Beyond Hearing Aids, Inc. Online Affiliate Agreement

This Affiliate Participation Agreement contains the terms and conditions that apply to your participation as a member of the affiliate program (the "Affiliate Program") for www.BeyondHearingAids.com (the "Merchant Website"). In this Agreement you are sometimes referred to as "you", "your" or "Affiliate".

This is a legally binding agreement, by joining this affiliate program and receiving and using links to the Merchant Website, you are confirming that you have read this agreement and that you agree to be bound by the terms and conditions contained in this agreement.

1. Enrollment in the Affiliate Program; In order to participate in this Affiliate Program, you must complete an application that is accessible through the BeyondHearingAids.com website. You will be notified if your application has been accepted or rejected. We reserve the right to reject any application in our sole discretion.


2. A "Qualifying Link" means a link from your website to our website using one of the URLs or graphic links provided by us for use in the Affiliate Program that allows us to track the use by your visitors.


3. Operation and Maintenance of the Merchant Website.
   (a) You acknowledge and agree that we will accept or reject, in our sole discretion, all orders placed on or through the Merchant Website. You further acknowledge and agree that (i) you do not have any authority to make or accept any offer or commitment on behalf of us, (ii) we are solely responsible for processing every order placed including payment processing, privacy issues, shipping, cancellations, returns and related customer service. Customers who access the Merchant Website will be deemed our customers. Our procedures are HIPPA compliant.


4. Affiliate Commission Payments
   (a) During the term of this Agreement, we agree to pay you a revenue share equal to the applicable percentage of Net Revenue, determined pursuant to the schedule provided by us. The minimum commission starts at 7% and rises based on your sales. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Revenue Share schedule at any time without notice. We will make payments based on purchased made during the time a customer links to our Merchant Website from your website.
   (b) Subject to the terms and conditions of this Agreement, we will pay you the Revenue Share on a monthly basis. If a Revenue Share payment is made hereunder and relates to merchandise that is later returned by the customer, the applicable Revenue Share will be deducted from the next applicable payment hereunder. The final Revenue Share payment may be withheld by us for a reasonable period of time to ensure that the correct amount is to be paid after making any adjustments that may be required, including adjustments for returns. If any portion of such Revenue Share cannot be recovered through a deduction, we will invoice you for such amount and you agree to pay this amount within 30 days after receipt of such invoice.


5. Responsibility for Your Websites and Your Participation. You will be solely responsible for the development, operation and maintenance of your site. To permit accurate tracking, reporting and Revenue Share, you must ensure that the link between your website and our website is properly formatted. We are not responsible for improperly formatted links. In addition, we are unable to track or provide you credit for sales from customers that are referred to us with browsers that do not have their cookies setting enabled.


6. Terms of Agreement. This Agreement is effective upon Merchant's acceptance of Affiliate's application and will end when terminated by either party. This Agreement shall automatically terminate on the date on which we no longer maintain or you are no longer a member of the Affiliate Program. Additionally, either party may terminate this Agreement at any time and for any reason by providing notice (including via e-mail) to the other party.


7. Disclaimers. Merchant makes 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, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, Merchant makes no representation that the operation of Merchant's Site will be uninterrupted or error-free, and Merchant will not be liable for the consequences of any interruptions or errors.


8. Waiver. Our failure to enforce strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.


9. Entire Agreement. This Agreement and the Revenue Share schedule represents the complete agreement and understanding between us and you and supersedes any other oral or written communications or understandings between us and you regarding the subject matter hereof.


10. Governing Law: This Agreement will be governed by the laws of the United States and the State of Kentucky.