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This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Home Planners, LLC, Affiliate Program (the "Program"). As used in this Agreement, "we", "us" or "ours" means Home Planners, LLC d/b/a eplans.com and "you", "your" or "yours" means the participating individual or entity. "Site" means a World Wide Web site, and, depending on the context, refers to either the eplans.com site, located at url www.eplans.com, or to each site that you will link to our site (which will be identified in your Program application). Your failure to comply with any provision of this Agreement shall be grounds for Home Planners, LLC, to terminate the Agreement and for your forfeiture of any commissions.

Enrollment. Participation in the Program gives you, the affiliate, the opportunity to earn commissions from the sales of home and project plans offered at www.eplans.com. To begin the enrollment process, you must submit an application form. We will evaluate your application and notify you via email whether or not you have been accepted to participate in the Program. We may reject your application if we determine in our sole discretion, that your web Site is unsuitable for participation in the Program. Unsuitable web sites include, but are not limited to, those that:

By applying to participate in the Program, you are representing to us that your Site does not do any of the items noted in clauses (a) through (f) above and, if you are accepted to participate in the Program, you agree that your Site will not engage in any of the items described above during the period of your participation.

Links. If you are accepted to participate in the Program, we will make available to you for use on your Site a variety of banners, buttons, icons, text links and other items ("Links") subject to the terms and condition hereof. The Links will link to one of our URLs, where visitors may purchase home and project plans from the eplans.com online store. You may post as many Links on your Site as you like. The position, prominence, and nature of the Links on your Site shall comply with any requirements specified by us, but otherwise will be at your discretion. Tracking using MyAffiliateProgram links takes place in real time. Pending sales are reported within minutes and you will have the option to receive an email confirmation of pending sales as soon as they are processed.

No Spam or Forced Linking. You shall not send unsolicited or commercial email ("Spam") with a Link, our URL or any other reference to Home Planners, LLC, eplans.com or our products. You shall not force visitors to our Site via any mechanism which acts as an automatic transport. This Agreement shall terminate immediately and automatically if you direct traffic to our Site through the use of Spam or any automatic transport mechanism or otherwise use a Link in an unauthorized fashion, and in such case all commissions earned shall be immediately and automatically forfeited.

Commissions. "Qualifying Link," means a Link from your Site to our Site facilitated by the technology of the MyAffiliateProgram software. "Commissionable Purchase" means a purchase of home and project plans at the eplans.com website completed by a customer within 60 days of entry from a Link on your Site, as recorded by the MyAffiliateProgram tracking software. Orders placed on our Site will be considered "Pending Orders" until payment has been deposited in our account and the order is shipped. Once payment has been received and the order shipped, the status of these orders will be updated and they will be considered a "Commissionable Order". Calculation. We will pay you a commission equal to ten percent (10%) of net sales for all purchases made by a customer within 60 days after the customer followed a Link to our Site from your Site, for which we have received full payment. Net Sales shall include those amounts received by us for the sale of products less amounts collected by us for sales, use or other taxes, duties, shipping, handling, returns, credit card fraud, and similar charges. A commission will only be paid if the visitor to our site is tracked by our system from the time of the Link to the time of the sale.

Payment. We will pay your commission on a calendar quarterly basis. Within approximately thirty (30) days following the end of each quarter, we will send you a check for the commission earned on products sold and paid for during the preceding quarter, less any taxes required to be withheld under applicable law. If the commission payable to you for any quarter is less than two hundred and fifty ($250.00) U.S. dollars, we will hold those commissions until such time as your commission earned equals at least two hundred and fifty ($250.00) U.S. dollars. All payments shall be made in U.S. dollars. Home Planners, LLC. shall not be responsible for exchange rate fluctuations or currency conversion costs. Returns, Cancellations and Order Changes. If a qualifying product is later returned by the customer, or if the order has been changed to reflect a new purchase price, we will reduce the amount of the commission payable with respect to such order accordingly and deduct the amount of the reduction from our next quarterly payment if we have already paid you a commission with respect to such order. If there is no subsequent payment, we will send you a bill for the commission owed us.

Order Processing. We will be responsible for processing all orders placed by customers who follow the Links from your Site to our Site. All aspects of order processing and fulfillment, including order entry, customer service, shipping, cancellations, returns and payment processing will be our sole responsibility. You agree to refer immediately to us any customer inquiries concerning eplans.com, its products or services, via the following email address: affiliates@eplans.com. You shall not misrepresent eplans.com or otherwise make any claims, representations or warranties in connection with our products or services, and you shall have no authority to, and shall not, bind us to any obligations.

Tracking of Sales and Reporting. We use cookies to track when and from what web site a customer links to our Site. If a customer does not have cookies enabled through his or her browser or periodically deletes cookies from his or her computer, we are unable to track the customer's activity. Consequently, if such a customer makes a purchase with eplans.com we can not classify such customer's purchase as being a Commissionable Purchase, and you will not be paid a commission on that sale. If a customer has visited multiple affiliate sites, the affiliate with the most recently clicked link will receive the commission on the sale.

You may view your program statistics at any time by visiting our Affiliate Administration site. The link will be mailed to you upon confirmation and approval of program participation. Statistics reported may include: Total Click-Throughs, Banner Click-Throughs, Text Click-Throughs, Banner Impressions, Click-Through Rate, Confirmed Sales, Pending Sales, Cancelled Sales, Commissions Earned, and Total Commission Due on a monthly and overall basis.

Your Responsibilities. You agree to indemnify, defend, and hold harmless us and our affiliates, directors, officers, employees, and agents, from and against any and all liabilities, claims, losses, damages, injuries, or expenses (including reasonable attorneys' fees) relating to (a) the contents, development, operation, and maintenance of your Site, (b) your breach of this Agreement or any of the terms hereunder, (c) any misrepresentation or breach of a covenant or agreement made by you in your application form, or (d) any claim that our use of your logos, trade names, trademarks, service marks or similar identifying material infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party. You are responsible for the contents, development, operation, and maintenance of your Site. You are responsible for ensuring that your Site complies with all applicable copyright and other laws. We will not be responsible if your use of another party's copyrighted or other proprietary material is in violation of the law. You agree to maintain in confidence any information we provide you pertaining to us or the third party that administers the Program that is designated as "confidential," "proprietary," or the like or is disclosed in circumstances of confidence, or would be understood by a receiving party, exercising reasonable business judgment, to be confidential.

Policies and Pricing. Customers who buy products through the Program are customers of Home Planners, LLC. All eplans.com rules, policies, and operating procedures concerning customer orders, customer service, and sales apply to these customers. We may change our rules, policies and operating procedures at any time. We shall have no obligation to share any customer information collected by eplans.com, including (without limitation) name and contact information.

Modification. From time to time, we may modify the terms and conditions contained in this Agreement. We agree to make these changes in good faith and will post a change notice on our Site when we make any such changes at http://www.eplans.com/affiliatemain.asp. We will notify you by email at the address you provide us of any substantive changes to the terms of this Agreement. Modifications may include, for example, changes in the commission schedule, bonus payments, payment procedures and Program rules.

IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, PLEASE CONTACT US WITHIN 30 DAYS OF OUR EMAIL NOTICE TO YOU TO TERMINATE THIS AGREEMENT. IF YOU DO NOT CONTACT US WITHIN 30 DAYS OF OUR EMAIL NOTICE, WE WILL ASSUME THAT YOUR CONTINUED PARTICIPITATION IN THE PROGRAM MEANS THAT YOU HAVE ACCEPTED THE CHANGE.

Termination. This Agreement shall be effective on the date we accept your application form and shall continue until terminated by either party. Either you or we may terminate this Agreement, with or without cause, by giving five (5) days advance written notice to the other party in the manner specified in the Contact Information Section of this Agreement.

You will not have the right to receive any further commissions following the termination of this Agreement. You will be "cashed out" and paid the balance of commissions owed as of the termination date within 30 days of termination.

Publicity; Promotional Activities. You may not make any public announcements about your participation in the Program or about the third party that administers the Program or engage in any promotional activities (other than inserting Links on your Site, or emailing your user base with offers from and Links to eplans.com) pertaining to your participation in the Program, without our prior written consent. You agree not to publish or otherwise make any representations, warranties, or other statements concerning us, our web sites, or eplans.com or any of our products, except as expressly authorized by us in writing. We may, in our discretion, announce your use of the Links on your Site, and otherwise advertise market, promote, and publicize this Agreement in any manner, including listing your name and company logo(s) on our Site.

Licenses. We grant you a non-exclusive, non-transferable, royalty-free, revocable license (a) to access our Site through the Links and (b) to use our logos, trade names, trademarks, service marks, and similar identifying material (collectively, "Our Marks") exactly as provided included in the Links for the sole purpose of promoting eplans.com or its products through your Site as contemplated by this Agreement. No right, property, license, or interest in any of Our Marks is intended to be given by us to you or acquired by you under this Agreement, except as stated in the preceding sentence. You may not alter, modify, or change Our Marks in any manner. You may not use Our Marks in any manner that is disparaging or otherwise portrays us in a negative light. Upon termination of this Agreement, you agree to return to us all property and non-public information you received from us and agree to promptly cease using Our Marks. You agree not to challenge the validity of, adopt, or register or attempt to register with any domestic or foreign government, quasi-governmental authority, or domain name registrar, the marks "www.eplans.com", "eplans," or any confusingly similar or derogatory derivation thereof as a trademark, service mark, Internet domain name, trade name, or similar item. You may not use or infringe upon the logos, trade names, trademarks, service marks and similar identifying material or other intellectual property of the third party that administers the Program, without their express prior written consent.

Contact Information. Any notice required or permitted hereunder will be deemed delivered upon receipt, if delivered by hand, sent by a recognized receipted overnight courier (such as Federal Express), sent by facsimile (with receipt thereof electronically acknowledged) or sent by electronic mail (with receipt by electronic mail confirmation that such electronic mail and any attachment have been received and opened by the recipient), or on the third (3rd) business day after being deposited in the U.S. mail, if sent by registered or certified mail, return receipt requested, to a party at its respective address specified below (or at such other address as shall have been specified by notice given pursuant to this provision). You may contact us under this Agreement, at Home Planners, LLC, Attn: Affiliate Manager, 3275 W. Ina Road, Suite 220, Tucson, AZ 85741, facsimile: (520)297-6219, electronic mail: affiliates@eplans.com. We may contact you at the address, facsimile number and electronic mail address provided by you in the application that you submit with respect to the Program.

Arbitration. Any controversy arising out of or relating to this Agreement shall be settled exclusively by arbitration in Tucson, Arizona in accordance with the rules of the American Arbitraion Association then in force. You and we agree to abide by all awards and decisions in an arbitration proceeding, and all such awards and decisions may be filed by the prevailing party with any court having jurisdiction over the person or property of the other party as a basis for judgment and the issuance of execution thereon. The fees of the arbitrator and the expenses of arbitration shall be apportioned between the parties as determined by the arbitrator.

Disclaimer. Each of the parties hereto disclaims any implied warranties of fitness for a particular purpose, merchantability and/or title with respect to its respective Site.

General. The validity and construction of this Agreement shall be governed by the laws of the State of Arizona applicable to contracts entered into therein, without reference to choice of law or conflicts of law principles. This Agreement states the entire agreement and understanding between us on the subject matter hereof and supersedes all previous agreements, arrangements, communications and understandings relating to such subject matter. Neither you nor we may assign this Agreement or any of our respective rights or obligations hereunder without the prior written consent of the other; provided, however, that we may assign this Agreement without your consent to one of our affiliates or in the event of a merger or sale orf substantially all of our assets. Nothing in this Agreement shall be deemed to constitute us a partner, joint venturer, employer, employee, principal or agent of you or of any other person.