Black Kids Swim, Inc Affiliate Program Terms and Conditions

This Black Kids Swim Inc. Affiliate Program Addendum (“Addendum”) is a contract between you (the “Affiliate Marketing Program Participant”) and Black Kids Swim, Inc. (the “Company”), and applies to your Affiliate Program Agreement. This Addendum applies along with and in addition to the Black Kids Swim Affiliate Marketing Program Application and Agreement and the Black Kids Swim Policies and Procedures. If you do not agree to be bound by this Addendum, then you should not agree to the Affiliate Marketing Program Agreement.

1. I am of legal age in the state of my residency. I agree that I am an independent contractor, responsible for determining my own business activities without control or direction by the Company, and not an agent, employee or legal representative of the Company. I will not represent in any manner that I am an agent or legal representative of the Company. I am responsible for the payment of all federal and state self-employment taxes and any other tax required under any federal, state or regulatory taxing agency.
2. This position does not constitute the sale of a franchise or of an Affiliate Program Participant position and no fee or purchase for participation as an Affiliate Program Participant has been required of me.
3. I agree that as a Black Kids Swim Affiliate Program Participant, I shall place primary emphasis upon the sale of products to non-Affiliate Program Participants. Affiliate Program Participants and customers resident in the States of Maine, North Dakota, Michigan, Indiana, Iowa, and West Virginia are limited to $495.00 in sales aids purchases as an Affiliate Program Participant from the Company during the first six months of Affiliate Program Participant status. The company will limit purchases to comply with the exemption requirements set forth in any states’ laws regulating business opportunities.
4. In presenting the Black Kids Swim Affiliate Program sales referrals to prospects, I agree that such presentations shall be strictly according to the guidelines set forth in Policies and Procedures and that I will be terminated as an Affiliate Program Participant if I fail to do so.
5. In order to maintain a viable Marketing Program and to comply with changes in federal, state or local laws and economic conditions, Black Kids Swim may provide additional and modified Policies and Procedures for Affiliate Program Participants from time to time, as well as to modify its Affiliate Program Participant Compensation Program. Such Policies and Procedures, additions and modifications and Compensation Plan modifications, and all changes thereto, shall become a binding part of this Agreement upon publication on the official Black Kids Swim website.
6. I understand that no attorney general or other regulatory authority ever reviews, endorses or approves any product, compensation program or company, and I will make no such claim to others.
7. I understand that my Affiliate Program Participant position can be inherited or bequeathed, but cannot be transferred or assigned during my lifetime without written consent of the Company which consent will not be unreasonably withheld. Affiliate Program Participants shall renew their status annually on their Program installation date. Renewal fee is $99.00 and is waived for Affiliate Program Participants in good standing with Black Kids Swim. No Affiliate Program Participant in good standing shall be denied renewal. A 30-day grace period shall apply to payment of renewal fee.
8. This Agreement shall be deemed in effect upon its receipt and acceptance by Black Kids Swim, Inc, at its Home Office; Upper Marlboro, Maryland.
9. I will not promote my Affiliate Program Participant status nor use the Company name, or the trade names, logos, sales materials, trademarks or service marks of Black Kids Swim, Inc, except in materials provided by the Company or approved in writing by Black Kids Swim prior to their use by me. I understand that unauthorized use or duplication of names, marks, trademarks or copyrighted materials is a violation of federal law and will result in termination of Affiliate Program Participant status.
10. Affiliate Program Participant shall utilize only those forms and promotional materials provided to Affiliate Program Participant by the Company, except as to those promotional materials which Affiliate Program Participant may create or adopt from others from time to time on his/her website or otherwise, provided that all non-company forms and promotional materials must be received and approved in writing by the Company prior to use by Affiliate Program Participant.
11. The following activities are prohibited and may not be undertaken, directly or indirectly by a Affiliate Program Participant:
    1. The display, offer or sale of non-company products and services at any meeting, convention or conference of Affiliate Program Participants.
    2. The distribution, offer or sale of non-company literature, sales aids, or services to and for the use of any Affiliate Program Participant.
    3. The display of commission checks and the use of income charts, statements or representations to any prospective Affiliate Program Participant.
    4. The use of automated telephone calling devices.
    5. The use of a website promoting Black Kids Swim Affiliate Program unless such website has been registered with Black Kids Swim and its content has been approved by Black Kids Swim.
    6. The calling of persons who have been listed on any state or federal no-call registry in order to offer the Black Kids Swim Affiliate Program Participant opportunity or Black Kids Swim products or services.
    7. Promoting the business of a Affiliate Program Participant by means of the sending of unsolicited e-mail transmissions (spamming). Affiliate Program Participants using e-mail solicitations in connection with their Affiliate Program Participation must be pre-registered with Black Kids Swim as an e-mail solicitor and shall follow such rules as Black Kids Swim may require in connection with e-mail solicitations, including the pre-approval by Black Kids Swim of the content of such solicitations.
12. Black Kids Swim may provide the following fulfillment to its Affiliate Marketing Program Participants: A new Affiliate Program Participant’s sales literature, scripts and website banners whether or not any optional Marketing Package is purchased, shipment of any ordered sales aids within ten days of receipt of order and clearance of funds, subject to availability of items ordered; calculation and payment of Affiliate Program Participant commissions. Payment terms on Affiliate Program Participant and customer purchases: check, money order or credit card with order. No credit purchases or C.O.D.’s available. Commissions are payable to Affiliate Program Participant according to the Compensation Plan which is incorporated herein by reference.
13. Affiliate Marketing Program Participant may not make false or misleading statements about the Black Kids Swim Product or Affiliate Program Participant position. Display of commission checks and the making of income projections to prospective Affiliate Program Participants is prohibited.
14. This Agreement is governed by the laws of Maryland. The parties agree that any claim, dispute or other difference between them shall be exclusively resolved by binding arbitration pursuant to the Commercial Arbitration Rules of the American Arbitration Association with arbitration to occur at Upper Marlboro, Maryland.
15. Affiliate Program Participant may return literature and sales aids in resalable condition at any time within thirty days of purchase and receive 90% refund. Shipping costs for returned items shall be borne by Affiliate Program Participant. Payment will be made within thirty days of actual receipt of returned items. Deposit refundable upon written request made within 60 days of termination of Affiliate Program Participant position. The Company will honor sales aides refund policies provided by any state or federal law applicable to Affiliate Program Participant. (New Mexico and Montana – one year; Georgia – no time limitation; Wyoming as to purchases made within 1 year prior to termination of Affiliate Program Participant position.