our new membership program will constitute binding acceptance of the change. CONFLICTS AND DISPUTES As with any Membership program, a conflict or dispute may occasionally arise due to tracking, orders, commission calculation, performance issues, and appeals regarding "termination for cause". - If a concern should arise, send an email stating your full name, your affiliate ID, your address and state the specifics of your concern. Include any dates or numbers that apply. We will investigate immediately and will reply as soon as possible. - Though we will be more than willing to settle the dispute in as fair a manner as possible we realize this situation may arise. In this case we will be open to mediation or arbitration to settle the matter. - We have NOT pre-selected a mediator or arbitrator. Should one be needed we will select a non-biased, third party moderator. This concludes the agreement. Thank you for taking the time to read it carefully. We look forward to working with you. By signing up for our Membership program, you are in effect, agreeing to the above "membership agreement". support@alabye.com