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Affiliate Agreement

Welcome to Adobe GoLive 5

EYI Affiliate Agreement

Whereas:

A. Essentially Yours Industries, Inc. ("EYI") is a health products sales company, which has created an Affiliate Program ("the Program") for the promotion and sale of EYI products;

B. The Affiliate in order to increase his/her sales of EYI products wishes to access the Program for use with the Affiliates’ own website;

NOW THEREFORE, THIS AGREEMENT witnesses that in consideration of the mutual promises herein contained and for the exchange of valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Enrollment

1. To enroll in the Program, the Affiliate shall submit an application (the "Application") via EYI’s website (www.eyiproducts.com.) EYI shall evaluate the Application and shall in its sole discretion accept or reject the Application. Some of the factors, which may be considered by EYI in assessing the Application, include the following;

a. whether the Affiliate’s website generates sufficient traffic to EYI’s website;

b. whether the Affiliate’s website will attract a customer base interested in health and nutrition products;

c. that the Affiliate’s website has not promoted sexually inappropriate or violent materials;

d. that the Affiliate’s website has not promoted discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;

e. that the Affiliate’s website has never engaged in illegal activities;

f. that the Affiliate’s website has not violated the intellectual property rights belonging to EYI;

g. that the Affiliate does not include "eyiproducts", or any other EYI product names or variations or misspellings thereof in its domain name;

h. that the Affiliate’s website does not contain software downloads or tactics that potentially enable diversions of commission from other Affiliates in our program. Any Affiliate found to be using this type of marketing will be terminated immediately and lose all prior commission from our Program; and

2. The Affiliate understands and agrees that by submitting an Application to EYI , the Affiliate is acknowledging that he or she has read and understood this Agreement in its entirety and is agreeing to be bound by its terms. In the event the Affiliate’s Application is rejected by EYI, the Affiliate may reapply to the Program at any time, without restriction.

3. The Affiliate further understands and agrees that entering into this Agreement does not effect its obligations as an EYI IBA in that the Affiliate shall continue to be bound by all rules, regulations, policies and procedures to which it is subject as an EYI IBA.

Term of the Agreement

4. The Term of this Agreement shall commence upon the date of EYI’s acceptance of the Affiliate’s Application and shall end when terminated in writing by either party.

Commissions under the Program

5. An Affiliate shall have the right to earn commissions during the term of the Agreement. For a sale, which EYI makes as a result of a direct referral from an Affiliate website, the Affiliate will receive a commission fee of 30%. This is known as a first-tier referral commission.

6. In the event that a sale resulting in a first tier referral commission was made as a result of a referral by an Affiliate who is a sub-Affiliate of another Affiliate, the second Affiliate will be eligible for a commission fee of 8%. This is known as a second-tier referral commission.

7. A commission will only be credited to an Affiliate after the customer has made full payment to EYI. If a customer later requests a refund, or if a charge-back is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to both first-tier and second-tier Affiliates will be deducted from the next monthly payment. If there is not a next monthly payment, the Affiliate will be billed and hereby agrees to reimburse EYI in full for any such commissions.

8. Payments for commissions earned under the Program shall be issued via check only, made payable to the Affiliate in the name the Affiliate submits in his or her online registration, and mailed to the mailing address provided by the Affiliate.

9. Affiliates must have accumulated commissions of at least USD $25.00 for a given payment period before a check will be issued. If commissions are less than USD $25.00 for a given month, the commissions will be held over until the next month. This will continue until the commissions accumulate to or more than USD $25.00.

Tracking of Sales

10. EYI will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs which are assigned to Affiliates. EYI will endeavor to do its best to ensure accurate tracking of referrals made by the Affiliate. The Affiliate will be solely responsible for ensuring that the specially encoded URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales.

11. The Affiliate hereby acknowledges and accepts that the tracking system employed by EYI is not 100% fail-safe and that there may, on occasion, be instances of referral sales made that are not credited to an Affiliate for any of the following reasons:

a) failure by the Affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads and the like;

b) deliberate or accidental actions by customers to circumvent an Affiliate's special URL so that EYI software is unable to accurately track that sale;

c) computer bugs, glitches or crashes in or of the tracking software, that render it unable to accurately track sales for a period of time; and

d) events that cause irretrievable data loss on the computers and back-up disk media that store the commission information.

12. Only commissions tracked and recorded by EYI tracking software shall be eligible for commissions, and the Affiliate shall not hold EYI liable to compensate him or her for any claimed commissions that were not so tracked and recorded.

Responsibilities of the Affiliate

13. In the event the Affiliate’s application to the Program is accepted by EYI, the Affiliate agrees he or she shall be solely responsible for the development, operation and maintenance of the Affiliate’s site and for all materials that appear on the Affiliate’s site, including but not limited to the following:

a) the technical operation of the Affiliate site and all related equipment;

b) the accuracy and appropriateness of all materials posted on the Affiliate’s site, including, accuracy and appropriateness in respect to all EYI products and related materials; and

c) ensuring that materials posted on the Affiliate site are not libelous, trademark infringements, or otherwise illegal.

Terms of Use

14. The Affiliate agrees to display EYI Link Materials appropriately on the Affiliate website and to respect trademarks, service marks, and other rights in the Link Materials. The Affiliate further agrees to use only the EYI Link Materials to link the Affiliate website to EYI’s, and understands that these materials cannot be altered in any way, when stated otherwise.

15. The Affiliate agrees it will use reasonable efforts to update new versions of Link Materials as EYI makes them available.

Spamming

16. For the purposes of this Agreement, spamming shall be defined as the sending out of email messages to email addresses which the Affiliate has purchased or has harvested/collected from the Internet or otherwise, which email addresses have been obtained without the consent of the recipient. In addition, all EYI affiliates must also abide by the 'Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the `CAN-SPAM Act of 2003'. The practice of spamming and/or infringement of the Can-Spam Act of 2003 is a violation of EYI Policies and Procedures, and EYI will take action at its sole discretion against Affiliates engaging in spamming. These actions may include one or more of the following:

a) in the event EYI receives one (1) or more spamming complaints, the Affiliate’s account will be immediately suspended while EYI investigates the complaint(s), and EYI suspension terms under its Policies and Procedures shall apply; and

b) in the event the investigation reveals that spamming did occur, EYI may at its option, terminate the Affiliate’s account in accordance with EYI Termination Policy and the Affiliate will lose all prior commissions from the Program.

Relationship of Parties

17. The Affiliate acknowledges and agrees that the Affiliate is and remains at all times an independent contractor and that nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. The Affiliate further acknowledges and agreed that it has no authority to make or accept any offers or representations on behalf of EYI, and shall make no statement on the Affiliate site or elsewhere which contradicts anything in this Agreement.

Independent Investigation

18. The Affiliate has read this Agreement and hereby agrees to the terms and conditions set out. After independently evaluating the desirability of participating in the program, also understands that EYI may at any time (direct or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement.

Modification

19. EYI may, in its sole discretion, modify any of the terms and conditions contained in this Agreement, at any time by posting a change notice or a new agreement on this site. An Affiliate’s continued participation in the Program shall constitute binding acceptance of modifications, but in the event a modification made by EYI is not acceptable to the Affiliate, the Affiliate may terminate this Agreement by giving notice to EYI in writing.

Limitation of Liability

20. EYI shall not be liable to the Affiliate for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, and the Affiliate shall hold EYI harmless from all claims, damages and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of the Affiliate site.

21. Under no circumstances shall EYI’s liability to the Affiliate under this Agreement be greater than the amount of referral fees remaining unpaid to the Affiliate in accordance with this Agreement.

Miscellaneous

22. This Agreement shall be governed by the laws of the State of Nevada and the Province of British Columbia without references to rules governing choice of forum.

23. The Affiliate may not assign this Agreement, by operation of law or otherwise, without EYI’s 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.

24. Any failure by EYI to enforce the strict performance of any provision of this Agreement shall not constitute a waiver of EYI’s right to subsequently enforce such provision or any other provision of this Agreement.

Affiliate Policies & Procedures

A. AVERTISING AND PROMOTION

Corporate materials may not be copied in whole or in part by the Affiliate. Only EYI Link Materials are authorized for use.

1. Advertising

- The EYI name, trademarks or logos can only be used with written approval from EYI.

- Any such intended use must be approved. Any approved use of EYI logos, trademarks or name must also indicate that the associate is an Affiliate of EYI.

2. Statements Allowed

- Only those statements expressly stated in official company literature may be made regarding the nature, attributes and quality of EYI products. No medical statements or claims are permissible.

3. Product Testimonials

- No testimonials shall be given unless it is that of the individual Affiliate relating his/her own experience from using the products;

- These testimonials must be factual and truthful and must not include any medical, curative, diagnostic or therapeutic statements. The above is also applicable when you are relating your personal experience/testimonials—none of the above can be referenced; and

- No third party testimonials are permitted (with the exception of your spouse or partner).

4. Product Claims

- An Affiliate shall not make claims for any EYI products other than those that are found in official company literature or labels;

- All statements regarding product description and use must conform in every way to written company policy;

- No medical, curative or therapeutic claims about the products may be made except those officially approved in writing by, or contained in, the official literature of EYI; and

- Affiliates must always receive written authorization to reprint any claims found in official company literature.

5. Formats For Advertising

- Except where stated otherwise, approval must be obtained from EYI to:

- Use Company names, logos, trademarks, registered names and/or product names in any advertising;

- Make any product claims; and

- Make any claims regarding corporate operations, marketing or the commission structure.

6. Affiliate Website Text

- Only authorized EYI Link Material is to be used;

- No mention of EYI product names without proper trademark, copyright and/or registration identification;

- Do not make any medical claims that suggest EYI products cured, treated, or prevented any medical conditions; and

- Avoid any wording that suggests the products are "all natural", unless otherwise specified on the label.

7. Affiliate Designation

- Business cards, letterheads, envelopes, etc. that involve the use of the EYI name, trademarks, logos, etc. must be accompanied by the term, "EYI Affiliate".

8. Spamming

- Spamming shall be defined as the sending out of email messages to email addresses which the Affiliate has purchased or has harvested/collected from the Internet or otherwise, which email addresses have obtained without the consent of the recipient.

- In addition, all EYI affiliates must also abide by the 'Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003', or the `CAN-SPAM Act of 2003'.

- The practice of spamming is a direct violation of EYI Affiliate Policies and Procedures and EYI will take action at its sole discretion against the Affiliate engaging in spamming. These actions may include one or more of the following:

in the event EYI receives one (1) or more spamming complaints, the Affiliate’s account will be immediately suspended while EYI investigates the complaint(s);

in the event the investigation reveals that spamming did occur, EYI may at its option, terminate the Affiliate’s account.

9. Suspension

- During the term of your affiliate agreement with EYI, you may not promote or sell any non-EYI brand ingestible, topical and competing fuel additive products that compete directly against business of EYI.

- EYI reserves the right to suspend or terminate the Affiliate at its own discretion.

*Results may vary. Average weight loss is 6 pounds per month based on using this product for 90 days in conjunction with a healthy diet and exercise program. The statements made have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

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