You may submit a completed Program application to begin the enrollment process. Submission of your application to the Eco-Products, Inc. Affiliate Program implies acceptance to the terms set forth in this Agreement. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if, in our sole discretion, we determine for any reason that your site is unsuitable for the Program.

Eco-Products, Inc. and its suppliers are not eligible to enroll in the Program.

Unsuitable sites include, but are not limited to, those that:

• Promote sexually explicit material;
• Promote violence or hate toward any persons or groups;
• Promote illegal activities;
• Promote alcohol, tobacco, gambling/lottery in any way;
• Promote the use of pyramid, "ponzi", or similar investment schemes;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
• Include "ecoproducts, "eco-products" or variations or misspellings thereof in their domain names;
• Otherwise violate intellectual property rights of Eco-Products, Inc., or its suppliers;
• Disparage Eco-Products, Inc., or their suppliers;
• Are under construction or not live at the time of application;
• Require a username and password to access;
• Are non-US based or are sites that primarily serve a non-US based audience;
• Are unable to direct a reasonable amount of traffic by way of sales volume, clicks and page views to our site;
• Incorporates any materials which infringe or assist others to infringe on any copyright, service marks or copyrighted terms and logos, trademark or other intellectual property rights or to violate the law;
• Contains software downloads that potentially enable diversions of referral fees from other affiliates in our program;
• Utilizes Pop-Up, Pop-Under, or automatic Redirects to link to our site.  Any method that automatically plants an affiliate cookie is strictly prohibited.  Any method that automatically redirects the customer to an Eco-Products, Inc. website by execution of an affiliate link is in violation of the Affiliate Program Agreement.   The customer must click on a Eco-Product, Inc. affiliate link to set the affiliate cookie.

In addition, we will not accept sites that provide a portion of their Referral Fees as defined in Section 5 or affiliate benefits to sites or organizations that violate any of the above criteria.

We also will not accept sites that provide rewards back to their members in the form of points or cash-back, or conduct other similar loyalty programs in connection with purchases made by members via their sites. In addition, we will not accept sites that donate, direct or transfer any portion of their Referral Fees or affiliate benefits to any charitable site, organization or program.

If your site is accepted to the Program and is engaged in the practice of directing, transferring, or donating to any school or other education-related foundation, charitable organization or program any portion of the Referral Fees paid to you by Eco-Products, Inc., Eco-Products, Inc., will work with you to determine appropriate copy to post on your site to make clear that Eco-Products, Inc., does not endorse any of the activities conducted by the foundation, charitable organization or program.

Our vendors and employees are not eligible to become Affiliates.

Resellers may not purchase products under this program and are not eligible to become Affiliates.

It is not permitted to sign up as an affiliate with the sole intention of buying products for personal use.  Such an arrangement may terminate the affiliate from this program.

Affiliates who are terminated from the Program are forbidden to reapply at any time in the future. Any such attempts to do so will result in referral fees not being issued.

Regardless of your acceptance in the Program, we may terminate this Agreement for any reason, at any time.

The terms of this Agreement and our acceptance criteria are subject to change at any time without prior notice.

All decisions for acceptance into the Eco-Products, Inc. Affiliate Program will be made within our sole discretion.

If your Application is not accepted, you may reapply to the Program at any time; however, you should not and may not link to our site unless you are approved for the Program.

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Upon acceptance into the Program, we will make available to you Special Qualifying Links that are subject to the terms and conditions of this Agreement. A "Special Qualifying Link" is a link from your site to our site using one of the Universal Record Locators ("URLs") or graphic links provided by Eco-Products, Inc., for use in the Program.

The Special Qualifying Links will serve to identify your site as a member of the Program and will establish a link from your site to our site. All Special Qualifying Links that you will use in the Program will be provided to you from PAP software or by other means selected by us. You also agree that you will display on your site only those graphic images (indicating a Special Qualifying Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement.

Only valid Special Qualifying Links acquired by us will be tracked for purposes of determining Referral Fees that you may be eligible to receive on sales of Qualifying Products (as defined below) generated through your site.

Only Special Qualifying Links may be used to link your site to areas within our site. You may post as many Special Qualifying Links to our site as you like on your site. The position, prominence and nature of links on your site shall comply with any requirements specified in this Agreement but otherwise will be in your discretion.

You acknowledge that, by participating in the Program and placing a link to any of the Eco-Products, Inc. owned websites, (or any category page therein) on your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in our Privacy Policy.

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You understand and acknowledge that this Agreement is made between you and Eco-Products, Inc. and is solely for the purpose of allowing you to link to websites owned Eco-Products, Inc.

As a condition to your acceptance and participation in the Program, you agree to not engage in the following practices:

• use the name Eco-Product name (or any of its owned web site names), or any variation thereof, in any manner not expressly authorized by this Agreement.  In particular, you may NOT use Eco-Products, Inc.,'s name (or any of its owned web site names), or any variation thereof, in metatags, hidden text or source code, in your domain name or any other part of your URL;
• engineer your site in such a manner that pulls Internet traffic away from the any of the web sites owned Eco-Products, Inc.;
• bid on keywords as further detailed in Exhibit A — Guidelines for Using the Eco-Products, Inc., Trademarks;
• attempt to modify or alter our site in any way;
• make any representations, either express or implied, or create an appearance that a visitor to your site is visiting our site, e.g., "framing" or "wrapping" the Eco-Products, Inc., site in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to Eco-Products, Inc., Attn: Affiliate Program Manager, 3640 Walnut St., Boulder, CO 80301;
• "scrape" or "spider" the Eco-Products, Inc., site or any other Eco-Products websites for content (such as images, logos or text);
• employ the use of any type of software download or technology which attempts to intercept or redirect traffic or Referral Fees to or from any website; and
• use Eco-Products, Inc., or Eco-Products vendors or suppliers' logos, trade names, trademarks, graphic images, product images, product references and similar identifying material except material provided by Eco-Products, Inc., for use in the Program.

Prohibitions regarding use of email: You may NOT do any of the following unless you first obtain in advance Eco-Products, Inc.,'s express written permission. Such requests must be made in writing and sent to Eco-Products, Inc., Attn: Affiliate Program Manager, 3640 Walnut St., Boulder, CO 80301. These prohibitions are in addition to, and not in place of, all prohibitions and restrictions that you are bound to under the Eco-Products, Inc. Affiliate Membership Agreement, as amended, as well as all prohibitions and requirements under the federal CAN-SPAM Act of 2003 and all other applicable laws and regulations. You may not: 

• generate or send any email messages or other "electronic messages" (as defined in the Eco-Products, Inc. Affiliate Membership Agreement, as amended) using or containing Eco-Products, Inc.,'s name or logo, or any variation thereof, or the Eco-Products, Inc.  name or logo, or any variation thereof, or any of our Trademarks (as defined below) or products, or any of the Special Qualifying Links or URLS provided to you as part of the Program;
• send any email or other "electronic messages" that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that Eco-Products, Inc., or any related entity was the sender or sponsor of such email or procured or induced you to send such email;
• forward, redistribute, or otherwise repurpose any email communications or newsletters or other "electronic messages" that Eco-Products, Inc., sends to its affiliates and/or customers; and
• generate or send any unsolicited email (spam) under this Agreement or any email in violation of the CAN-SPAM Act of 2003 or any other applicable laws or regulations.

Violation of any of the terms or prohibitions contained in this Agreement may result in, among other things, the immediate termination of this Agreement and/or the commencement of an action by Eco-Products, Inc., against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. In addition, you shall protect, defend, indemnify and hold harmless us and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us or related entities arising out of any content or activity by you or on your site or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation, including without limitation, claims for unsolicited email (spamming) or under the CAN-SPAM Act of 2003 or other violations of third party intellectual property rights, rights of privacy or publicity rights.

We have the right in our sole and absolute discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your site for such purpose.

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We will process product orders placed by customers who follow Special Qualifying Links from your site to the Eco-Products, Inc., site in accordance with applicable legal requirements. We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare orders forms; process payments, cancellations, and returns; and handle customer service. Through The PAP Software, you have the ability to track sales made to customers who purchase products using Special Qualifying Links from your site to our site and you can review reports summarizing this sales activity. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Special Qualifying Links between your site and our site are properly formatted. The form, content, and frequency of the reports are limited to those reports and capabilities available through The PAP Software and may vary from time to time in our and/or The PAP Software's reasonable discretion. Eco-Products, Inc., is not responsible for any changes that The PAP Software's format, timing, or types of reports available to members of The PAP Software and Eco-Products, Inc.,'s Affiliates. Eco-Products, Inc., will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not. In addition, we are unable to track or provide credit for sales from customers that are referred to us with browsers that do not have their cookies setting enabled.

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We will pay you Referral Fees on certain product sales to third parties generated from web sites owned by Eco-Products, Inc., only. For a product sale to generate a Referral Fee, the customer must

• use a browser that has its cookies setting enabled;
• follow a Special Qualifying Link (in the format specified by Eco-Products, Inc.,) from your site to one of the web sites owned by Eco-Products, Inc.;
• we will not pay Referral Fees on any Products purchased from any site operated by us that is not part of our Affiliate Program;
• Products listed on any of our owned sites or in search results as "out of print", "hard to find", "special order" (or other words to similar effect indicating that a product is not readily available for delivery) are not eligible for any Referral Fees. Gift certificates are not eligible to earn Referral Fees;
• a customer who follows a link from your site to one or our sites, and then chooses to phone-in an order rather than order directly through one of our web sites, will not qualify for a Referral Fee.; for a product sale to generate a Referral Fee, a product must be purchase using our automated web-based ordering system;
• accept delivery of the product at the shipping destination; and
• remit full payment to us.

The Program is intended for commercial use only and you may not purchase Products through the Program for your own use. In addition to any other rights we may have, such purchases may result (at our sole discretion) in (a) the withholding of referral fees and/or (b) the termination of this Agreement. You acknowledge that these remedies, while not exclusive, are a reasonable assessment of the damage we will suffer as a result of a breach of this clause by you.

We will pay Referral Fees on products that are added to a customer's Shopping Cart within four (10) hours after the customer has initially entered our site ("Referral Fee Time") as long as the customer reenters our site directly during that time (and not through another affiliate link). We will not pay Referral Fees on any products that are added to a customer's Shopping Cart on our site when a customer has re-entered our site (other than through a Special Qualifying Link from your site) after the Referral Fee Time, even if the customer previously followed a link from your site to our site. Customer Service invoice adjustments and reorders are not eligible to earn Referral Fees. Products that are entitled to earn Referral Fees under the rules set forth above are hereinafter referred to as "Qualifying Products."

Note regarding Net Sales - Net Sales include only "shipped" sales. Orders entered for which the product does not ship are not reported as sales.

Note regarding "Cookies": To keep track of the Session, we use a small text file called a "cookie" that is placed on the hard drive of the visitor's computer. Some web browsers permit users to elect not to receive cookies. Only visitors who accept cookies can be tracked for referral fees. You understand that no referral fee can be paid for any purchase made by a visitor who does not accept "cookies" or who has deleted our "cookies" during a session.

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All determinations of Special Qualifying Links and whether a Referral Fee is payable will be made by Eco-Products, Inc., and will be final and binding.

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Customers who buy products through this Program will be deemed to be customers of Eco-Products, Inc., without affecting their status as your customer. Accordingly, all Eco-Products, Inc., rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers with respect to their transactions at Eco-Products, Inc.,. We may change our policies and operating procedures at any time consistent with applicable laws. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. 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 may not include price information in your product descriptions. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.

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You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. You may e-mail ec_aff@ecoproducts.(com) if you wish to get written consent. Please remove the () when sending an email. m

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We grant you a limited, nonexclusive, nontransferable, revocable right to access our site through the Special Qualifying Links solely in accordance with the terms of this Agreement and solely in connection with such links, to use our logos, trade names, trademarks, graphic images and similar identifying material designated in Section 2 (collectively, the "Licensed Materials"), only as provided to you through The PAP Software and solely for the purpose of identifying your site as a Program participant and to assist in generating the sale of Eco-Products, Inc., products from your site.

You may not modify our logos, trade names, trademarks, graphic images and similar identifying material in any way. You acknowledge that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights contained herein. We reserve all of our rights in the Licensed Materials and of our other proprietary rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt at such sublicense, assignment or transfer is void. We may terminate your license to use the Licensed Materials for any reason at any time in our sole and absolute discretion. You agree to follow our Trademark Guidelines (see below), as those may change from time to time. We may revoke your license at any time by giving you notice either by US Mail or Email.

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You will be solely responsible for the development, operation, and maintenance of your site and for all content that appears 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 site;
• the accuracy, timeliness and appropriateness of content 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 content posted on your site is not libelous or otherwise illegal; and
• notifying us of any malfunctioning of the Special Qualifying Links or other problems with your participation in the Program in accordance with the terms of this Agreement.

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.

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The term of this Agreement will begin upon our acceptance of your Program 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 5 days prior written notice of termination. Upon termination, all Eco-Products, Inc., related content and links shall be promptly removed from your site. You are only eligible to earn Referral Fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. In the event overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.  Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, remove all hypertext links to our site from your site.

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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. We will also make commercially reasonable efforts to notify you of such changes prior to or upon implementation. Modifications may include, for example, changes in the scope of available Referral Fees, Referral Fee Schedules, payment procedures, and Program rules. 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 AND/OR SENDING YOU THE CHANGE NOTICE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

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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.

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You acknowledge that by entering into and performing its obligations under this Agreement, we do not assume and should not be exposed to the business and operational risks associated with your business, or any aspects of the operation or content of your web site(s). Accordingly, in addition to any other indemnification obligations contained in this Agreement, you shall protect, defend, hold harmless and indemnify us and our parent or related entities from and against any and all claims, actions, liabilities, losses, costs and expenses, even if such claims are groundless, fraudulent or false (including court costs and reasonable attorneys' fees) incurred as a result of claims of customers or other third parties against us and our affiliates, licensors, suppliers, officers, directors, employees and agents arising from or connected with any of the content or activities of your site (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or your misuse, unauthorized modification or unauthorized use of the services or materials provided by us hereunder.

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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 at the time the act or omission giving rise to the liability occurred.

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To the fullest extent permitted by law, neither we nor any of our affiliates makes any 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, 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; however, we will make commercially reasonable efforts to correct errors or interruptions promptly.

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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 REPRESENTATIONS, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

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This Agreement will be governed by the laws of the United States and the state of Colorado, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts having jurisdiction and venue in or for Boulder County, Colorado and you irrevocably consent to the jurisdiction of such courts. 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 enforceable against the parties and their respective successors and assigns. Our failure or agreement not to enforce your strict performance of any provision of this Agreement in a given instance will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

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You shall not create, publish, distribute, make or permit any public announcement of this Agreement or the relationship contemplated hereunder, (including, but not limited to, any press release, client list, screen shot, advertisement or any promotional material) without first submitting such material to us and receiving our written approval, which we may withhold in our sole discretion.

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Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information including, without limitation, the terms of this Agreement, our business and financial information, our customer lists, and our pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to your accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.

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Guidelines for Using the Eco-Products, Inc., Trademarks

These guidelines apply to your use of Eco-Products, Inc., and other trademarks and service marks belonging to Eco-Products, Inc. or other related entities (the "Trademarks") in content that has been approved by us.

1. You may use the Trademarks only for purposes expressly authorized by us.
2. You may not modify the Trademarks in any manner. For example, you may not change the proportion, color, or font of the Trademarks.
3. You may not display the Trademarks in any manner that implies endorsement of your web site or business by Eco-Products, Inc., outside of your involvement in the Program.
4. You may not use the Trademarks to disparage Eco-Products, Inc.,, its products or services, or in a manner which, in our reasonable judgment, may diminish or otherwise damage our good will in the Trademarks.
5. Each Trademark must appear by itself, with reasonable spacing (at least the height of the Trademark) between each side of the Trademark and any other graphic or textual image. You may place the Eco-Products, Inc., name or logo adjacent to competitive brands, subject to the requirements of this Agreement, including prohibitions against objectionable material and sites.
6. You must use the TM symbol next to the trademarks. You must use the SM symbol next to the service marks.
7. When using our trademarks or service marks, you must clearly state this on the page list our trademarks or service marks. You must include similar statements for any other Trademarks used on an ongoing basis in your materials.
8. You acknowledge that all rights to the Trademarks are our exclusive property and all goodwill generated through your use of the Trademarks will inure to our benefit. In addition to all terms and prohibitions contained in the Eco-Products, Inc., Operating Agreement for Affiliate Network, you must abide by the following Prohibitions: YOU MAY NOT USE THE TRADEMARKED NAMES, ECO-PRODUCTS, INC., OR ANY VARIATIONS THEREOF, IN ANY MANNER INCLUDING KEYWORD BIDDING ON SEARCH ENGINES; YOU MAY NOT USE ECO-PRODUCTS, INC.,  OR ANY VARIATION THEREOF, IN METATAGS; YOU MAY NOT USE ECO-PRODUCTS, INC., OR ANY VARIATIONS THEREOF, IN HIDDEN TEXT OR SOURCE CODE; YOU MAY NOT USE ECO-PRODUCTS, INC., OR ANY VARIATIONS THEREOF, IN YOUR DOMAIN NAME OR ANY OTHER PART OF YOUR UNIVERSAL RECORD LOCATOR (URL). 
9. You agree not to bid on any keyword on any Pay per Click Search Engines (PPCSEs) that is one of our trademarks (or a derivation of a trademark, or any other word or term that is likely to cause confusion regarding its affiliation with us) of us in Pay per Click Search Engines (PPCSEs). Examples of these keywords include, but are not limited to: "Eco-Products, Inc.,", "ecoproducts", "ecoproductscom", "eco products". We may, in our sole discretion, modify this list from time to time to include any other word or phrase. You may bid on keyword strings such as "ecoproducts compostable cups", "ecoproducts bamboo" etc. 
10. You also agree not to bid on any keyword on any Pay per Click Search Engines (PPCSEs) that is one of our competitors' trademarks (or a derivation of a competitor's trademark, or any other word or term that is likely to cause confusion regarding its affiliation with the competitor) in Pay per Click Search Engines (PPCSEs).

We reserve the right in our sole discretion to modify these guidelines at any time. We reserve the right to take action against any use that does not conform to these guidelines.

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