2. Links on Your Site and/or E-Mail Signature

Once you have been notified that you have been accepted into the Program, you must provide on your site and/or email-signature one or more of the links described on our Links Page.

We will provide you with guidelines and graphical artwork to use in linking to our web site. To permit accurate tracking, reporting, and referral fee accrual, we must use the link format http://petrene.com/cgi-bin/enter.cgi?MEMBER_ID in all links between your site or e-mail and our site. Your MEMBER_ID will be e-mailed to you when accepted into the Program. You must ensure that each of the links between your site/e-mail and our site properly utilizes such special link format. You will earn referral fees only with respect to activity on our site occurring directly through these links; we will not be liable to you with respect to any failure by you to use these links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

You are not allowed to include a link to our site (as described above) in any SPAM mail.

3. Order Processing

We will process orders placed by customers who follow the links (as described in section 2 above) from your site or e-mail to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase books by using the links from your site or e-mail to our site. You can monitor the number of hits and books sold generated through the links from your web site (or e-mail signature) to our site by using the Affiliates Tracking Form. In order to use this form, you need your MEMBER_ID and e-mail address as entered in your application form.

4. Referral Fees

We will pay you referral fees on certain book sales to third parties. For a book sale to be eligible to earn a referral fee, the customer must follow a link (as described in section 2) from your site or e-mail to our site, and purchase the book using our automated ordering system, accept delivery of the book at the shipping destination, and remit full payment to us. We will not, however, pay referral fees on any books that are purchased through any device (an "Internet Access Appliance") that provides Internet access but does not support Cookies technology, or permit users to access and interact with our site, in the same manner as a desktop computer (e.g., mobile devices such as cellular telephones or PDAs that may access only limited or modified versions of our site).

You may not purchase books during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for books to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement.

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using the links on your site or email to access our site; (b) post any links on any Web site or other platform that is accessible through any Internet Access Appliance; (c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (d) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (e) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (f) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (g) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

5. Referral Fees Payment

You will earn referral fees based on revenues derived by us from our sales of books, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, and bad debt (approximately $1.00 per book). We will pay you referral fees on a quarterly basis. Approximately 30 days following the end of each calendar quarter, we will send you a check for the referral fees earned. However, if the referral fees and bonus payable to you for any calendar quarter are less than $25, we will hold payment until the total amount due is at least $25 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next quarterly payment if a book that generated a referral fee is returned by the customer.

6. Policies and Pricing

Customers who buy books through this Program will be deemed to be customers of Petrene Soames and FleetStreet Publications. Accordingly, all our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for books sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect books that you already have listed on your site, you may not include price information in your Product descriptions.

7. Limited License

We grant you a nonexclusive, revocable right to use the graphic images and text as shown on our Links Page. You may not modify the graphic images, in any way. We reserve all of our rights in the graphic images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

8. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.

9. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on our sales that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

10. 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 change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.

11. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

12. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or 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.

13. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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.

14. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

15. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Texas, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts, and you consent irrevocably to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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