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Affiliate Terms and Conditions

Agreement and Disclaimer

1) Terms of Agreement
The terms of this AGREEMENT will commence following the acceptance of the "AFFILIATE APPLICATION" and will terminate when ended by either party. Both the "AFFILIATE" and "BONE FISH LTD" may terminate this AGREEMENT at any time - with or without cause — by providing the other party with written notice of the termination. The AFFILIATE is only eligible to earn referral fees on sales occurring during the active term.

Causes for termination include:
The use of unsolicited email/spam to promote the BONE FISH LTD SERVICE or programme is the principal cause for termination of a BONE FISH LTD affiliate programme. If the AFFILIATE uses spam to promote the SERVICE, notification will be received regarding the termination of the account. If the AFFILIATE or BONE FISH LTD terminates the account 'without cause', then all monies owed to the AFFILIATE will be honoured. Thus, any and all commissions outstanding during the AGREEMENT term will be duly paid. If the amount outstanding is lower than the standard minimum payment level of £50, the transaction will be subject to a processing fee of £10.

1.1) Privacy
To protect the AFFILIATE'S right of privacy, at any time he/she is permitted to refuse receipt of any promotional material derived from the company BONE FISH LTD (i.e. newsletters and sales promotions via email). The AFFILIATE can unsubscribe from all affiliate communications by sending an email request to the following email address: affiliates@bone-fish.com.

1.2) Mediation
Any issues or discrepancies regarding outstanding commissions will be dealt with within 7 days of BONE FISH LTD receiving notification by email. All such matters will be handled by the director of BONE FISH LTD, Michael Fitzgerald. Queries may be raised via email to: mike.fitzgerald@bone-fish.com or by post to:

Michael Fitzgerald
Bone Fish Ltd
3rd Floor
International House
Bell Lane
Gibraltar

1.3) Tracking
Visitors to the BONE FISH LTD SERVICE are tracked using third party software. Any visitor who becomes a member as a direct result of an Affiliate referral will be tagged in the BONE FISH LTD MEMBER DATABASE — this information will be accompanied by the relevant Affiliate reference code and thus, all sales made as a result of this referral will de duly honoured. Those clients that have not rejected company mail shots will receive notification of future product launches via email, using a URL recognised by the affiliate tracking software to further credit ongoing sales from the aforementioned mail shot. However, although all such mail shots are to be distributed in good faith, BONE FISH LTD cannot be held responsible for any ongoing commissions to clients tagged with an Affiliate ID reference code that did not originate from any such email campaign.

1.4) Reporting
AFFILIATES will be able to access sales records through their affiliate administration panel (http://login.bone-fish.net). Access details will be supplied upon acceptance of an AFFILIATE APPLICATION. Real-time statistics will thus be available subject to server performance - plus other information regarding sales, outstanding commissions and conversion rates. Historical data on a monthly basis of past performance is also accessible.

1.5) International Affiliates
International affiliates are welcome to join the BONE FISH LTD programme and SERVICE. All payments made will be in POUNDS STERLING, EUROS or US DOLLARS on a monthly basis. International affiliates who would prefer a higher minimum cheque payment to reduce their bank costs are invited to discuss reviewed limits.

1.6) Predatory Advertising
BONE FISH LTD compromises not to use predatory advertising methods designed to generate traffic from sites they have not contracted for the online promotion of products, services and affiliate programmes. The AFFILIATE compromises not to use any predatory advertising methods in the promotion of affiliate products, services or affiliate programmes. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any other method intended to generate traffic from a website without that website's expressed written permission. Examples include, but are not limited to, keyword parsing browser plugins (such as TopText and Surf+), banner replacement technology such as Gator, and browser spawning technology that is not website dependent. Participation in predatory advertising programmes will be cause for the immediate termination of an affiliate's account.

2) Commission Payments
BONE FISH LTD will pay up to 50% commission (net of all due taxes) following the full payment of any membership sale. Payments will be made every 30 days and will be made in the form of a cheque payable in sterling to the 'Payee', as described in the administration centre. The AFFILIATE is held responsible for his/her own tax liabilities in relation to this payment.

2.1 Commission Threshold
The minimum payment level is £50 or $50 — depending on the currency that the AFFILIATE has requested regarding the receipt of cheques. Outstanding amounts under this figure will be carried forward to the following sales period, until such a time when the accumulated commission fee reaches the £50 or $50 threshold. Commissions against sales that are rejected upon credit card authorisation or otherwise, (refunds, charge-backs, etc) will be deducted from an AFFILIATE'S account following commission payment.

2.2 Commission Payment Timescale
All cheques and payments sent by BONE FISH LTD must be deposited within 120 days of the issue date. Any enquiries or queries relating to payments must be also made within this time frame. It is the responsibility of the AFFILIATE to ensure that they themselves monitor and record the receipt of payments.

3) Modification
At any time, BONE FISH LTD reserves the right to amend the Terms and Conditions contained in this AGREEMENT and compromises to circulate a notification in writing to all affiliates. However, this notification will only apply to those affiliate's that have not declined or refused the receipt of BONE FISH LTD email communications.

Amendments applicable to these the Terms and Conditions may include: changes in the scope of available referral fees, fee schedules, payment procedures and programme rules. However, any and all changes to this AGREEMENT shall be in made in good faith — and BONE FISH LTD compromises to ensure that the AGREEMENT shall not be altered to purposely avoid the payment of due commissions or similar.

Any extensive change that is likely to directly affect the nature of the affiliate programme i.e. changes to the commission structure, shall be notified at least 14 days before the event or modification, and shall be done in writing via an email notification. These changes shall also be updated in the onsite AGREEMENT. Email notification will only apply to those affiliates that have not declined or refused the receipt of BONE FISH LTD email communications.

IF AN AFFILIATE IS IN DISAGREEMENT REGARDING ANY SUCH MODIFICATION, HE/SHE IS PERMITTED TO TERMINATE THE CONTRACT BETWEEN HIM/HERSELF AND BONE FISH LTD. THIS WOULD BE THE ONLY COURSE OF ACTION APPLICABLE - AND THE ONLY RECOURSE FOR THE AFOREMENTIONED AFFILIATE. AN AFFILIATE'S CONTINUED PARTICIPATION IN THE PROGRAMME FOLLOWING NOTIFICATION FROM BONE FISH LTD IN THE FORM OF A POSTING, AMENDMENT NOTICE OR NEW AGREEMENT WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

4) Limitation of Liability
BONE FISH LTD will not be liable for indirect, special or consequential damages. It will also not be liable for any loss of revenue, profits or data arising in connection with this AGREEMENT or the programme — even if BONE FISH LTD has been advised of the possibility of such damages. Furthermore, BONE FISH LTD'S aggregate liability arising with respect to this AGREEMENT and the programme will not exceed the total referral fees paid or be payable to an affiliate under this AGREEMENT.

5) Independent Investigation
THE AFFILIATE ACKNOWLEDGES THAT THIS AGREEMENT HAS BEEN READ AND UNDERSTOOD, AND AGREES TO ALL TERMS AND CONDITIONS SET OUT ABOVE. THE AFFILIATE UNDERSTANDS THAT BONE FISH LTD MAY, AT ANY TIME (DIRECTLY OR INDIRECTLY), SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT, OR OPERATE WEBSITES THAT ARE SIMILAR TO (OR COMPETE WITH) THE AFFILIATE SITE. THE AFFILIATE HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAMME AND IS NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN THAT SET FORTH IN THIS AGREEMENT.

6) Miscellaneous
This AGREEMENT certifies that the BONE FISH LTD SERVICE (http://www.bone-fish.com) and product meets the legal requirements of the United Kingdom.

This AGREEMENT will be governed by the laws of the United Kingdom, without reference to the rules governing the choice of laws. The AFFILIATE may not assign this AGREEMENT by operation of law or otherwise, without BONE FISH LTD'S prior written consent. Subject to that restriction, this AGREEMENT will be binding, inure to the benefit of - and be enforceable against - the parties and their respective successors and assigns. BONE FISH LTD'S failure to enforce an affiliate's strict performance of any provision of this AGREEMENT will not constitute a waiver of BONE FISH LTD'S right to subsequently enforce such provision or any other provision of this AGREEMENT.

Contact Details
Address:
BONE FISH LTD
3rd Floor
International House
Bell Lane
Gibraltar
Telephone: 00350 200 40335

04 November 2008