This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the TalkToTara.com Affiliate Program (the "Program"). As used in this Agreement, "we" means TalkToTara.com and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to TalkToTara.com’s site, located at the URL TalktoTara.com, or to any site that you will link to our site (and which you will identify in your Program application). "Sale" and "Purchase" refers to both sales and rentals of such items available on our website.

1. Program Enrollment
Your application is automatically pre-approved. We do evaluate every application in good faith and reserve the right to deny and discontinue any contract with you based on the following conditions. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that: promote sexually explicit materials or anything deemed otherwise vulgar by TalkToTara.com; promote violence; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities; include "TalkToTara.com" or variations or misspellings thereof in their domain names otherwise violate intellectual property rights. If we reject your application and close your affiliate account, we hold no obligation to pay any affiliate commissions made after that account is closed.

If we reject your application, we will try in good faith to notify you via email, fax, mail and/or phone that your account is rejected. You are welcome to reapply to the Program at any time. If your site is determined (in our sole discretion) at a later date to be unsuitable for the Program, we may terminate this Agreement. We reserve the right to terminate this Agreement at any time for the above mentioned reasons.

2. Links on Your Site
Once you have signed up, you may provide on your site one or more links to our site. You may link to any publicly accessible page on our website, using the affiliate linking methods mentioned on our website.

We will provide you with guidelines to use in linking to our web pages. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such Affiliate Link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such Affiliate Link formats are referred to as "Affiliate Links." You will earn referral fees only with respect to activity on our site occurring directly through Affiliate Links; we will not be liable to you with respect to any failure by you to use Affiliate Links, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

3. Order Processing
We will process Product orders placed by customers who follow Affiliate Links from your site to our site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Affiliate Links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion. Payment of referral fee will not be made until the referral fee meets or exceeds $25.

4. Referral Fees
We will pay you (in accordance with Section 5 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through an Affiliate Link from your site to our site, and add a Product to his or her shopping cart, then complete the transaction process with us. We will only pay referral fees on such Products after order, payment and shipping have occurred.
Gift certificates are not eligible to earn referral fees.

If you are achieving commissions then it is assumed that your affiliate links are publicly available and easy to get to on the site mentioned in your application. We reserve the right to randomly check your site for the existence of these links. If no links are found and you can not provide evidence of publicly accessible affiliate links on your site, we can hold this as reason to terminate your account.

Attempts to use the affiliate program as simply a "discount" mechanism for your personal purchases (at our sole discretion) are not permitted. This includes but is not limited to: private affiliate links for your own personal purchases, with no proof of the above mentioned public links. Such purchases may result (at our sole discretion) in the withholding of referral fees or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Affiliate Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Affiliate Links on your site to access our site); (b) post any Affiliate Links on any Web site or other platform that is accessible through any Internet Access Appliance; (c) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (d) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (e) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (f) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; or (g) post or serve any advertisements or promotional content around or in conjunction with the display of our site (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. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

5. Referral Fee Schedule
You will earn referral fees based on TalkToTara.com Qualifying Revenues according to referral fee schedules to be established by us. "TalkToTara.com Qualifying Revenues" are revenues derived by us from our sales of Qualifying Products (Currently, all TalkToTara.com MP3 audio interview products are Qualifying Products, but we reserve the right to make any product or products ineligible), excluding costs for shipping, handling, credit card processing fees, returns and bad debt. The current referral fee schedule is: 10% of TalkToTara.com Qualifying Revenues from the sale of each Individually Linked Audio Interview that is purchased.

6. Referral Fee Payment
We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each month, we send a check for the referral fees earned via US postal service to the payee address listed in your account. However, if the referral fees payable to you for any month are less than $25, we will hold payment until the total amount due is at least $25 or (if earlier) until this Agreement is terminated. In calculating referral fees, we will deduct the corresponding referral fee from your next monthly payment if a Product that generated a referral fee is returned by the customer. If there is no subsequent payment, we will send you a bill for the referral fee.

7. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of TalkToTara.com. Accordingly, all TalkToTara.com rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. Product prices and availability may vary from time to time. Because price changes may affect Products that you already have listed on your site, you should not include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

8. Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text described below and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time.

We grant you a nonexclusive, revocable right to use any pre-approved banner ads, graphics, multimedia and audio interview text descriptions made by TalkToTara.com. You are not allowed to use any other graphic, image, multimedia or anything else from our site under penalty of current copyright and trademark laws.

9. Responsibility 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;
Creating and posting Product descriptions on your site and linking those descriptions to our website;
The accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials);
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, attorneys’ fees) relating to the development, operation, maintenance, and contents of your site.

10. Term of the Agreement
The term of this Agreement will begin upon your submittal 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 written notice of termination. 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 TalkToTara.com images and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

11. Modification
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. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

12. 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.

13. 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 this Agreement.

14. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a 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.

You must be 18 or older to participate in this program.

15. 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 WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16. Arbitration
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

17. Miscellaneous
This Agreement will be governed by the laws of the United States and the state of Washington, without reference to rules governing choice of laws. 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 be 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.