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EZLister.net Affiliate Agreement This Affiliate Participation Agreement contains the terms and conditions that apply to your participation as a member of the affiliate program (the "Program") for EZLister.net (the "EZLister"). In this Agreement you are sometimes referred to as "you", "your", �Participant�, or "Affiliate". THIS IS A LEGALLY BINDING AGREEMENT. BY JOINING THIS AFFILIATE PROGRAM AND RECEIVING AND USING LINKS TO THE EZLISTER WEB SITE, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND THAT YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS OR CONDITIONS SET FORTH HEREIN, DO NOT JOIN THIS AFFILIATE PROGRAM. ARTICLE 1. INTRODUCTION 1.01 EZLister is the sole and exclusive owner of all right, title and interest including logos, style, design, look and feel, trade names, trademarks (including any and all future versions thereof) of the Program. 1.02 EZLister intends to sell and distribute EZLister.net Auction Packs ("Product"} using in part, third party Affiliates who will establish links to the EZLister.net Web site where the Product will be offered for sale. ARTICLE 2. PARTICIPATION & REPRESENTATION 2.01 EZLister intends to have two levels of participation in their Program jointly called �Participants�. Participants in the first level, Affiliates ("Affiliate") shall diligently and continuously market and recommend the Product through the Internet and shall, operate and maintain links from its site to EZLister's site at its sole cost and expense. Participants in the second level, Resellers ("Reseller") shall agree to allow EZLister to place EZLister logos on all auctions posted to auction Web sites and on EZLister checkout pages that link to EZLister's site. Affiliates and Resellers are each Participants in the Program. It is possible for a Participant to participate as both an Affiliate and as a Reseller ("Dual Partner"). Upon acceptance of a Participant into the Program by EZLister, the Affiliate will be notified of their level of participation (Affiliate, Reseller, or Dual Partner). 2.02 EZLister hereby grants to the Participant the non-exclusive and revocable right to market and recommend the Product and to establish links to EZLister's Web site, the whole in accordance with this Agreement. 2.03 The Participant represents and warrants to EZLister that this Agreement has been duly and validly executed and constitutes and shall continue to constitute a legal obligation, enforceable in accordance with its terms. ARTICLE 3. PARTICIPANT SALES COMMISSIONS 3.01 If, as a result of a direct marketing effort of the Participant there is a sale of the Product, EZLister shall pay the Participant a Referral Fee. The Referral Fee is earned upon the payment of the purchased Product before tax and excluding returns. If a customer disputes or rejects a purchased Product ("Disputed Purchase"), or if we are required to refund money due to credit card or other fraud ("Fraud-Related Transaction"), the amount of the Net Price for the rejected, disputed or fraudulent purchase (a "Credit") will be deducted from Net Sales for the purpose of calculating Referral Fees we owe you. If we have already paid you a Referral Fee to which a Credit would apply, we will deduct the amount of the Referral Fee previously paid with respect to such Credit from your next monthly Referral Fee payment. If there are no subsequent Referral Fees due to you, we may send you a bill for the amount of the excess Referral Fees paid, and you agree to pay such bill no later than 30 days after you receive it. We may also withhold and reserve any Referral Fees we believe may have arisen out of any Fraud-Related Transaction, and may hold such reserves until any such issues are resolved to our reasonable satisfaction. EZL operates a two tiered affiliate program. This means that each Participant ("Level 1 Participant") is eligible to earn Referral Fees on sales generated by one sub Participant ("Level 2 Participant"). Participants that initiate a Product purchase always earn the first tier Referral Fee. In the case that a Level 2 Participant originates a Product purchase then the Level 2 Participant earns the first tier Referral Fee, and the Level 1 Participant earns the second tier Referral Fee. In the event that a Level 1 Participant originates a Product purchase then the Level 1 Participant earns the first tier Referral Fee and a second tier Referral Fee is not created and is not payable. Under no circumstance can a Dual Partner claim or be paid more than one Referral Fee for each transaction. EZLister.net sells three different Products: a Full Listing Pack, a Half Listing Pack, and a Quarter Listing Pack. For purposes of calculating Referral Fees each Product will bear the following Pro Rata Share ("Pro Rata Share"): Full Listing Pack, 100%; Half Listing Pack, 50%; Quarter Listing Pack, 25%. Unless otherwise provided, the Referral Fee for Participants will be calculated as follows: (i) first tier Referral Fee: $20 times the Pro Rata Share, and (ii) second tier Referral Fee: $5 times the Pro Rata Share. Unless otherwise provided, the Referral Fee for Resellers will be calculated as follows: (i) first tier Referral Fee: $8 times the Pro Rata Share, and (ii) second tier Referral Fee: $2 times the Pro Rata Share. A Referral Fee (on First and Repeat Purchase Sales) is payable to a Participant who has referred a new customer who has never purchased, directly or indirectly. 3.02 A Participant shall not receive a Referral Fee for a Product purchase made, directly or indirectly, by him/herself. In the event that more than one Participant claims the same Referral Fee for a sale, EZLister shall select the Participant which shall receive the compensation and the decision shall be final. 3.03 The Participant shall be responsible for all taxes and other similar levies applicable to the Referral Fee pursuant to any law or regulation. The Participant shall report the Referral Fee to its taxation authorities as required by law. 3.04 EZLister shall post and maintain, on a current basis, a designated password-protected Web page for each Participant showing the Participant's participation in the Program including an estimate of the Referral Fees earned and payable. EZLister shall, on or about the 25th of each month, mail the Referral Fees representing the amount payable for the unreturned sales completed in the previous month together with sales statistics of the referred transactions. Participants will receive the Referral Fee in US funds. For administrative convenience, if the Referral Fee is less than $25 in a month, it shall be mailed during a subsequent month. The Participant may receive Referral Fees where the amount in question is less than $25 by advising EZLister and assuming EZLister's cost of $5 for making the payment. ARTICLE 4. AFFILIATE SITES 4.01 An Affiliate will be given instructions for downloading links and other materials ("Links") that may be displayed in as many locations within the Affiliate's Site as desired. The Links are advertisements or other graphics or text incorporating specially coded hyperlinks that link to the EZLister Site and allow our referral tracking system to identify the Affiliate Site as the referral source for a visitor to the EZLister Site. Links may be educational or descriptive material, advertisements, logos, or other materials promoting and/or describing the Product or the EZLister Site, and will generally contain one or more Links. Links must be displayed on the Affiliate Site exactly as provided (e.g., size, proportions, orientation, colors, type, text). In general, Links will be coded to cause the EZLister Site to open in a separate browser window, with the original browser window containing the Affiliate Site remaining active. You agree not to modify a Link in any manner without our express written consent. We may change the form of the Links from time to time, and you agree to use only the most current Links, as we may provide to you from time to time. If we provide you with updated versions of the Links, you agree to replace the superseded as soon as reasonably possible (not to exceed 30 days from the time we provide a new Link to you). 4.02 The Affiliate shall be solely responsible for all materials that appear on its site. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising the Product. Without restricting the generality of the foregoing, the Affiliate shall not send unsolicited e-mail and shall not send e-mail or any other communication to a recipient if the recipient has requested that it discontinue such communication, nor shall it send or display on its Web site any material that may be considered to be harassing, libelous, defamatory, legally obscene or pornographic, threatening, abusive or hateful. 4.03 EZLister grants the Affiliate a non-exclusive, revocable right to use the logos, trade names, trademarks and all other intellectual property and such other images of EZLister for the purposes of identifying the Affiliate as a participant of the Program and of generating sales of the Product. 4.04 EZLister shall have the right to monitor the Affiliate's Web site at any time and from time to time to determine if it is in compliance with the terms and conditions on this Agreement. 4.05 The Affiliate agrees not to use any predatory advertising methods designed to generate traffic from sites that they have not contracted with in the online promotion of the Product, services or the Program. Predatory advertising is defined as any method that creates or overlays links or banners on web sites, spawns browser windows, or any method invented to generate traffic from a web site without that web site owner's, knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing browser plugins, banner replacement technology, and browser spawning technology that is not web site dependent. Participation in predatory advertising programs will be cause for the affiliate's immediate termination. ARTICLE 5. ORDER PROCESSING 5.01 EZLister shall establish the procedures of selling the Product including, without limitation, the placement of orders, pricing, payment terms, processing, delivery, returns etc. Without restricting the generality of the foregoing, EZLister shall have the right to cancel, suspend or delay any order for the Product, including the right to discontinue selling the Product at any time. ARTICLE 6. LICENSES AND GOODWILL PRESERVATION 6.01 The Participant shall acknowledge and clearly identify and respect that he/she has no right to any of the proprietary information, trademarks, copyrights and all other similar rights in and arising out of the Program. In the event the Participant learns of any claim or allegation that the Program infringes upon or violates any intellectual property or proprietary rights of a third party, or contains any unlawful, libelous, or untrue statement, it shall immediately notify EZLister so as to enable EZLister to defend, settle or otherwise resolve the claim or allegation in a manner that EZLister deems appropriate in its sole discretion. 6.02 Customers who purchase the Product through the Program shall be deemed to be customers of EZLister, and the Participant shall refer all Product-related questions, requests or queries to EZLister. EZLister shall have the right to utilize the Participant's name and logo to advertise, market, promote and publicize in any manner the Product. 6.03 The Participant shall not make or give to a customer or a potential customer any warranty, representation or other statement concerning the Product without first obtaining the written consent of EZLister. ARTICLE 7. RELATIONSHIP OF PARTIES 7.01 While the parties shall work hand-in-hand for the benefit of both, the parties acknowledge and agree that the Participant shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of EZLister. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Participant shall not sign any document in the name of or on behalf of EZLister nor shall it hold itself out as being an agent of EZLister or as having apparent authority to contract for or bind EZLister. ARTICLE 8. LIMITATION OF LIABILITY 8.01 In no event shall EZLister be liable for special, incidental, consequential or punitive damages, including, without limitation, any damages resulting from loss of profits, loss of business or loss of goodwill arising out of or in connection with this Agreement or the Product, whether or not such party has been advised of the possibility of such damages. EZLister shall not be liable for any damages if, for any reason whatsoever, it's Web site fails or is non-operational for any reason whatsoever. ARTICLE 9. TERMS OF THE AGREEMENT 9.01 In the event that the Participant breaches any of the undertakings or obligations set forth in this Agreement and does not remedy same within 7 days notice from EZLister, it shall automatically forfeit the Referral Fees then receivable or receivable at any time in the future. EZLister shall, in addition, have the right to terminate this Agreement and shall retain all other rights and remedies available to it at law or in equity. 9.02 Both parties shall have the right to terminate this Agreement at any time. In such case the Referral Fee owing, representing referred repeat sales shall be paid even after termination of this Agreement. ARTICLE 10. MODIFICATION AND APPLICATION OF AGREEMENT 10.01 EZLister may, in good faith, modify any of the terms and conditions contained in this Agreement (including but not limited to Referral Fees), at any time and in its sole discretion, by posting a change notice or a new agreement on its Web site. Any changes to the Referral Fee rate or terms shall only come into force 10 days following posting. If any modification to this Agreement is not acceptable to the Participant, its only recourse is to terminate this Agreement. The Participant's continued participation in the Program following the said posting of a change notice or new agreement shall constitute binding acceptance by the Participant of the change. 10.02 If any of the provisions of this Agreement are determined by a court to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect. 10.03 The Participant shall not assign, transfer or convey this Agreement or any part thereof to any other party without EZLister's consent which shall not be unreasonably refused. 10.04 This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, legatees, executors, legal representatives, successors and assigns. 10.05 This Agreement represents the entire agreement between the parties and supersedes all prior negotiations, agreements and understandings, if any. For greater certainty but without restricting the aforementioned, information contained in any of the following shall not form part of this Agreement, namely: descriptions of the Program (including the descriptions of Referral Fees payable to the Participants) on EZLister's Web site(s); e-mail communications from EZLister or from any of its employees, officers or directors; in the Product, or in marketing/informational documents. ARTICLE 11. INDEPENDENT INVESTIGATION 11.01 The Participant acknowledges that he or she has reviewed this Agreement and agrees to all its terms and conditions. The Participant understands that EZLister may at any time 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 the Participant's Web site. The Participant has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement. ARTICLE 12. MISCELLANEOUS PROVISIONS 12.01 Any reference in this Agreement to gender includes all genders and words importing the singular number only shall include the plural and vice versa. 12.02The insertion of headings and the division of this Agreement into Articles and Sections are for convenience reference only and are not to affect its interpretation. 12.03 Each of the parties hereto covenants and agrees that it shall execute and deliver such additional agreements and documents and do such acts and things as may be reasonably necessary fully and effectually to carry out the intent and purpose of this Agreement. 12.04 All notices, requests and other communications shall be deemed to have been received when posted by EZLister on its Web site. It shall also be deemed to have been received on the next business day if transmitted by telecopier, e-mail or any other form of electronic mail to the last known electronic address of the intended recipient. 12.05 This Agreement shall be governed by and construed in accordance with the laws of Ohio and the applicable laws of the United States and all disputes concerning this Agreement and the obligations assumed by the parties shall be resolved before such courts. 12.06 The Participant may, at their own expense, audit the sales records of EZLister to verify the accurate accounting of affiliate commissions, at such time and under such circumstances so as not to place any undue burden on EZLister. If a discrepancy of more than 15% is found in the amount of affiliate commissions that should have been paid versus the amount of affiliate commissions actually paid, EZLister shall reimburse Sales Partner for the cost of the audit. I accept:

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