• Term of the Agreements: The term of this Agreement will begin upon our acceptance of your Affiliate 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 (or email) notice of termination. You are only eligible to earn referral fees on sales occurring during the term.
  
  
• 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 to this Agreement.

• Commissions: 25% commission will be paid to Affiliate members for authorized sales & repeat purchase of TomNicoli.com CDs and Tapes; 35% will be paid on MP3 downloads. Tracking is done by cookies which expire 185 days (approx. 6 months) after affiliate link is clicked.

• Use of Text: You may use any of the banners available in the secure affiliate area on your web site to promote TomNicoli.com products. But you may not use any text from the tomnicoli.com sales pages or web site on your site without prior permission from tomnicoli.com.

• Commission Payment: A minimum of US $50 commission must be accrued by an Affiliate member before any payment will be made. Payments of US $50 or over will be paid to Affiliate members by the 15^th of the month for all authorized sales in the prior month. Payments are paid by our fulfillment service, JennTech, Inc.
  We do pay affiliate commissions on sales to yourself only under these circumstances:
  1. You must have a link on your website to TomNicoli.com and you must make your purchase through that link.
  2. If this is the first affiliate sale that you make, we will only pay you after the second sale (from a person other than yourself) is generated from your web site. This is done to prevent persons signing up for our affiliate program ONLY to get a discount on personal sales.

• Modifications: TomNicoli.com may modify any of the terms and conditions contained in this Agreement, at any time and at TomNicoli.com's sole discretion, by posting a change notice or a new contract on the TomNicoli.com. web site. Modifications may include, for example, changes in the scope of available commissions, fee schedules, payment procedures, and Affiliate Program rules.

  IF ANY MODIFICATION IS UNACCEPTABLE TO AFFILIATE, AFFILIATE'S ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. AFFILIATE'S CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING TomNicoli.com’s announcement of a contract change or a new contract WILL CONSTITUTE BINDING ACCEPTANCE OF THE CIANGE.

To cancel your TomNicoli.com Affiliate Program account, please send an email stating your Name, email, Affiliate ID number and web site address / URL to JennTech@ProsperUSA.com