DemocraticMatch.Com 25% Affiliate Program Agreement 1. Description of Affiliate Program The Democratic Match Affiliate Program provides our affiliates the ability to earn commissions as a compensation for generating paid subscriptions to the Democratic Match.Com dating service. To earn commissions, affiliates log in to the affiliate program website, located at www.democraticsingles.net/Affiliates/form.htm (the “Program Site”) and fill out the self-service sign-up form, enabling them to become an affiliate. Affiliates may then access the Democratic Match links and banners which they may install on their website, or place in newsletters or emails. These links will lead to the DemocraticMatch.Com site. Democratic Match affiliates may utilize any of our links or banners on their own respective websites. Democratic Match customers who have been directed to our site via an affiliate link, and subsequently create a dating profile are attributed to the affiliate that placed the referring link. When said customers purchase a paid subscription to the Democratic Match dating service within 6 months of their referral, the referring affiliate is paid a commission of 25% of the amount paid for the member's initial subscription. 2. Affiliate Account In order to join the affiliate program, you must agree to the provisions put forth in this agreement. You must provide accurate information in the online application form. 3. Commissions Democratic Match pays affiliates a commission for each unique paid subscription to the dating service purchased within 6 months days of the customer being referred by the Affiliate website. “Paid Subscription” means a first-time subscription to DemocraticMatch.Com created after being linked to DemocraticMatch.Com from the affiliate website. The amount of the Commission will be 25% of the initial purchase price of the referred customer's paid subscription. Payouts to affiliates will be made each time the commission payout threshold has been reached in the referring affiliate account. The current payout threshold is set at fifty dollars. Based on DemocraticMatch.Com’s standard subscription prices as of Dec 9, 2004, the Commission Fees would be: 1 month $5.98 - commission $1.49 3 month $11.98 - commission $2.99 6 months $19.98 - commission $4.99 1 Year - $34.98 - commission $8.47 Democratic Match subscription prices are subject to increase, but affiliate commissions will increase to match and will stay commensurate with the purchase price through any changes (ie, will stay at 25%). No Commission fee are paid on re-subscriptions or renewals of existing subscriptions. If a paid subscription for which a commission fee is paid to Affiliate is refunded to the purchser (a rare occurance), the relevant commission will be deducted from the next payment sent to he affiliate. 4. Commission Fee Payments Affiliates may at any time access the number of referrals originating from their links, and monies due them through the affiliate interface. DemocraticMatch.Com pays Affiliates each time their account reaches the payout threshold (currently set at $50.00) 5. Subscription and Commission Management DemocraticMatch.Com is responsible for managing subscriptions, payment processing, renewals, cancellations, refunds, and all related customer service. Affiliate is not allowed to make any exceptions to DemocraticMatch.Com’s policies, rules, or operating procedures, or to communicate with subscribers about these rules except with DemocraticMatch.Com's prior authorization, which may be withdrawn at DemocraticMatch.Com’s sole discretion. 6. Privacy and Tracking To preserve the privacy of our members, personal information about customers will not be given to Affiliates. All information about customers shall be owned solely and exclusively by DemocraticMatch.Com. Should a customer delete their computer's cookie cache after being referred to our website, but before they make a payment, the cookie placed by affiliate will be deleted, rendering tracking inactive. Use of DemocraticMatch.Com Intellectual Property. As between the parties, Affiliate acknowledges and agrees that DemocraticMatch.Com owns all rights, title and interest in and to all trademarks, copyright, patents, service marks, trade names and other intellectual property in the DemocraticMatch.Com Site, the Program Site, the Affiliate Systems, the Dating Service, and any software provided by DemocraticMatch.Com in connection with this Agreement (the "DemocraticMatch.Com Intellectual Property"). Affiliate shall not take any action inconsistent with such ownership by DemocraticMatch.Com, nor attempt to register any DemocraticMatch.Com Intellectual Property in any jurisdiction. DemocraticMatch.Com hereby grants to Affiliate, for the Term of this Agreement, a non-exclusive, non-transferable license to use the DemocraticMatch.Com Intellectual Property contained in the Affiliate Systems, subject to DemocraticMatch.Com’s approval, for the express limited purpose of performing under this Agreement. You, by virtue of this Agreement, shall not obtain or claim any right, title or interest in or to the DemocraticMatch.Com Intellectual Property, except the right of use as specified herein, and you acknowledge and agree that all such use shall inure to the benefit of DemocraticMatch.Com. Affiliate shall use the DemocraticMatch.Com Intellectual Property as provided by Democratic Singles Network, and shall not alter the DemocraticMatch.Com Intellectual Property. DemocraticMatch.Com shall have the right to monitor the Affiliates use of the DemocraticMatch.Com Intellectual Property. Any reference to the DemocraticMatch.Com Intellectual Property shall contain the appropriate trademark, copyright or other legal notice provided by Democratic Singles Network. Upon a request from Democratic Singles Network, Affiliate shall immediately cease use of any or all Democratic Singles Network Intellectual Property, on the affiliate Web site and elsewhere. Use of DemocraticMatch.Com Profiles. You may not use any profiles or other information regarding DemocraticMatch.Com users on the affiliate Web site or anywhere else for any reason whatsoever. Doing so will result in termination of this Agreement or suspension of your participation in the Affiliate Program. 7. DemocraticMatch.Com Customers Any customer who buys a subscription through this program is deemed to be a customer of DemocraticMatch.Com. Affiliate does not have any authority to make or accept any offer on behalf of DemocraticMatch.Com. All DemocraticMatch.Com policies regarding it's customers, including pricing and problem resolution, will apply to these customers. DemocraticMatch.Com disclaims any representations made by any Affiliate. 8. Prices and Availability The price of subscriptions sold under this program is determined by DemocraticMatch.Com. Prices may vary at DemocraticMatch.Com's sole discretion. DemocraticMatch.Com policies will always determine the price paid by the customer. 9. Web Site Service Interruption DemocraticMatch.Com will use reasonable efforts to keep the DemocraticMatch.Com Site, the Program Site and the Dating Service operational. Technical difficulties may result in temporary service interruptions. Affiliate agrees not to hold DemocraticMatch.Com liable for any of the consequences of such interruptions. 10. Email Affiliate may not send out any email concerning DemocraticMatch.Com without written permission of the DemocraticMatch.Com. In the event that you would like the opportunity to market the affiliate Web site by email using DemocraticMatch.Com’s name or branding, please contact DemocraticMatch.Com. 11. Term of this Agreement This Agreement shall take effect on the day it is entered into by the Affiliate and shall continue until the day it is terminated by Affiliate or DemocraticMatch.Com. 12. Modifications DemocraticMatch.Com reserves the right to change any of the terms and conditions in this Agreement, at any time and in its sole discretion, by posting a new agreement reflecting such changes on Program Site, such changes to be effective upon posting. DemocraticMatch.Com will not be required to provide notice to Affiliates of changes to the Agreement other than by posting the revised Agreement on our website. Affiliate may not change or modify this Agreement without written agreement of DemocraticMatch.Com. 13. Termination of this Agreement; Survival Either party, acting in its sole discretion, may choose to cancel this Agreement at any time by written notice of cancellation to the other. Such cancellation will be effective 3 days after such notice. DemocraticMatch.Com reserves the right to terminate any Affiliate at any time, for any reason DemocraticMatch.Com deems appropriate. 14. Warranty Disclaimer DemocraticMatch.Com makes no warranties, representations or conditions with regard to the Affiliate Program, the DemocraticMatch.Com Site, the Program Site or the Dating Service, whether express or implied, arising by law or otherwise, including without limitation any implied warranty of merchantability or fitness for a particular purpose or non-infringement or any implied warranty arising out of course of performance, course of dealing or usage of trade. Further, DemocraticMatch.Com expressly disavows any obligation to indemnify Affiliate or any of its representatives or owners in connection with any lawsuit or other proceeding arising out of any of Affiliate's users use of the DemocraticMatch.Com Site or the Dating Service. 15. Limitation of Damages DemocraticMatch.Com shall 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 program, even if DemocraticMatch.Com has been advised of the possibility of such damages. Further, DemocraticMatch.Com's aggregate liability arising under or with respect to this agreement or the program shall in no event exceed the total Commission Fees and Referral Fees paid or payable by DemocraticMatch.Com to Affiliate under this Agreement. 16. Notice All notices and requests in connection with this Agreement can be directed to democraticmatch.com support 17. Representations and Warranties Affiliate represents and warrants that it has the necessary and full rights, power, authority and capabilities to enter into this Agreement and to perform its obligations hereunder and that the execution of and performance of its obligations under this Agreement will not violate the rights of any third party, nor any applicable federal, state and local law or regulation. 18. Indemnification Affiliate shall defend, indemnify and hold harmless DemocraticMatch.Com, and Affiliated companies and its and their directors, officers, employees, Affiliates and agents, against any claim, demand, cause of action, debt or liability, including reasonable attorney's fees, to the extent that (i) it is based upon a breach of Affiliate's representations, warranties or obligations hereunder; (ii) it arises out of the negligence or willful misconduct of Affiliate; or (iii) it is based upon Affiliate's violation of any applicable federal, state or local law or regulation in providing products or services hereunder. 19. Miscellaneous Affiliate and DemocraticMatch.Com are independent contractors and nothing in this agreement is intended to or will create any form of partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. Affiliate shall not assign this Agreement, by operation of law or otherwise, without the prior written consent of DemocraticMatch.Com. Subject to the foregoing restriction, this Agreement is binding upon, insures to the benefit of and is enforceable by the parties and their respective successors and assigns. 20. Governing Law; Jurisdiction This Agreement shall be governed by the laws of the State of California without reference to its choice of law principles. Any legal action, suit or proceeding arising out of or relating to this Agreement will be instituted exclusively in a court of competent jurisdiction, state or federal, located in the State of California, County of Riverside, and in no other jurisdiction. The parties hereby irrevocably consent to personal jurisdiction and venue in, and agree to service of process authorized by, such courts. Modified on March 21, 2006. .