2. Modification: We may modify any of the terms and conditions contained in this Agreement at any time, and at our sole discretion, by posting on this site and notifying you by email of the change. Modifications may include, but are not limited to, changes in the scope of available referral fees, fee schedules, payment procedures, and program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE A BINDING ACCEPTANCE OF THE CHANGE.

3. Limitation of Liability: We will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement, and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.

4. Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN IS SET FORTH IN THIS AGREEMENT.

5. Our Responsibilities: We will be responsible for providing all information necessary to allow you to make appropriate links from your site to our site. We will be solely responsible for processing every order placed by a customer following a special link from your site, for tracking the volume and amount of sales generated by your site. We will be responsible for order entry, payment processing, shipping, cancellations, returns, and related customer service.

6. Commission Payment: FloristOne.com Inc. will pay you for commissions earned (less any taxes required to be withheld under applicable law) within fifteen (15) days after the end of each calendar month provided total commissions due you for such month exceed Twenty-Five Dollars ($25). If total commissions due are less than Twenty-Five Dollars ($25) they will be carried forward to the next month.

7. Report of Sales: You will be given a user name and password and have the ability to enter a password-protected site to receive real-time sales and payment statistics.

8. Your Responsibilities: You are solely responsible for ensuring that reviews, descriptions, and articles on your site comply with applicable copyright and other laws. You must have express permission to use another party's copyrighted or proprietary material. We are not responsible for violations.

9. Policies and Pricing: Customers who buy flowers through the Affiliate Network will be deemed to be customers of FloristOne.com Inc.. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for flowers sold under the Affiliate Network in accordance with our own pricing policies. Flower prices and availability may vary from time to time, therefore, you should not include price information in your flower descriptions.

10. Miscellaneous: This Agreement will be governed by the laws of the United States, and the State of New York, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in New York, New York, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision.