1. Operating Agreement
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the HomeInspectorLocator.com Affiliate Program (the "Program"). As used in this Agreement, "we," "us" or "our" means Home Inspector Locator, and "you," "your" or "Affiliate" means the applicant. "Site" means a World wide Web site and, depending on the context, refers either to HomeInspectorLocator.com’s site located at the URL www.HomeInspectorLocator.com, or to the site that you will link to our site that is stated in your Program application.

2. Enrollment in the Program
In order to begin the application and enrollment process you must complete the application form and agree not to display or promote the following:

• Sexually explicit materials
• Violent content or violence
• Discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• Illegal activities of any sort
• Use HomeInspectorLocator.com or any spelling variation registered to you or your organization as a domain name
• Infringe upon intellectual property rights of our software, promotional content, artwork or any other related proprietary material

Once we have reviewed your site for content, editorial integrity and compatibility with our sales and business model we will notify you of our decision on your application to become an affiliate.

We reserve the right to refuse enrollment to any applicant based upon our sole discretion.

3. Links on Your Site
We will provide you with an identifier code to insert into the hypertext that allows us to track the number of transactions (Search Requests) accomplished as a result of users clicking through your site to ours to complete such a search. You will be solely responsible for ensuring your code is attached to the hypertext (html) linkage.

4. Referral Fee Payment and Reimbursement Schedule
We will pay you referral fees only for completed search requests that are approved by us. The fee is ten percent of referral fees received by our members for searches performed by users originating from your web site.  Affiliate partners that consistently earn more than $200 in affiliate fees will be able to to earn 15% of the referral fees generated by users from their web site.

You will receive payment of applicable fees within 60 days after the end of each calendar month. We will only pay for completed search requests. As used herein, this means that an HomeInspectorLocator.com search request form has been sufficiently completed by the customer to generate a lead to our inspector members. Multiple searches by the same consumer will only result in a single search request.

5. Identifying Yourself as an Associate
We provide you with banners and text linkages to our site for use on your site. In using our banners and links, you must indicate that you are an affiliate of HomeInspectorLocator.com. You may not represent any other relationship without our prior written consent which consent we may withhold at our sole discretion. You may not use banners or links for any purpose other than as set forth herein.

HomeInspectorLocator.com reserves the right to audit your site at any time to ensure appropriate representation and display of banners and text linkages or any other proprietary materials. Although we will change our content and design from time to time, you may not change any of our content provided to you or create your own content using our name, banners or link for any purpose unless you are given prior written consent to do so by HomeInspectorLocator.com.

6. Relationships
Nothing in this affiliate agreement shall be construed to give rise to any relationship other than that of independent contractors. This affiliate agreement does not create any joint business venture, partnership, agency relationship, sales representative relationship, franchise, employment relationship, or any other type of joint business or employment relationship. Nothing in this affiliate agreement shall give affiliate any authority, either express or implied, to bind, commit, make an offer for or on behalf of, accept an offer for or on behalf of us other than what is contemplated in the affiliate relationship.

7. Limited License
The terms of this agreement grant you a limited license to use our text, graphic images, trademarks, service marks, logo types, copyrights, tag lines and other intellectual property rights (collectively referred to as "IPR"). We grant the same license to other Affiliate Partners. Subject to the terms hereof, we may revoke this license in writing at any time, at our sole discretion. We reserve the right to protect and preserve our content and IPR. Any and all content, images or other intellectual property provided to you cannot be changed without our prior written consent. You must agree to follow our usage guidelines as they change from time to time.

8. Your Site is Your Responsibility
We disclaim any responsibility for the development, operation, and maintenance of your site and for all materials that appear on your site. You are solely responsible for:

• The technical operation and functionality of your site and all related equipment
• The accuracy and appropriateness of materials posted on your site
• 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 materials posted on your site are not libelous or otherwise illegal

We disclaim all liability for the aforementioned items. Furthermore, 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.

9. Liability Limitation
You hereby agree that we are not liable for any indirect, special or consequential damages resulting or arising from this affiliate agreement or affiliate relationship, whether we have been put on notice of the potential for said damages or not.

10. TERMS, TERM AND TERMINATION
We reserve the right to terminate this agreement, and any licenses or use rights collateral hereto, at any time with sixty (60) days notice. You will have sixty (60) days from the termination notice date to settle all final account matters. Notification of termination will be sent to the email address you provide to HomeInspectorLocator.com during the registration process. You further agree that we may terminate this Agreement, and any licenses or rights of use collateral hereto, on five (5) days’ notice should be determine that you are in breach hereof. We will not be responsible for failing to notify you of Program termination where such failure is caused by an error in your email program, an inaccurate email address, your failure to check for your email online, or your failure to inform HomeInspectorLocator.com of a change in your email address. You are responsible for keeping us updated with your most recent contact address.

HomeInspectorLocator.com may modify this Agreement from time to time, with or without notice, and your continued participation in the Program after such modification shall be deemed to be your acceptance of any such modification.

11. Governing Law
The laws of The State of California and the United States will govern this Agreement.

12. Venue & Jurisdiction
Any action brought by either party related to this agreement shall be brought in the State and Federal courts located in County of Orange, City of Santa Ana and State of California. By signing this agreement, affiliate consents to the venue and jurisdiction of said courts.

13. Severability
Should any provision or portion of this agreement be held to be invalid or unenforceable, the invalid or unenforceable portion shall be severed from this agreement and the remainder of this agreement shall be enforced as permitted by law.

14. Assignment and No Waiver
Your rights and responsibilities to this agreement may not be assigned for any reason without our prior written consent. This agreement will inure to the benefit of our successors, beneficiaries and assigns. Any failure to enforce a breach of this agreement in whole or in part shall not constitute a waiver of any of rights or remedies to enforce subsequent or continuing breaches.

15. Disclaimers
This agreement represents the entire agreement between Home Inspector Locator and Affiliate and it supersedes any prior agreements whether written or oral. We are not making any express or implied warranties, guarantees or representations regarding the products or services offered. This disclaimer includes, but is not limited to, the following warranties: 1) Warranty of Merchantability, either express or implied; 2) Warranty of a fitness for a particular purpose; 3) Implied warranty through the course of performance, dealing, industry standards or trade usage. Furthermore, we do not represent or warrant either expressly or by implication, that our web site will function without interruption or error. You acknowledge and agree that we are not liable in any way for any damages, either direct or consequential, for any disruption of our web site. You agree that our maximum aggregate liability will not exceed the total amount payments made to affiliate.

16. Acknowledgment
By signing this agreement you are acknowledging that you have read this agreement, have had an opportunity to seek legal consultation, and that you agree to the provisions of this Agreement. Furthermore, by signing this agreement, you acknowledge that we are free to solicit and negotiate other agreements with other customers that may differ from this Agreement. Furthermore, we are free to solicit affiliate agreements with your competitors, and to operate or participate in web sites and other business ventures that may compete either directly or indirectly with your business venture or web site.

You warrant and agree that you have completely and independently weighed the pros and cons of participating in our affiliate program. Furthermore, you are relying solely on your own investigation and business judgment in entering into this Agreement. You warrant and agree that you have not relied on any representations made by our representatives or us other that what is set forth in this affiliate agreement in making its determination.

END OF CONTRACT