In consideration of participating in the Program, you agree to the following terms:

1. Spam

   Under no circumstances shall you send commercial electronic mail messages as defined in the new Federal spam law, the CAN-SPAM Act of 2003 [the "Act"], with respect to FlyCast's Program. For clarification, this does not prohibit you from sending transactional or relationship messages as defined in the Act. FlyCast reserves the right to collect, withhold, or cancel any and all compensation related to the content you send via commercial electronic mail messages.

2. Tracking Tags

   The tools, products and creative assets (collectively, "Assets") that are provided to You by FlyCast provide valuable information vital to the success of the Program, including information that helps make sure Transactions generated by You are properly attributed to you for Payout calculations. Thus, each of these Assets must be used in their intended manners as instructed by FlyCast. you agree that you will not corrupt, modify or disable the tracking functionality provided to you related to the Program.

3. Keywords, Pay Per Click advertising, and domain names involving FlyCast's trademark "FlyCast" and variations thereof

   You shall not purchase search engine keywords or domain names that use FlyCast's trademark "FlyCast" and/or certain variations and mispellings thereof. You shall not purchase or register keywords, Pay Per Click advertising, AdWords, search terms, domain names, or other identifying terms that include the word "FlyCast" or certain variations and mispellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. Specifically, this policy prohibits you from:

   1. Bidding on FlyCast's trademark, "FlyCast", and any keyword string that includes this term. For example, "FlyCast music", "FlyCast BlackBerry", "FlyCast iPhone", "FlyCast Mobile", etc.; and
   2. Bidding on variations of FlyCast's trademark: for example "Fly Cast", "FlyCast.com", "www.FlyCast.com", "fly-cast", www.FlyCast", "ww.FlyCast.com", "www,FlyCast.com", etc.
   3. Purchasing domain names based on FlyCast's trademarks or variations of FlyCast's trademark: for example "flycastt.com", "fly-cast.com", "FlyCastMobile.com", etc.
   4. Purchasing Pay Per Click advertising containing FlyCast's trademarks or variations of FlyCast's trademark: for example "flycastt.com", "fly-cast.com", "FlyCastMobile.com", etc.
4. If FlyCast determines, in its sole discretion, that you have purchased or attempted to purchase "FlyCast" keywords or domain names, or one of the three cited examples above, then FlyCast may (without limiting any other remedies available to it) pursue any or all of the following actions:
   1. Withhold all compensation otherwise payable to You beginning with the date on which You purchased the prohibited trademarked terms;
   2. Remove You from the FlyCast affiliate Program permanently; and/or
   3. Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently.
5. Payments. Affiliates will be paid a 10% commission on completed sales. Commission payments for completed sales will be paid to the affiliate's Paypal account on the third week following each month end.