Fujisan.com Partner Program Agreement

Welcome to the Fujisan.com Partner Program
This Agreement outlines the terms and conditions in connection with your participation in the Fujisan.com Partner Program (hereinafter referred to as "Program"). In this Agreement, "We", "Us", and "Our" refer to Fujisan.com and "You" or "Partner" will refer to the undersigned applicant.

1) Program Enrollment and Procedure
Any individual and/or company, which owns a web page or e-mail newsletter may participate in the Program provided we approve you for our Program. Any individual participating in the Program, at the time of entering into this Agreement, must be 18 years of age or older. Once we receive the requested information on the enrollment page located on our web site, we will review your application in a timely manner. If, in the unlikely event we reject your application, applicant may re-apply at a later time without prejudice. We will re-evaluate your application, and will accept your application if the content of your web site or e-mail newsletter is appropriately modified or revised.

2) Web Links
Upon acceptance of your application, we will provide you with detailed information regarding the specifications for the links (URL) to our web site. The links or URLs to our site must include a unique partner code at all times to qualify for a commission. If in doubt, please contact us at partners@fujisan.com to insure that your web link specification is correct so that orders may be tracked for you.

3) Orders
We will administer the entire ordering process (including, but not limited to, payment process, shipment, and customer service) for all orders that are placed through our web site.

4) Fees
You will be entitled to a 5% commission from Fujisan.com on sales of products if the following requirements are met (hereinafter referred to as "Commission"):
a) Each customer must follow a special link from your web site to our web site, and he or she must purchase a product through our ordering system during each given session, accept delivery of the subject product, and pay the entire amount. Only orders made during that session and within our site qualify for a commission.
b) You will not be entitled to Commissions on orders that are subsequently cancelled, where the subject product is returned, or when a customer visits our site directly.

Please note that the sales amount herein does not include shipping, handling costs, and any applicable taxes. Please note further that certain products may be excluded from earning Commissions.

5) Payment Schedule
The Commission shall be calculated and posted to you within 40 days after the end of each quarter. A quarter ends, for the purpose of this Agreement, at the end of March, June, September, and December. We will pay you the Commission four times a year, given each Commission earned exceeds $50. If the Commission earned is less than $50 within a given period, we may hold these fees until the total amount exceeds $50. You will be paid in the subsequent quarter's payment deadline when the unpaid commission exceeds $50 or more. If a customer returns merchandise or cancels an order for which the Commission payment has been made to you, you will be required to return the subject amount to us.
Payments will be in the form of a US Bank drawn check. If an alternate payment method is requested by you and agreed by us, transaction fees, if any, will be paid by you or deducted from the commission payment.

6) Policies
Those person(s) and/or organization(s) who are referred to our web site by you and purchase products through this program are considered customers of Fujisan.com and thus all of our rules and policies regarding orders, customer service, and product sales will apply to each transaction.

7) Proprietary Rights
We will provide you with graphic image(s) including the Fujisan.com Logo to establish a link from your web site to ours. You may use the image(s) solely for the purpose of identifying your web site as a Fujisan.com Partner Program participant and you may not modify the subject graphic image, text or any other images, our trade name(s) and trademark(s), and all other intellectual property rights that has been made available to you. You further agree to allow us to refer you as Partners, without cost, on our web site and various PR activities throughout the world, which may include press releases, advertising, and other means to promote our site.

8) Your Responsibility
You will be solely responsible for the development, operation and maintenance of your web site and for all content therein. We, hereby, disclaim any and all liability arising out of your web site and you hereby indemnify and hold us harmless from claims, damages, and expenses related to the development, operation, maintenance and content of your web site. You further agree that you will NOT use unsolicited e-mail (a.k.a SPAM) to promote this Program.

9) Contract Period
This Agreement is biding upon our acceptance of your application and shall be terminated upon receipt of a written termination notice with or without cause. Immediately upon termination of this agreement, you will remove all links from your web site to ours and all of the Fujisan.com trademark(s), tradename(s), logos and any other material that was provided to you in connection with this program.

10) Amendment to Agreement
We reserve all rights, in our sole discretion, to change, modify, add or remove all or part of the terms and conditions of this agreement, including but not limited to the commission amount, at any time, by posting a change notice on our web site. If any change is unacceptable to you, you may terminate the agreement. Your continued participation after the change has been posted on our site will constitute acceptance of the amended Agreement.

11) Relationship between Fujisan.com and the Partner
You and Fujisan.com, at all times relevant herein, maintain a relationship as independent contractor, and no agency, partnership, joint venture, sales representative, franchise and/or employment relationship has been or will be created. Also note that we may, at any time, sell or promote complimentary and/or similar products and services to yours, and you further accept and understand that this is not an exclusive agreement.

12) Spam Mails
You use no Spam mails in its respective business, and you do not and shall not accommodate any Spam mails in your business. You are prohibited to engage in any activity whatsoever in connection with Spam mails in connection with the operation of your activity under this agreement or in connection with the performance of any contract to which Fujisan.com is a party. The definition of Spam mails shall be determined from time to time by Fujisan.com based on regular course of business at any given time.

13) Method of Payment
Any payment arising out of transactions under this agreement shall be in the form of a personal check and/or cashier's check drawn against bank account(s) located in the United States. If you wish to make payments arising out of this agreement by any other form other form of payment, you are responsible of any transactional fees and costs.

14) Rights of Promotion and Advertisement
Fujisan.com shall not be required to obtain any oral or written consent from you if Fujisan.com decides to use your trademark, service mark, trade name, or copyright in its respective business in connection with Fujisan.com's promotion and advertisement of its services and any activities relating to its performance of contractual obligations under this agreement.

15) Non-exclusive Agreement
You are hereby notified that this agreement does not give you an exclusive right to sell or advertise a certain product through our services. Fujisan.com may sell and/or promote products or services that are complimentary or similar to your products and/or services.

16) Indemnity
We are not liable for indirect, special, or consequential damages (including, but not limited to, any loss of revenue, profits or data) in connection with this Agreement or the Program. You hereby agree to indemnify and hold harmless Fujisan.com Inc. and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including but not limited to, attorney fees, made by any third party due to or arising from this Program.

17) Disclaimer of Warranties and Liabilities
The Program or any products sold through the Program are provided on an "as is" basis without warranties of any kind, either expressed or implied, including but not limited to, warranties of fitness, merchantability and noninfringement. Neither this agreement or any documentation furnished under it is intended to express or imply any warranty that the online store will be uninterrupted, timely or error-free.

18) Acknowledgement
You acknowledge that you have read this agreement and agree to all terms and conditions mentioned herein. You understand that we may at any time establish other customer referral plans with terms that may substantially differ from those described in this Agreement. You hereby agree to participate in this Program strictly with terms and conditions set forth in this Agreement.

19) General
This Agreement shall be governed by the laws of the state of California without reference to rules governing choice of laws. Any action related to this agreement must be brought in the Federal or State courts located in San Francisco, CA, and you hereby consent to the jurisdiction of such courts.