This TERMS AND CONDITIONS AGREEMENT sets forth the agreement between eVitamins, ("eVitamins", "we" or "us") and each affiliate marketer ("you", "affiliate" or "affiliates") governing the use by you of this site. Please read this agreement carefully before joining any eVitamins affiliate program. By joining any eVitamins affiliate program, you signify your assent to this Terms of Use agreement. If you do not agree to the terms and conditions contained in this Terms of Use agreement, please do not join an eVitamins Affiliate program.

By joining the eVitamins affiliate program and promoting our products you are agreeing to abide by following terms & conditions (rules) set forth below:

Enrollment In Any Program
You may submit a completed Program application to begin the enrollment process. Submission of your application to any eVitamins.com Affiliate Program implies acceptance to the terms set forth in this Agreement. We will evaluate your application and notify you of your acceptance or rejection. We may reject your application if, in our sole discretion, we determine for any reason that your site is unsuitable for a Program.

Twin Associates, LC DBA eVitamins and its associates and suppliers are not eligible to enroll in the Program.

Unsuitable sites include, but are not limited to, those that:

• Promote sexually explicit material;
• Promote violence or hate toward any persons or groups;
• Promote illegal activities;
• Promote alcohol, tobacco, gambling/lottery in any way;
• Promote the use of pyramid, "ponzi", or similar investment schemes;
• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party;
• Include "evitamins", "e-vitamins", "evitamin" or variations or misspellings thereof in their domain names;
• Otherwise violate intellectual property rights of eVitamins or its suppliers;
• Disparage eVitamins or their suppliers;
• Are under construction or not live at the time of application;
• Require a username and password to access;
• Are non-US based or are sites that primarily serve a non-US based audience;
• Are unable to direct a reasonable amount of traffic by way of sales volume, clicks and page views to our site.

In addition, we will not accept sites that provide a portion of their Referral Fees or affiliate benefits to sites or organizations that violate any of the above criteria.

We also will not accept sites that provide rewards back to their members in the form of points or cash-back, or conduct other similar loyalty programs in connection with purchases made by members via their sites. In addition, evitamins.com may, at its discretion, decline to accept, require adherence to an additional set of terms and conditions, or require the posting of specific copy for any site that donates, directs or transfers any portion of their Referral Fees or affiliate benefits to any charitable site, education-related site, organization or program.

Regardless of your acceptance in any Program, we may terminate this Agreement for any reason, at any time.

The terms of this Agreement and our acceptance criteria are subject to change at any time without prior notice.

All decisions for acceptance into any eVitamins Affiliate Program will be made within our sole discretion.

If your Application is not accepted, you may reapply to the Program at any time; however, you should not and may not link to our site unless you are approved for the Program.

Links On Your Site
Upon acceptance into any Program, we will make available to you Qualifying Links that are subject to the terms and conditions of this Agreement. A "Qualifying Link" is a link from your site to our site using one of the Universal Record Locators ("URLs") or graphic links provided by eVitamins for use in the Program.

The Qualifying Links will serve to identify your site as a member of a Program and will establish a link from your site to our site. All Qualifying Links that you will use in any Program will be provided to you from eVitamins or by other means selected by us. You also agree that you will display on your site only those graphic images (indicating a Qualifying Link) that are provided by us, and you will substitute such images with any new images provided by us from time to time throughout the term of this Agreement.

Only valid Qualifying Links generated by eVitamins will be tracked for purposes of determining Referral Fees that you may be eligible to receive on sales of Qualifying Products (as defined below) generated through your site.

Only Qualifying Links may be used to link your site to areas within our site. You may post as many Qualifying Links to our site as you like on your site. The position, prominence and nature of links on your site shall comply with any requirements specified in this Agreement but otherwise will be in your discretion.

You acknowledge that, by participating in a Program and placing a link to evitamins.com (or any category page therein) on your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in a program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in our Privacy Policy.

You understand that all sites links must come from a "landing page" on your site. Redirected link pages are NOT acceptable forms of linking.

Prohibitions
You understand and acknowledge that this Agreement is made between you and Twin Associates, LC DBA eVitamins and is solely for the purpose of allowing you to link to the evitamins.com website.

As a condition to your acceptance and participation in the Program, you agree to not engage in the following practices:

• use the name evitamins, or any variation thereof, in any manner not expressly authorized by this Agreement. In particular, you may NOT use evitamins.com's name, or any variation thereof, in metatags, hidden text or source code, in your domain name or any other part of your URL;
• engineer your site in such a manner that pulls Internet traffic away from evitamins.com;
• You agree not to bid on any keyword on any Pay per Click Search Engines (PPCSEs) that word trademark (or a derivation of a trademark, or any other word or term that is likely to cause confusion regarding its affiliation with us) of us in Pay per Click Search Engines (PPCSEs). Examples of these keywords include, but are not limited to: "evitamins.com", "evitamins", "e-vitamins", "evitamin", "evitamins com", "e-vitamins.com". We may, in our sole discretion, modify this list from time to time to include any other word or phrase. You may bid on keyword strings such as "evitamins coupons", "evitamins.com discounts", "evitamins supplements".
• attempt to modify or alter our site in any way;
• make any representations, either express or implied, or create an appearance that a visitor to your site is visiting our site, e.g., "framing" or "wrapping" the evitamins.com site in any manner without first obtaining in advance our express written permission. Such requests must be made in writing and sent to eVitamins.com, Attn: Affiliate Program Manager, 6060 Collection Drive, Shelby Township, MI, 48316. You not use similar trade dress or any variation of the eVitamins.com site layout;
• "scrape" or "spider" the evitamins.com site for content (such as images, logos or text);
• employ the use of any type of software download or technology which attempts to intercept or redirect traffic or Referral Fees to or from any website;
• use evitamins.com or eVitamins vendors or suppliers' logos, trade names, trademarks, graphic images, product images, product references and similar identifying material except material provided by evitamins.com for use in the Program.

Prohibitions regarding use of email: You may NOT do any of the following unless you first obtain in advance eVitamins express written permission. Such requests must be made in writing and sent to evitamins.com, Attn: Affiliate Program Manager, 6060 Collection Drive, Shelby Township, MI, 48316. These prohibitions are in addition to, and not in place of, all prohibitions and restrictions that you are bound under any other affiliate marketing agreement with any network provider, as amended, as well as all prohibitions and requirements under the federal CAN-SPAM Act of 2003 and all other applicable laws and regulations. You may not:

• generate or send any email messages or other "electronic messages" (as defined in any network providers Affiliate Membership Agreement, as amended) using or containing eVitamins name or logo, or any variation thereof, or any of our Trademarks (as defined below) or products, or any of the Qualifying Links or URLS provided to you as part of the Program;
• send any email or other "electronic messages" that in any way suggests or implies or misleads or is likely to mislead (including without limitation, via the return address, subject heading, header information or message contents) a recipient into believing that eVitamins or any related entity was the sender or sponsor of such email or procured or induced you to send such email;
• forward, redistribute, or otherwise repurpose any email communications or newsletters or other "electronic messages" that eVitamins sends to its affiliates and/or customers;
• generate or send any unsolicited email (spam) under this Agreement or any email in violation of the CAN-SPAM Act of 2003 or any other applicable laws or regulations.

Violation of any of the terms or prohibitions contained in this Agreement may result in, among other things, the immediate termination of this Agreement and/or the commencement of an action by eVitamins against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. In addition, you shall protect, defend, indemnify and hold harmless us and our parent and related entities from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us or our parent or related entities arising out of any content or activity by you or on your site or resulting from or in connection with your violation of any of the terms or prohibitions contained in this Agreement or any law, rule or regulation, including without limitation, claims for unsolicited email (spamming) or under the CAN-SPAM Act of 2003 or other violations of third party intellectual property rights, rights of privacy, including but not limited to the Children's Online Privacy Protection Act of 1998 ("COPPA"), or publicity rights.

We have the right in our sole and absolute discretion to monitor your site at any time and from time to time to determine if you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your site for such purpose.

Use Of Downloadable Software
eVitamins does not permit the promotion of our products within downloadable software. This includes, but not limited to Browser Help Operators (BHO's), Search Bar Tools, Shopping Enhancers, Top Moxies, etc... Any affiliate that is discovered to be promoting our products in any type of software will have all sales reversed and their account terminated.

Trademarks and Copyright
All Web site design, text, graphics, sound, software and other content, and the selection and arrangement thereof, are the property of eVitamins or its licensors, and are protected by United States and international copyright law. All rights to such materials are reserved to their respective copyright owners. Permission is granted to electronically copy and to print in hard copy portions of this Web site for the sole purpose of promoting the eVitamins Affiliate Program or using this Web site as a shopping vehicle. Any other use of materials on this site, including without limitation reproduction for purposes other than noted above, modification, distribution, replication, commercial or other exploitation, or creation of derivative works, without the prior written permission of eVitamins, is strictly prohibited.

Promoting The eVitamins Brand Name
In order to maintain our integrity and recognizable brand name in the marketplace, we ask that all of our affiliates do not engage in any of the following activities:

• Mislead others.
• Operate or utilize a Web site or email link to Web sites that contain or promote any of these types of content: libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, cracking, hacking or warez, or that offer any illegal good or service, or link to a Web site(s) that do so and/or.
• Engage in spamming, indiscriminate advertising or unsolicited commercial email.
• Engage in cybersquatting or typosquatting.

We reserve the right to terminate the affiliate relationship with you for violation of any of the above mentioned items at any time within our sole discretion with or without notice.

Payment Of Commission
eVitamins will pay all of our affiliates by the 15th of the following month provided that the affiliates commission is twenty-five dollars or greater. All commissions will be paid in US currency. eVitamins reserves the right to withhold any commissions it deems as fradulent such as those being earned or obtained through the use or spyware, BHO's or any other commission altering software program. eVitamins checks are not transferable and cannot be made out to any third party payment processors.

Limitations
All items not mentioned in this agreement will be included but not limited to our original terms and conditions. By signing up for the eVitamins affiliate program you are also agreeing to the original terms and conditions as noted by the following web address ("URL"): http://www.evitamins.com/termsconditons.asp.

Questions About The eVitamins Affiliate Program?
Have a questions or concern about our affiliate program? Please let us know your needs or conerns. You may email us or you may call us at 1-586-786-0405 (Ext.105) to speak directly to a memeber of our staff.