This agreement describes the entire terms and conditions for participation in the Mosquito Solutions Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). Wherever the agreement refers to "you" or "your", it means "the Affiliate"; "we" or "our" refers to Mosquito Solutions. Affiliate Site Mosquito Solutions will create unique URL for you when you submit a complete Affiliate Enrollment Form. This is the URL for your unique Affiliate Site. Commissions You will receive 6% of the revenue as a commission from orders placed through your Affiliate Site. For a sale to generate a commission to an Affiliate, the customer must complete the order form from that Affiliate's Affiliate Site and remit full payment for the service ordered. You will receive 3% of the revenue from orders placed through the Affiliate Sites of those sub-Affiliates that you have sponsored into the Affiliate Program. Commissions will only be paid on sales that are made through qualified Affiliate Sites. Payment Mosquito Solutions will send a check for the applicable commissions within approximately 30 days after the end of each calendar month. If the customer returns any order that generated a referral fee, or if there are any returned checks or charge backs, the amount will be deducted from the next monthly payment. If there is no subsequent payment, the Affiliate will be invoiced. Order Fulfillment Mosquito Solutions will be solely responsible for processing every order placed by a customer on the Affiliate Site. Mosquito Solutions reserves the right to reject any order that does not comply with our rules, operating procedures and policies. Customers Customers who purchase products and services through the Affiliate Program will be deemed to be customers of Mosquito Solutions. Accordingly, all Mosquito Solutions rules, policies, and operating procedures concerning customer orders and service will apply to those customers. We may change our policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. Mosquito Solutions policies will always determine the price paid by the customer. Qualifying Sites Mosquito Solutions reserves the right not to accept any site into the Affiliate Program based on site content. Sites that Do Not Qualify for the Mosquito Solutions Affiliate Program include sites which: promote sexually explicit materials promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities violate intellectual property rights Unsolicited Commercial Email Mosquito Solutions in no way participates in mass unsolicited emailing (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 Mosquito Solutions Affiliate Program, with no refund. Scumware Scumware is the use of Pop-up banners that hide banners that are displayed on a site, placement of icons beside keywords found in text that if clicked will take the visitor to someone else's site, etc. Mosquito Solutions as a company promises it will not use such predatory advertising methods. Further, affiliates using such methods will have their account terminated. 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 this statement. 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 commissions paid or payable to you under to this Agreement. Disclaimers We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the 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 errors. The laws of the United States and the State of Texas will govern this Agreement, 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 Houston, TX, 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 the Affiliate Order 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.            Copyright © 1998-2008 Mosquito Solutions