Rogue Investor
Online Affiliate Partner Program Agreement

This Rogue Investor Online Affiliate Program Agreement (“Affiliate Agreement”) contains the terms and conditions that apply to an individual or entity’s participation in the Rogue Investor Online Affiliate Partner Program (“Affiliate Program”) operated by Mind Like Water, Inc. (“MLW”) and/or its affiliate company Rogue Investor, LLC (“Rogue Investor”). As used in this Affiliate Agreement, "we" means MLW and/or Rogue Investor, as appropriate, and "you" means the participant. Nothing in this Affiliate Agreement shall create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties.

Enrollment in Program

Enrollment in the Affiliate Program requires that you accept the terms and conditions of this Online Affiliate Partner Program Agreement by clicking on the “Submit” button, and that we determine your website is suitable for participation in this Affiliate Program. The Affiliate Program is designed for participants aged 18 and above who can form legally binding contracts under applicable law. By accepting this Affiliate Agreement and participating in the Affiliate Program, you acknowledge that you meet these criteria. We reserve the right to accept or reject any individual or entity requesting to participate in our Affiliate Program.

Linking

Upon approval of your application, we will provide you with the procedures and links to use in linking to our website. To ensure accurate tracking, reporting and commission accrual, we will provide you with a unique affiliate identification number to be used in all links between your website and our website. You must make sure these links are properly utilized. We will not be held liable for any failure by you to accurately use the links.

You will also receive a username and password with which you will have the ability to enter a password-protected website to receive your sales statistics.

Use of Materials

We grant you permission to use the graphic images found on the Rogue Investor website (www.rogueinvestor.com) solely for the purpose of identifying your site as an Affiliate Program participant and to assist in generating sales. Concepts used in the text found on the Rogue Investor website may be used; however, sections of text longer than a three-line paragraph may not be used. You are expected to create your own text using the concepts we have created as an aid. Copying and/or plagarizing text directly from this site is strictly prohibited. We reserve all rights to any graphic image and text, or any other images, our trade name and trademark.

Commissions

We will pay, in U.S. dollars, commissions on orders that are placed on a click through from your website. Commissions will only be paid after an order is fully processed and paid. The percent earned on products/services is as shown on the following web page: http://www.mind-like-water.com/partner_program.html. Any customer returned products or chargebacks will be deducted from the next check. Checks will be sent out monthly for earnings of at least $25.

Order Processing, Policies and Pricing

We will be responsible for all aspects of order processing and fulfillment, including shipping and returns. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through this Affiliate Program will be deemed to be customers of MLW and/or Rogue Investor. All rules, policies, customer service and product sales will apply to those customers. We may change our policies and procedures at any time and prices and availability may vary. Affiliates must sell our products for the same price as we sell them for (see http://www.mind-like-water.com/partner_program.html).

Spam and Email Campaigns

The use of mass emailing to promote our products is strictly prohibited, unless your email list is approved by MLW and/or Rogue Investor, as appropriate. In addition, the affiliate must comply with applicable federal (CAN-SPAM Act) and state spam laws.

Pay Per Click Advertising

Pay per click advertising campaigns must be approved by MLW and/or Rogue Investor, as appropriate, in advance.

Terms of the Agreement

We may at any time modify any of the terms and conditions of this Affiliate Agreement by emailing you a change notice or new agreement. If any modification is unacceptable to you, your only recourse is to terminate this Affiliate Agreement. Your continued participation in the Affiliate Program following such modification will constitute acceptance of the change.

Either party may terminate this Affiliate Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Affiliate Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of MLW and/or Rogue Investor’s trademarks, logos, and all other materials provided by or on behalf of us to you in connection with this Affiliate Program. All commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid.

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 Affiliate Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Furthermore, our aggregate liability arising with respect to this Affiliate Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Affiliate Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Affiliate Program or any products/services sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, noninfringement, 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 our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.

Miscellaneous

This Affiliate Agreement will be governed by the laws of the United States and the State of Kansas. You may not assign this Affiliate Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Affiliate 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 Affiliate Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Affiliate Agreement.