1. Agreement

By completing the AdultClothDiaper.com Affiliate Program registration form, you are entering into a legal agreement with AdultClothDiaper.com, which contains all of the terms and conditions below and governs your participation in the AdultClothDiaper.com Affiliate Program.


2. Statement of Evaluation

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You understand that AdultClothDiaper.com may, at any time (directly or indirectly) solicit referrals for users of information retrieval services on terms that differ from those contained in this Agreement, or operate sites that are similar to or compete with your site. You acknowledge that you independently have evaluated the desirability of participating in the AdultClothDiaper.com Affiliate Program and are not relying on any representation, guarantee or statement other than as set forth in this Agreement.


3. Enrollment in the AdultClothDiaper.com Affiliate Program

To begin the enrollment process, you must submit a completed AdultClothDiaper.com Affiliate Program application and that AdultClothDiaper.com may reject your application if it determines (in its sole discretion) that your site is unsuitable for the AdultClothDiaper.com Affiliate Program for any reason.


Your application and/or participation may be cancelled or rejected if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason, including harmful, threatening, defamatory, obscene, illegal harassing, or racially, ethically, or otherwise objectionable content, such as sites that


promote sexually explicit materials.
promote violence.
promote discrimination based on sex, religion, nationality, disability, sexual orientation, or age.
promote illegal activities.
infringe or otherwise violate any copyright, trademark, or other intellectual property rights.

2. Promotion of Our Affiliate Relationship

As an affiliate site, we will make available to you a variety of graphic and textual links (each of these links referred to herein as "Links" or, individually, as a "Link") which, subject to the terms and conditions hereof, you may display on relevant areas of your site. The Links will serve to invite visitors to your site to visit AdultClothDiaper.com. These links may not identify your site as a member of our Affiliate Program however they will establish a Link from your site to ours.

3. Our Responsibilities

We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site, however, all Links must be submitted for review and approved in writing by us. We will be solely responsible for processing orders placed on our site by a customer following a Link from your site, tracking the volume and amount of sales generated by your site, and providing information to affiliate sites regarding sales statistics. We reserve the right to reject orders. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and customer service related to our site.

4. Other Responsibilities for Affiliate Sites

In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. In order to permit accurate tracking and reporting, you will be responsible for ensuring that the Links between our site and yours are properly formatted.

If you qualify and agree to participate as an affiliate site in our Program, you shall display Links prominently in relevant areas of your site, subject to any and all limitations herein and with our consent.

As an affiliate site in the Program, you are entitled to earn commissions as set forth below.

We have the right based on our sole discretion to review your site at any time to determine if you are in compliance with the terms of this Agreement.

You agree not to buy or encourage others to buy AdultClothDiaper.com products through your Links for subsequent resale.

You agree that the Links will in no way affect or alter the look, feel, or functionality of our site. Without limiting the generality of the foregoing, you are expressly prohibited from framing our site in any manner, including without limitation causing your site's tool bar to appear on our site. You shall not alter, modify, or expand the Links in any way without our express prior written consent.

5. Commission Determination

Sales of AdultClothDiaper.com products will qualify for a commission when all of the following conditions are met: 1) products are sold by us, 2) products are purchased by users linking to our site from your site through an approved Link, 3) products are shipped by us, and 4) AdultClothDiaper.com has received full payment. Commission will be based on the aggregate amount actually paid to us for qualifying purchases, excluding amounts collected by AdultClothDiaper.com for sales tax, duties, shipping and handling, returns, credit card fraud and bad debt ("net sales"). All available items purchased online through our site will be included in the computation of net sales. Commission rates are as follows: Commission rate will be equal to 8% of net sales for qualifying purchases. The commissions paid under this Agreement are for use by you only and may not be transferred or in any manner passed on to any third party unless expressly authorized in writing by us.

6. Commission Payment

When the total commissions due to you (based on qualifications listed in section 5) exceed $50 US, we will send a commission check for the applicable amount, less any taxes required, and a statement of activity to you. Commission checks will be paid in US funds and statements of activity will be sent approximately 30 days after the end of every fiscal quarter. If the balance of your account is less than $50 US, we will roll over the balance to the next quarter.

7. Reports of Sales

You will be able to check your sales statistics through our Netfusion.org. This site is password protected, and you will be given a password. All information available at Netfusion, including sales statistics, is our confidential information and is protected under paragraph 17 herein.

8. Policies and Pricing

Customers purchasing AdultClothDiaper.com products through the Program will be deemed our customers. All rules, policies, terms and conditions, and operating procedures concerning customer orders, customer service, and AdultClothDiaper.com product sales will apply to those customers. We may change our policies and operating procedures, including pricing, at any time. We solely will determine the prices to be charged for AdultClothDiaper.com products sold under the Program in accordance with our own pricing policies. Prices and availability of AdultClothDiaper.com products may vary from time to time and are subject to change without notice. We will use commercially reasonable efforts to present accurate information and maintain adequate inventory levels, but we cannot guarantee the availability any particular product.

9. Publicity/Use of Our Name

You cannot create, publish, distribute, or permit any material that makes reference to us or uses our name or any of our trademarks without first submitting such material to us and receiving our written consent.

10. Licenses and Use of the AdultClothDiaper.com Logos and Trademarks

a. We grant you a non-exclusive, non-transferable, revocable right to 1) access our site through the Links solely in accordance with the terms of this Agreement, and 2) to use our marks and logos only in the forms that they appear on our site (or such other images or messages for which we granted prior express written permission, hereafter "Pre- approved Images") solely in connection with such Links and only as permitted herein. You may not alter, modify, or change the Marks or Pre-approved Images or message in any way. You are only entitled to use the Marks to the extent that you are a member in good standing of the Program.

b. You cannot make any use of any Marks or any Pre-approved Images for purposes other than Links without first submitting a sample to us and obtaining our prior written consent. You agree that you will not in any way dispute, or do anything to impair the validity of our rights in our Marks, our ownership and right to use and control the use of our Marks. You further agree that all use of our Marks by you shall inure to our benefit of and on behalf of us and agree that nothing in this Agreement shall give you any right, title, or interest in our Marks other than to use the Marks in connection with this Agreement. You agree not to use the Marks in any manner that is disparaging or that otherwise portrays us in a negative light. We may revoke your license at any time by giving you written notice. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

c. You grant us a non-exclusive license to utilize your names, titles, and logos ("Affiliate Marks") to advertise, market, promote, and/or publicize in any manner, provided however that we shall not be required to do so. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

11. Obligations Regarding 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. Such responsibilities include, but are not limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site (including but not limited to, all AdultClothDiaper.com product related materials); 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.

We disclaim all liability for all such matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses including, but not limited to attorneys' fees, relating to the development, operation, maintenance, and contents of your site.

You hereby agree that your site will not, in any way, copy or resemble the look and feel of our site, nor will you do anything to create the impression that your site is our site or a part of our site, including without limitation, framing our site in any manner. You also hereby agree that your site will not contain any content of our site or any materials which are proprietary to AdultClothDiaper.com, except 1) with our prior permission, or 2))the materials were obtained by you via the AdultClothDiaper.com affiliate program in accordance with the provisions hereof or the policies or instructions thereon. You further hereby agree that your domain name does not and will not contain any of the following words:, ADULTCLOTHDIAPER.COM, ALL TOGETHER DIAPER, ATD, ACD, LEAKMASTER or any variation thereof.

12. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate Program application and will end immediately when terminated by either party. Either party may terminate this agreement at any time, with or without cause, by giving the other party written notice of termination. If we terminate this Agreement or notify you of a breach by you, you shall be required to remove all Links within twenty four (24) hours of receipt of notice. You are only eligible to earn commission on sales incurring during the term, and commissions earned through the date of termination will remain payable only if the related AdultClothDiaper.com product orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

13. Modification

We reserve the right to modify any terms and conditions contained in this Agreement at any time. You will sent notification by email and a change notice may be posted on our site. Modifications may include, but are not limited to, changes of the scope of available commissions, commission schedules, payment procedures, and Affiliate Program rules. If any modification is unacceptable to you, your only recourse and sole remedy 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 your binding acceptance of the change.

14. Relationship of Parties

The parties to this Agreement 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.

15. Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any AdultClothDiaper.com products sold through the Affiliate Program (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of 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 as follows and you will use the Links only as authorized hereunder.

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.

The execution, delivery, and your performance of this Agreement, and your consummation of the transactions contemplated hereby will not, with or without notice, lapse of time, or both, conflict or violate 1) any provision of law, rule, or regulation to which you are subject, 2) any provision of your by-laws or certificate of incorporation, or 3) any Agreement or other instrument applicable to you or binding upon your assets or properties.

You are the sole and exclusive owner of the Affiliate Marks and have the right and power to grant us the license to use your trademarks in the manner contemplated herein, and such grant does not and will not 1) breach, conflict with, or constitute a default under any agreement or other instrument applicable to you or binding upon your assets or properties, or 2) infringe upon any trademark, trade name, service mark, copyright, or other proprietary right of any other person or entity.

No consent, approval, or authorization of, exemption by, or filing with any governmental authority or third party is required in connection with the execution, delivery, and performance of this Agreement or any other action taken by you.

To the best of your knowledge there is no pending threatened claim, action, or proceeding against you, or any affiliate of yours with respect to the execution, delivery, or consummation of this Agreement, or the Affiliate Marks. To the best of your knowledge, there is no basis for any such claim, action, or proceeding.

You are an adult of at least 18 years of age.

17. Confidentiality

Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, product designs, customer and vendor lists; and pricing and sales information, concerning us, you, or any of our affiliates shall remain strictly confidential and secret. Such information shall not be utilized, directly or indirectly, by such party for its 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 such party hereto or its affiliates. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information 1) to any person pursuant to a subpoena issued by any court or administrative agency, 2) to its accountants, attorney, or other agents on a confidential basis, and 3) otherwise as required by applicable law, rule, regulation, or legal process.

18. Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE NETWORK, 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 NETWORK WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.

19. Indemnification

You hereby agree to indemnify and hold harmless us and our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs, and expenses (including reasonable attorneys' fees (any or all of the foregoing hereinafter referred to as "losses") insofar as such losses, or actions in respect thereof, arise out of or are based on 1) any claim that our use of the Affiliate Marks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, 2) any failure or breach of any representation, warranty, covenant, or agreement made by you herein, 3) any misuse of our name or trademarks, or 4) any claim related to your site, including, without limitation, content therein not attributable to us.

20. Independent Investigation

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 websites that are similar to or compete with your web site. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

21. Governing Law

This agreement will be governed by the laws of the United States and the State of Utah, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in federal or state courts located in Salt Lake City, Utah, and you irrevocably consent to the venue and jurisdiction of such courts. You may not assign this agreement, by operation of law or otherwise, without our prior written consent. However, we shall have the right to assign our rights hereunder to any of our related or affiliated entities. 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 to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right or subsequently enforce such a provision or any other provision of this Agreement.