By you indicating your acceptance of this agreement by clicking on the "I Accept" button below, you will be entering into this agreement with us. This will be our agreement regarding your participation in our affiliate marketing program ("The Program"). The term "we," "us" and "our" shall be deemed to refer to Listen to Life.

1. During the term of this agreement, you shall have the right to place a link to that web site known as http://www.listentolife.org ("The Site") at least on the home page and other pages of your web site ("Your Site") and we shall have the right to review and approve of Your Site and the placement of said link from time to time, all within our sole discretion. We will provide you with a banner ad and underlying link for your use as such link, which logo link and underlying link as well as any other materials and information we provide you shall be our sole and exclusive property including all rights of copyright, trademark and the like therein. Your rights to the logo link and underlying link and all such other materials and information shall be non-exclusive and you shall use the same only on Your Site and only in connection with The Program and you may not alter or modify the logo link and underlying link or any of such materials and information. You shall be solely responsible for the functionality of the said logo link and underlying link as well as the operation of Your Site. At the termination of this agreement, you shall remove the said logo link and underlying link and all such other materials and information from Your Site and all of your rights under this agreement shall terminate.

2. We may have any number of affiliates including those who may be in a business competitive with you.

3. During the term of your affiliation with us, to the extent we elect to create any marketing or promotional campaigns, you shall be entitled to be notified of and participate in any of the same according to the terms then to be determined by us. 

4. We shall have the sole discretion to decide not to sell to any customer you refer to us or, if we elect to sell to such customer, we shall have the sole right to determine the terms of such sale. You shall have no right to any customer referred to us by you and all such customers shall be our customers. Your sole rights shall be to receive an associates referral fee ("The Fee") as set forth below. 

5. You shall be entitled to be paid The Fee for all qualified customers. A Qualified Customer shall mean a party who meets all of the following requirements:

a. has been referred to The Site from Your Site directly from the logo and underlying link we provide you on Your Site; and

b. from which we have been paid in full. 

We shall provide you all relevant information regarding any customers referred to The Site by you upon which payment to you is based. You will not be entitled to The Fee in the event you purchase any products or services from The Site directly.

6. Client shall pay you The Fee. The Fee shall be twenty-five (25%) percent of the gross sums we receive and retain from a Qualified Customer. "Gross Sums" shall mean monies we actually receive and retain in the United States from such Qualified Client less any costs related to shipping and handling as well as any costs related to the collection of any such Gross Sums such as credit card fees, collection fees and the like as well as any sales taxes. In the event any products or services are returned by any Qualified Customer, such returns including all costs associated therewith, shall be deducted before calculating any sums due you. In the event that such Qualified Client makes purchases from Client after the initial purchase that was referred to Client by Your Site, you shall not be entitled to any fees or commissions for such additional purchases. Client shall account to you for The Fee within thirty (30) days following the close of each calendar quarter but no sooner than thirty (30) days following our receipt of payment in full from such Qualified Client. In the event that sums due you are less than Fifty ($50.00 US) United States dollars, Client shall not be obligated to remit the same or any accounting to you until such time as the amount due you exceeds said amount. We shall have the right to change The Fee or any of the provisions of this agreement at any time by posting a notice on The Site. 

7. You may not sell, assign or transfer any of your rights in this agreement or in The Program to any other party. You shall be solely responsible for the content of Your Site and hereby represent and warrant that Your Site does not infringe upon or violate the rights of any party and that Your Site complies with all applicable laws. You shall indemnify us from any violation of the within warranties or other obligations on your part in this agreement, whether or not any claim is filed. Any advertising or marketing that you do that involves The Program must be approved by us prior thereto.

8. You grant us the non-exclusive right to use your name and Your Site in any advertising that we do regarding The Program.

9. The term of this agreement shall be for one (1) year from the date hereof. Either you or we may terminate this agreement at any time upon one (1) day written notice sent via email with or without cause. Notwithstanding anything contained herein, we shall be entitled to terminate or modify The Program at any time by posting a notice on The Site.

10. You and we are independent contractors in relation to each other and you are not our employee, partner, joint venturer, sales representative, fiduciary, agent or in any other capacity with regard to us. You may not obligate or bind us in any manner whatsoever.

11. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THERE SHALL BE ANY GROSS SUMS OR ANY OTHER INCOME RECEIVED FROM THE SITE OR THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS OR ANY COMPUTER OR OTHER FAILURES WHETHER ON YOUR SITE OR THE SITE OR OTHERWISE. WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF REVENUE, PROFITS, OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE PROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.


12. This agreement shall be subject to and interpreted under the laws of the state of Virginia applicable to agreements wholly to be performed therein. It is the complete understanding between you and us and may be modified and any of its provisions waived only by a writing signed by both you and us. It shall bind and benefit our respective heirs, assigns and successors in interest but any restrictions on assignment and transfer otherwise contained in this agreement shall otherwise apply. A waiver of any provision of this agreement, or any claimed breach thereof, shall not be deemed a waiver of any other provision or breach. All remedies provided us in this agreement are cumulative and the exercise by us or Client of any remedy shall be without prejudice to our exercise of any other rights or remedies available to us or Client. Any dispute arising under this agreement shall be determined only by a court of competent jurisdiction only in Augusta County, Virginia and we shall be entitled to injunctive relief. You expressly consent to personal jurisdiction in such state and in such court. In any action under this agreement, the prevailing party shall be entitled to attorneys fees and court costs. In the event any portion of this agreement shall be held invalid or unenforceable it shall not affect the validity or enforceability of the rest of this agreement. This agreement shall be deemed validly executed by you if you click on the button that says "I Accept."