You agree that in performing your responsibilities pursuant to this Agreement you are in the position of Independent Contractor. This Agreement is not intended to create, nor does it create and shall not be construed to create, a relationship of partner or joint venture between us and you.

We agree to furnish you access to our site(s) through links furnished by us. We will provide you with all advertising banners, text or other appropriate icons to be linked to our site(s). You may use your own banners, icons or methods of delivering consumers to our site(s) only upon prior written approval by us.

We will maintain our site(s) on our server(s). We retain the right to make changes to our site(s) as deemed necessary by us at our sole discretion and without any advance notice. We will provide accurate daily tracking of all traffic and or business generated for us by your assigned links to our site(s). We will provide you with monthly results of your traffic and or business generated.

You agree to follow any instructions or guidelines we provide for using links, and you agree to display our links prominently on your site. You agree to cooperate fully with us to ensure that each link is maintained and used according to our requirements. At least once a month, you agree to check links to us to ensure that each link to us you use on your site is up-to-date and in the proper format. You agree to promptly substitute a link with any new link we may provide from time to time. You will not alter, modify or expand a link to us in any way without our prior approval. At our sole discretion and without advance notice, we may monitor your site at any time as often as we wish to determine if you are using links to us properly and to determine if you are complying with the terms of this Agreement.

You agree that unsolicited email (spamming) and/or other generally unacceptable forms of marketing and/or any marketing techniques, methods or approaches that are done directly or indirectly promoting our products and or services and are not pre-approved by us are Not Permitted and is cause for immediate termination of this agreement and forfeiture of any and all monies earned but not yet paid. You agree that we are the sole authority to determine if any unapproved marketing you do for us directly or indirectly is "generally unacceptable" or is considered "spamming".

We reserve the right to not accept any sites that have, in our sole opinion, any controversial or unacceptable content such as, but not limited to, sites that promote, contain or link to: violence or hatred; criminal or illegal activities; sexually explicit material; discrimination based on race, color, sex, religion, nationality, disability, sexual orientation or age; libelous, defamatory, disparaging, obscene, offensive or other content that we deem inappropriate; material that infringes on trademark, copyright or patent rights of another party. You agree that such content is Not Permitted and is cause for immediate termination of this agreement and forfeiture of any and all monies earned but not yet paid.

Compensation which is earned and actually collected on accounts originating from transactions received through your links shall be paid monthly for the previous month's production. Refer to the Compensation Addendum for the current compensation schedules. We may at our sole option add, modify or terminate said Compensation Addendum based upon available programs. In the event that we must refund any funds paid to you for any reason, such amount will be deducted from the following month's compensation. If we later recover such refund, in whole or in part, the compensation so refunded shall be paid to you in proportion to the extent of the balance recovered. The provisions of this section shall survive any termination of this agreement.

We agree to hold harmless you and you agree to hold harmless us from any and all loss, damage, liability, claims or causes of action in any way resulting from any acts or omissions of either us or you in connection with or in any way related to this agreement. This mutual indemnity shall include, but not be limited to, any loss, damage, liability, claims, or causes of action under any state or federal consumer credit laws, including but not limited to the Federal Truth in Lending Act and Equal Credit Opportunity Act.

The term of this agreement is thirty (30) days from the date of its execution by both parties, and is automatically renewed monthly until terminated by you or us. The merchant, association(s), issuing bank(s), signed TrackMySales.com merchant we and/or you may terminate this agreement at any time for any reason and/or by mutual written agreement between both parties hereto. Upon termination of this agreement compensation paid to you shall cease. The indemnification and other terms that are necessary after the termination of this agreement shall survive any termination of this agreement.

This agreement shall be binding upon you and us and to any successors and/or assignees. We may change, modify, add or delete any term or condition of this Agreement (collectively a "Change"), at any time and at our sole discretion, by emailing to you or by posting on our site the Change, effective on the date we specify. Changes may relate to, for example, the scope or type of Commissions, the Commission payment schedule, payment procedures and Program rules. IF ANY CHANGE IS UNACCEPTABLE TO YOU, YOU MAY TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM AFTER WE GIVE WRITTEN NOTICE OF A CHANGE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. This agreement is the sole agreement between the parties, no prior agreements or understandings shall be effective for any reason. The waiver or failure of either party to exercise any right provided in this agreement shall not be deemed a waiver of any other rights. In the event that any portion of this agreement be declared void, unlawful or unenforceable, that portion shall be deemed stricken from this agreement and the remaining portions of this agreement shall continue in full force and effect. You shall comply with all United States Of America Federal, State, and Local laws.

You agree that your failure to follow any and all terms of this agreement allows us, at our sole discretion, to immediately terminate this agreement.

You agree that termination of this agreement will also terminate any further compensation payments earned or due to you by us EXCEPT IF YOU TERMINATE THE AGREEMENT DUE TO A CHANGE IN OUR TERMS OR CONDITIONS AS DETAILED IN THE PRIOR PARAGRAPH. This agreement shall be construed and enforced in accordance with, and governed by, the laws of The United States Of America and or the State Of Florida. All causes of action between the parties shall be brought in the appropriate court in Sarasota County, Florida. In the event of litigation, the prevailing party shall be entitled to recover reasonable attorney fees and costs.

DIRECT ALL CORRESPONDENCE REGARDING TrackMySales.com TO:

TrackMySales.com
PrimeQ Solutions, Inc.
32545 B Golden Lantern #274
Dana Point, CA 92629

Email: mail@trackmysales.com