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•  What is the Moda AudaciŽ Affiliate Program?

•  How do I get started?

•  How do I qualify?

•  How much will it cost me?

•  Can I participate in other affiliate programs?

•  As an Affiliate, can I pull content from the Moda AudaciŽ website for use on my site?

•  Can I offer specific Moda AudaciŽ products on my site rather than just linking to the  whole collection?

•  How do I alert Moda AudaciŽ if my email address or web address changes?

•  What is your privacy policy?

•  Do I have to dedicate an area of my site to Moda AudaciŽ?

•  How does Moda AudaciŽ track orders?

•  Can I monitor sales on a regular basis?

•  When and how will I be paid?

•  I have more than one website. Will I have separate accounts for each one?

•  Will I earn commissions on ALL purchases made by customers referred by my site?

•  Affiliate Agreement

•  BACKGROUND

•  TERMS AND CONDITIONS

•  Download affiliate banner images

What is the Moda AudaciŽ Affiliate Program?
You can look at any website as a potential virtual storefront. The people that visit your site are coming for the content you provide, but they are also potential shoppers for any number of online products and services -- even if you don't actually sell anything on your website. The Moda AudaciŽ Affiliate Network is a program that allows you to encourage the people who visit your website to shop online with Moda AudaciŽ. In return, you will receive a generous commission for purchases made by those referred clients at the time of their visit.

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How do I get started?
Fill out an online application here and submit it to us. When completed, you will be assigned your own user ID and password to login above. There you will find your personal identification code and a link to place on your site that will enable us both to track referrals from your site. We also provide graphics for you to use with your links. Once the link code is active on your website, you can begin earning commissions immediately!

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 How do I qualify?
We reserve the right to refuse sites based on content, but we expect that most sites will be acceptable. We will visit your site within 3-5 business days for verification and we would notify you should there be a reason of mutual concern. Your affiliate status is automatically approved immediately upon completion of your application and ready to start earning your commission!

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How much will it cost me?
There is no cost to join the program.

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Can I participate in other affiliate programs?
Yes. The Moda AudaciŽ Affiliate Network can coexist with as many similar programs as you choose. In general, it's a good idea to limit the number of items or companies promoted on a single web page to keep visitors from becoming overwhelmed, and you're more likely to see sales occurring where your web content is compatible with the items you're endorsing. But the design decisions are ultimately up to you.

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As an Affiliate, can I pull content from the Moda AudaciŽ website for use on my site?
No. We provide you with a library of custom graphics for you to use on your site, but you cannot reproduce any other Moda AudaciŽ copyrighted material without express permission.

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Can I offer specific Moda AudaciŽ products on my site rather than just linking to the whole collection?
You may, but we wouldn't recommend it. Because our product offerings change, we suggest that you link to our whole collection rather than to a specific product. You're also more likely to earn commissions on multiple item purchases if you allow the customer to browse freely.

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How do I alert Moda AudaciŽ if my email address or web address changes?
You can update your profile by accessing the affiliate account area above. Just Login.

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What is your privacy policy?
Our privacy policy is available here on our website. Click here

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Do I have to dedicate an area of my site to Moda AudaciŽ?
No. In fact, we encourage you to place your link graphic or text somewhere on your site where you feel it is likely to be seen by the most potential visitors and where it makes most sense with your content. You may have multiple links on your site, as your content dictates.

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How does Moda AudaciŽ track orders?
We use software that is provided by an independent, third party business partner. After you sign up, they will track the visitors you send to our site as well as sales and traffic data.

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Can I monitor sales on a regular basis?
Yes, you can just login above, and have access to statistics for your site. Here you can monitor your sales and commission activity whenever you like.

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When and how will I be paid?
All purchases made via links from your site will be tracked by our affiliate marketing partner, and you will receive 10% of each sale net of tax and delivery charges, and net of eventual returns. You will receive quarterly checks from us when your commission exceeds $25. Checks are processed in January, April, July, and October for the preceding 3 months commissions.

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I have more than one website. Will I have separate accounts for each one?
Yes, you will have to process and maintain a separate account for each website.

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Will I earn commissions on ALL purchases made by customers referred by my site?
You will earn commissions on purchases made by a customer who clicks through from a link on your site to the Moda Audaci website and subsequently places an order. Commission is earned when the merchandise is shipped and will be calculated based on the actual merchandise subtotal, excluding taxes, shipping and handling. Commission will be charged back for returned merchandise.

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Affiliate Agreement
This Master Agreement ("Agreement") is made between Axiom Interactive Corp. on behalf of Moda AudaciŽ at www.Moda-Audaci.com ("Merchant") and You ("Affiliate Partner").

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BACKGROUND
Affiliate Partner and Merchant each desire to establish the general terms and conditions which shall govern advertising and commission arrangements between Affiliate Partner and Merchant which result from their participation in marketing the www.Moda-Audaci.com website.

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TERMS AND CONDITIONS
In consideration of the promises set forth below, we agree as follows:

1. Offers and Engagements.

1.1. From time to time, Merchant may post on the www.Moda-Audaci.com website offers to pay to other participants a specified commission in return for certain advertising services leading to a Qualifying Link (defined below). If such offers receive an identification number from the www.Moda-Audaci.com website they shall be deemed to be an "Offer" for purposes of this Agreement. The term "Offer" shall also include any counter-offers resulting from an Offer.

1.2. If an Offer made by one party is accepted by the other party in accordance with the Offer's terms via the www.Moda-Audaci.com website, an "Engagement" will have been formed. Each Engagement shall have the same identification number as the original Offer that lead to the Engagement and shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency between the terms of the specific Engagement and the terms of this Agreement, the terms of the Engagement shall govern.

1.3. At any time prior to Affiliate Partner providing a Qualifying Link, Merchant may with or without notice (a) change, suspend or discontinue any aspect of an Offer or an Engagement or (b) remove, alter, or modify any graphic or banner ad submitted by Merchant for an Offer or an Engagement. Affiliate Partner agrees to promptly implement any request from Merchant to remove, alter or modify any graphic or banner ad submitted by Merchant that is being used by Affiliate Partner as part of an Engagement.

2. Affiliate Partner's Responsibilities.

2.1. Affiliate Partner will link its site to areas within Merchant's site using special URLs provided. Affiliate Partner may post as many links to the Required URLs and the rest of Merchant's site as it likes on Affiliate Partner's site. The position, prominence and nature of links on the Affiliate Partner's site shall comply with any requirements specified herein, but otherwise will be in the discretion of Affiliate Partner.

2.2. Affiliate Partner agrees not to make any representations, warranties or other statements concerning Merchant, Merchant's site, any of Merchant's products or services, or Merchant's site policies, except as expressly authorized by the Engagement.

2.3. Affiliate Partner is responsible for notifying Merchant of any malfunctioning of the Required URLs or other problems with Affiliate Partner's participation in the Engagement. Merchant will respond promptly to all concerns upon notification by Affiliate Partner.

3. Commissions.

3.1. Merchant agrees to pay Affiliate Partner the commission specified if Merchant sells to a visitor to Merchant's site (a "Customer") a product or service and if that Customer has accessed Merchant's site and purchased the product or service via a Qualifying Link.

3.2. A "Qualifying Link" is a link from Affiliate Partner's site to Merchant's using one of the URLs provided by Merchant. I must be the last link to the Merchant's site that the Customer uses during a Session where a sale of a product or a service to Customer occurs. A "Session" is the period of time beginning from a Customer's initial contact with Merchant's site via a link from the Affiliate Partner's site and terminating when the Customer either returns to the Merchant's site via a link from a site other than Affiliate Partner's site or the Engagement expires or is terminated.

3.3. Merchant shall have the sole right and responsibility for processing all orders made by Customers. Affiliate Partner acknowledges that all agreements relating to sales to Customers shall be between Merchant and the Customer.

3.4. All determinations of Qualifying Links and whether a commission is payable will be made by the www.Moda-Audaci.com website and will be final and binding on both Merchant and Affiliate Partner. Prices for the products will be set solely by Merchant in its discretion.

4. Ownership and Licenses.

4.1. Each party owns and shall retain all right, title and interest in its names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology, including, without limitation, those names, logos, trademarks, service marks, trade dress, copyrights and proprietary technology currently used or which may be developed and/or used by it in the future.

4.2. Merchant grants Affiliate Partner a revocable, non-exclusive, license to use, reproduce and transmit the name, logos, trademarks, service marks, trade dress and proprietary technology, as designated in the Engagement or during the registration process in the www.Moda-Audaci.com website, on Affiliate Partner's site solely for the purpose of creating links from Affiliate Partner's site to Merchant's site during Engagements. Except as expressly set forth in this Agreement or permitted by applicable law, Affiliate Partner may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Affiliate Partner may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void.

4.3. Affiliate Partner grants Merchant a non-exclusive, worldwide, royalty-free license to use, reproduce and transmit any graphic or banner ad submitted by Affiliate Partner solely for co-branding purposes or as a return link from Merchant's site to Affiliate Partner's site. Merchant will remove such graphic or banner ad upon Affiliate Partner's request.

5. Termination.

5.1. Either party may terminate any Engagement at any time by deleting their acceptance of the Engagement through the www.Moda-Audaci.com website. Termination of an Engagement shall not terminate this Agreement or any other Engagement.

5.2. Either party may terminate this Agreement at any time, for any reason, provided that they provide at least five day's prior written notice of such termination to the other party and The LinkShare Network™. Termination of this Agreement shall also terminate any outstanding Engagements. However, all rights to payment, causes of action and any provisions which by their terms are intended to survive termination, shall survive termination of this Agreement.

6. Representations.

6.1. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party's site will not (i) infringe on any third party's copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

6.2. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

7. Cross-Indemnification.

7.1. Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys' fees) brought by a third party, arising out of a breach, or alleged breach, of any of its representations or obligations herein.

8. Limitation of Liability.

8.1. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.

9. General.

9.1. Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect.

9.2. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the state of New York. Any action to enforce this Agreement shall be brought in the federal or state courts located in the state of New York. If you need to send official correspondence, send it via registered mail to Merchant's headquarters to the attention of Merchant's legal department.

9.3. This Agreement may be agreed to in more than one counterpart, each of which together shall form one and the same instrument. The parties agree that execution may be achieved in any format convenient to the parties.

9.4. The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other or others of them may be invalid or unenforceable in whole or in part.

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