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Affiliate Program

 

1. Enrollment into the Affiliate Program
To begin the enrolment process, you must submit a completed Affiliate Program application via our site, www.rap4.com ("Our Site"). We will evaluate your application in good faith and will notify you of your acceptance or rejection.

Real Action Paintball Inc ("RAP4") reserves the right to reject your application for any reason whatsoever. For example, we may reject your application if we determine (in our absolute discretion) that your website ("Your Site") is unsuitable for the Affiliate Program for any reason. Such reasons include, but are not limited to:

(1) Content that is in any way unlawful or in breach of intellectual property rights; or

(2) Content that may be deemed harmful, threatening, defamatory, obscene or indecent, harassing, or discriminatory on the grounds of disability, race, sex, ethnicity, sexual orientation, age, or otherwise objectionable in any other manner.

If we reject your application, you are welcome to reapply to the Affiliate Program at any time.

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2. Promotion of our affiliate relationship
As an Affiliate, we will make available to you a variety of graphic and textual links to Our Site (the "Links"). They will be placed on RAP4's Affiliate site. Subject to the terms and conditions hereof, you may display the Links as often and in as many areas on Your Site as you desire. The Links will serve to identify Your Site as a member of our Affiliate Program and will establish a link from Your Site to Our Site.

a.Agreements Regarding Links: In utilizing Links and all other promotional tools as supplied by RAP4 you agree that you will cooperate fully with us in order to establish and maintain such Links and/or promotional tools. You agree that you will:

(1) Utilize the entire code for the Links and other promotional tools (including the tracking codes contained therein) and you shall not in any way alter or remove any part of the code;
(2) Display on Your Site only those graphic or textual images that are provided by us;
(3) Update such images with new images provided by us from time to time throughout the term of this Agreement;
(4) Display such graphic and/or textual images prominently in relevant sections of Your Site; and
(5) Confirm that each Link connecting users of Your Site to the pertinent area of Our Site will in no way alter the look, feel, or functionality of Our Site.

b.Ready made HTML pages: As an Affiliate Site, you have the option to host RAP4 ready made webpages as a complete site or as part of Your Site. The purpose of these ready made web pages is twofold:

(1) Attract the interest of your users to this area; and
(2) Offer users the opportunity to link to Our Site to open an account and deposit funds. You will have the discretion to determine the format of this area, although Links will be subject to the terms set out herein. We retain the right to monitor your RAP4 ready made webpages to ensure that they are in compliance with this Agreement.

You may not modify any RAP4 ready made webpages without the prior consent of RAP4. Consent shall not be unreasonably withheld.

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3. Our Responsibilities
RAP4 will be responsible for providing all information necessary to allow you to make appropriate links from Your Site to Our Site. We will also remain solely responsible for:

(1) Processing every deposit placed by a customer following a Link from Your Site;
(2) Tracking the volume and amount of sales generated by Your Site;
(3) Providing information to Affiliate Sites regarding sales statistics; and
(4) Payment processing, cancellations, bad debts, fraud, and related customer service.

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4. Other Responsibilities and Opportunities of Affiliate Sites
a. Links: If you qualify and agree to participate as an Affiliate Site, you shall display, with our consent, Links and other promotion tools prominently throughout Your Site in positions as you see fit.

b. Competitions and Promotions: As an Affiliate Site, you will be entitled to participate and promote on Your Site any competitions and special promotions we may offer, and in connection therewith, we shall make such competitions and promotions available to users of Your Site. In addition, you will be entitled to earn referral fees as set forth in sections 6 and 7 below.

c. Compliance with the Agreement: We have the right in our absolute discretion to monitor Your Site at any time and from time to time to determine if you are in compliance with the terms of this Agreement and the right to terminate this Agreement at any time for any reason whatsoever, including for non-compliance with the terms of this Agreement.

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5. Referral fees
a. Subject to clause (b)(c) below, we will pay you referral fees based upon the payment model(s) which you are subject to at the applicable time. There are three payment models:

(I) You will be paid referral fees based upon the amount each RAP4 customer who has come to Our Site directly through a Link or promotional tool hosted on Your Site.

(II) Net Revenue Share Model: You shall be paid referral fees based on our net revenue generated by the customer came to Our Site directly through a Link or promotional tool on Your Site.

b. If during the first month of the term of this Agreement, or during any month following the payment of referral fees to you, your referral fees earned do not exceed eighty-five dollars ($85.00), then you shall not be entitled to receive any referral fees during the applicable month. You will be paid referral fees at the end of each month during which your aggregate unpaid referral fees exceed eighty-five dollars ($85.00). At such time, you also will be paid all previously earned and unpaid referral fees.
c. Referral fees are paid on completed orders of retail customers only. No referral fees will be paid to orders from dealers, wholesalers, sponsorship teams and other customer groups that are already receiving discount prices from RAP4.

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6. Referral Fees Schedule
You will earn referral fees according to the fee schedule set forth herein:

a. You earn 10% on the Referred Affiliate Model, depending on the amount of revenue generated by you in any one month. Referral fees do not include amounts due to credit card fraud, charge backs, bad debt and credits for cancelled services ("Net Sales") or suspected non-bona fide accounts as determined by RAP4 in its sole discretion.

b. Affiliates will not be paid for individual new customers who sign up more than once. WARNING: If we suspect affiliates to be signing up internally, numerous accounts for the purpose of defrauding RAP4, we shall not pay the relevant bonuses and we will terminate the Affiliate Agreement immediately.

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7. Reports of Sales
You will be given a password and have the ability to enter the RAP4 password-protected site to receive your sales statistics on a daily basis.

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8. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to RAP4 as your partner, which disparages RAP4, which contains false information or representations concerning RAP4 or its services, or which otherwise contravenes the terms of this Agreement in any manner.

Failure to comply with this provision shall result in the immediate termination of this Agreement and the forfeiture of any referral fees credited to your account. You will further be required to immediately remove the impugned information and/or representations from Your Site (or any other website over which you have control) and you will be required to immediately post a retraction/correction at RAP4's direction. Notwithstanding the foregoing, RAP4 shall also retain the right to bring legal proceedings against you for any damages suffered as a result of your actions.

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9. License

WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE LICENSE TO USE THE LINKS AND RAP4 LOGOS AND TRADEMARKS ("LICENSED MATERIALS") AS FOLLOWS:

a. To permit users of Your Site to access Our Site through the Links solely in accordance with this Agreement;

b. To use the RAP4 Trademarks and Logos solely in connection with such Links; and

c.To use similar identifying material relating to us (but only in the forms that they appear on our http://www.rap4.com/os/affiliate_affiliate.php site) for the sole purpose of linking Your Site to Our Site.

You may not alter, modify, or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials while you are a member in good standing with RAP4's Affiliate Program. You shall not make any specific use of any Licensed Materials for purposes other than in connection with supporting new accounts (sales) to RAP4 from Your Site without first submitting a sample to us and obtaining the prior written consent of your RAP4 Affiliate's Manager. Consent shall not be unreasonably withheld. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. We may revoke this license at any time, by giving you written notice. In entering into this Agreement, you allow us to provide Links from RAP4 sites to Your Site(s) for the purpose of promoting this Agreement. This license shall terminate immediately upon the termination of this Agreement.

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10. Obligations Regarding 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. Such responsibilities include, but are not limited to, the technical operation of Your Site and all related equipment; the accuracy and propriety of materials posted on Your Site; and, ensuring that materials posted on Your Site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim all liability for all such matters.

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11. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Termination of this Agreement will be effective immediately upon the provision of such written notice. You are only eligible to earn commission on sales occurring during the term of this Agreement, and commissions earned through to 11.59 pm PST on the date of termination will remain payable only if the related deposit is valid. We may withhold your final payment for a reasonable amount of time to ensure that any required deductions for chargebacks, etc. have been made.

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12. Modification
We may modify any of the terms and conditions contained in this Agreement at any time in our absolute discretion. You will be notified by e-mail and a change notice will be posted on Our Site. Modifications may include, but are not limited to, changes in the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program following our posting of a change notice or new agreement on Our Site will constitute binding acceptance of the change.

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13. Relationship of Parties
You and RAP4 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.

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14. Representations and Warranties
Except as otherwise stated herein, we make no express or implied warranties or representations with respect to the Affiliate Program or any RAP4 services sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability or non-infringement, or any implied warranties arising out of 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.

YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT, IN FULFILLING YOUR OBLIGATIONS PURSUANT TO THIS AGREEMENT, YOU ARE IN COMPLIANCE WITH ALL APPLICABLE LAWS, REGULATIONS, BY-LAWS, ETC. IN THE JURISDICTION IN WHICH YOU RESIDE AND IN WHICH YOUR SITE IS SITUATED. RAP4 MAKES ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES IN THIS REGARD.

You are solely responsible for ensuring that the content of Your Site and your products and services that you offer from Your Site comply with all applicable copyright and other laws. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material on Your Site in violation of the law or any agreement, and your indemnity, below, will protect us if you do so.

You hereby represent and warrant to RAP4 as follows:
a. This Agreement constitutes its legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. Your performance of this Agreement and the consummation of the transactions contemplated hereby will not, with or without giving of notice, the lapse of time, or both, conflict with or violate
(i) any provision of law, rule or regulation to which you are subject,
(ii) any order, judgment or decree applicable to or binding upon your assets,
(iii) any provision of your by-laws or certificate of incorporation (if applicable), or
(iv) any agreement or other instrument applicable to or binding upon your assets.
c. No consent, approval, authorization of, exemption by or filing with any governmental authority or any third party is required to be obtained or made by you in connection with the performance of this Agreement or the taking by you of any other action contemplated hereby.
d. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you with respect to this Agreement, or with respect to you trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

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15. Confidentiality
All information, including without limitation, the business and financial information, customer and supplier lists, and pricing and sales information, concerning RAP4 or any of our Affiliates shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through another source.

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16. Limitation of Liability
RAP4 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 AFFILIATE 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 AFFILIATE PROGRAM WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

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17. Indemnity
You hereby agree to indemnify and hold harmless RAP4 and its holding company, subsidiaries and other group companies, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable legal fees and expenses) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:

(1) any claim that our use of any trademarks or other proprietary material provided by you pursuant to this Agreement infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party;

(2) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or

(3) any claim related to Your Site, including, without limitation, content therein not attributable to us.

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18. Notification
All notices to us in connection with this Agreement shall be deemed given as of the day they are received either by messenger, delivery service or in the US mails, postage prepaid, certified or registered, return receipt requested, and addressed as follows:

RAP4 650 Nuttman St. #107, Santa Clara, CA 95054, USA. Attention: Affiliate Program Manager

All notices to you in connection with this Agreement shall be sent by email to the email address provided on your Affiliate Program application and shall be deemed given as of the date that such email is sent.

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19. 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 AFFILIATE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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20. Governing Law
This Agreement will be governed by the laws of Santa Clara. You hereby submit to the jurisdiction of the Courts located in Santa Clara, CA with respect to any dispute, claim or other matters arising under this Agreement and the Courts of Santa Clara, CA shall have non-exclusive jurisdiction with respect to any such dispute, claim or other matters. However, nothing herein prevents RAP4 from proceeding against you in courts of any other jurisdiction.

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21. Assignment and Non-Waiver
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent, which may be withheld in our unfettered discretion. Subject to that restriction, this Agreement will be binding on, enure to the benefit of and be enforceable against you and your 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.

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22. Entire Agreement
This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous communications.

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