Affiliate Agreement

http://www.trophybucksecrets.com

Affiliate Agreement

style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">This Agreement contains the

complete terms and conditions that apply to your participation in our Affiliate

Program. As used in this Agreement, "we" or "us" refers to Trophy Buck Secrets,

LLC, and "you" refers to the applicant. You must be 18 years of age or older to

enter into this Agreement with us.

style="MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">How Do I Enroll in Your Affiliate
Program? To
begin the enrollment process you must submit a completed Affiliate Program
application. Upon receipt of your application we will evaluate it and notify you
of its acceptance or rejection. Although we hope your application will be
successful, we reserve the right to reject applications for any or no reason.
For example, we may reject your application if we determine that your site is
unsuitable for the Program, including if it:
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Promotes sexually explicit
  materials
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Promotes violence
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Promotes discrimination based on
  race, sex, religion, nationality, disability, or age
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Promotes illegal activities
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Incorporates any materials which
  infringe or assist others to infringe on any copyright, trademark or other
  intellectual property rights or to violate the law
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Includes "trophybucksecrets.com"
  or variations or misspellings thereof in its domain name
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Is otherwise in any way unlawful,
  harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or
  otherwise objectionable to us in our sole discretion.
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Purchase or bid for placement of
  any of trophybucksecrets.com 's trademarked company names. These names include:
  (Trophy Buck Secrets, LLC - trophybucksecrets.com) and any variation of our
  trademarked name.

style="MARGIN: 0in 0in 12pt 0.5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">If we reject your application, you

are welcome to reapply to the Program at any time. You should also note that if

we accept your application and your site is later determined (in our sole

discretion) to be unsuitable for the Program, we may terminate this Agreement at

any time. We will not be liable to you for any costs, damages or lost profits as

a result of our termination of this Agreement.

style="MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">How Do I Link My Site Our
Company.com? style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Once we notify you that your
application has been accepted, we will make available to you banner
advertisements, buttons and/or text links to our site. The links we may make
available could be in the form of:
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">A logo that links your home page
  to ours
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">A picture of one or more of our
  products that links your site to the page on ours where such products are
  offered
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">A search box that permits your
  visitors to link directly to a page on our site that contains the results of
  their search queries.

style="MARGIN: 0in 0in 12pt 0.5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">These links will allow your

visitors to enter our site and enable us to keep track of the sales you may earn

if they join our site or purchase products from us. If we accept your

application, we will provide you with instructions describing how to include and

maintain links to our site. To permit accurate tracking, and reporting the links

we provide you are in a special "tagged" link format, or "Tagged Links". You are

responsible for ensuring that each of the links between your site and our site

is a Tagged Link. You agree not to modify the Tagged Links in any way.

style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">How are Customer Orders
Processed?
We will process orders placed by customers who enter our site via Tagged Links.
We reserve the right to reject any orders that do not comply with our policies
or conditions at the time of the order. 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 using Tagged Links and will
make available to you reports summarizing this sales activity. The form,
content, frequency and method of delivery of the reports may vary from time to
time in our sole discretion.
style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">How Do I Get
Paid? We
will pay you when visitors from your site use the Tagged Link to purchase
products from us. Referral fees are calculated based on a percent of the "Net
Sales" from "Qualifying Purchases" made during a "Session". The percent is
specified in referral fee schedules to be established by us. "Net Sales" shall
mean gross shipped sales from Qualifying Purchases less: Returns Postage,
shipping and handling charges Sales, use or other like taxes "Qualifying
Purchases" shall mean a purchase of a product offered on our site that meets the
following criteria: The purchase must be completed on our site. The purchase
must be made via a valid credit card. No phone orders. The ship-to address must
be a domestic w:st="on">U.S. address. The purchase must be
completed during a "Session" (defined below). "Session" shall mean the period
beginning upon a visitor's entry to our site via a Tagged Link (regardless of
whether the visitor leaves and then returns to the site) and ending 7 days
thereafter if the visitor accepts "cookies" from our site (see explanation
below). Any Session in progress will automatically terminate upon the expiration
or termination of this Agreement or upon the visitor deleting our cookie. Note
regarding Net Sales - Net Sales include only "shipped" sales. Orders entered for
which the product does not ship are not reported as sales. Note regarding
"Cookies": To keep track of the Session, we use a small text file called a
"cookie" that is placed on the hard drive of the visitor's computer. Some web
browsers permit users to elect not to receive cookies. Only visitors who accept
cookies can be tracked for referral fees. You understand that no referral fee
can be paid for any purchase made by a visitor who does not accept "cookies" or
who has deleted our "cookies" during a session.
style="MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">How Much Do I Get Paid?
We will pay
you up to 50% of all sales, depending on the product.
style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Who Sets the Policies and Pricing
for Customers?style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana"> Customers who buy products
through this Program will be deemed to be our customers. Accordingly, all rules,
policies, and operating procedures concerning customer orders, customer service
and product sales from and by trophybucksecrets.com will apply to those
customers. Also, the terms, conditions and policies of our site will apply to
the visitors' conduct and their rights and obligations while visiting our site.
We have the right to change our policies and operating procedures at any time.
For example, we will determine the prices to be charged for products sold under
this Program in accordance with our own pricing policies. Because product prices
and availability may vary from time to time, we cannot permit you to include
pricing or product descriptions on your site independent of the materials we
provide in the Links. We will use commercially reasonable efforts to present
accurate information, but we cannot guarantee the availability or price of any
particular product. You are responsible for periodically visiting, reviewing and
becoming familiar with the terms and conditions sections of the
trophybucksecrets.com site, which are incorporated into this Agreement by
reference
style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Ownership and
License. We
hereby grant you a limited, non-exclusive, nontransferable, non-sub licensable,
revocable right to use the graphic images and text we are providing to you
solely for the purpose of creating links from your site to ours. You may not
modify the graphic image or text, or any other of our images, in any way, or
engage in "site framing" or similar processes. We reserve all of our rights in
the graphic image and text, any of our trade names, trademarks, domain names,
copyrights trade dress and any other intellectual property rights. You agree to
follow our guidelines for use of our trademarks, as those guidelines may change
from time to time, in addition, you agree not to use our trademark in any search
engine keyword optimization. We may revoke your license at any time by giving
you written notice. You also agree that you shall use the Tagged Links only in
order to link to our site and to promote your ability to do so pursuant to this
Agreement. You agree that you shall not present the Tagged Links or any images
comprising them in combination with any other name or mark, in connection with
your own goods or services, or in any manner that may suggest or imply that you
or your goods or services are supplied by, sponsored by, endorsed by or
affiliated with us.
style="MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">You are Responsible 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. For example, you will
be solely responsible for:
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">The technical operation of your
  site and all related equipment · posting and maintaining links to our site
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">The accuracy and appropriateness
  of materials posted on your site
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Ensuring that materials posted on
  your site do not violate or infringe upon the rights of any third party
  (including, for example, copyrights, trademarks, privacy, or other personal or
  proprietary rights)
- style="MARGIN: 0in 0in 0pt; mso-list: l0 level2 lfo1; tab-stops: list 1.0in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Ensuring that materials posted on
  your site are not libelous or otherwise illegal. We disclaim all liability for
  these matters.

style="MARGIN: 0in 0in 0pt 0.5in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Further, you will indemnify and

hold us harmless from all claims, damages, and expenses (including, without

limitation, reasonable attorneys' fees) relating to the development, operation,

maintenance, and contents of your site.

style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">How Long is the Term of this
Agreement?
The term of this Agreement will begin upon our acceptance of your 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
notice of termination in accordance with the notice provision of this Agreement.
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
trophybucksecrets.com or Trophy Buck Secrets, LLC trademarks, trade dress and
logos, and all other materials provided by or on behalf of us to you pursuant
hereto or in connection with the Program. You are only eligible to earn referral
fees on Qualifying Purchases occurring 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.
style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Can this Agreement be
Modified? 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
THREE DAYS AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE
WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">What is the Legal Nature of our
Relationship?style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana"> 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.
This is a binding contract between you and us. By completing the application and
by clicking on the "Agree" button below, you indicate your willingness to be
bound by this Agreement.
style="MARGIN: 0in 0in 12pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">Our Liability to You is
Limited. 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.
style="MARGIN: 0in 0in 0pt; mso-list: l0 level1 lfo1; tab-stops: list .5in; mso-margin-top-alt: auto; mso-margin-bottom-alt: auto">style="FONT-SIZE: 10pt; FONT-FAMILY: Verdana">More "Fine
Print" 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, non-infringement 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 or the links
or Tagged Links will be uninterrupted or error-free, or will not be re-routed or
"black holed." As a result, we might temporarily be unable to capture
information regarding Tagged Links. We will not be liable for the consequences
of any such interruptions or errors. The Program is intended for commercial use
only. 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 OR MAINTAIN AFFILIATES 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 w:st="on">FORTH IN THIS AGREEMENT. Notices to you are effective if
provided in writing to the postal addresses, electronically to the e-mail
address set forth in the application or if posted on our website. Notice to us
may be given in writing to: Attention Affiliate Marketing Program, Trophy Buck
Secrets LLC, 1463 State Route 1042, PO Box 167, NuMine, PA 16244; or by e-mail
at webmaster@trophybucksecrets.com. This Agreement will be governed by the laws
of the state of w:st="on">Pennsylvania without reference to rules
governing choice of laws. Any action relating to this Agreement must be brought
in the federal or state courts located in w:st="on">Pittsburgh, PA
and you irrevocably consent 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 enforceable against the parties and their
respective successors and assigns. Our failure to enforce 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.

align=center>href="http://www.trophybucksecrets.com/public/affiliate/signup.cfm">Become

an Affiliate