AFFILIATE AGREEMENT

Affiliate Program Enrollment: To become a participant in the Essence of Being, Inc. Affiliate Program, you will have to submit a complete Affiliate Program Application via our Web site. We will evaluate your application and notify you of your acceptance. We may reject your application if we determine, at our sole discretion, that your Web site is not suitable for the Affiliate Program for any reason, including, but not limited to, inclusion of content that is in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable, which by way of example only, contains (i ) sexually explicit, pornographic or obscene content (whether in text or graphics), (ii) speech or images that are offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability or otherwise), (iii) graphic violence (which may include certain types of game sites), or (iv) any unlawful behavior or conduct. If we reject your application, you are welcome to reapply to the Affiliate Program at any time, provided, you alter your Web site to delete all offending content.

Setting Up Links: We will make available to you, banner advertisements, button links and text links to our Web site (“Links”). In using the Links, you agree that you will cooperate fully with us in order to establish and maintain such Links. All Affiliate Web sites shall display such graphic images prominently throughout your Web sites as you see fit and with our consent. A Link can be modified and/or expanded with our consent. We have the right, in our sole discretion, to monitor your Web site at any time and from time to time to determine if you are in compliance with the terms of this Agreement.

Order Processing: We will process orders placed by customers who follow the Links from your Web site to the Essence of Being , Inc. Web site. We reserve the right, at our sole discretion, to reject orders that do not comply with certain requirements, which we may establish from time to time. All aspects of order processing and fulfillment, including order entry, customer service, cancellations, returns and payment processing will be our responsibility. We will track the amount of sales generated by your Web site and will make this information available to you through our Web site. To permit accurate tracking, reporting, and fee accrual, you must ensure that the Links between your Web site and our Web site are properly formatted. You are responsible to inform Essence of Being, Inc. of any suspected problems in the tracking code immediately.

Commissions: We will pay you a commission equal to Fifteen (15%) percent (after deduction of credit card processing fees and any consignment/royalty fees) for all new customer form purchases, utilizing the Links between your Web site and ours, for forms which we deliver to such customer and for which we have received full payment. For example if there are $50 of sales there could be a deduction of 4% ($2) for credit card fees ($50 – $2 = $48). In the example the commissions would be based on $48. A commission will only be paid if the customer is tracked as originating from your Link from the time of the Link to the time of the sale.

For a sale to generate a commission, the customer must follow the Link for your Web site to our Web site, purchase the form or forms in question using our online ordering system, accept delivery of the forms at the shipping destination, and remit full payment to us. However, no commission will be paid for orders that are refunded, not paid for, undeliverable or payment for which is credited to any customer.

Essence of Being Inc. shall set the price of any forms at its sole discretion.
Forms or Products referred to in this agreement, refer to individual forms or form packages available directly through essenceofbeing.com. No commission is due or payable on the sale of any other products, including but not limited to books, private services, subscriptions, supplies offered by or sold by essenceofbeing.com or any other partners, affiliates, advertisers or sponsors.

Payments: We will pay your commission on a monthly basis. Within approximately 30 days following the end of each month, we will send you a check for the commission earned on the products shipped during the preceding month. If the commission payable to you for any month is less than fifty( $50.00) U.S. dollars, we will hold those commissions until such time as your commission earned equals at least fifty ($50.00) U.S. dollars. If a product sale that generated commission is refunded by the customer, we will deduct the corresponding commission from your next monthly payment. We reserve the right to remit payments to you electronically, in our sole discretion.

Fraud: Essence of Being, Inc. also retains the right to review all commissions for possible fraud. Any incidence of fraud constitutes a breach of this Agreement, and Essence of Being, Inc. retains full authority to terminate this Agreement immediately.

Non-Exclusive: This is a non-exclusive agreement as to Essence of Being, Inc. and Affiliate. Both parties may enter into similar agreements with other parties.

Termination: Either Party may terminate this agreement with 30 days written notice to the other party. The agreement may be terminated sooner by Essence of Being , Inc. in the event of any breach by Affiliate.

Governing Law: This Agreement shall be subject to and construed according to the laws of the State of Georgia. Any suit to enforce any provision of this agreement must be filed in the city of Atlanta.

Validity: In the event that any one or more of the provisions of this Agreement shall for any reason be held to be invalid, such invalidity shall not affect any other provision of this Agreement.

Interruption of Service: Although Essence of Being, Inc. will try to keep the service operational at all times, a certain amount of downtime and interruption of service is always possible and inevitable. Essence of Being, Inc. is not responsible for any interruption of the service and Affiliate agrees not to hold Essence of Being, Inc.  or essenceofbeing.com liable for any consequences of interruption of any service.

Entire Agreement: This Agreement contains the entire agreement of the parties and no oral statements or prior agreements shall have any force and effect. Essence of Being, Inc. may modify the terms of this agreement in writing by giving 10 days written notice to Affiliate.

It is expressly understood that this Agreement in no way guarantees a sale of the site.