This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the FreeFlow Golf, LLC Affiliate Program (the "Program"). As used in this Agreement, "we", "us", or "our" means FreeFlowGolf, LLC, as the case may be, and "you" means the applicant. "FreeFlowGolf.com Site" means the site that has its primary home page identified by the URL www.FreeFlowGolf.com, and "site" means a World Wide Web site. "Your site" means any site that you will link to the FreeFlowGolf.com Site (and which you will identify in your Program Application).

  1. Enrollment in the Program
    To begin the enrollment process, you will submit a completed Program application via the FreeFlowGolf.com Site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.

    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 thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

  2. Links on Your Site
    Once you have been notified that your site has been accepted into the Program, we grant you a revocable, non-exclusive, worldwide, royalty-free license for the duration of the term of this Agreement, solely for purposes of facilitating referrals from your site to the FreeFlowGolf.com Site. You may provide a link on your site that will link to any particular page on the FreeFlowGolf.com Site, provided that you properly use the special link formats provided on the FreeFlowGolf.com Site.

    We will provide you with guidelines and graphical artwork to use in linking to the FreeFlowGolf.com Site home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and the FreeFlowGolf.com Site (and for purposes of this Agreement, the browser window described above that opens upon a user's clicking on a Quick-Click link is deemed a part of the FreeFlowGolf.com Site, and any Quick-Click link is deemed a link between your site and the FreeFlowGolf.com Site). You must ensure that each of the links between your site and the FreeFlowGolf.com Site properly utilizes such special link formats. Links to the FreeFlowGolf.com Site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will earn referral fees only with respect to activity on the FreeFlowGolf.com Site occurring directly through Special Links; we will not be liable to you with respect to any failure by you to use Special 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.

  3. Order Processing
    We will process Product orders placed by customers who follow Special Links from your site to the FreeFlowGolf.com Site. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. 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 Products by using Special Links from your site to the FreeFlowGolf.com Site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.

  4. Referral Fees
    We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to the FreeFlowGolf.com Site, and add the Product to his or her shopping cart and purchase the Product during a session. The session ends upon one of the following events: (a) the customer orders the Product, or (b) the customer exits the FreeFlowGolf.com Site. We will only pay referral fees on eligible Products after order, payment and shipping have occurred. To permit accurate tracking, reporting and fee accrual, you must ensure that the Special Links between your site and the FreeFlowGolf.com Site are properly formatted. We will not be liable for paying referral fees on purchases that are not correctly tracked and reported because the links between your site and the FreeFlowGolf.com Site are not properly formatted.

    We will not, however, pay referral fees on any Products that are added to a customer's Shopping Cart or are purchased via our 1-Click feature after the customer has reentered the FreeFlowGolf.com Site (other than through a Special Link from your site), as determined by us, even if the customer previously followed a link from your site to the FreeFlowGolf.com Site.

  5. Referral Commission Schedule
    During each calendar quarter, for Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) a 10% referral commissions on "Qualifying Revenues" (revenues derived by us from sales of Qualifying Product units sold during sessions initiated through Special Links on your site, excluding costs for shipping, handling, service charges, credit card processing fees, returns and bad debt).

  6. Referral Fee Payment
    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. Referral fees will accrue until the total amount due is at least $50.00, at which point fees will be distributed. We are obligated by U.S. federal law to obtain tax information from Program participants who are U.S. citizens, U.S. residents or U.S. corporations and from Program participants who are not U.S. citizens or residents but whose businesses are taxable in the U.S. If we believe you are a Program participant from whom we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your referral fee payments until you provide this information or otherwise satisfy us that you are not a person from whom we are required to obtain tax information.

  7. Policies and Pricing
    Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of 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 products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.

  8. Limited License
    We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 2 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights.

  9. Affiliate Site Responsibility
    Affiliates are solely responsible for the development, operation, and maintenance of their site and all site content, including:

    • the technical operation of affiliate site and all related equipment
    • creating and posting Product descriptions on affiliate's site and linking those descriptions to the FreeFlowGolf.com Site catalog
    • the accuracy and appropriateness of materials posted on affiliate's site (including, among other things, all Product-related materials)
    • ensuring that materials posted on affiliate's 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)
    • ensuring that materials posted on affiliate's site are not libelous or otherwise illegal
    • ensuring that affiliate's site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

      • We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

    • Compliance with Laws
      As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant.

    • 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 the FreeFlowGolf.com Site, and all of our 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 eligible to earn referral fees only on sales of Qualifying Products 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.

    • 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 the FreeFlowGolf.com 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 THE FREEFLOWGOLF.COM SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

    • 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

    • 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.

    • Disclaimers
      WWe 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 the FreeFlowGolf.com Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

    • Miscellaneous
      This Agreement will be governed by the laws of the United States and the state of New Hampshire, without reference to rules governing choice of laws. 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.