One Mom's Battle

Promotion of Our Affiliate Relationshipa. Use of Links. If you qualify and agree to participate as an Affiliate, we will make a variety of graphic and textual linksavailable to you (each referred to herein as a "Link" or collectively, as the "Links"). The Links will serve to identify your website as a member of the Affiliate Program and will establish a link from your website or e-mail to OneMom’sBattle. website. You agree to cooperate fully with us in order to establish and maintain such Links. You further agree thatyour use of the Links must be in compliance with this Agreement at all times.OneMom’sBattle may modify the Links fromtime to time in its sole discretion. You will not use graphic or textual images (indicating a Link) or text messagesto promote OneMom’sBattle that are not approved in advance by OneMom’sBattle. All Affiliate Sites shall display the Linksprominently in relevant sections of their website. Furthermore, you agree not to use cookie stuffing techniquesthat set the affiliate tracking cookie without the Referred Customer's knowledge (e.g. iframe). Any information withrespect to OneMom’sBattle that is going to be displayed on the Affiliate Site must be pre approved by OneMom’sBattle in writing.b. Disclaimer. EXCEPT AS PERMITTED HEREIN, YOU SHALL NOT AND ARE NOT AUTHORIZED TO (i) USE THEOneMom’sBattle TRADEMARK, NAME OR ANY OF OUR OTHER INTELLECTUAL PROPERTY, INCLUDING WITHOUTLIMITATION, THE LINKS, AND THE LICENSED MATERIALS (COLLECTIVELY, THE “OneMom’sBattle IP”) (OR ANYVARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANYOF THE FOREGOING) WITHOUT OneMom’sBattle’S EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OneMom’sBattleIP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILARPROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE),IN ANY METATAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEYWORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) ACT IN ANY WAY THAT CAUSES ORCREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OFOneMom’sBattle IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING. YOUR USE OF OneMom’sBattleIP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER SHALL CONSTITUTE UNLAWFULINFRINGEMENT OF OneMom’sBattle’S INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMSFOR DAMAGES (INCLUDING POTENTIAL TREBLE DAMAGES FOR KNOWING OR WILFUL INFRINGEMENT),AND THE OBLIGATION TO PAY OneMom’sBattle’S LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTIONOR PROCEEDING IN WHICH OneMom’sBattle SEEKS TO ENFORCE ITS RIGHTS UNDER THIS AGREEMENT ORWITH REGARD TO ANY OF OneMom’sBattle’S INTELLECTUAL PROPERTY RIGHTS.c. Discounts and Coupons. You are not allowed to post any refunds, credits or discounts on the OneMom’sBattle Productsand Services, or other content concerning OneMom’sBattle without OneMom’sBattle’s prior written consent in each instance.Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program usingbanners and links. Each Link connecting users of the Affiliate Site to the pertinent area of the OneMom’sBattle websitewill in no way alter the look, feel, or functionality of the OneMom’sBattle website. Any violations of the terms surroundinglinks, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result inyour termination from the Affiliate Program or the withholding of Commission Fees.FTC Endorsement Compliancea. It is the intent of OneMom’sBattle to treat all of our customers fairly. Accordingly, we require all OneMom’sBattle Affiliates to complywith applicable laws, regulations and guidelines concerning advertising and marketing, including without limitations, the Federal Trade Commission (FTC) Endorsement Guides http://www.ftc.gov/os/2009/10/091005revisedendorsementguides.pdf, which require that material connectionsbetween advertisers and endorsers be disclosed. This means that all Affiliate Sites (e.g. directories, review/ratingwebsites, blogs, and other websites) and any email or collateral that provide an endorsement or assessment ofOneMom’sBattle's Products and Services must prominently disclose the fact that you receive compensation for ReferredCustomers. Please note that this page is only intended to provide guidance. It does not purport to provide legal advice and it does notguarantee that you'll be in compliance with FTC regulations should you follow the suggestions presented. You are advised to seek and obtain your own legal advice on how these rules apply to your website or other promotionalactivities for which you receive compensation.c. OneMom’sBattle reserves the right to withhold Commission Fees and cancel the affiliate relationship with you should wedetermine, at our sole discretion, that you are not in compliance with the previously mentioned guide or other FTCregulations or guides that we deem relevant.Data SecurityIn addition to the obligations set forth in Section D (FTC Endorsement Compliance), Affiliate shall complywith all applicable data protection laws regarding the transmission of data exported to or from the UnitedStates or the country in which Affiliate resides, including without limitation, the General Data ProtectionRegulation 2016/679 of European Parliament and of the Council of 27 April 2016 (the "GDPR"). Affiliate,as a controller under the GDPR, shall also implement appropriate technical measures to ensure a levelof security appropriate to the risk, taking into account the nature, scope, context, and purpose of processingany personal data. Affiliate agrees to promptly assist Blueshost in complying with any data subject rightsrequest under the GDPR that OneMom’sBattle may receive from any individuals referred to OneMom’sBattle by Affiliate.Affiliate further agrees to promptly assist OneMom’sBattle in complying with any duties to cooperate withsupervisory authorities under the GDPR.Order ProcessingOneMom’sBattle will process orders placed by Referred Customers who follow the Links from an Affiliate Site to OneMom’sBattle. Wereserve the right, in our sole discretion, to reject orders that do not comply with certain requirements that we mayestablish from time to time. All aspects of order processing and fulfillment, including OneMom’sBattle’s services, cancellation,processing, refunds and payment processing will be our responsibility. We will track the Qualified Purchases generatedby your Affiliate Site and will make this information available to you through our website. To permit accurate tracking,reporting, and commission accrual, you must ensure that the Links between your website and our website are properlyformatted.Commission Determination; Qualified PurchasesCommissions will be calculated based on the commission rates stated on the OneMom’sBattle website for each QualifiedPurchase (as defined herein) subject to commission accruing pursuant to Section N below. A "Qualified Purchase"does NOT include the following:A purchase by a Referred Customer that has transferred from any Blueshost partners or subsidiaries.A purchase by a Referred Customer who is also associated with any OneMom’sBattle reseller, referral, or otherprogram.A purchase by a Referred Customer that is not up to date on its payments or is subject to a refund, referral,or other program.A purchase that was completed prior to the Affiliate joining the Affiliate Program or was not tracked properlythrough an Affiliate Link.A purchase that OneMom’sBattle suspects, in its sole discretion, is the result of fraud, which shall include but isnot limited to, the use of software that generates real and fictitious information, multiple accounts fromthe same customer, or the referral of accounts that do not comply with this Agreement.A purchase referred by an Affiliate that has an excessive cancellation rate as determined in OneMom’sBattle'ssole discretion.A purchase by a Referred Customer if the Referred Customer was offered or received coupons, refunds, credits or discounts from the Affiliate.A purchase by a Referred Customer if the Affiliate or Referred Customer is in or is promoting a business-opportunity program (as determined by us in our sole discretion), using marketing practices that we deem to be unethical or likely to attract fraudulent signups and/or signups with a very low likelihood of renewal.A purchase by a Referred Customer who received a popup with a discounted offer, while leaving OneMom’sBattle'swebsite during their purchase.A purchase by a Referred Customer engaging in "Domain Speculation," which is determined by theidentification of two (2) web hosting accounts with the same Referred Customer's name, email address,or other identifying characteristics as determined by OneMom’sBattle and/or the identification of two (2) or moreweb hosting accounts that have content on their websites or have similar content, templates or formatting,as determined by OneMom’sBattle, in our sole discretion.OneMom’sBattle reserves the right to withhold payment of initial Commissions Fees to Affiliates who are new to theAffiliate Program, or who have commissions that are potentially fraudulent as determined by OneMom’sBattle in itssole discretion, to determine the legitimacy and cancellation rates of Referred Customers.OneMom’sBattle reserves the right to suspend the payment of Commission Fees at any time and indefinitely, if it suspectsfraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliateor a Referred Customer. OneMom’sBattle reserves the right to deduct from Affiliate's current and future CommissionFees any and all Commission Fees corresponding to any fraudulent, questionable, and cancelled purchases.OneMom’sBattle reserves the right to immediately cancel or withhold for later review any Commission Fee that fails tomeet the criteria of a "Qualified Purchase." Affiliate is responsible for monitoring the payment, denial and,withholding of Commission Fees. OneMom’sBattle is not obligated to actively notify Affiliates of the status ofCommission Fees. If Affiliate has a question about a Commission fee that has been cancelled or withheld,Affiliate has thirty (30) days from the day of the payment would have been due to contact OneMom’sBattle to requestthat the Commission Fee be paid. Any changes to decisions about cancelled or withheld Commission Fees arestrictly made in OneMom’sBattle's sole discretion.Commissions for any Referred Customer who is associated with any OneMom’sBattle reseller, referral or otherprogram may not be considered a Qualified Purchase. In other words, you may not receive doublecommissions or compensation.In the event that the Referred Customers that are referred to OneMom’sBattle by an Affiliate are determined to havean excessive cancellation rate, as determined by OneMom’sBattle in its sole discretion. OneMom’sBattle reserves the right towithhold or decline pending and future Commission Fees to such Affiliate.Any attempt by an Affiliate to manipulate, falsify or inflate the Referred Customers, Qualified Purchases, orCommission Fees to intentionally defraud OneMom’sBattle or any violation of the terms of this Agreementconstitutes immediate grounds for OneMom’sBattle to terminate the Affiliates participation in the Affiliate Programand will result in the forfeiture of any Commission Fees due to the Affiliate.Accrual of CommissionsCommissions will accrue and only become payable once you (i) provide all relevant tax and addressdocumentation pursuant to Section O below and (ii) reach the Commission Threshold of $100 basedon the commission rates stated on the OneMom’sBattle website, solely as applied to Qualified Purchases whichoccurred within ninety (90) days of the end of the calendar month in which the first of such QualifiedPurchases occurred. For example, if you provide sign-ups which result in one Qualified Purchase onJanuary 1st and a second sign-up which leads to a Qualified Purchase on August 10th, and you provideall necessary tax documentation on August 10th, no commission would accrue because the secondQualified Purchase occurred more than one hundred and eighty (180) days after the end of Januarywhen the first Qualified Purchase occurred. However, if you subsequently provide a sign up which leadsto another Qualified Purchase on September 5th the same year, then a commission of $65 would accrueon the latter two Qualified Purchases. (i.e. the Qualified Purchases from August and September of thesame year). All Qualified Purchases still eligible to result in commissions under this Section N must remainactive and in good standing pursuant to the terms of this Agreement in order to remain eligible for accrualof a commission. Once a commission has accrued under this Section N, the amount of such commission(the "Commission Fee") shall be due and payable to your under the terms of Section O. OneMom’sBattle reservesthe right to change the Commission Threshold by amending this Agreement and will notify you for any suchamendment pursuant to the terms of this Agreement.Commission PaymentsSubject to the terms of this Agreement and the accrual of commissions as set forth in Section 8 above, commissions will be calculated according to the specified percentage or dollar amount set forth in the commission report in your Affiliate Console https://www.OneMom’sBattle.com/cgi/partner for each Qualified Purchase that accrues during the period for which such commission fee is being calculated.Commission Fees will be processed approximately forty five (45) to sixty (60) days after the end of the month or other period in which they accrue. OneMom’sBattle will only compensate you for Qualified Purchases made in accordance with this Agreement.Commission Fees shall be paid based on the current information in your Affiliate profile. You are required to notify us promptly of any change in your address by updating your profile information and tax form in the Affiliate console. You are responsible for informing OneMom’sBattle of your desired payment form/type. Please email tina@tinaswithin.com if you would like to update or change your desired payment method. Any changes to your desired payment method may take up to two payout cycles to take effect.You may choose to receive Commission Fees through PayPal Payouts, standard PayPal, wire or ACH transfer, subject to the following conditions: PayPal Payouts: If you select the PayPal Payouts mass pay option, OneMom’sBattle will pay any transactions fees charged by PayPal, so the full amount of the Commission Fees will be available in your PayPal account. Standard PayPal payments: OneMom’sBattle offers a standard PayPal option only to Affiliates located in the United States. Please email tina@tinaswithin.comfor further information about standard PayPal payments. Wire transfer: OneMom’sBattle offers a wire transfer option to those who earn over $10,000.00 in Affiliate Commission Fees over a ninety (90) day period. Please email tina@tinaswithin.com for further information about wire transfers.ACH transfer: OneMom’sBattle offers an ACH transfer option to Affiliates located in the United States who earn over $10,000.00 in Affiliate Commission Fees over a ninety (90) day period. Please email tina@tinaswithin.com for further information about ACH transfers.If you reside outside of the United States and choose PayPal payments, please refer to PayPal's policy to ensure you are eligible to receive payments outside of the United States https://www.paypal.com/cgi-bin/webscr?cmd=_display-approved-signup-countries-outside.OneMom’sBattle is not responsible for paying any third-party fees charged by PayPal, wire or ACH in order for you to receive Affiliate Commission Fees.OneMom’sBattle will deduct a fee of $35.00 from the Commission Fees to reissue a payment. PayPal payments will only be reissued in the case of (i) an incorrect PayPal address or (ii) PayPal’s refusal to accept a payment. The Affiliate must make any request to reissue a PayPal payment within one hundred and twenty (120) days of the original issue date.OneMom’sBattle, in its sole discretion, reserves the right to modify the available commission payment methods or payment schedule at any time. Such changes shall take effect when posted.Disputes: Affiliate has access to OneMom’sBattle's real-time Affiliate Program statistics and agrees to file any disputes within forty-five (45) days after the end of the month in which the sale or event that is disputed occurred. Disputes filed after forty-five (45) days of the date on which the disputed sale or event occurred will not be accepted by OneMom’sBattle and Affiliate forfeits forever any rights to a potential claim.Each Affiliate is required to submit a W8 (for Affiliates located outside of the U.S.) or W9 (for Affiliates located in the U.S.) tax form before any Commission Fees shall accrue. For Affiliates located in the U.S., if the information you provide on the W9 tax form does not match IRS records OneMom’sBattle will not issue payment. You are responsible for the payment of all taxes related to the Commission Fees you receive under this Agreement. In compliance with U.S. tax laws, OneMom’sBattle will issue a Form 1099 to Affiliates whose earnings meet or exceed the applicable threshold.It is solely your responsibility to provide OneMom’sBattle with accurate tax and payment information that is necessary to issue a Commission Fee to you. If OneMom’sBattle does not receive the necessary tax or payment information within ninety (90) days of a Qualified Purchase which would otherwise trigger Commission Fees, the applicable commissions shall not accrue and no Commission Fees will be owed with respect to such Qualified Purchase.Any address change must be made in the Affiliate profile and tax form in the affiliate console at least fifteen (15) business days prior to the end of the calendar month in order for Commission Fees for that month to be processed.Reports of Qualified PurchasesYou may log into your affiliate console to review your click through and potential Qualified Purchasesstatistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewedto confirm they meet all criteria for Qualified Purchases. As such, Commission Fees may not be issuedfor all Referred Customers that appear in the affiliate console.Obligations Regarding Your Affiliate SiteYou are solely responsible for the development, operation, and maintenance of your Affiliate Site and forall martials that appear on your Affiliate Site. Such responsibilities include, but are not limited to, thetechnical operation of your Affiliate Site and all related equipment; creating and posting product reviews,descriptions, and references on your Affiliate Site and linking those descriptions to our website, theaccuracy of materials posted on your Affiliate Site (including, but not limited to, all materials related toOneMom’sBattle Products and Services); ensuring that materials posted on your Affiliate Site do not violate orinfringe upon the rights of any third party and are not libelous or otherwise illegal. We disclaim allliability and responsibility for such matters.We have the right in our sole discretion to monitor signups through your Affiliate Site from time to time todetermine if you are in compliance with the terms of this Agreement. If you are not in compliance we mayterminate your participation in the Affiliate Program effective immediately.OneMom’sBattle ResponsibilitiesWe will provide all of the information necessary for you to make Links from your Affiliate Site to our site.OneMom’sBattle will be solely responsible for order processing (including processing, cancellations, and refunds)for orders for OneMom’sBattle Products and Services placed by a Referred Customer following a Link fromyour Affiliate Site, for tracking the volume and amount of Qualified Purchase statistics. OneMom’sBattle will besolely responsible for all order processing, including but not limited to payment processing, cancellations,refunds, and related OneMom’sBattle service.Policies and PricingReferred Customers who buy OneMom’sBattle Products and Services through our affiliate network are deemedto be OneMom’sBattle Customers. OneMom’sBattle's Terms and Conditions, rules, policies, and operating procedureswill apply to such customers. We may change our policies, pricing, and operating procedures at any time.For example, OneMom’sBattle determines the prices to be charged for OneMom’sBattle Products and Services soldthrough the affiliate network in accordance with our own pricing policies. Prices and availability of OneMom’sBattleProducts and Services may vary from time to time, from affiliate to affiliate, and from region to region.Because price changes may affect products that you have listed on your Affiliate Site, you may or maynot be able to include price information in your product descriptions. We will use commercially reasonableefforts to present accurate information on our website, but we cannot guarantee the availability or priceof any particular OneMom’sBattle Product or Service.Emails and PublicityYou shall not create, publish, transmit or distribute, under any circumstances, any bulk email messages (alsoknown as "SPAM") without prior written consent from OneMom’sBattle, to be granted or denied in OneMom’sBattle's solediscretion, in each instance. Additionally, you may only send emails containing a OneMom’sBattle affiliate link andor a message regarding OneMom’sBattle or OneMom’sBattle's Affiliate Program to people who have previously consentedto receiving such communications from you. Your failure to abide by this Section T, the CAN-SPAM Act of2003, our Anti-Spam Policy, and all applicable laws relating to email communications, in any manner, will bedeemed a material breach of this Agreement by you and will result in the forfeiture by you of any and allrights you may have to any commissions and the termination of your participation in the Affiliate Program.Further, if your account has excessive clicks in a very short period of time as determined by OneMom’sBattle inits sole discretion, the Affiliate relationship may be terminated.Licenses and Use of OneMom’sBattle Logos and TrademarksSubject to the limitations set forth in Section T above and otherwise in this Agreement, we grant you anon-exclusive, non-transferrable, revocable license to (i) access our website through the Links solelyin accordance with the terms of this Agreement and (ii) solely in connection with such Links, to useOneMom’sBattle trademark and logo and similar identifying material provided by us (collectively, the "LicensedMaterials"), for the sole purpose of selling OneMom’sBattle Products and Services on your Affiliate Site andas approved in advance by us. You may not alter, modify, or change the Licensed Materials in anyway. You are only entitled to use the Licensed Materials while you are an Affiliate in good standingand in compliance with all of the terms of this Agreement.You shall not use the Licensed Materials for any purposes other than selling OneMom’sBattle Products andServices, without first submitting a sample to us and obtaining the express prior written consent ofOneMom’sBattle in each instance. You shall not use the Licensed Materials in any manner that is disparagingor that otherwise portrays OneMom’sBattle, any hosted member of OneMom’sBattle or any OneMom’sBattle employee orrepresentative in a negative light. We reserve all of our rights in the Licensed Materials and yourlicense to use such material is limited to the manner described herein. We may revoke your licenseat any time, by giving you written notice. If not previously revoked, this license shall immediatelyterminate upon the termination of your participation in the Affiliate Program.You grant to us a non-exclusive license to utilize your name, title, trademarks, and logos (the "Affiliate"Trademarks") in any advertisement or other materials used to promote OneMom’sBattle and the AffiliateProgram, provided that OneMom’sBattle's use of the Affiliate Trademarks is not required and is at its solediscretion. This license shall terminate upon the termination of your participation in the Affiliate Program. Term and TerminationThe term of this Agreement will begin upon our acceptance of your Affiliate Program application and will endwhen terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with orwithout cause.You are only eligible to earn Commission Fees on Qualified Purchases occurring during the Term.Commission Fees earned prior to the date of termination will be eligible for commissions only if theorders for the related OneMom’sBattle Products and Services are not cancelled within 90 days and complywith all of the terms of this Agreement. We may withhold your final payment of Commission Feedsfor a reasonable time to ensure that all Qualified Purchases are valid and payment from ReferredCustomers are legitimate as determined by OneMom’sBattle in its sole discretion.Any Affiliate who violates this Agreement, OneMom’sBattle's Terms and Conditions, or any applicable law willimmediately forfeit any right to any and all accrued, but not yet received, Commission Fees and will beimmediately removed from the Affiliate Program.OneMom’sBattle reserves the right to remove an Affiliate from the Affiliate Program, and to terminate orsuspend this Agreement, at any time for any reason, in Blueshost's sole discretion.ModificationWe may notify this Agreement at any time in our sole discretion; provided that the change shall solely applyto events occurring after the date on which you accept and agree to such modifications unless youotherwise agree herein. Such modifications shall take effect when posted on our website. Modificationsmay include, but are not limited to, changes in the scope of available Commission Fee, commissionamounts or percentages, payment procedures, Commission Fee payment schedules, and Affiliate Programrules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, inwhich event you shall be entitled to your rights under the unmodified Agreement prior to the date of theapplicable modification. Your continued participation in the Affiliate Program following our posting of anymodifications on our website will constitute binding acceptance of the change.DisclaimersWe make no express or implied warranties or representations with request to the Affiliate Program or anyOneMom’sBattle Products and Services sold through the Affiliate Program (including, without limitation, WARRANTIESOF FITNESS, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUTOF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). In addition, we make no representative thatthe operation of our website will be uninterrupted or error free, and we will not be liable for the consequences ofany interruptions or errors, including the tracking of information concerning Referred Customers during anyperiod of interruption.Relationship of PartiesYou and OneMom’sBattle are independent contractors, and nothing in this Agreement will create any partnership, jointventure, agency, franchise, sales representative, or employment relationship between the parties. You will haveno authority to make or accept any offers or representations on our behalf. You will not make any statement,whether on your Affiliate Site or otherwise, that contradicts anything in this section.Representation and WarrantiesYou herby represent and warrant to us as follows:You have reviewed and understand this Agreement and agree to be bound by its terms.Your acceptance of this Agreement and participation in the Affiliate Program will not violate (i) anyprovision of law, rule, or regulation to which you are subject, (ii) any order, judgement, or decreeapplicable to you or binding upon your assets or properties, (iii) any provision of your by-laws orcertificate of incorporation, or (iv) any agreement or other instrument applicable to you or bindingupon your assets or properties.You are the sole and exclusive owner of the affiliate Trademarks and have the power to grant to OneMom’sBattlethe license to use such marks in the manner contemplated herein, and such grant will not (i) breach, conflictwith, or constitute a default under any agreement or other instrument applicable to you or binding uponyour assets or properties, or (ii) infringe upon any trademark, trade name, service mark, copyright, or otherproprietar right of any third person or entity.You are not required to obtain consent, approval, or authorization of, or exemption by, or filing with, anygovernmental authority or any third party in connection with your entrance into this Agreement.There is no pending or threatened claim, action, or proceeding against you, or any affiliate of yours withrespect to the Affiliate Trademarks, and, to the best of your knowledge, there is no basis for any suchclaim, action, or proceeding.You are at least eighteen (18) year of age.Each Referred Customer is valid, genuine, and unique and meets the criteria of a Qualified Purchase forgenerating a Commission Fee as provided in this Agreement.Limitation of LiabilityWE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANYLOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATEPROGRAM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OURAGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM WILL NOTEXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE(3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.IndemnificationYou hereby agree to indemnify and hold harmless OneMom’sBattle and its subsidiaries and affiliates, and their directors,officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims,actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (includingreasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses(or actions in respect thereof) arise out of or are based on (i) any claim that our use of the Affiliate Trademarks infringeson any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of anythird party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made byyou herein, or (III) any claim related to your Affiliate Site, including, without limitations, its development, operation,maintenance and content therein not attributable to us.ConfidentialityEach of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, OneMom’sBattle customer and vendor lists, or pricing and sales information (including without limitation commission rates), shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party not under any obligation of confidentiality to the disclosure hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) pursuant to a valid subpoena or order issued by a court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process including, without limitation, the Securities Exchange Act of 1933, as amended, and the rules and regulations promulgated thereunder, and the Securities Exchange Act of 1934, as amended, and the rules and regulations promulgated thereunder. In the event of such disclosure, the receiving party shall give the disclosing party prior notice before releasing any information unless giving such notice is prohibited.Independent InvestigationYou understand that we may at any time (directly or indirectly) solicit OneMom’sBattle relationships on terms that maydiffer from those contained in this Agreement. We may also solicit relationships with entities that operatewebsites that are similar to or compete with you Affiliate Site. You have independently evaluated thedesirability of participating in the OneMom’sBattle Affiliate Program and are not relying on any representation,guarantee, or statement other than as set forth in this Agreement.MiscellaneousGoverning Law. The laws of the state of California will govern this Agreement, without reference to rulesgoverning choice of laws. Any action relating to this Agreement must be brought in the federal or statecourts located in San Luis Obispo, California and your irrevocably consent to the jurisdiction of such courts.Assignment. You may not assign this Agreement, by operation of law or otherwise, without our priorwritten 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.Waiver. Our failure to enforce your strict performance of any provision of this Agreement will not constitutea waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.This Affiliate Agreement ("Agreement") contains the complete terms and conditions between us, OneMom’sBattle ("OneMom’sBattle") andyou, regarding your application to and participation in, the OneMom’sBattle Affiliate Program (the "Affiliate Program") as an affiliateof OneMom’sBattle (an "Affiliate), and the establishment of links from your website to our website,BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE AFFILIATE PROGRAM, YOU ARE CONFIRMINGTHAT YOU HAVE READ THIS AGREEMENT AND THE OneMom’sBattle TERMS AND CONDITIONS.AND THAT YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.