We reserve the right to transfer your account from a pay-per-signup account to a recurring partnership account if your conversion from trial percentage rates are well below average.  If your account is transferred to a recurring partnership account, it will be transfered retroactively, and you will be paid 70% of the net revenue that your traffic generates.  Net revenue is defined as total revenue, less credits, chargebacks, and merchant account fees.

4. Commission Payment. 

Commissions due and owing to you under the Program will be paid to you directly by EPOCH, our transaction processor, on a weekly basis.  Payments due and owing to you for a pay period of less than $50.00 will be rolled over into subsequent payment periods until at least $50.00 is reached, at which time you will receive payment. Payments will be in the form of a check in US dollars payable to you, as identified in your application, and will be mailed to the street address indicated in your application. You may request and receive payment via wire transfer, provided, you pay the costs associated with the payment, which is $30 per wire.

5. NO PASSWORD SITES 

We have the right to immediately, and without notice, terminate your participation in the Program if we, in our sole and exclusive judgement, conclude that you use a illegal PASSWORD SITE to advertise FatPockets.com, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO THE COMPANY. 

6. ACCEPTABLE USE POLICY REGARDING BULK E-MAILINGS 

We do not allow Webmasters to market websites promoted through this Program through the transmission of bulk e-mails.  No exceptions.

HOW TO REPORT UNSOLICITED BULK E-MAIL 
If you believe you are the recipient of unsolicited bulk e-mail from a person or company advertising websites under this Program, please follow this procedure: 
Please send your UBE complaint to Dixon James Productions Inc.  The best and easiest way to do this is by forwarding the offending e-mail to info@fatpockets.com. If you cannot forward the UBE, simply send an e-mail to info@fatpockets.com. In either case, please include your name, address, telephone number and any information you may have about the identity of the person or entity that sent the UBE to you. You may be able to collect information about the sender from the e-mail itself, for instance, by examining the e-mails "header," by examining the webpage or by running a whois query against the webpage domain. 

7. Non-Exclusive Limited License and Use of Affiliate Logos and Trademarks. 

You grant us a non-exclusive license to utilize your names, titles and logos, trademarks (collectively the "Affiliate Trademarks"), to advertise, market, promote and publicize in any manner our rights hereunder. Notwithstanding anything herein to the contrary, we shall not be required to so advertise, market, promote or publicize. You hereby represent and warrant that you are the sole and exclusive owner of the Affiliate Trademarks and have the right and power to grant to us the license to use same in the manner contemplated herein, and such grant does not or will not (i) breach, conflict with or constitute a default under any agreement or other instrument applicable to you or binding upon you, or (ii) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity. This license shall terminate upon the effective date of the expiration or termination of this Agreement. 

8. Responsibility for Your Site. 

You will be solely responsible for the development, operation and maintenance of your site and for all materials that appear on your site. You are not Dixon James Productions, Inc.'s agent, and we shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to 18 U.S.C. Section 2257, or the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law. In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following: 

- Unsolicited bulk e-mail (see Section 6, above), IRC postings, forged header mailings or any other form of mailing, including but not limited to, newsgroups or AOL customers or otherwise violate the anti-UBE policies of ISPs or state law; 
- Provide inaccurate or incomplete information to Dixon James Productions, Inc. concerning your identity, bank account, address or other required information;
- Attempt to cheat, defraud or mislead us or our customers in any way;
- Misrepresent to the public the terms and conditions or content of our sites or your sites;
- Promote passwords, MP3, or Warez;
- Own or operate a website in connection with a person who is under 18 years of age; or


9. Test Joins 

FatPockets.com does not pay for affiliate test joins. We have no problem with you testing your account by joining yourself. But you must notify FatPockets.com by Email. Please Email us the site, date and username you joined with, so we can cancel the join and payment. We will not pay for a join we feel is a test join. 

10. Procedure Relating to Alleged or Actual Third Party Rights Infringement by a Participating Webmaster. 

Upon Dixon James Productions, Inc. receipt of a proper notice of alleged copyright, trademark, service mark or publicity rights violation by Your participating website. We will notify You and ask that You provide written documentation of your right to use the allegedly infringing material in your website. That documentation must be: (a) a license of the rights; (b) consent from the rights holder or their agent; or (c) a written statement from You or Your attorney (in either email or fax form) explaining Your claim to have a lawful right, or a legal defense, to display the allegedly infringing material. 

If You do provide us with appropriate rights documentation (a, b or c, above), we will forward that documentation to the rights holder or their agent, as appropriate. Should the rights. holder/agent not be satisfied, we will provide the rights holder/agent with Your contact information in order that they may contact You and pursue any remaining dispute with You directly. 

If you fail to provide the us an appropriate written response (a, b or c, above), You will have ten (10) days from the date of our original notification to You to remove the complained of content. Should you fail to remove said content within ten days, the referring URL containing the complained of content will be blocked and any funds otherwise due and payable to You relating to the referring URL will be forfeited, UNTIL SUCH TIME AS YOU PROVIDE AN APPROPRIATE WRITTEN RESPONSE. 

HOW TO REPORT ALLEGED RIGHTS INFRINGEMENT BY A WEBMASTER PARTICIPATING IN THE FatPockets.com PROGRAM 

If you are the holder, or authorized representative of the holder, of a copyright, trademark, service mark, or publicity right that you have reason believe is being infringed by a third party webmaster participating in the FatPockets.com program, contact info@fatpockets.com. 

11. Term of the Agreements. 

The term of this Agreement will begin upon our acceptance of your Affiliate 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 notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid. 

12. Modification. 

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change. 

13. Relationship of Parties. 

You and Dixon James Productions, Inc. 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. You are not an agent of Dixon James Productions, Inc.,  and Dixon James Productions, Inc.expressly disclaims responsibility for any conduct by you in violation of our terms of agreement. 

14. Limitation of Liability. 

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 Affiliate 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 Program will not exceed the total commissions paid or payable to you under this Agreement. 

15. Disclaimers. 

We make no express or implied warranties or representations with respect to the Affiliate Program or any Dixon James Productions, Inc. services or other items 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. 

16. Representations and Warranties. 

You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or internet service provider provide Dixon James Productions, Inc. with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith. 

17. Confidentiality. 

We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for your site and not generally available to other members of the Affiliate Program, website, business and financial information relating to Dixon James Productions, Inc., customer and vendor lists relating to Dixon James Productions, Inc. and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret 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 or if same is required by law or legal process. Should you received a court notice, complaint or subpoena requesting or seeking to compel disclosure of Confidential Information, you shall immediately inform Dixon James Productions, Inc. and Dixon James Productions, Inc. shall have the right, and be given the opportunity, to obtain a protective order to prevent disclosure of such Confidential Information. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third persons use of the information. 

18. Indemnification. 

You hereby agree to indemnify, defend and hold harmless Dixon James Productions, Inc., its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site. 

THIS IS A LEGAL AGREEMENT BETWEEN YOU AND DIXON JAMES PRODUCTIONS, INC.. BY JOINING THE PROGRAM YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF. 

Any additional questions or comments please contact info@fatpockets.com.