This Affiliate Agreement contains the complete terms and conditions that apply to your participation in our Affiliate Program. As used in this Agreement, "we" or "us" refers to BoomerBikerOnline.com and "you" refers to you - the applicant. All applicants must be 18 years of age or older to enter into this Affiliate Agreement with us.

1. How Do I Enroll in Your Affiliate Program?

   To begin the enrollment process you must submit a completed Affiliate Program application. Upon receipt of your application we will evaluate it and notify you of its acceptance or rejection.

   Although we hope your application will be successful, we reserve the right to reject applications for any or no reason. For example, if you have a website and plan to hyperlink to us, we may reject your application if we determine that your site is unsuitable for the Program, including if it:

   • Promotes sexually explicit materials
   • Promotes violence
   • Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
   • Promotes illegal activities
   • Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
   • o Includes "BoomerBikerOnline.com" or variations or misspellings thereof in its domain name
   • Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
   • o Purchase or bid for placement of any of BoomerBikerOnline.com's trademarked company names. These names include: (BoomerBikerOnline - BoomerBikerOnline.com) and any variation of our trademarked name.

   If we reject your application, you are welcome to reapply to our Affiliate Program at any time. You should also note that if we accept your application and your site is later determined (in our sole discretion) to be unsuitable for our Affiliate Program, we may terminate this Affiliate Agreement at any time. We will not be liable to you for any costs, damages or lost profits as a result of our termination of this Affiliate Agreement.
   
   

2. How Do I Link My Site to BoomerBikerOnline.com?

   Once we notify you that your application has been accepted, we will make available to you banner advertisements, buttons and/or text links to our site. The links we may make available could be in the form of:

   • A logo that links your home page to ours
   • A picture of one or more of our products that links your site to the page on ours where such products are offered
   • A search box that permits your visitors to link directly to a page on our site that contains the results of their search queries.

   These links will allow your visitors to enter our site and enable us to keep track of your Affiliate Membership Sales commissions should they become members of BoomerBikerOnline.com. If we accept your application, we will provide you with instructions describing how to include and maintain links to our site.

   To permit accurate tracking, and reporting the links we provide you are in a special "tagged" link format, or "Tagged Links". You are responsible for ensuring that each of the links between your site and our site is a Tagged Link. You agree not to modify the Tagged Links in any way.

   
   
   

3. How are Customer Orders Processed?

   We will process all subscriptions placed by the people referred in your name who enter our site via your verbal referral or Tagged Links from your website. We reserve the right to reject any subscriptions that do not comply with our policies or conditions.

   Among other things, we will process Affiliate Membership sales (payments and cancellations) of customers who purchase via your word of moth or through you website's Tagged Links and will make available to you reports summarizing this Affiliate Membership sales activity. The form, content, frequency and method of delivery of these reports may vary from time to time in our sole discretion.

   
   
   

4. How Do I Get Paid?

   We will pay your commission monthly when visitors, referred by you (either verbally or through the use of the Tagged Link from your website) subscribe to our website.

   Note regarding "Cookies": To keep track of your Affiliate referrals, we use a small text file called a "cookie" that is placed on the hard drive of the visitor's computer. Some web browsers permit users to elect not to receive cookies. Only visitors who accept cookies can be tracked for your Affiliate referral fees. You understand that no Affiliate referral fee can be paid for any Membership Subscription made by a visitor who does not accept "cookies" or who has deleted our "cookies" during a Membership Subscription session.

5. How Much Do I Get Paid?

   We will pay you a 50% Recurring Commission for Membership Subscription Fees collected as a result of your participation in our Affiliate Program.

   
   
   

6. Who Sets the Policies and Pricing for Customers?

   Because subscription fees may vary from time to time, we cannot permit you to include Membership pricing on your site independent of the materials we provide in the Links. You are responsible for periodically visiting, reviewing and becoming familiar with the terms and conditions sections of the BoomerBikerOnline.com's site, which are incorporated into this Agreement by reference.
   
   

7. Ownership and License.

   We hereby grant you a limited, non-exclusive, nontransferable, non-sub licensable, revocable right to use the graphic images and text we are providing to you solely for the purpose of creating links from your site to ours. You may not modify the graphic image or text, or any other of our images, in any way, or engage in "site framing" or similar processes. We reserve all of our rights in the graphic image and text, any of our trade names, trademarks, domain names, copyrights trade dress and any other intellectual property rights. You agree to follow our guidelines for use of our trademarks, as those guidelines may change from time to time, in addition, you agree not to use our trademark in any search engine keyword optimization. We may revoke your license at any time by giving you written notice. You also agree that you shall use the Tagged Links only in order to link to our site and to promote your ability to do so pursuant to this Agreement. You agree that you shall not present the Tagged Links or any images comprising them in combination with any other name or mark, in connection with your own goods or services, or in any manner that may suggest or imply that you or your goods or services are supplied by, sponsored by, endorsed by or affiliated with us.
   
   

8. You are Responsible for 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. For example, you will be solely responsible for:

   • The technical operation of your site and all related equipment

   • Posting and maintaining links to our site
   • The accuracy and appropriateness of materials posted on your site
   • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
   • Ensuring that materials posted on your site are not libelous or otherwise illegal We disclaim all liability for these matters.

   Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

9. How Long is the Term of this Agreement?

   The term of this Agreement will begin upon our acceptance of your 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 notice of termination in accordance with the notice provision of this Agreement. Upon the 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 BoomerBikerOnline.com or BoomerBikerOnline.com 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 Affiliate Program. You are only eligible to earn Affiliate referral commissions on Qualifying Subscriptions earned through the date of termination will remain payable only if the related subscriptions are not canceled. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
   
   

10. Can this Agreement be Modified?

    We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THREE DAYS AFTER OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
    
    

11. What is the Legal Nature of our Relationship?

    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 anything in this Section. This is a binding contract between you and us. By completing the application and by clicking on the "Agree" button below, you indicate your willingness to be bound by this Agreement.
    
    

12. Our Liability to You is Limited.

    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 this Agreement.
    
    

13. More "Fine Print"

    We make no express or implied warranties or representations with respect to this Affiliate Agreement. In addition, we make no representation that the operation of our site or the links or Tagged Links will be uninterrupted or error-free, or will not be re-routed or "black holed." As a result, we might temporarily be unable to capture information regarding Tagged Links. We will not be liable for the consequences of any such interruptions or errors. 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 OR MAINTAIN AFFILIATES 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 AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

    Notices to you are effective if provided in writing to the postal addresses, electronically to the e-mail address set forth in the application or if posted on our website. Notice to us may be given in writing to:

    BoomerBikerOnline.com

    2174 Nursery Road

    Clearwater, FL., 33764

    Attention Affiliate Marketing Program

    or by e-mail at:

    affiliate@BoomerBikerOnline.com

    This Agreement will be governed by the laws of the state of Florida 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 Tampa, Florida 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 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.