a. If you qualify and agree to participate as an Affiliate Site, you shall display Links prominently throughout your site as you see fit and with our consent.

b. You shall be entitled to earn referral fee payments for customer sales as set forth in Sections 6 and 7 below.

c. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to Digital Militia LLC by any other person or entity.

d. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, insert, read, intercept, record, redirect, interpret, append itself to, or otherwise intercept or interfere in any manner with any click-through or other traffic-based transaction that originated from any Digital Militia LLC Affiliate affecting in any manner any compensation or other payment earned by or owing to any such Digital Militia LLC Affiliate.

e. You shall not in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of digitalmilitia.com.

f. You shall not use any existing or future software product or service (including, without limitation, any computer programming code that is an add-on or bundled with any browser or other host application) that will replace, intercept, interfere, hinder, disrupt or otherwise alter in any manner a World Wide Web user’s access, view or usage of, or other aspect of such user’s experience at any Affiliate’s website in a manner that causes or otherwise results in a different experience from what was otherwise intended by such Affiliate. You shall not take any action that could reasonably cause any confusion to the user as to what website transactions or actions are occurring.

g. You shall not cause the creation or over-writing of any commission tracking cookie on a consumer’s computer unless it is the direct result of a click, on a link to the digitalmilitia.com site. You shall not cause the creation of any commission tracking cookie on a consumer’s computer through the means of automatically popping up the digitalmilitia.com site, through the use of “I-frames” nor through any other method, other than through a direct consumer-initiated click, on a link to the digitalmilitia.com site.

h. Except for linking as described above, you shall not post or serve any advertisements or promotional content around or in conjunction with the display of digitalmilitia.com (e.g., through any “framing” technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action.

i. You understand that the use of unsolicited commercial e-mail (“spam”) by Digital Militia LLC affiliates is absolutely prohibited. Your participation in the Digital Militia LLC Affiliate Program constitutes your specific and unconditional agreement to abide by this anti-spam policy. Use of any lists, whether purchased or created, compiled by means of automated tools are not permitted. Also, you must use valid e-mail headers at all times.

j. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities listed in Section 4a through 4i, we reserve the right (without limiting any other rights or remedies available to us) to withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

8. Reports of Sales
Through the application process, you shall have the opportunity to register an email address and password and shall have the ability to enter a password-protected site to receive your sales statistics on a daily basis.

9. Policies and Pricing
Customers who buy products at our site through the Affiliate Program shall be deemed to be customers of Digital Militia LLC. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and Digital Militia LLC product sales shall apply to those customers. We may change our policies and operating procedures at any time and from time to time. For example, we, in our sole discretion, shall determine the prices to be charged for dDigital Militia LLC products sold under the Affiliate Program in accordance with our own pricing policies.

10. Publicity
You shall not create, publish, distribute, or permit any written material that makes reference to us without first submitting such material to us and receiving our prior written consent.

11. Licenses and Use of the Digital Militia LLC Logos and Trademarks; Reservation of Rights
 

a. WE GRANT YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, REVOCABLE RIGHT TO (i) ACCESS OUR SITE THROUGH THE LINKS SOLELY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT AND (ii) SOLELY IN CONNECTION WITH SUCH LINKS, TO USE THE DIGITAL MILITIA LLC TRADEMARK AND LOGO AND SIMILAR IDENTIFYING MATERIAL RELATING TO US (BUT ONLY IN THE FORM(S) AS PROVIDED BY DIGITAL MILITIA LLC) (COLLECTIVELY, THE “DIGITAL MILITIA LLC’S LICENSED MATERIALS”), FOR THE SOLE PURPOSE OF PROMOTING DIGITAL MILITIA LLC PRODUCTS ON YOUR SITE. YOU MAY NOT ALTER, MODIFY, OR CHANGE DIGITAL MILITIA LLC’S LICENSED MATERIALS IN ANY WAY. YOU ARE ONLY ENTITLED TO USE THE LICENSED MATERIALS IF YOU ARE A MEMBER IN GOOD STANDING OF OUR AFFILIATE PROGRAM.

b. You shall not make any use of any Licensed Materials for any purpose other than promoting Digital Militia LLC Products on your site. You agree not to use the Licensed Materials in any manner that is disparaging or that otherwise portrays us in a negative light.

c. You grant to us a non-exclusive license to utilize your names, titles, and logos, as the same may be amended from time to time (“Affiliate’s Licensed Materials”), in Digital Militia LLC’s advertising, marketing, promotional and publicity activities; provided, however, that we shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

d. You may not register the words Digital Militia LLC or variations thereof for use in any search engine, portal, advertising service or similar services service. purchase or register search engine keywords, AdWords, search terms or other identifying terms and domain names that include the words "Digital Militia" or any variations thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits You from bidding on:


• "Digital Militia" and any keyword string that includes this term. For example, "Digital Militia LLC T-Shirts", "Digital Militia LLC Shirts", "Digital Militia LLC and Shirts", "Digital Militia LLC clothing", “www.digitalmilitia.com”, etc.;


• Variations of Digital Militia LLC’s trademark: for example "Digital Militia", "Brand Black", "MoleculeWear", etc.


e. The rights granted by Digital Militia LLC herein do not constitute any assignment of ownership or other transfer of ownership interests therein or in any property of Digital Militia LLC, including without limitation, any domain name, website or in any intellectual property of Digital Militia LLC to you. At no time during or after the term of this Agreement shall you challenge or assist others to challenge any Digital Militia LLC trademark, logo, or trade dress (except to the extent expressly prohibited by applicable law) or the registration thereof or attempt to register any trademarks, marks or trade names confusingly similar to any Digital Militia LLC trademark, logo, or trade dress.

f. All licenses, rights and interests in, to and with respect to the Affiliate Program, the Website, Digital Militia LLC’s Licensed Materials, elements and parts thereof not specifically granted herein to Participant (including, without limitation, all rights of copyright) shall be entirely reserved, as between the Parties, to Digital Militia LLC and may be fully utilized by Digital Militia LLC without limitation and without regard to any licenses and rights granted herein. 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.

12. Obligations Regarding Your Site

a. You shall be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. Such responsibilities include, but are not limited to, (1) the technical operation of your site and all related equipment; (2) creating and posting product descriptions, and references on your site and linking those descriptions to our site; (3) the accuracy and propriety of materials posted on your site; and (4) ensuring that materials posted on your site do not violate or infringe upon, without limitation, the copyrights, trademarks, privacy or other personal or proprietary rights of any third party. Your site shall not (i) violate or infringe upon the rights of any third party, (ii) be libelous, (iii) advocate or promote sexually explicit material, (iv) advocate or promote violence, (v) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, or (vi) otherwise be illegal.

b. We disclaim all liability for all development, operational, maintenance and content matters related to your site. Further, you shall indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.

b. The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby shall not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (i) any provision of law, rule, or regulation to which you are subject, (ii) any order, judgment, or decree applicable to you or binding upon your assets or properties, (iii) any provision of your by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to you or binding upon your assets or properties.

c. You are the sole and exclusive owner of Affiliate’s Licensed Materials and have the right and power to grant to us the license to use your trademarks in the manner contemplated herein, and such grant does not and shall not (i) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.

d. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby.

e. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.