• DomainPlates and MediaWorks reserve the right to amend this agreement as needed and as technology and software becomes more sophisticated and Performance Partners agree that any such amendment will apply to them. Amendments will be sent to Performance Partners to the main contact email address supplied on your Application at least 7 days before the Amendment takes effect and will be sent Return Receipt Requested.
  
  
• All Performance Partner Applications are subject to approval by MediaWorks. Performance Partners must be of the age of majority in their state or country and their web site and/or contact with their opt-in subscribers must be considered suitable at our sole descretion. Unsuitable sites or opt-in newsletter content include (but are not limited to) those that: Contain content that is unlawful, threatening, defamatory, obscene or otherwise objectionable; Promote any sexually explicit materials; Promote violence of any kind; Promote discrimination based on race, sex, age, religion, nationality, disability, or sexual orientations; Promote illegal activities; Violate or infringe upon intellectual property rights. If we accept your application, we reserve the right to terminate this Agreement if we ever determine (in our sole discretion) that your site, and/or your newsletter content is unsuitable to be associated with our Program for any reason.
  
  
• DomainPlates Performance Partners are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. As Performance Partners for DomainPlates you will not have any authority to make or accept any offers or representations on our behalf. You will use only the marketing materials on your web site and within your newsletters that we provide to you, except in the case of your own individual testimonies about the DomainPlates product, where you are encouraged to use your own pictures and copy.
  
  
• Performance Partners may not assign rights or duties under this Agreement without the prior written consent of MediaWorks.
  
  
• Performance Partners (you) may choose between a One Tier (25%) or a Two Tier (20%/5%) commission programs and all sales are tracked by AffiliateTracking.net. Sales and stats for Performance Partners are available 24/7 via password on the AffiliateTracking site. Performance Partners are eligible for monthly Incentives Bonuses of an additional 4% per sign sold in the calendar month once you sell 30 signs direct from your links in the same calendar month.
  
  
• The commission will be paid on the 2nd Tuesday of each and every month through your Free PayPal account. In addition, The payment will be in U.S. currency only and will be issued only through an established PayPal account. We do not accept Partners who use free e mail accounts for communications with us or for payment. You must have and use an e mail account for your payments that is associated with your own domain and web address.
  
  
• DomainPlates Performance Partners will have the sole responsibility for the operation and maintenance of our supplied graphics on their web site and for all text materials that appear in their ezine or newsletter. We disclaim any and all liability for all matters relating to the development, operation, maintenance and contents of your site or materials eminating from your site. Partners will not change or alter the supplied graphics in any way without written permission.
  
  DomainPlates Performance Partners agree that they will not use the words RealtyTags (Realty Tags, realty tags) or DomainPlates (Domain Plates, domain plates) in any PPC Search Engine marketing or in their own Meta Tags, either in their Keywords or Descriptions, for their own web sites.
  
  
• DomainPlates Performance Partners will indemnify, defend and hold DomainPlates, MediaWorks or any of our outside suppliers or vendors harmless against any and all claims, lawsuits, damages, and expenses (including but not limited to, attorneys' fees) that are the result of any copyrights, trademarks, property rights regarding any materials that you provide us for use on your web pages that are hosted on our site and server, or for the support, technical or software failures of any or all 3rd party providers involved with the operation and fulfillment of the DomainPlates program.
  
  
• Performance Partners will be sent a confirmation from AffiliateTracking.net of each sale.
  
  
• Neither MediaWorks, nor DomainPlates.com, will be responsible, either financially or legally, for any technical failure that may result in the user’s sale going unregistered, their orders not being properly executed and delivered to us by Authorize.Net, or for server or software failures. These are all areas that are out of any of our direct control, but will be addressed by us figorously, and resolved, as soon as it is discovered.
  
  
• MediaWorks and DomainPlates.com reserves the right to terminate any partner with notice by e mail for known infractions of any of the following:
  
  
  1. misrepresenting the nature of your site and your audience when you applied.
     
     
  2. sending any unsolicited email regarding either the DomainPlates product or the program.
     
     
  3. not displaying the DomainPlates graphics with your link on a page of your web site visited by the majority of your web site visitors and not including your DomainPlates link in your opt-in ezine at least once a month. If the Performance Partner is terminated for any of the above reasons you agree that any and all unpaid commissions will be forfeited by you.
  
  
• DomainPlates Performance Partners agree to place, keep and maintain in good working order the supplied DomainPlates graphics and your Sales Tracking Link on a highly visited page of your web site as well as a text link in at least one message that goes out to your full opt-in subscriber list at least once a month.
  
  
• It is expected that within the first 2 months of joining the DomainPlates Performance Partners program, in order to help maintain your credibility with your audience about this product and to help you generate more income, that you will order a DomainPlate for your own use through your Partner's link. In addition, it is expected that within 3 months of joining that you will take a picture of your sign in the location that you are using it and add that picture with a short testimonial to your web site and use it in your ezine to help you generate more sales.
  
  
• DomainPlates Performance Partners agree to put the MoreSales@DomainPlates.com
  e mail address in their e mail software program address book in order to receive our monthly More Sales Marketing Partner newsletter that will supply information and news that will help you to sell more signs and make more money.
  
  
• MediaWorks will test, supply and keep updated, a page of official DomainPlates graphics and appropriate text ads for Performance Partners to select from for use on their web sites and in their ezines.
  
  
• This Agreement is governed by the laws of the United States and the state of New York. Any action relating to this Agreement must be brought in the federal or state courts located in Glens Falls, NY and will be limited to the total of the average monthly commissions earned by you over the previous 6 months and will include any and all legal and court costs you might incur persuing the action.

It is against your Affiliate Marketing Partner agreement to advertise either DomainPlates or RealtyTags via unsolicated email. DO NOT send unsolicited email to promote DomainPlates or RealtyTags or you will be in violation of your Affiliate Marketing Partner's operating agreement and your account will be terminated, forfeiting all outstanding referral fees.