This agreement describes the terms and conditions for participation in the Audio-Bookmark.com Affiliate Program.  The terms "Affiliate," "you," and "your" are referring to you, the applicant.  "We" and "our" refer to Audio-Bookmark.com.  We are independent parties and this agreement will not form any partnership.

This agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party.

Termination may happen at any time, with or without cause, by giving the other party written notice of termination.

By posting a Change Notice or a new agreement on this site, we may modify any of the terms and conditions within this Agreement at any time and at our sole discretion.

These modifications may include, but not limited to changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules.  If any of the modifications are UNACCEPTABLE TO YOU, your only recourse is to terminate this Agreement.  If you CONTINUE PARTICIPATION IN THE PROGRAM following the posting of a Change Notice or new agreement, it will be considered as your acceptance of the change.

You will receive a percentage of the revenue per sale as a commission from orders placed through your Affiliate Site based on the following table:

For a sale to generate a commission to an Affiliate, the customer must complete the order form, remit full payment for the audio book ordered and have their download completed.  Affiliate commissions will only be paid on sales which are made using qualified Affiliate codes.

Referral fees can only be earned between the acceptance of the Affiliate application and notice of termination.  Fees will be paid on the 1st of each month after a 1 month delay by Spoken Network, our parent company. Any returned checks, chargebacks, or fees from a returned order will be adjusted in the following fee payment.

Audio-Bookmark.com will be solely responsible for processing every order placed by a customer on the Affiliate sites. Customers who purchase products and services through the Audio-Bookmark.com will be deemed to be customers of Audio-Bookmark.com. Prices and availability of our products and services may vary from time to time.  Audio-Bookmark.com policies will always determine the price paid by the customer.  We will provide discount coupon codes at your request, up to your commission rate, which will reduce your commission by the same percentage rate.  We reserve the right to reject any order that does not comply with our rules, operating procedures and policies.

WEBSITE RESTRICTIONS

Audio-Bookmark.com reserves the right not to accept any site into the Audio-Bookmark.com based on site content. Sites that Do Not Qualify for the Audio-Bookmark.com Affiliate Program include sites such as sites that are:

• X- rated and promote sexually explicit materials
• Promoting violence and discord.
• Promoting discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Promoting illegal or questionable activities
• Violating intellectual property rights

SPAM (UCE)

Unsolicited Commercial E-mail - Audio-Bookmark.com in no way participates in mass unsolicited e-mailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well.  Violation of this policy will result in the termination of this contract and immediate dismissal from the Audio-Bookmark.com Affiliate Program.

DISCLAIMER

We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Audio-Bookmark.com Affiliate Program.  In addition, we make no representation that the operation of our site or the Affiliate Sites will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or down time.

This Agreement will be governed by the laws of the United States and the District of Columbia, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the Federal or State courts located the State of New Mexico. 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 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.

By submitting this Affiliate Sign-up form, you acknowledge that you have read this agreement and agree to all its terms and conditions.  You have independently evaluated this program and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

I have read the terms of this agreement and I accept.