1) Joining the Program
To join the myGoals.com affiliate program, you must apply via the Affiliate Sign-Up form on our site. If your application is approved, you'll be notified immediately on the Sign-Up confirmation page and by email. We reserve the right to reject your application for any reason. However, you may re-apply as many times as you'd like. If we accept your application but your site, newsletter, etc., is later determined to be unsuitable for any reason (based on our sole discretion), we reserve the right to terminate your involvement in our program.

2) Placing Links
When you sign up as a myGoals.com affiliate, we'll provide you with special HTML links containing your affiliate ID that you can embed anywhere in your site or newsletter. You can point people to either our homepage, our goal-setting tips, a page within our public goal-setting directory, or any premade Goalplan accessible from the public (non-logged-in) portion of our site. Furthermore, we will provide you with banners, text-based advertisements, and other linking methods as well as guidelines for their use. You acknowledge that by participating in this affiliate program, you will use the links provided (or otherwise adhere to the linking methodology described in the Linking Methods section of the Affiliate Administration site) as failure to correctly utilize your affiliate links could result in the inability to accurately track your commissions. We will not be liable to you for the loss or decrease in commissions caused by a failure on your part to use your affiliate links correctly.

Furthermore, you understand that you may not promote myGoals.com or this Affiliate Program by sending unsolicited bulk e-mailings ("spam") and that doing so may result in affiliate account deactivation and forfeiture of commissions.

3) Earning Commissions
Your myGoals.com affiliate link will contain your unique affiliate tracking code, which allows us to track whenever a visitor comes to our site through the link you've provided. You will receive $1.00 for referrals who go on to become paying myGoals.com subscribers. A myGoals.com subscriber is defined as an individual who has exceeded his or her 10-day free trial period and who is being charged each month for the myGoals.com service.

Sub-affiliate Commissions: If an individual clicks on one of your affiliate links and signs up as an affiliate at myGoals.com, they will become your sub-affiliate. You'll earn $.50 every time one of your sub-affiliates earns a commission for a new myGoals.com subscriber.

4) Cookies
A cookie is a piece of data stored on the user's hard drive containing information about the user. Usage of a cookie is in no way linked to any personally identifiable information while on the myGoals.com site. myGoals.com uses My Affiliate Program to manage our affiliate program. My Affiliate Program uses a cookie to track affiliate and sub-affiliate activity on myGoals.com. When someone clicks on a myGoals.com affiliate link on an affiliate's site, My Affiliate Program creates a cookie on that individual's computer that contains the affiliate's ID. If the individual registers at myGoals.com within the next 90 days, the affiliate whose ID was the first to be tracked in the cookie receives credit for that individual's conversion. When they becoming a paying subscriber, you'll earn $1 for each and every month that they continue to use myGoals.com.

5) Refunds & Credits
If, for any reason, a paying subscriber for whom you are receiving a monthly commission receives a refund or credit, we will deduct the corresponding referral fee from your next monthly payment. If there is no subsequent commission earned, we will send you a bill for the referral fee.

6) Commission Payment Schedule
We will pay you commissions on myGoals.com referrals on a monthly basis. Approximately 10 days after the end of every month, we will send you a check if your monthly earnings are at least $25. If your earnings are less than $25, that amount will be rolled into the next month.

Example 1: Jane sends 30 people to myGoals.com in March and 20 of them register. By April, 15 people stay subscribed to myGoals.com. So, at the end of April, Jane earns $15. Since her earnings are less than $25, the $15 is rolled into her May earnings. Jane only needs to earn $10 in May to get a check for the month of May. (And, remember, because Jane is earning recurring monthly commissions, as long as she keeps at least 10 of the 15 myGoals.com users, she'll have her minimum covered.)

Example 2: (sub-affiliate) Jake sends 50 people to myGoals.com in March and 30 of them register. Furthermore, 40 people click on Jake's affiliate link and sign up as affiliates at myGoals.com, becoming Jake's sub-affiliates. By April, 25 of the people Jake sent stay subscribed to myGoals.com and 10 of the people sent by his sub-affiliates stay subscribed as well. So, at the end of April, Jake earns $35 and receives a check for his April earnings.

7) Limited License
We will make available to you graphical images (i.e., banners) and text-based advertisements and grant you limited, nonexclusive, revocable rights to use these images and text for the sole purpose of identifying, marketing, and promoting your site as an affiliate of myGoals.com and to assist you in generating referral commissions. Furthermore, the myGoals.com logo may not be altered, reproduced, or used for any purpose other than those set forth in this Agreement. We reserve all of rights to our graphical images and text, our trade names and trademarks, and all other intellectual property rights. We reserve the right to revoke your license at any time upon written notice.

8) Relationship of Parties
As described in Section 7, we provide you with nonexclusive, revocable rights to images and text-based advertisements that identify you as as affiliate. You may not misrepresent our relationship, implicitly or explicitly, or perform any action that could reasonably cause customer confusion regarding our relationship including, but not limited to, issuing a press release about your participation in the program, using framing techniques, or using other techniques to serve advertisements or other promotional content around or in conjuction with the myGoals.com goal-setting site; any such action may result in the termination of your participation as a myGoals.com affiliate.

9) Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Affiliate application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on commissions occurring during the term.

10) Modification
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, 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 BINDING ACCEPTANCE OF THE CHANGE.

11) 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.

12) Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

13) Miscellaneous
This Agreement will be governed by the laws of the United States and the State of Arizona, 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 Phoenix, Arizona, 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, inure to 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 or any other provision of this Agreement.