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Blank Shirts, Inc. AFFILIATE PROGRAM TERMS OF USE and NOTICES 1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate 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. You are only eligible to earn referral fees on sales occurring during the term. 2) 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 this site. Modifications may include, for example, changes in the scope of available referral fees, 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. 3) 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 to this Agreement. 4) Affiliate Keyword Bidding Policy: You may not bid on any of our domain names as keywords (blankshirts.com, blankcaps.com, trendyblanks.com). This policy also extends to misspellings/variations of our domain names. You may bid on any other keywords in Pay Per Click Search Engine's to promote Blank Shirts products, in fact we encourage it! 5) No Auto Cookie Setting Allowed: You agree not to auto-set a cookie on the user's browser in any way. Auto-setting cookies by way of popups or popunders, framing techniques, redirects, or any other means is not allowed. We reserve the right to expire publishers that are using any type of auto-cookie setting. If you are unclear as to what constitutes auto cookie setting or cookie stuffing, please contact tech@blankshirts.com for clarification. 6) Commission Payment: We will pay you commissions on a monthly basis. Approximately 15 days following the end of each calendar month, we will send you a check for the referral fees commissions earned on sales of products that were shipped and paid during that month. However, if the referral fees payable to you for any calendar month are less than $25.00, we will hold those referral fees until the total amount due is at least $25.00 or until this Agreement is terminated. If a product that generated a referral fee is not paid in complete by the end customer, is returned or is purchased by the use of a fraudulent credit card, we will deduct the corresponding referral fee from your next payment. 7) Tax Reporting Requirement: United States Affiliates (individual/resident/corporation/business) must provide us with a completed W-9 Federal Tax form before we will issue a check to the Affiliate. We agree to issue a 1099 to Affiliates only if they reach the maximum payout allowed under Federal tax law (currently $600 - 3/30/01). We will provide you with the necessary form. 8) 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. 9) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Nevada, 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 Reno, Nevada, 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 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. 10) Spyware: We will refuse all applications or signups from affiliates which we believe participate in spyware, adware or parasiteware techniques for driving traffic. We reserve the right to research and investigate affiliates and their activities and, at our own discretion, determine whether or not these practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions. 11) SPAM: Products or services of this Affiliate Program may not be marketed by sending unsolicited mailings. (UPDATED: May 2005)