Affiliate Program

Lone Star Makers Test Store

This Agreement, made and entered by and between Lone Star Makers. ("LSM"), and you, the affiliate, contains the complete terms and conditions that apply to your participation in the LSM Affiliate Program.

1) Enrollment in the program

You will submit a complete Affiliate Program application from our site by signing up. By completing the application, you authorize that you have read and accept these Affiliate Program Terms and Conditions. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the purpose of the LSM Affiliate Program. If your site is accepted, LSM may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the program.

2) Promotion of the Affiliate Program

As an affiliate, we will make available to you a variety of graphic and textual links which, subject to the terms and conditions hereof, you may display on relevant areas of your site. These links are available in the Affiliate Members section on our website. The links will serve to identify your site as a member of our program and will establish a link from your site to our store.

3) Our Responsibilities

We will be responsible for providing all information necessary to allow you to make appropriate links from your site to our site, however, any changes you may make must be approved in writing by us. We will be solely responsible for processing orders placed on our site by a customer following a clickthrough from your site, tracking the volume and amount of sales generated by your site, and providing information to affiliate sites regarding sales statistics. We reserve the right to reject or cancel orders. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and customer service related to our site.

4) Responsibilities of Affiliates

You are responsible for placing the LSM Affiliate links on your site. You have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.

You must ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site. You indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site. As an Affiliate, you will make sure that your site does not copy or resemble the look and feel of LSM and any of its properties or create the impression that your site is our site or a part of our site.

Your affiliate tracking cookie may ONLY be set on a user\'s computer when they click on a link from your website or your opt-in email newsletter that takes them directly to our website.

You will refrain from using "parasitic" tactics that overwrite other affiliate cookies via pop-up ads, redirects, toolbars, spyware or other downloadable applications. If you are discovered to be using any of these tactics you will forfeit any commissions due, and may be required to return any previously paid commissions.

5) Commissions Payout

Sales of LSM products will qualify for a commission when the following conditions are met: products are sold by us, products are purchased by users linking to our site from your site through a link or banner ad, products are shipped by us and LSM has received full payment. Commission rate will be a minimum of the displayed or advertised percentage of net sales for qualifying purchases.

The commissions paid under this Agreement are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by us. The fact that a compensation amount is reported for any tracked activity does not necessarily mean that a payment is due to You from LSM, since payment may be subject to additional conditions established by LSM, including policies regarding order cancellation, returned merchandise, receipt of pending credit card authorizations and/or chargebacks and minimums for earned compensation before payment is made. You agree that You are solely responsible for any and all tax obligations, if any, due to all taxing authorities arising from or in connection with Your participation in any LSM Offering or the LSM Affiliate Program.

6) Policies and Pricing

Customers purchasing LSM products through the program will be deemed our customers. All rules, policies, terms, and conditions and operating procedures concerning customer orders, customer service, and LSM product sales will apply to those customers. We may change our policies and operating procedures, including pricing, at any time. We solely will determine the prices to be charged for the LSM products sold under the program in accordance with our own pricing policies. You may not include price information on your site unless pricing information is made available on links we provide. Prices and availability of LSM store products may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

7) Publicity

You cannot create, publish, distribute, or permit any material that makes reference to us or uses our name or any of our trademarks without first submitting such material to us and receiving our written consent. You cannot place any advertising, including keyword advertising, which contains our name (or any URL or derivation of our name) without first receiving our written consent. You cannot place any keyword advertising which competes directly with our advertising.

8) Limited License

We grant you a nonexclusive, nontransferable, revocable right to access our site through the links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the program and assisting in increasing membership in the LSM Affiliate Program. You may not alter, modify, or change the links in any way without written permission from us first. You are only entitled to use the links to the extent that you are a member in good standing of the LSM Affiliate Program. We may revoke your license anytime by giving you written notice.

9) Term of the Affiliate Operating Agreement

The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party by giving the other party notice of termination. Upon 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 LSM store 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.

10) Modification

We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.

11) Relationship of Parties

You and LSM 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.

12) Disclaimers

We make no express or implied warranties or representations with respect to the LSM website or the LSM Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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.

13) Representations and Warranties

You hereby represent and warrant to us as follows: This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms. The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.

14) Confidentiality

Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its 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 a source or sources other than such party hereto or its affiliates.

15) 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 AFFILIATE NETWORK, 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.

16) 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 websites that are similar to or compete with your website. You have independently evaluated the desirability of participating in the LSM Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

17) Anti-Spam Policy

Spam is the sending of unsolicited e-mails or web forum postings. Affiliates will be removed from the LSM Affiliate Program and forfeit any pending commissions if they are caught spamming. Spamming is not allowed and will not be tolerated. You are required to adhere to the principles laid down in the CAN-SPAM act of the United States Communications Act. We further request that you maintain a rigid policy of opt-in email lists. In addition, you will be liable to LSM for any and all damages that LSM suffers as a result of such actions. You will also be responsible for returning to LSM all commissions received for such purchases.

18) Fraud

If you commit fraud or falsify information in connection with the purchase of products at LSM through the links on your site, this Agreement will be terminated immediately. In addition, you will be liable to LSM for any and all damages that LSM suffers as a result of such actions. You will also be responsible for returning to LSM all commissions received for such purchases.

19) No Health or Other Representations

All statements made describing LSM\'s products have not been evaluated by the Food and Drug Administration. LSM\'s products are not meant to diagnose, treat, cure or prevent disease. Notwithstanding the fact that LSM may include product cautions and contraindications on its Site, this information is not intended to be complete or comprehensive and it may not cover every health-related matter and every possible health-related issue. The information on LSM\'s Site is not intended to substitute for the advice of a health care professional. Under no circumstances may You represent to the public that LSM\'s products are meant to diagnose, treat, cure or prevent any disease. You have not relied upon LSM\'s skill, judgment or representation in selecting, representing or acquiring LSM\'s products, and you have relied upon your own skill, judgment and expertise.

20) Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, U.S.A., without regard to its conflicts of law principles. Any claim, dispute or controversy (whether in contract, tort, or otherwise, whether pre-existing, present or future, and including statutory, common law, intentional tort and equitable claims) against LSM, its agents, employees, successors, assigns or affiliates (collectively for purposes of this paragraph, "LSM") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), including the validity of this arbitration clause shall be resolved exclusively and finally by binding arbitration administered by the National Arbitration Forum (NAF) under its Code of Procedure then in effect. The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between You and LSM. The arbitration shall be held in Atlanta, Texas at the office of LSM, by telephone, or online (at LSM\'s sole option). Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed at any office of the NAF or at P.O. Box 50191, Minneapolis, MN 55405. You agree that any legal action or proceeding between LSM and You for any purpose concerning this Agreement or the parties\' obligations hereunder shall be brought exclusively in a court of competent jurisdiction sitting in Fulton County, Texas. You hereby waive your right to a jury trial in any action with respect to the subject matter of this Agreement. Any cause of action or claim you may have with respect to the Site must be commenced within one (1) year after the claim or cause of action arises. LSM\'s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. LSM may assign its rights and duties under this Agreement to any party at any time without notice to you. Trademarks and service marks appearing on the Site may be owned by LSM or by other parties not affiliated with LSM. 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 a provision or any other provision of this Agreement.

21) Notices

LSM may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in LSM\'s account information. You may give notice to LSM at any time by letter delivered by certified first class postage prepaid U.S. mail or overnight courier to the following address: Lone Star Makers., 455 E. Paces Ferry Rd., Suite 201, Atlanta GA. 30305. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by an authorized personnel member of LSM.

22) Entire Agreement

This Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of this Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of this Agreement. The headings of sections or other subdivisions of this Agreement will not affect in any way the meaning or interpretation of this Agreement.