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Affiliate Agreement

Affiliate Program Agreement
1. Calculation of Referral Commissions: Up to 5% per qualifying cummulative totals.

Referring webmasters who refer customers to Killertoys, via the "referral/affiliate code" earn a 2% commission on total referred Killertoys sales during an active pay period. If the total referred sales totals over $5000.00, the commission payout increases to 5% and remains at that level for that pay period.

2. Payment Period: Checks are cut and mailed on the first and the 15th of the month, in minimum amounts of $50. For your convenience, we also permit you to set higher minimum payment amounts of $100, $200 and so on. The measurement period is from 12:00:01am on the first day of the month through 11:59:59pm on the fourteenth day of the month, and from 12:00:01am on the fifteenth day of the month through 11:59:59pm on the last day of the month. Your checks are typically out the door no later than 48 hours following the end of the period. (No lags!) If your accrued commissions do not exceed $50, the amount is carried over to the next pay period. If you elect to have checks overnighted to you, each check amount will be reduced by $15 to cover the costs of fed-ex/UPS.

3. Statistics & Reporting: By clicking the "Affiliates" link (see top right), you have access to real-time revenue statistics. Each weekly check includes a full statistics report.

4. No SPAM/UCE: You may not use "SPAM", including unsolicited commercial email (UCE) to promote the services or products of or it's marketing partners. You will not be credited for referred customers if you are found to have used spam/uce. (How to report spam to us: Email the full text of the spam, including subject line plus all headers [where available], to

5. No Alteration of HTML Code: When you use Killertoy's own provided banners or other artwork, hosted from Killertoys, we expressly forbid alteration of all related HTML syntax, banner, and/or Text Link(s) without the express, prior, written consent (including physical mail, email or fax transmission) of

6. Legal:

I. Relationship: -- Affiliate must be at least 18 years of age, and is neither an employee nor an independent contractor of KILLERTOYS.COM or TransAtlantic Charters, Inc. No Partnership is being created pursuant to this Agreement. No partnership relationship exists, and both parties expressly disclaim any benefits or liabilities arising from any claim of a partnership relationship from any quarter.

II. Governing Law/Disputes -- Agreement shall be interpreted under the laws of the State of Florida, USA. Disputes shall be resolved by binding arbitration in Florida, USA.

III. Illegal or Objectionable Content -- Associate may not present Killertoys promotions on any page or internet facility regarded as objectionable by Internet Service Providers (via AUPs), or otherwise considered unlawful, according to any controlling legal authority. Traffic not accepted includes, but is not limited to, websites and URLs depicting content or representing services of the following nature: child pornography, computer viruses, "warez", prostitution, obscenity as governed by the laws of the USA and spam.

IV. 18+ Promotion -- This is a business agreement and hence the Affiliate must be leagally able to enter into a business agreement, therefore, you must be at least 18 years old to participate in the affiliate program.

V. Misrepresentations -- Any misrepresentations or misstatements used in your marketing of the websites of Killertoys or it's marketing partners is strictly forbidden. Any advertisements or statements used in your marketing must either consist of official marketing materials made available through the website, or, if you customize such material or wwwelop your own marketing messages, such material messages must accurately and truthfully represent the materials being offered, and may not be false, deceptive or misleading. Any material representation or omission that is likely to mislead consumers is considered false, deceptive, and/or misleading, and is a violation of this Agreement. Affiliate is hereby notified that Killertoys does not grant Affiliate actual or apparent authority to make such misrepresentations.

VI. Liquidated Damages -- If Affiliate violates sections 4, or 6(iii) through 6(V) of this Agreement (spam, illegal content, 18+ promotion, misrepresentations), Killertoys will be entitled to payment of liquidated damages from Affiliate of $500 per violation.

VII. Risks, Disclaimer & Indemnification -- Charters is not liable for any losses from anything not directly and reasonably within its control; Charters does not guarantee any success and/or profits by participating in this program, and makes no representations, guarantees and/or warranties of same. Affiliate accepts these facts and releases Killertoys from liability from same.

VIII. Execution -- This Agreement takes effect contemporaneous upon Affiliate clicking upon the "I Accept" button on the signup form. Killertoys must be in receipt of this signed agreement before remittance can be issued (see instructions below to sign and fax this document to Killertoys).

IX. Termination -- This relationship may be terminated at convenience by either party, at any time. However, in the event Charters terminates for convenience, Affiliate will be entitled to the remainder of the commissions accumulated up to but not after the actual time of termination of the account as long as the account is in good standing and not in violation of this agreement.

Signed: ________________________________________ Date: _________


By signing up and participating in the Killertoys Affiliate Program, you are agreeing to the above agreement.