Affiliate Program Terms of Service
yeah...it is an obnoxious bunch of legal shit...

To be an authorized affiliate of bOffenive, you agree to abide by the following terms.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BOFFENSIVE. BY CLICKING ON THE APPLY BUTTON AT THE END OF THE AFFILIATE ONLINE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.

This agreement contains the complete terms and conditions between bOffensive and you, the applicant, regarding your application to participate in the bOffensive Affiliate Program (the Affiliate Program). Upon acceptance of your application and execution of this agreement by you, or a duly authorized representative of yours, in the place provided below, this will be a legally binding agreement between you and bOffensive.

1. Enrolling in the Affiliate Program.
To apply for participation in the Affiliate Program, You must properly complete an Affiliate Program application and submit the Application to bOffensive via our web site. bOffensive automatically accepts all applications, however, bOffensive reserves the right, at our sole discretion, to terminate this agreement at any time and for any reason.

2. Links to Our Web Site(s).
After Your acceptance as an Affiliate, You will provide one or more links from your site(s) to our site(s). We will provide You with instructions and special link formats (Link Formats) designed to accurately track and report for all links between your site and our site(s). You will be solely responsible for properly utilizing the Link Formats. Once established, the links utilizing the Link Formats (Special Links) will be used to determine any fees that may be paid. Failure by You to maintain the Special Links or use the Link Formats as instructed may result in a loss to you of fees.

We will process orders that are placed on our site by customers who follow the Special Links directly from your site(s) to our site(s) (the Referred Orders), and will record those orders as being associated with a referral through the Special Links from your site(s). Our affiliate control panel will make available to You a report summarizing that sales activity.

3. Affiliate Referral Fees.
On a MONTHLY basis, we will pay a fee to you, in accordance with the Affiliate Referral Fee Schedule (the Affiliate Referral Fee), based on the Shipped Referred Orders that have been recorded. For a Referred Order to generate a fee, the order must meet the following conditions (the Qualified Referral Order):

* A customer must have followed the Special Links from your site(s) to our
site(s).
* A customer must have chosen one or more products.
* A customer must have ordered the products through our automated ordering system (Shopping Cart) within 30 days of first visiting our site through your link.
* That customer must have accepted delivery of and paid Us in full for that order.

Orders that are placed after a customer enters our site through a link other than the Special Links or by a means not through a link are not eligible for the Affiliate Referral Fee. Orders placed subsequent to the Referred Order other than through a Special Link as a Referred Order are not eligible for the Affiliate Referral Fee.

All customers who purchase product from Us under the Affiliate Program shall be deemed customers of bOffensive. Accordingly, those customers and their transactions with Us shall be governed by all the policies, terms and conditions that customers of bOffensive. are subject to.

4. Affiliate Referral Fee Schedule.
You will earn an Affiliate Referral Fee based on the gross sales revenue of Shipped Qualified Referral Orders less shipping and handling charges, taxes collected, gift certificate purchases, coupons, and any other non-product charges on that order (the Referral Order Revenue) as follows:

Commisions for all referral sales are a flat $5 USD per t-shirt sold.

5. Affiliate Referral Fee Payment.
Within approximately 30 days following the end of each month, we will send You a check or PayPal for the Affiliate Referral Fee earned on the Referral Shipped Order Revenue for products that were shipped during that calendar month. If the fees payable to You for any month are less than $100.00, we will hold payment until the next month in which the accumulated $100.00 minimum is met.

If a Qualified Referral Order is returned by a customer, the associated Affiliate Referral Fee will be deducted from the fees to be paid to You. In the case that the fees for returned products exceed the balance of fees to be paid to You, You may be billed for that excess.

6. Limited Licenses.
During the Term (as defined below) of this agreement, we grant to You a nonexclusive, revocable, non-transferable, non-sublicenseable right and license to use (a) the Special Links for the sole purpose of displaying the Special Links on your website with the URL specified in your Application in order to connect your site to our site and (b) our other names, marks or symbols (the Licensed Materials) for the sole purpose of advertising, promoting or marketing your affiliate relationship with Us.

You will use the Special Links and the Licensed Materials only to promote bOffensive and our products and site(s). We will have the right to alter, modify or discontinue the use of any of the Special Links or the Licensed Materials or the form, style or type thereof at any time in our sole discretion.

In addition to the foregoing control measures, we may implement additional control measures to protect our intellectual property rights in the Links and the Licensed Materials, and You agree to cooperate with Us in our efforts to protect such intellectual property rights. You further agree to maintain a level of quality in connection with your use of the Links and the Licensed Materials that is consistent with general industry standards, and You acknowledge that we will periodically monitor your use of the Special Links and the Licensed Materials to confirm your maintenance of such quality levels.

You acknowledge that, except for the license expressly granted in this agreement, You have not acquired and will not acquire any right, interest or title to the Special Links or the Licensed Materials by reason of this agreement or through the exercise of any rights in the Special Links or the Licensed Materials granted to You hereunder. You further acknowledge that all proprietary rights in the Special Links and the Licensed Materials and the goodwill associated therewith are solely owned by and belong to Us, and that all additional goodwill associated with the Special Links and the Licensed Materials created through their use by You will inure to our sole benefit.

As between You and Us, we will be considered the creator of the Special Links and the Licensed Materials, and all rights in the Special Links and the Licensed Materials will be our property. In addition, You hereby grant, assign and convey to Us any and all rights You may now have or may be deemed to have in the future with respect to the Special Links and the Licensed Materials or any portion of them. You agree not to register or attempt to register any brand, names, marks, or other elements of the Special Links or the Licensed Materials as a trademark, service mark, Internet domain name, trade name, or any similar trademarks or name, with any domestic or foreign governmental or quasi-governmental authority which would be likely to cause confusion with any of the Special Links or the Licensed Materials. You agree not to commit any act that would cause any of the Special Links or the Licensed Materials to vest in the public domain anywhere in the world.

7. Indemnification.
You agree that You will be solely responsible for, and that You will defend, indemnify and hold Us, parents, affiliates and the respective officers, directors, agents, employees and representatives harmless from and against, any and all claims, suits, damages, losses, liabilities, obligations, penalties and expenses, including legal fees and expenses, relating to or based on the development, operation and maintenance of your site, including all materials that appear on your site; the technical operation of your site(s) and all related equipment; creating and posting product reviews, descriptions and references on your site and linking those descriptions to our site; the accuracy and propriety of materials posted on your site(s); the sale or offering for sale, use or consumption of any products on your site; and ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal.

8. Term.
The Term of this agreement will begin upon submission of your application and will end on the date this agreement is terminated by either party. Either You or we may terminate this agreement at any time, with or without cause, for any reason whatsoever, by giving the other party written notice of termination. Written notice will be considered given at the time of mailing when letter is deposited at a US Postal Mail drop off location via certified mail with return receipt requested. Upon the termination of this agreement for any reason, You will immediately cease use of, and remove from your site, all Links and Licensed Materials and any other names, marks, symbols, copyrights, logos, fanciful or other characters, designs, representations, figures, drawings, photographs, ideas or other proprietary designations or properties owned, developed, licensed or created by Us and/or provided by or on behalf of Us to You pursuant to this agreement or in connection with the Program. You will not receive any fees on product sales occurring following the end of the Term, and fees earned through the end of the Term 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.

9. Modification.
We may modify any of the terms and conditions contained in this Affiliate Referral Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example, changes in the fee schedule, payment procedures and Program rules.<b> 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.

10. Limitation of Liability.
WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES (OR LOSS OF REVENUE, PROFITS OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE REFERRAL 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 Affiliate Referral Program will not exceed the total Affiliate Referral Fees paid or payable to You under this agreement.

11. 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

12. Independent Investigation.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, HAVE HAD AN OPPORTUNITY TO CONSULT WITH YOUR OWN LEGAL ADVISORS IF YOU SO DESIRED, AND AGREE TO ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU AGREE THAT, IN INTERPRETING THIS AGREEMENT, NO WEIGHT SHALL BE PLACED UPON THE FACT THAT THIS AGREEMENT HAS BEEN DRAFTED BY US, AND YOU SHALL NOT ASSERT THAT THIS AGREEMENT IS UNENFORCEABLE OR INVALID ON THE GROUNDS THAT IT IS A CONTRACT OF ADHESION, THAT IT IS UNCONSCIONABLE OR ANY SIMILAR THEORY. 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.

13. Entire Agreement.
The provisions contained in this agreement constitute the entire agreement between the parties with respect to the subject matter of this agreement, and no statement or inducement with respect to such subject matter by any party which is not contained in this agreement shall be valid or binding between the parties.

14. Assignment
You may not assign or transfer this agreement or any interest herein, nor shall the same be assignable by operation of law, without our prior written consent.

15. Governing Law
This agreement shall be governed by, and construed in accordance with, the laws of the State of Nevada. Any legal proceeding of any nature brought by either party against the other to enforce any right or obligation under this agreement, or arising out of any matter pertaining to this agreement, shall be submitted for trial, without jury, before the federal or state courts located in the State of Nevada. The parties consent and submit to the jurisdiction of any such court and agree to accept service of process inside or outside the State of Nevada in any matter to be submitted to any such court pursuant hereto.

16. Miscellaneous.
No release, discharge or waiver of any provision of this agreement will be enforceable against or binding upon either party unless in writing and executed by the party granting such release, discharge or waiver. Neither the failure to insist upon strict performance of any of the agreements, terms, covenants or conditions hereof, nor the acceptance of monies due hereunder with knowledge of a breach of this agreement, shall be deemed a waiver of any rights or remedies that either party may have or a waiver of any subsequent breach or default in any of such agreements, terms, covenants and conditions.

If any term or provision of this agreement shall be found to be void or contrary to law, such term or provision shall, but only to the extent necessary to bring this agreement within the requirements of law, be deemed to be severable from the other terms and provisions hereof, and the remainder of this agreement shall be given effect as if the parties had not included the severed term herein.

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND BOFFENSIVE. BY CLICKING ON THE APPLY BUTTON AT THE END OF THE AFFILIATE ONLINE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.