To be an authorized affiliate of ababyatree.com, you agree to abide by the terms and conditions contained in this agreement. 1. Joining the Program By filling out the signup form you will automatically become an AFFILIATE and are bound by the terms of this agreement. Your participation in the program is solely for this purpose: to legally advertise our website to receive a commission on Gifts purchased by your referral individuals. 2. Commission scheme Commissions are paid monthly (as long as the amount you are owed is $100.00 or more) on the sales acquired through the affiliate site at a rate of 7%. 3. AFFILIATE Tracking The program is powered by Post Affiliate Pro (PAP), the leading affiliate tracking software. PAP uses a combination of cookies and IP address to track referrals for best possible reliability. When the visitor follows your AFFILIATE link to our site, our affiliate system registers this referral and places a cookie on his or her computer. When the visitor pays for the product, affiliate system checks for cookie (if not found, checks for IP address of referral) and credits your account with commission according to the scheme above. This process is absolutely automatic. All your referrals will be properly tracked. PAP is used by thousands of Internet merchants and affiliates world-wide. 4.Approval of Registered Sales We will only approve PAP registrations due to unique new customer orders. Each order has a unique order id which is registrated by PAP. PAP registrations that will be declined are for example those due to: - refreshing the order confirmation page by the customer (this triggers the PAP registration code again but does not indicate a new sale) - any attempts to trick the system by generating PAP registrations without actual new sales behind it. Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. ANY ATTEMPTED FRAUD OR FRAUD WILL RESULT IN MEMBERSHIP TERMINATION AND VOIDED COMMISSIONS. 5. Cancellation of Orders, Chargebacks and Correction of Commission Customers might cancel their order for any reason: they get 100% back. Also with credit card payments charge backs are possible. Commissions will be corrected accordingly. 6. Revocation of AFFILIATE Status Your AFFILIATE application and status in the program may be suspended or terminated for any of the following reasons: • Inappropriate advertisements (false claims, misleading hyperlinks, discouragements) • Spamming (mass email, mass newsgroup posting, etc...) • Advertising on sites containing / promoting illegal activities • Violation of intellectual property rights 7. AFFILIATE Links You may use graphic and text links provided by us both on your Web Site and in emails. 8. Terms of the agreement These terms will begin upon your signup with the AFFILIATE program and will end when your AFFILIATE account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change. 9. Liability We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the AFFILIATE program and/or products sold at this site. We make no claim that the operation of the AFFILIATE program and our website will be error-free and we will not be liable for any interruptions or errors. AFFILIATE further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of emails. AFFILIATE shall indemnify and hold ababyatree harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will ababyatree be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, ababyatree aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement. ababyatree will own all right, title and interest in and to all information that is created or collected in the operation of ababyatree.com Web site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE. 10. INTERPRETATION AND DISPUTES These Terms of Use are governed by the laws of the United States and the State of Florida. Any action to enforce this Agreement shall be brought in the federal or state courts located in that state. The language in which these Terms of Use are posted shall control. In the event of any dispute, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.