TERMS OF SERVICE >FixThePixs.com Webmaster Affiliate Marketing Agreement

This agreement describes the complete terms and conditions for participation in the FixThePixs.com Affiliate Program. The FixThePixs.com Affiliate Program is operated by Digital Picture Services, LLC. In this agreement, FixThePixs.com and Digital Picture Services, LLC are collectively referred to as "FixThePixs.com". In this agreement, the term "Participant" refers to the applicant, and "web site" refers to a world wide website from which you will link to FixThePixs.com. Wherever the agreement refers to "you" or "your", it means the "Participant"; "we" or "our" refer to FixThePixs.com. Under this agreement, FixThePixs.com will create html web pages using the information in your Affiliate Application. These pages are referred to as "Affiliate's Personals Pages".

Enrollment in the Program

By signing up as an affiliate, you will automatically become an FixThePixs.com affiliate. Your participation in the program is solely for this purpose: to legally advertise the FixThePixs.com site and sevices and receive a commission on sales generated by your referrals. You also agree to receive periodic mailings to affiliates regarding the datepixs affiliate program.To begin the enrollment process, you will submit a complete Program application via our site URL here. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.

Revocation of Affiliate Status

Your affiliate application and status in the program may be suspended or terminated for any of the following reasons: Inappropriate advertisements (False claims, misleading hyperlinks), Spamming (mass email, mass newsgroup posting, etc...), Advertising on sites containing/promoting illegal activities, Violation of intellectual property rights (inappropriate use of material posted to the FixThePixs.com site)

• Unsuitable sites include those that:
• include "FixThePixs.com" or variations or misspellings thereof in their domain names or that otherwise violate intellectual property rights;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• promote illegal activities;
• promotion or display of defamatory, libelous or harmful material or material that otherwise infringes upon the rights of any third parties;
• violent images or messages that promote violence;
• spamming (repeated, unsolicited emails) of Affiliate's users.

Links on Your Site

Once you have been notified that your site has been accepted into the Program, you may provide on your site one or more of the following types of links to the home page of our site:

• 468x60 Banner links
• 120x60 Banner links
• 120x90 Banner links
• 120x600 Banner links
• 250x250 Banner links
• 88x31 Banner links
• Approved Text links

We will provide you with guidelines and approved graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tracking" links to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Tracking Links." You will earn referral fees only with respect to activity on our site occurring directly through Tracking Links; we will not be liable to you with respect to any failure by you to use Tracking 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.

Commission Payments

All Affiliates will be paid by FixThePixs.com on a "pay by sale" arrangement.
All commisions will be paid using the "PayPal" system/

We will pay you referral fees based on subscription sales within a monthly period that starts with the first day of each month and ends with the last of said month. The form, content, and frequency of sales reports to Affiliates may vary at our discretion. To permit accurate tracking, reporting, and commission accrual, you must ensure that the Tracking Links between your site and our site are properly formatted. We will pay you commissions on a monthly basis. Every month we will send you a check for commissions earned on referred subscription sales in excess of $50. Commissions less than $50 carry over to the next month. If any of the sales generated by your referral are refunded on behalf of the customer, we will deduct the corresponding commission from your next monthly payment. If there is no subsequent commission, we will send you a bill for the balance.

Refunds, Chargebacks and Bad Checks

If a subscription is later refunded to the customer or charged back by the customer, or if a customer's check does not clear, the referral/bounty fee, and any affiliated charge back fees, will be deducted from the next monthly payment sent to the Participant. Additionally, all affiliate commissions are calculated based on the net amount of subscriptions earned, less chargebacks, refunds, and other transactions that may occur during the first fourteen days of the reported calendar month.

Time Limitations For Depositing Affiliate Checks

United States (US) residents are required to cash or deposit any check from FixThePixs.com within ninety (90) days of the date the check was issued. This information is printed on all checks. FixThePixs.com is not required to reissue payment for affiliate checks older than ninety (90) days.

Lost, Stolen, Or Destroyed Checks

It is the responsibility of the Affiliate to request in writing a reissue of lost, stolen or destroyed checks within the ninety (90) day period outlined above. The request must include as much information about the dates and earnings in question as possible, including the User Login of the account and to whom the check was issued. Email requests are sufficient. Reissued checks are held to the same ninety (90) day expiration rules. All bank fees related to the issuance of replacement checks or other payments, including charges for stop orders on previously issued checks, shall be the charged to the Affiliate. We will often receive returned checks because the mailing address provided by the affiliate is incorrect or insufficient. In these cases, we will contact the Affiliate upon receipt of the returned check. It is the responsibility of the Affiliate to respond and correct the information as necessary. After ninety (90) days without a reply from the affiliate regarding the issue, the check will become voided, and FixThePixs.com will not be required to re-issue payment. After 180 days (6 months) without a reply from the Affiliate, all payments will become null and void, and the Affiliate account will be terminated.

Tracking of Subscription Sales

We will be solely responsible for tracking subscription sales. Statements of subscription sales activity will be provided to the Affiliate via online reporting. To protect FixThePixs.com customer privacy, the names or other personal information about specific customers will not be provided to the Affiliate but shall be retained exclusively by ePersonals.com. In addition, all personal information about specific customers collected by FixThePixs.com shall be owned solely and exclusively by ePersonals.com. Affiliate agrees to comply with the posted FixThePixs.com privacy policy, as it may be changed from time to time, with regard to any personal information collected by Affiliate from subscribers of FixThePixs.com in their status of FixThePixs.com subscribers. Affiliate need not comply with the FixThePixs.com privacy policy in its other dealings with persons who are also FixThePixs.com subscribers as long as it is clear to the user that they are not dealing with Affiliate as a representative of FixThePixs.com when such information is being collected.

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. For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting Product descriptions on your site and linking those descriptions to our catalog the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials) 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) ensuring that materials posted on your site are not libelous or otherwise illegal 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.

Term of the Agreements

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 FixThePixs.com 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 our 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 of this Agreement

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, payment schedules, changes available commissions, payment procedures, and Program rules. If any modification or change 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.

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.

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.

Affiliate will not claim or hold itself out as claiming any sponsorship by, endorsement by, or affiliation with FixThePixs.com or its parent corporation, subsidiary corporations, and successors.

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, 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 will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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.

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 Nevada, 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.