Terms of Use

This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Forex Resources, Inc Affiliate Program (the "Program"). As used in this Agreement, "we", "us", or "our" means Forex Resources, Inc also referred to as FOREX BREAK OUT OR FXBO or any of our affiliate companies, as the case may be, and "you" means the applicant. "Forex Resources, Inc Site" means the site that has its primary home page identified by the URL www.est-immobilier.com, and "site" means a World Wide Web site. "Your site" means any site (or electronic communication, including email) that you will link to the Forex Resources, Inc Site (and which you will identify in your Program application).

1. Enrollment in the Program

To begin the enrollment process, you will submit a complete Program application via the Forex Resources, Inc Site. We will evaluate your application in good faith and will notify you of its acceptance or rejection. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program. Unsuitable sites include those that:

• promote sexually explicit materials

• promote violence

• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age

• promote illegal activities

• violate rules and regulations that are enforced by the NFA, CFTC and any other regulatory agencies or governmental authority

• otherwise violate intellectual property rights

By participating in the Program you agree that you will not engage in any such activities. If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (in our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

2. Links on Your Site

We will process Product orders placed by customers who follow Special Links from your site to the Forex Resources, Inc Site. We reserve the right to reject orders that do not comply with any requirements that we may establish periodically. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Special Links from your site to the Forex Resources, Inc Site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time in our discretion.

4. Referral Fees

We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site to the Forex Resources, Inc Site, and subscribe during a session. The session ends upon one of the following events: (a) the customer's browser window is closed or a cookie is deleted, (b) the customer subscribes to the service (c) the customer follows a third party's Special Link. We will only pay referral fees on eligible Products after order, payment and shipping have occurred.

We will not, however, pay referral fees on any Products that are added to a customer's Shopping Cart or are purchased after the customer has reentered the Forex Resources, Inc Site (other than through a Special Link from your site), as determined by us, even if the customer previously followed a link from your site to the Forex Resources, Inc Site.

You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement. Products that are eligible to earn referral fees under the rules set forth above are referred to as "Qualifying Products."

In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access the Forex Resources, Inc Site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access the Forex Resources, Inc Site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of the Forex Resources, Inc Site; (d) make any orders or subscription requests, or engage in other transactions of any kind on the Forex Resources, Inc Site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (f) other than providing Special Links on your site in accordance with this Agreement, post or serve any advertisements or promotional content promoting the Forex Resources, Inc Site or otherwise around or in conjunction with the display of the Forex Resources, Inc Site (e.g., through any "framing" technique or technology or pop-up or pop-under windows), or assist, authorize, or encourage any third party to take any such action; (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees (e.g. by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on the Forex Resources, Inc Site (as determined by us) for the purpose of exceeding any referral fee threshold or by causing any page of the Forex Resources, Inc Site to open in a customer's browser other than as a result of the customer clicking on a Special Link on your site); (h) attempt to intercept or re-direct (including, without limitation, via user-installed software) traffic from or on, or divert referral fees from, any web site that participates in the Program; or (i) seek to purchase or register any keywords, search terms or other identifiers that include the words "Forex Resources, Inc" or variations thereof (for example "distributoresources", "dist resources", etc.) for use in any search engine, portal, sponsored advertising service or other search or referral service. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.

5. Referral Fee Schedule

For Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of this Agreement) referral fees in accordance with the "Classic Fee Structure" described below. You will earn (subject to the other terms of this Agreement) referral fees for the entire quarter in accordance with the Classic Fee Structure.

Classic Fee Structure.
For Qualifying Products sold during sessions initiated through Special Links on your site, you will earn (subject to the other terms of the Agreement):

(a) $20 of Qualifying Revenues (defined below) per subscription to Forex Break Out (defined below)

"Qualifying Revenues" are revenues derived by us from our sales of Qualifying Product units one-time at the point of sale, excluding costs for shipping, handling, gift-wrapping, taxes, service charges, credit card processing fees, returns and bad debt. An "Forex Resources, Inc Qualifying Product" is a Qualifying Product that is sold and fulfilled by us or on our behalf. A "Web Service Product" is a Qualifying Product that is offered for sale in the "Retail Websites" or "Email Marketing" sections of the Forex Resources, Inc Site and does not include any product offered for sale in any section of the Forex Resources, Inc Site other than the "Retail Websites" and "Email Marketing" sections (notwithstanding that a user may navigate to such product from these sections) unless such product is also offered for sale in the "Retail Websites" or "Email Marketing" sections. A "Third Party Qualifying Product" is a Qualifying Product that is sold and fulfilled by a third party. The term "section" as used above in the Web Service Product definition means a group of pages on the Forex Resources, Inc Site that primarily contains content related to a discrete category of products available on the Forex Resources, Inc Site and that is accessible through a top-level product category identifier (or link) located on the home page of the Forex Resources, Inc Site that identifies such discrete category of products. The classification of any Qualifying Products (e.g., as an Web Service Qualifying Product) will be determined by us in our sole discretion.

6. Referral Fee Payment

We will pay you referral fees on a monthly basis. Approximately 30 days following the end of each calendar month, we will either (a) send you a check for the referral fees earned or (b) directly deposit the referral fees earned into your PayPal account (if you want us to use this method of payment, please note that you will have to provide us with the email address associated with your PayPal account). Please note that if your billing address is a US address and you select payment via check, we will deduct a processing fee in the amount of $1.00 from the referral fees payable to you for each check we send (this charge does not apply to those with non-US billing addresses because PayPal is not available to them). No processing fee will be deducted if you select payment via PayPal. You are obligated by U.S. federal law to report tax information from Program participation if you are a U.S. citizen, U.S. resident or U.S. corporation and if you are not a U.S. citizen or resident but whose businesses is taxable in the U.S.

7. Policies and Pricing

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. In addition, if you choose to display prices for any Product on your site in any "comparison" format (including through the use of any price-comparison tool or engine) together with prices for the same or similar products offered through any web site or other outlet other than the Forex Resources, Inc Site, you must display the lowest "new" price at which the Product is available on the Forex Resources, Inc Site. You may not otherwise include price information in your Product descriptions. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

8. Identifying Yourself as an Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. We will make available to you a small graphic image that identifies your site as a Program participant. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

9. Limited License

We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating Product sales or Card sales (if applicable). You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.

10. Responsibility for Your Site

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

• the technical operation of your site and all related equipment

• creating and posting Product descriptions on your site and linking those descriptions to the Forex Resources, Inc Site catalog

• the accuracy and appropriateness of materials posted on your site (including, among other things, all Product-related materials)

• ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)

• ensuring that materials posted on your site are not libelous or otherwise illegal

• ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors' browsers.

• not making any claims or guarantee's

• not violating any rules and regulations that are enforced by the NFA, CFTC and any other regulatory agencies or governmental authority

We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.

11. Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of the NFA, CFTC and any other regulatory agencies or governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

12. Term of the Agreement

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Forex Resources, Inc Site, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on sales of Qualifying Products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

13. Modification

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Forex Resources, Inc Site. Modifications may include, for example, changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE Forex Resources, Inc SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

14. Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

15. Limitation of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

16. Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the Forex Resources, Inc Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

17. Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) 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 YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

18. Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Minneapolis, Minnesota, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the state of Minnesota (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

19. Miscellaneous

This Agreement will be governed by the laws of the United States and the state of Nevada, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.