This Agreement contains the terms and conditions upon which we offer you
participation in the Burger Motorsports, Inc, Affiliate Program
(the “Program”). The Program is being managed by Refersion, our affiliate
marketing platform, to facilitate relationships
with our affiliates and to
provide tracking, reporting,and management of commission payments. Acceptance
 of  this Agreement by participation in the Program creates a binding legal
agreement between Burger Motorsports, Inc  (“Burger Motorsports, Inc”) and you. As used in this Agreement, "we" or “us” means Burger Motorsports, Inc, "you" means the participant in the Program, and
"our Website” means www.burgertuning.com. This Agreement supplements the burgertuning.com
 Terms and Conditions, and Privacy Policy which are incorporated by this
 reference.


1.Enrollment In The Program

The purpose of the Program is to promote the sale of products offered on our
Website.
To begin the enrollment process, you must submit an application through the
Program Registration Page on our Website. When you provide information during
the registration process, you agree to provide only true, accurate, current and
 complete
information and to update it as necessary to maintain its truth and
 accuracy.
We will evaluate your application and notify you of your acceptance
 or
rejection. We may reject your application for any reason in our sole
 discretion.
We may reject applications related to websites that: (i) promote
 discrimination
based on race, sex, religion, nationality, disability, sexual
 orientation,
or age; (ii) promote violence,
 hate, illegal activities or display sexually explicit
materials; (iii) are
intended to harass or defame anyone; or (iv) otherwise
violate our intellectual
property rights or those of others. We have the right, in
our sole discretion,
to monitor your website at any time to determine if you



2. Program Links To Our Website

If you have been notified that you have been accepted into the Program we may,
at our option, enable you to provide on your Website one or more of the following 
types
of links to our Website: Affiliate Links, Coupon Codes or Email Triggers
(collectively,
“Program Links”). These links are to permit accurate tracking, reporting
and accrual of commissions and may be provided to you in the Program 
Registration
Page on our Website.

You must ensure that each link between your website and our Website is a Program
 Link.
You will earn commissions on sales that originate through Program Links.
In
order for you to be eligible for a commission on any purchase (including 
future
purchases by a repeat customer), the customer must log in to
 burgertuning.com through
your Program Link and complete the purchase before
logging out. We are not
responsible for any failure by you to use Program
Links. Because of the difficulty
verifying other purchases by customers you
refer to us, we will not pay
commissions unless you use Program Links. Finally,
please note that you may
only earn commissions by referring customers to burgertuning.com.



3.Use of Content

We may provide you with product images, graphics, logos and other content
(“Content”)
 through the Program Registration Page on our Website. We may make available to
 you a
small graphic image that identifies your website as a Program affiliate.
This
image may be displayed on your website. We may modify the image from time 
to
time. In addition, we encourage you
 to include a legend that identifies
you as an burgertuning.com
 affiliate on the homepage of your website that links to
the  home page of our Website.

Any content that we provide to you is the property of Burger Motorsports, Inc
or its content
suppliers and is protected by United States and international copyright laws.
 We
grant you a limited, nonexclusive, full paid, revocable right to use the 
Content
solely for purposes of your participation in the Program. You may not
 sub license
any Content to any other person or party. Content cannot be used in
any
form other than the form provided by us. 
We
reserve all of our rights in the Content. You may not: (a) alter, 
modify
or change any Content or create any derivative Content; (b) use Content
in any
form other than that provided by us; (c) remove any code or identifying 
information
from any Content; (d) inactivate a link associated with any Content
or
cause the Content to link to a destination other than our Website; or (e)
link
to or display any Content that describes a product after it has been 
discontinued
from the burgertuning.com 
product catalog.



4. Trademark License; Use of Trademarks

You understand and agree that Burger Motorsports, Inc  is the sole and exclusive owner of the
entire
is likely to be, confusingly similar to or
could cause deception or mistake with
respect to any of the Marks. You shall not attack the validity of any of the
Marks or of our title to any of the Marks
at any time, whether during or after
the term of this Agreement. You shall not
apply for (or aid or abet others to
apply for) registrations in the United
States or in any foreign country of
any mark or design which includes the Marks
(or any variations of them), alone or
in combination. The goodwill resulting
from your use of the Marks (as well
as any variations of the Marks) shall inure
to our benefit.

You shall not purchase or register domain names that include the Marks or any
variations
and misspellings of the Marks. Furthermore, you shall not purchase
or bid
on search engine keywords, AdWords, search terms, or other identifying 
terms
(whether for use in a search engine, portal, sponsored advertising
service
or other search or referral service) that include the Marks, any
components
of the Marks, or any variations and misspellings of the Marks. You
may
use the Marks solely for the purposes authorized by this Agreement. You may
not
alter graphics containing the Marks in any manner. For example, you may not
change
the proportion, color, or font of the Marks. You may not display the
Marks
in any manner that implies sponsorship, endorsement by us other than of your
involvement in the Program. You may not use the Marks to disparage our
company,
our products or services, or in a manner which, in our reasonable
judgment,
may diminish or otherwise damage our goodwill in the Marks. You
acknowledge
that all rights to the Marks are our exclusive property, and all
goodwill
generated through your use of the Marks will inure to our benefit.

You may not use or display any of our Marks or logos or trademarks in your
profile
on any social media site.  You
may not dilute or damage the value of
our trademarks, and/or products and
services. You may not misrepresent burgertuning.com
brands including our URL,
logos, trademarks and trade names, or misrepresent that
either you or your
 website are Burgertuning.com or operated by burgertuning.com.

If we determine that you have violated any of the foregoing restrictions, we
may
(without limiting any other rights or remedies available to us) withhold any
commission
otherwise payable to you under this Agreement and/or terminate this 
Agreement.
If we are required to enforce any of the foregoing restrictions, you
will
be obligated to reimburse us for any attorneys' fees and expenses we may 
incur.


5. Additional Program Restrictions

Be courteous and polite when you are promoting burgertuning.com. Any
affiliate using
illegal or unethical marketing methods or spam will be immediately terminated
from
the Program. You agree to the following restrictions:

(a) You must follow common search engine guidelines, such as: (1) your display
URL
 must match the ultimate actual destination URL; (2) you may not frame our
website
as a landing page; and (3) you may not create "redirects" or
" jump
pages" that immediately direct to our website.

(b) You may not engage in any conduct that violates the CAN-SPAM Act of 2003,
as
amended, or any privacy or data protection law of any jurisdiction.

(c) You may not enable any sales that are not in good faith, such as using any
device,
public coupon site, program, robot, Iframe, hidden frame or redirect.

(d) You may not use any device or technology that will replace, intercept,
interfere,
hinder, disrupt or otherwise alter in any manner a Web user's
access,
view or usage of, our Website or of any affiliate of ours in a manner
that
causes or otherwise results in a different experience from what was
otherwise
intended by our affiliate.

(e) You may not use any device or technology that will block, alter, direct,
redirect,
substitute, insert, or otherwise intercept or interfere in any manner
with
any click through or other traffic-based transaction that originated from
the
website of any affiliate of ours with the result of reducing any
compensation
or other payment earned by or owing to such affiliate. 

(f) You may not issue or post any press release or other broad-based
communication
regarding your participation in the Program unless you receive our prior
written
consent. You may promote your website via mailings to recipients who
are
customers or subscribers to your website's services, provided that the
recipients
have the option to remove themselves from future mailings and that
you
otherwise comply with all applicable laws of your jurisdiction. Further,
you
may promote your website via newsgroup postings to newsgroups that welcome
commercial
messages.  

(g) You may promote your affiliate store
on social media platforms provided
that you use the correct and appropriate
name and brand likeness. This
includes the following:

(1) Correct spelling and capitalization of our brand's name - Burger
Motorsports, Inc; JB4;

(2) When tagging us in social media posts, you must utilize our correct handle
which
is: @burger_tuning; and

(3) You are not required to include our hashtags but if you do, ensure that you
use
the
correct form: @burger_tuning

(h) We do not permit any promoters of coupons or other discounts to join the
 Program.
No commissions shall be payable to any such parties. The Program is
void
where prohibited.

(i) You will not promote any products or services to children under the age of

thirteen (13).

We reserve the right to modify these rules at any time. If we determine, in our
sole
discretion, that you have violated any of the foregoing restrictions, we
may
withhold any commission otherwise payable to you under this Agreement
and/or
terminate this Agreement. If we are required to enforce any of the
foregoing
restrictions, you will be obligated to reimburse us for any
attorneys'
fees or expenses that we may incur.


6. Order Processing

We will process product orders placed by customers who follow a Program Link
from
your website to our Website. We reserve the right to reject orders that do not
comply
with any requirements that we may establish. 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. Through Refersion, our affiliate marketing platform, we will
track
sales made to customers who purchase products using Program Links and
will
make available to you reports summarizing this sales activity. You will
not
receive any of our individual customer information.


7. Payments

You will be eligible to earn affiliate payments on certain product sales in
accordance
with Section 8 below. For a product sale to be eligible for
payments,
the customer must follow a Program Link from your website to our
Website,
select and purchase the product using our service provider’s shopping
platform,
accept delivery of the product at the shipping destination, and remit
full
payment to us. No affiliate payments will be paid if the visitor to the
affiliate’s website cannot be tracked by our system.


8. Earning Affiliate Payments

We may pay affiliates based on a percentage of sales, a flat rate, or a tiered
commission
structure. The payment method and percentage is subject to change
from
time to time, in our sole discretion. Certain affiliates may receive
offers
to be paid under different commission structures as we may determine
from
time to time. If a product that generated commissions is returned by the
customer,
we will deduct the corresponding commission from your next commission
payment.
All commission related data under the Program is collected, calculated
and
managed by Refersion, our affiliate marketing platform, and its data will
be the
only valid basis used for determining commissions.


9. Length of Cookie Purchase Period

Our Program uses a ten (10) day cookie purchase period. This means that if a
visitor
to your website clicks through a Program Link to our Website, you will 
be
eligible for commissions related to purchases made by your visitor within ten
(10) days of its click on the Program Link on your website. We will pay
 commissions
to only one affiliate for purchases associated with a given cookie.
To the
extent multiple affiliates request payments, Refersion shall determine
 which
affiliate to pay. Its decision shall be final and binding. We may change 
the
length of our cookie period from time to time.

10. Commission Payments

No commissions will be paid to you until you have accrued affiliate payments of
at least 
$25.00. Any money held in your account will not collect interest. Subject to
 the
foregoing, we will pay commissions on a quarterly basis. Sixty (60) days
 following
the end of each quarter, we will pay commissions to you through
 PayPal
or we may give you a gift card at your option. You authorize us to share 
with
PayPal such information and other transaction information necessary for our 
use of
the payment processing services provided by PayPal.

If a product that generated commissions is returned by the customer, we will
 deduct
the corresponding commission from your next commission payment. If there
 is no
subsequent affiliate payment to you, we will send you a bill for the
 commission.    
  
Affiliate accounts that are “abandoned” will be removed from the Program if
their balance
is less than $25. An abandoned account is any account that has not been logged
 into
for a period of one (1) year without any transactions having
been posted to that account.


11. Customer Policies And Pricing

Customers who buy products through the Program are customers of
burgertuning.com. 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. We will use commercially reasonable efforts to present
 accurate
information, but we cannot guarantee the availability or price of any
 particular
product.


12.Special Rules for Endorsements

All endorsements made by you in connection with any promotions of any product
will
 be accurate and contain all disclosures and disclaimers necessary to prevent
 such
endorsements from being false or deceptive. Such disclosures and 
disclaimers
must be made in a clear and conspicuous manner, and comply with all 
U.S.
federal and state laws, including U.S. Federal Trade Commission
 ("FTC")
regulations, policies and guidelines governing advertising, 
disclosure
and consumer protection, including the FTC's Endorsement Guidelines.
 The
Guidelines may be found here:

https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guides-govern....



13. Responsibility For Your Website

You will be solely responsible for the development, operation, and maintenance
of
 your website and for all materials or content that appear on your website. You 
are
responsible for ensuring that materials posted on your website do not
 infringe
the intellectual property rights of any person or entity. You must
 have
express permission to use another party's intellectual property. We will 
not be
responsible if you use another party's intellectual property in
violation
of their rights. 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
 website.


14. Data Protection

If you receive any personal identifying information from our customers
(“PII")
or process such PII under the Program, you warrant, represent and covenant to
us
that you will comply with all applicable privacy and data protection laws 
rules
and regulations. You agree to implement appropriate systems and processes 
to
comply with this requirement. As such you shall establish and maintain 
physical,
electronic and procedural safeguards to prevent the unauthorized
access,
use, copying, disclosure, modification, transference, destruction, loss,
or
alteration of any PII during your use, transmission or storage of any such 
PII
under the Program.

If you receive any PII from our customers, you will: (1) indemnify us for any 
claim,
expense, demand or cost related to your receipt or use of such information
 or
violation of any privacy law or regulation; (2) upon request, provide us
 with
information sufficient to demonstrate your compliance with this section,
and
allow us to audit your data practices if necessary in our sole discretion; and
(3) manage such
PII as we may direct.


15. Term

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,
you will immediately cease use of, and remove from your website, all 
Program
Links, the Content, all of our Marks, and all other materials provided 
by us
in connection with the Program. You are only eligible to earn commissions
 during
the term of this Agreement, and commissions earned through the date of
termination
will remain payable subject to Section 8 above. We may withhold
 your
final payment for a reasonable time to ensure that the correct amount is
 paid.


16. Modification

We may modify any provision of this Agreement at any time by posting a change
 notice
or a new agreement on our Website. We may also announce changes to the 
terms
of this Agreement by email. 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 our
 Website
will constitute your acceptance of the change.


17. Limitation Of Liability; Indemnification

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 commission fees paid or payable to you under
 this
Agreement within the last six (6) months. Unless you notify us of a
 discrepancy
in your commission payments within six (6) months from the date of
 the
applicable payment, such payment shall be deemed accepted and no protest
 shall
be allowed. 

You hereby agree to indemnify and hold harmless Burger Motorsports, Inc and its
subsidiaries and
affiliates,and their directors, officers, employees, agents, and shareholders 
against
any and all claims, actions, demands, liabilities, losses, damages, 
judgments,
settlements, costs, and expenses (including reasonable attorneys' 
fees)
(collectively, the "Losses") insofar as such Losses arise out
 of or
are based on (a) any claim that your use of any trademark or other 
intellectual
property infringes on any other trademark or intellectual property
 belonging
to any third party, (b) any breach of a representation, warranty, covenant or
agreement made by you in this Agreement, or (c) any
claim related to your
website, including, without limitation, any content that
resides on your website
but that was not provided by us.


18. Miscellaneous

You hereby represent and warrant to us that (i) this Agreement is a legal,
valid,
and binding obligation, enforceable against you in accordance with its terms;
 and
(ii) any information you provide to us in connection with your
participation
in the Program will be true and correct. This Agreement will be
governed
by the laws of the State of California, without reference to rules
 governing
choice of laws. Any action relating to this Agreement must be brought 
in the
federal or state courts located in Santa Clara County, California, and
 you
irrevocably consent to the jurisdiction of such courts. We may assign our 
rights
and duties under this Agreement in our sole discretion. You may not
 assign
your rights or duties under this Agreement. This Agreement shall be binding 
upon
and shall inure to the benefit of the parties and their respective heirs,
legal
representatives, beneficiaries, successors, and permitted assigns. 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.


19. Arbitration

Any dispute, claim or controversy arising out of or relating to this Agreement
or
 the breach, termination, enforcement, interpretation or validity thereof,
including
the determination of the scope or applicability of this agreement to
arbitrate,
shall be determined by arbitration in Santa Clara County, California
before
three arbitrators. The arbitration shall be
administered by JAMS pursuant to its
Comprehensive Arbitration Rules and
Procedures. Judgment on the award may
be entered in any court having
jurisdiction. This clause shall not preclude parties from
seeking provisional
remedies in aid of arbitration from a court of appropriate
jurisdiction. This
arbitration agreement and the rights of the parties
hereunder shall be governed
by and construed in accordance with the laws of the State
of California, 
exclusive of conflict or choice of law rules. The parties acknowledge that this 
Agreement
evidences a transaction involving interstate commerce.
Notwithstanding the
provision in the preceding paragraph with respect to
applicable substantive
law, any arbitration conducted pursuant to the terms of
this Agreement shall be
governed by the Federal Arbitration Act (9 U.S.C.,
Secs. 1-16). In any
arbitration arising out of or related to this Agreement,
the arbitrators may not
award any incidental, indirect or consequential
damages, including damages for lost
profits.