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    AFFILIATE AGREEMENT

    PLEASE READ THE ENTIRE AGREEMENT.

    YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.

    THIS IS A LEGAL AGREEMENT BETWEEN YOU AND K & P Enterprises, LLC. (DBA WWW.52HIKECHALLENGE.COM)

    BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND
    UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE
    LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.

    1. Overview

    This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in 52HikeChallenge.com's Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the 52HikeChallenge.com web site. Please note that throughout this Agreement, "we," "us," and "our" refer to 52HikeChallenge.com, and "you," "your," and "yours" refer to the affiliate. 

    2. Affiliate Obligations

    2.1. To begin the enrollment process, you will complete and submit the online
    application at the refersion.com. An approved applications does not imply that
    we may not re-evaluate your application at a later time. We may reject your
    application at our sole discretion. We may cancel your application if we
    determine that your site is unsuitable for our Program, including if it:

    2.1.1. Promotes sexually explicit materials 

    2.1.2. Promotes violence 

    2.1.3. Promotes discrimination based on race, sex, religion, nationality,
    disability, sexual orientation, or age

    2.1.4. Promotes illegal activities 

    2.1.5. Incorporates any materials which infringe or assist others to infringe
    on any copyright, trademark or other intellectual property rights or to violate
    the law 

    2.1.6. Includes "52 Hike Challenge" or variations or misspellings
    thereof in its domain name (i.e. you are not allowed to use 52HikeChallenge.com
    or variations in your domain) 

    2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory,
    obscene, harassing, or racially, ethnically or otherwise objectionable to us in
    our sole discretion. 

    2.1.8. Contains software downloads that potentially enable diversions of commission
    from other affiliates in our program. 

    2.1.9. You may not create or design your website or any other website that you
    operate, explicitly or implied in a manner which resembles our website nor
    design your website in a manner which leads customers to believe you are 52HikeChallenge.com
    or any other affiliated business.

    2.1.10. You may not take out ads or bid on keywords that resemble 52 Hike Challenge or on behalf of 52 Hike Challenge. Example of keywords which are forbidden include: "52 Hikes," "52 Hike Challenge,"  "52 Challenge," "52 week hike challenge," etc. THis applies for all search engines, such as Yahoo, Google, Bing, etc.  

    2.2. As a member of 52HikeChallenge.com's Affiliate Program, you will have access to
    Refersion.com. Here you will be able to review our Program’s details download
    HTML code (that provides your referral link to the 52HikeChallenge.com web
    site) and banner creatives, browse and get tracking codes for our coupons and
    deals. In order for us to accurately keep track of all guest visits from your
    site to ours, you must use the HTML code that we provide for each banner, text
    link, or other affiliate link we provide you with.

    2.3. 52HikeChallenge.com reserves the right, at any time, to review your placement
    and approve the use of Your Links and require that you change the placement or
    use to comply with the guidelines provided to you.

    2.4. The maintenance and the updating of your site will be your responsibility. We
    may monitor your site as we feel necessary to make sure that it is up-to-date
    and to notify you of any changes that we feel should enhance your performance.

    2.5. It is entirely your responsibility to follow all applicable intellectual
    property and other laws that pertain to your site. You must have express
    permission to use any person's copyrighted material, whether it be a writing, an
    image, or any other copyrightable work. We will not be responsible (and you
    will be solely responsible) if you use another person's copyrighted material or
    other intellectual property in violation of the law or any third party rights.

    3. 52HikeChallenge.com Rights and Obligations

    3.1. We have the right to monitor your site at any time to determine if you are
    following the terms and conditions of this Agreement. We may notify you of any
    changes to your site that we feel should be made, or to make sure that your
    links to our web site are appropriate and to notify further you of any changes
    that we feel should be made. If you do not make the changes to your site that
    we feel are necessary, we reserve the right to terminate your participation in
    the 52HikeChallenge.com Affiliate Program.

    3.2. 52hikechallenge.com reserves the right to terminate this Agreement and your
    participation in the 52hikechallenge.com Affiliate Program immediately and
    without notice to you should you commit fraud in your use of the 52hikechallenge.com
    Affiliate Program or should you abuse this program in any way. If such fraud or
    abuse is detected, 52hikechallenge.com shall not be liable to you for any
    commissions for such fraudulent sales.

    3.3. This Agreement will begin upon our acceptance of your Affiliate application,
    and will continue unless terminated hereunder.

    4. Termination

    Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving
    the other party written notice. Written notice can be in the form of mail,
    email or fax. In addition, this Agreement will terminate immediately upon any
    breach of this Agreement by you.

    5. Modification

    We may modify any of the terms and conditions in this Agreement at any time at our
    sole discretion. In such event, you will be notified by email. Modifications
    may include, but are not limited to, changes in the payment procedures and 52HikeChallenge.com’s
    Affiliate Program rules. If any modification is unacceptable to you, your only
    option is to end this Agreement. Your continued participation in 52HikeChallenge.com’s
    Affiliate Program following the posting of the change notice or new Agreement
    on our site will indicate your agreement to the changes.

    6. Payment

    52hikechallenge.com uses a third party to handle all of the tracking and payment. The third party
    is the Refersion. Kindly review the network’s payment terms and conditions.

    7. Access to Affiliate Account Interface (Refersion)

    You will create a password so that you may enter Refersion’s secure affiliate
    account interface. From their site you will be able to receive your reports
    that will describe our calculation of the commissions due to you.

    8. Promotion Restrictions

    8.1. You are free to promote your own web sites, but naturally any promotion that
    mentions 52hikechallenge.com could be perceived by the public or the press as a
    joint effort. You should know that certain forms of advertising are always
    prohibited by 52HikeChallenge.com. For example, advertising commonly referred
    to as "spamming" is unacceptable to us and could cause damage to our
    name. Other generally prohibited forms of advertising include the use of
    unsolicited commercial email (UCE), postings to non-commercial newsgroups and
    cross-posting to multiple newsgroups at once. In addition, you may not
    advertise in any way that effectively conceals or misrepresents your identity,
    your domain name, or your return email address. You may use mailings to
    customers to promote 52HikeChallenge.com so long as the recipient is already a
    customer or subscriber of your services or web site, and recipients have the
    option to remove themselves from future mailings. Also, you may post to
    newsgroups to promote 52hikechallenge.com so long as the news group
    specifically welcomes commercial messages. At all times, you must clearly
    represent yourself and your web sites as independent from 52HikeChallenge.com.
    If it comes to our attention that you are spamming, we will consider that cause
    for immediate termination of this Agreement and your participation in the 52hikechallenge.com
    Affiliate Program. Any pending balances owed to you will not be paid if your
    account is terminated due to such unacceptable advertising or solicitation.

    8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click
    campaigns on keywords such as 52HikeChallenge.com, 52 Hike Challenge, www.52hikechallenge,
    www.52HikeChallenge.com, and/or any misspellings or similar alterations of
    these – be it separately or in combination with other keywords – and do not
    direct the traffic from such campaigns to their own website prior to
    re-directing it to ours, will be considered trademark violators, and will be
    banned from Merchant’s Affiliate Program. We will do everything possible to
    contact the affiliate prior to the ban. However, we reserve the right to expel
    any trademark violator from our affiliate program without prior notice, and on
    the first occurrence of such PPC bidding behavior.

    8.3. Affiliates are not prohibited from keying in prospect’s information into the
    lead form as long as the prospects’ information is real and true, and these are
    valid leads (i.e. sincerely interested in 52 Hike Challenge’s service).

    8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,”
    “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar
    Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or
    pop-unders” to consumers from the time the consumer clicks on a qualifying link
    until such time as the consumer has fully exited Merchant’s site (i.e., no page
    from our site or any 52HikeChallenge.com’s content or branding is visible on
    the end-user’s screen). As used herein a. “Parasiteware™” and “Parasitic
    Marketing” shall mean an application that (a) through accidental or direct
    intent causes the overwriting of affiliate and non affiliate commission
    tracking cookies through any other means than a customer initiated click on a
    qualifying link on a web page or email; (b) intercepts searches to redirect
    traffic through an installed software, thereby causing, pop ups, commission
    tracking cookies to be put in place or other commission tracking cookies to be
    overwritten where a user would under normal circumstances have arrived at the
    same destination through the results given by the search (search engines being,
    but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar
    search or directory engines); (c) set commission tracking cookies through
    loading of Merchant site in IFrames, hidden links and automatic pop ups that
    open 52HikeChallenge.com’s site; (d) targets text on web sites, other than
    those web sites 100% owned by the application owner, for the purpose of
    contextual marketing; (e) removes, replaces or blocks the visibility of
    Affiliate banners with any other banners, other than those that are on web
    sites 100% owned by the owner of the application.

    9. Grant of Licenses

    9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i)
    access our site through HTML links solely in accordance with the terms of this
    Agreement and (ii) solely in connection with such links, to use our logos,
    trade names, trademarks, and similar identifying material (collectively, the
    "Licensed Materials") that we provide to you or authorize for such
    purpose. You are only entitled to use the Licensed Materials to the extent that
    you are a member in good standing of 52HikeChallenge.com’s Affiliate Program.
    You agree that all uses of the Licensed Materials will be on behalf of 52hikechallenge.com
    and the good will associated therewith will inure to the sole benefit of 52HikeChallenge.com.

    9.2. Each party agrees not to use the other's proprietary materials in any manner
    that is disparaging, misleading, obscene or that otherwise portrays the party
    in a negative light. Each party reserves all of its respective rights in the
    proprietary materials covered by this license. Other than the license granted
    in this Agreement, each party retains all right, title, and interest to its
    respective rights and no right, title, or interest is transferred to the other.

    10. Disclaimer

    52HIKECHALLENGE.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING 52HIKECHALLENGE.COM
    SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED
    WARRANTIES OF 52HIKECHALLENGE.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE,
    AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE
    MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR
    ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
    OR ERRORS.

    11. Representations and Warranties

    You represent and warrant that:

    11.1. This Agreement has been duly and validly executed and delivered by you and
    constitutes your legal, valid, and binding obligation, enforceable against you
    in accordance with its terms;

    11.2. You have the full right, power, and authority to enter into and be bound by the
    terms and conditions of this Agreement and to perform your obligations under
    this Agreement, without the approval or consent of any other party;

    11.3. You have sufficient right, title, and interest in and to the rights granted to
    us in this Agreement.

    12. Limitations of Liability

    WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT
    UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR
    EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
    EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL
    OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE
    POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY
    CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL 52HIKECHALLENGE.COM'S CUMULATIVE
    LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN
    CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE
    THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.

    13. Indemnification

    You hereby agree to indemnify and hold harmless 52HikeChallenge.com, and its
    subsidiaries and affiliates, and their directors, officers, employees, agents,
    shareholders, partners, members, and other owners, against any and all claims,
    actions, demands, liabilities, losses, damages, judgments, settlements, costs,
    and expenses (including reasonable attorneys' fees) (any or all of the
    foregoing hereinafter referred to as "Losses") insofar as such Losses
    (or actions in respect thereof) arise out of or are based on (i) any claim that
    our use of the affiliate trademarks infringes on any trademark, trade name,
    service mark, copyright, license, intellectual property, or other proprietary
    right of any third party, (ii) any misrepresentation of a representation or
    warranty or breach of a covenant and agreement made by you herein, or (iii) any
    claim related to your site, including, without limitation, content therein not
    attributable to us.

    14. Confidentiality

    All confidential information, including, but not limited to, any business, technical,
    financial, and customer information, disclosed by one party to the other during
    negotiation or the effective term of this Agreement which is marked
    "Confidential," will remain the sole property of the disclosing
    party, and each party will keep in confidence and not use or disclose such
    proprietary information of the other party without express written permission
    of the disclosing party.

    15. Miscellaneous

    15.1. You agree that you are an independent contractor, and nothing in this Agreement
    will create any partnership, joint venture, agency, franchise, sales
    representative, or employment relationship between you and 52HikeChallenge.com.
    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 any other
    of Your Site or otherwise, that reasonably would contradict anything in this
    Section.

    15.2. Neither party may assign its rights or obligations under this Agreement to any
    party, except to a party who obtains all or substantially all of the business
    or assets of a third party.

    15.3. This Agreement shall be governed by and interpreted in accordance with the laws
    of the State of New York without regard to the conflicts of laws and principles
    thereof.

    15.4. You may not amend or waive any provision of this Agreement unless in writing
    and signed by both parties.

    15.5. This Agreement represents the entire agreement between us and you, and shall
    supersede all prior agreements and communications of the parties, oral or
    written.

    15.6. The headings and titles contained in this Agreement are included for
    convenience only, and shall not limit or otherwise affect the terms of this
    Agreement.

    15.7. If any provision of this Agreement is held to be invalid or unenforceable, that
    provision shall be eliminated or limited to the minimum extent necessary such
    that the intent of the parties is effectuated, and the remainder of this
    agreement shall have full force and effect.

    WEBSITE PRIVACY POLICY EFFECTIVE DATE: June 26, 2019

    K & P Enterprises, LLC (“us,” “we,” or “Company”) is committed to respecting the privacy rights of its customers, visitors, and other users of the Company website at www.52hikechallenge.com (the “Website”). We created this Privacy Policy (“Privacy Policy”) to give you confidence as you visit and use the Website, and to demonstrate our commitment to fair information and data practices and the protection of privacy. This Privacy Policy is only applicable to the Website, and not to any other websites that you may be able to access from the Website, each of which may have data collection, storage, and use practices and policies that differ materially from this Privacy Policy.

    This Privacy Policy outlines how we handle, collect, and use the Personal Data you provide during your online and offline interactions with us. As used in this Privacy Policy, ”Personal Data“ means any information that can be used to individually identify a person, and may include, but is not limited to, name, email address, mailing address, credit or debit card number, and other personally identifiable information.

    The Company will be the controller of your Personal Data that is provided, collected, or processed pursuant to this Privacy Policy, unless otherwise expressly stated below. If you have any questions about whether any of foregoing applies to you, please email us at [email protected].

    COLLECTION OF PERSONAL DATA

    We track and collect the following information when you visit our Website: IP address, your operating system, your browser ID, your browsing activity, and other information about your system and connection and how you interact with our Website. We use cookies and similar tracking technologies to collect and use personally identifiable information about you, including use for interest-based advertising.

    In order for you to access certain components of the Website or to purchase products or services that we offer via the Website, we require you to provide us with certain information that personally identifies you (personally identifiable information), including the following categories of information: (1) Contact Data (such as your name, mailing address, and email address); (2) Financial Data (such as your account or credit or debit card number); and (3) Demographic Data (such as your zip code).

    PROCESSING AND USE OF PERSONAL DATA

    We use your Personal Data for the following purposes:

    • to send you information about our Company or our products or services
    • to send you information for marketing purposes based on your consent to receive such information
    • to verify your qualifications for certain products or services
    • to process your transactions and setup your online account
    • to provide the ability to contact you and provide you with shipping and billing information
    • to customize and tailor your experience on the Website by displaying content that we think you might be interested in and according to your preferences
    • to compile aggregated statistics about Website usage to better understand your preferences
    • to conduct research and development to improve our products and services
    • to provide customer feedback and support
    • to manage system administration and security
    • to operate, optimize, and maintain our Website
    • to enforce compliance with our Terms of Service
    • to fulfill your contractual obligations with us, comply with legal obligations, or carry out other legitimate businesses interests

    If you do not wish for us to continue using your Personal Data in any manner described above, you can make such request by contacting us at 52hikechallenge.com.

    SHARING OF PERSONAL DATA

    We share certain categories of information we collect from you in the ways described in this Privacy Policy. We may share Demographic Data with advertisers and other third parties only on an aggregate (i.e., non-personally-identifiable) basis. We may share Contact Data with advertising partners to display advertising on our Website or to manage and serve our advertising on other websites. We also share Contact Data and Financial Data with our business partners who assist us by performing core services (such as hosting, billing, fulfillment, or data storage and security) related to our operation of the Website. Those business partners will only use your Personal Data to carry out their specific business obligations to us.

    If you do not want us to share your Personal Data with any third parties, please email us your request to [email protected], but please understand that such a request will likely limit your ability to take advantage of all of the features and services we offer on the Website.

    CHOICE REGARDING COLLECTION, USE, AND DISTRIBUTION OF PERSONAL DATA

    You can choose whether to provide Personal Data to us, but note that you may be unable to access certain options, offers, and services if they require Personal Data that you have not provided. You can sign-up, and therefore consent, to receive email or newsletter communications from us. If you would like to discontinue receiving these communications, you can update your preferences by emailing us at [email protected]. If we are processing your Personal Data based on your consent, you have the right to withdraw your consent at any time by emailing such request to [email protected]. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data.

    RIGHTS AND ABILITY TO ACCESS, UPDATE, AND CORRECT PERSONAL DATA

    You have certain rights with respect to your Personal Data. At any time, you may (a) review, access, correct, update, or request deletion of your Personal Data; (b) choose whether or not you wish us to send you information about our Company, or promotional material from our partners; (c) choose whether or not you wish for us to share your Personal Data with third parties; or (d) withdraw your consent if we are processing your Personal Data based on your consent, all by emailing such request to [email protected].

    THIRD PARTY WEBSITES

    The Website may contain links to other websites. We are not responsible for the privacy practices or the content of such websites. We may also make available features on the Website for you to post comments on that may be viewed by another user of the Website. Please understand that any information that is disclosed in these areas becomes public information. We have no control over its use and you should exercise caution when deciding to disclose your Personal Data.

    CALIFORNIA DISCLOSURES

    Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. We do not track users over time and across third party websites to provide targeted advertising and therefore do not respond to Do Not Track signals.

    UPDATES AND CHANGES TO PRIVACY POLICY

    We reserve the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on the Website and without any other notice to you. Any such change, update, or modification will be effective immediately upon posting on the Website.

    To address your individual rights or if you have any privacy-related questions or comments related to this Privacy Policy, please send an email to [email protected].