This Agreement defines your affiliate relationship with McCarthy Enterprises LLC (parent company of Work Order Express) and sets forth the terms and conditions of that relationship. By submitting your application to participate in this Affiliate Program you indicate your acceptance of these terms and conditions. Use of the term "we" in the Agreement refers to McCarthy Enterprises LLC and "you" refers to the applicant.
1. McCarthy Enterprises LLC may reject your application if we determine for any reason or for no specified reasons that your site is unsuitable for the Program. McCarthy Enterprises LLC reserves the right to terminate your account if the focus of your site changes to topics we consider unsuitable. We may also terminate your account should your site contain material that is potentially offensive or pornographic, if you make false, exaggerated or misleading claims about Work Order Express, attempt to divert Internet traffic away from workorderexpress.com, engage in email 'spam" marketing or engage in any other practice which we, in our sole discretion, feel would reflect badly on us by association.

2. From time to time McCarthy Enterprises LLC may change the content of its web site as new products, features and pricing arise.

3. Orders originating from your web site will be submitted directly to esellerate.com's credit card processor and charged to esellerate.com's merchant account. McCarthy Enterprises LLC and esellerate.com will assume the costs of order processing, but will not be responsible or liable in any way (including lost sales) for the failure of the credit card system or of our web sites.

4. esellerate.com will provide password-protected access to a log of recent sales placed from your site.

5. McCarthy Enterprises LLC will pay you a commission of 20% of the net amount of sales placed from your web site. Sales tax and any other non-product charges that may be assessed are not commissionable. Returns or credits may be made entirely at the discretion of McCarthy Enterprises LLC. In the event of a return or credit, your commission account will be charged back; if you are not due sufficient commission to absorb the chargeback, you will be billed for the return of commission. The amount of commissions due you will be calculated at the end of each calendar quarter and paid within 30 days after the end of that quarter. Before any commissions will be paid, you must provide the name, address, telephone number and tax identification number of the payee. In the event of termination of this Agreement, we may withhold your final payment for a reasonable time to ensure that funds are available from your account to absorb any return or credits.

6. Although McCarthy Enterprises LLC will make every effort to maintain this ordering system so that it functions reliably, you recognize that downtime inevitably occurs with all internet applications. You agree that McCarthy Enterprises LLC will not be responsible or liable for any interruption in this service or in the Affiliate Vendor Program.

7. The terms of this Agreement begin when we approve your application and end when this Agreement is terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party prior notice of termination. Upon termination of this Agreement, you will promptly remove all content and links related to McCarthy Enterprises LLC and its products from your site.

8. By installing banner, text links and copy provided by us on your web site, you acknowledge that you accept the terms and conditions of this program.
9. You are solely responsible for the development, content, operation and maintenance of your web site. You will defend, indemnify and hold us harmless from all claims, damages and expenses, including attorneys' fees that may arise relating to the development, content, operation and maintenance of your site.
10. We may modify the terms of this Agreement, including but not limited to commission rates and payment procedures, and post information about such changes on our web site. If you do not accept such changes, your sole recourse is to terminate this Agreement and to end your participation in our Affiliate Program.
11. Nothing in this Agreement is intended to create any partnership, joint venture, agency or employment relationship between you and McCarthy Enterprises LLC.

12. We will not be liable for any indirect or consequential damages, or loss of revenue, profits or data arising in connection with this Agreement or with the Work Order Express Affiliate Program, even if we have been notified of the possibility of such damages.

13. We make no express or implied warranties or representations with respect to the Affiliate Program or any products sold through the Program, including warranties of fitness for any particular use or merchantability.