A 2% base commission is offered to you for all products not covered in specific SKU Lists. Once you are approved for our program, you can use the code we supply to generate links from your site to ours.  We offer you a variety of links and link types.  Use your creativity and your knowledge of the people who come to your site to choose the types of links that will be most appealing and most likely to invite clicks. The more your links lead to sales on our site, the more money your site will earn. You may create links to our site in the form of banners, textual, individual product, search box and store front. You may choose to use one or many of the links we provide, or you may create your own links. However, we will need to authorize any links that you create independently. Search Policy: (b) No Keyword Purchasing. You agree that you will not purchase or bid for the placement of our name or trademarks or any variation or misspelling thereof within any third party search engine or portal, including but not limited to AOL.com, Yahoo.com, MSN.com, Google.com, ask.com and miva.com. (c) Search Engine and Advertising Restrictions. You also agree to the following additional search engine advertising rules: (i) all advertisements by you must be directed to your site or a page within your site, (ii) none of your advertisements may link directly to the Merchant Website or any page within the Merchant Website, (iii) you will not show the Merchant Website URL as the URL in your ads, (iv) you will not use the words "official site" or words to similar effect in connection with any use of our trademarks, or otherwise suggest or imply that your site is an official Merchant site or partner, and (v) you will stop bidding on any keyword term at our request. If you fail to comply with any of the restrictions in this section, at our sole discretion you forfeit any commissions or other payments otherwise earned by you during such time that you are not in compliance. Please refer to our Terms and Conditions for complete details of our policies. We will contact any affiliate found to be in violation of our terms and give at least 24 hours’ notice to rectify the situation. Edible Arrangements Affiliate Marketing Program Agreement This Affiliate Marketing Program Agreement (the "Agreement") contains the terms and conditions that apply to your participation in the Edible Arrangements affiliate marketing program (the "Program"). Please read this Agreement carefully. By participating in the Program, you represent that you ("Affiliate" or "you" or "your") have read, fully understand and agree to the terms of this Agreement with Edible Arrangements. ("Edible Arrangements" or "we" or "us" or "our"). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to these terms, do not participate in the Program. 1.    PARTICIPATION In order to apply for to this Program, you must first sign up as an affiliate of EBay Enterprise Affiliate Network Exchange, a Pennsylvania LLC ("EBay Enterprise Affiliate Network") and you must agree to EBay Enterprise Affiliate Network Exchange’s Membership Agreement (the "EBay Enterprise Affiliate Network Agreement"). You may apply to participate in the Program by providing all the information required by EBay Enterprise Affiliate Network in connection with becoming a EBay Enterprise Affiliate Network affiliate and by accepting the terms of this Agreement. If you apply to the program, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. If your application is accepted, you may obtain such discounts and affiliate commissions as are offered pursuant to this Program for so long as this Agreement is not terminated. 2.    WEBSITE GUIDELINES Your affiliate website(s) ("Your Website") may not: Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights. Violate any law, rule or regulation. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. Mislead customers as to the products or services available on Your Website or on the Edible Arrangements website, located at www.Edible Arrangements.com (the "Edible Arrangements Site"). 3.    LINKING TO EDIBLE ARRANGEMENTS.COM Upon acceptance into the Program, links will be made available to you through the EBay Enterprise Affiliate Network affiliate website. Your acceptance in our Program means you agree to abide by the following. You will only use linking code obtained from the EBay Enterprise Affiliate Network affiliate website without manipulation. All domains that use your affiliate link must be listed in your affiliate profile on the EBay Enterprise Affiliate Network affiliate website. Affiliates may not advertise our products on websites that they do not own. For example, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegrabber. Your Website will not in any way copy, resemble, or mirror the look and feel of the Edible Arrangements Site. You will also not use any means to create the impression that Your Website is the Edible Arrangements Site or any part of the Edible Arrangements Site including, without limitation, framing the Edible Arrangements Site in any manner. You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain. You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site. You may not use your affiliate links to claim commissions for your own purchases on Edible Arrangements. 4.    PAY-PER-CLICK ("PPC") GUIDELINES If you are approved for this Program and utilize PPC advertising, you must observe our PPC guidelines. You may not: Bid on any of our Trademarks, as defined in Section 5, including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo or any other network. Use our Trademarks in sequence or out of sequence with any other keyword (e.g. Edible Arrangements Coupons, Edible Fruit Arrangements). Use our Trademarks in your ad title, ad copy, display name or as the display URL. Direct link to the Edible Arrangements Site from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Website. Bid in any manner appearing higher than Edible Arrangements for any search term in position 1-5 in any auction style PPC advertising program. If your PPC campaigns are automated, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly encourage you to add our Trademarks as negative keywords. We have a stringent no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, your participation in the Program will be terminated immediately. 5.    TRADEMARKS Upon acceptance into the Program, Edible Arrangements grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of Edible Arrangements during the term of this Agreement solely to in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between Edible Arrangements and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to the Edible Arrangements’s prior written approval. Except for the limited license provided in this Agreement, Edible Arrangements reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of the Edible Arrangements. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violates any of the terms of this Agreement. For purposes of this Agreement, "Trademarks" means " Edible Arrangements," "Edible Arrangements.com, "Edible Arrangements logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of Edible Arrangements as Edible Arrangements may from time to time notify you to be Trademarks within the meaning of this Agreement. 6.    COUPON GUIDELINES If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows: You may ONLY advertise coupon codes that are provided to you through the Program or that are displayed on the Edible Arrangements Site. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. 7.    DOMAIN GUIDELINES Using of any of our Trademarks as part of the domain or sub-domain (for example Edible Arrangements.website.com or www.Edible Arrangements-coupons.com) for Your Website is strictly prohibited. 8.    ADVERTISING Upon acceptance into the Program, Edible Arrangements grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Edible Arrangements may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements: You may only use the Promotional Materials to promote the Edible Arrangements Site (and the products available thereon), and for linking to the Edible Arrangements Site. You shall use only such links to the Edible Arrangements Site as are provided to you by the Edible Arrangements. You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Edible Arrangements without consent from Edible Arrangements. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from Edible Arrangements for such alteration of modification. You shall not use the Promotional Materials to promote the Edible Arrangements Site (and the products available thereon) to customers who are not physically located in Canada. 9.    REVERSALS & COMMUNICATION Edible Arrangements reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and violations of the Program as defined in this Agreement. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, we expect a response from you in a timely and honest manner. Below are violations of this communication policy. You are not forthcoming, intentionally vague or are found to be lying. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof. We reserve the right to reverse orders, set your commission to 0% or suspend you from the Program for the period or orders in question if any of the above applies. We understand many violations are a result of automated processes; however it is incumbent upon you to ensure that you have the appropriate measurements and processes in place to address these issues. 10.    INTELLECTUAL PROPERTY Edible Arrangements retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, or in the underlying intellectual property, other than the right to use the Promotional Materials in accordance with the License, as set forth in Section 8. 11.    RELATIONSHIP OF PARTIES This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Edible Arrangements and you. You shall provide services for Edible Arrangements as an independent contractor. You shall have no authority to bind Edible Arrangements to any agreement, nor shall you be considered to be an agent of Edible Arrangements in any respect. 12.    AFFILIATE COMMISSIONS Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by Edible Arrangements to you) to the Edible Arrangements Site and successfully completes a purchase for which Edible Arrangements receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the Canada. The current rates of Commission shall be set forth in your EBay Enterprise Affiliate Network affiliate program located on the EBay Enterprise Affiliate Network affiliate website. Edible Arrangements reserves the right to modify the Commission rate from time to time, in its sole discretion. Edible Arrangements is responsible for authorizing Commission payments and EBay Enterprise Affiliate Network will be solely responsible for fulfilling and transferring all Commission payments in accordance with the EBay Enterprise Affiliate Network Agreement. Edible Arrangements will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Edible Arrangements, whether in connection with this Agreement (including any breach hereof by you) or otherwise. 13.    AFFILIATE STATE LIMITATIONS Due to local state tax laws, we unfortunately are not accepting affiliates residing in Arkansas, Colorado, Connecticut, Illinois, North Carolina, Rhode Island and Vermont. If at any time following your enrollment in the Program you become a resident of Arkansas, Colorado, Connecticut, Illinois, North Carolina, Rhode Island or Vermont you will become ineligible to participate in the Program and your participation in the Program will automatically terminate, on the date you establish residency in that State. In addition, you must promptly notify us in writing of your Arkansas, Colorado, Connecticut, Illinois, North Carolina, Rhode Island or Vermont residency, which you may do via the EBay Enterprise Affiliate Network affiliate website. 14.    DISCLAIMER YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL EDIBLE ARRANGEMENTS BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EDIBLE ARRANGEMENTS’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR 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. EDIBLE ARRANGEMENTS DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED Edible Arrangements Affiliate Marketing Program Agreement This Affiliate Marketing Program Agreement (the "Agreement") contains the terms and conditions that apply to your participation in the Edible Arrangements affiliate marketing program (the "Program"). Please read this Agreement carefully. By participating in the Program, you represent that you ("Affiliate" or "you" or "your") have read, fully understand and agree to the terms of this Agreement with Edible Arrangements. ("Edible Arrangements" or "we" or "us" or "our"). In addition, if this Agreement is being executed on behalf of a legal entity, you represent and warrant that you are authorized to legally bind that entity to this Agreement. If you do not agree to these terms, do not participate in the Program. 1.    PARTICIPATION In order to apply for to this Program, you must first sign up as an affiliate of EBay Enterprise Affiliate Network Exchange, a Pennsylvania LLC ("EBay Enterprise Affiliate Network") and you must agree to EBay Enterprise Affiliate Network Exchange’s Membership Agreement (the "EBay Enterprise Affiliate Network Agreement"). You may apply to participate in the Program by providing all the information required by EBay Enterprise Affiliate Network in connection with becoming a EBay Enterprise Affiliate Network affiliate and by accepting the terms of this Agreement. If you apply to the program, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to accept or reject your application in our sole discretion; however we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision. If your application is accepted, you may obtain such discounts and affiliate commissions as are offered pursuant to this Program for so long as this Agreement is not terminated. 2.    WEBSITE GUIDELINES Your affiliate website(s) ("Your Website") may not: Infringe on our or any anyone else's intellectual property, publicity, privacy or other rights. Violate any law, rule or regulation. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contain nudity, pornography or sexually explicit materials. Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information. Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website. Mislead customers as to the products or services available on Your Website or on the Edible Arrangements website, located at www.Edible Arrangements.com (the "Edible Arrangements Site"). 3.    LINKING TO EDIBLE ARRANGEMENTS.COM Upon acceptance into the Program, links will be made available to you through the EBay Enterprise Affiliate Network affiliate website. Your acceptance in our Program means you agree to abide by the following. You will only use linking code obtained from the EBay Enterprise Affiliate Network affiliate website without manipulation. All domains that use your affiliate link must be listed in your affiliate profile on the EBay Enterprise Affiliate Network affiliate website. Affiliates may not advertise our products on websites that they do not own. For example, Google Product Search, Amazon, eBay or any comparison shopping engines such as Shopzilla or Pricegrabber. Your Website will not in any way copy, resemble, or mirror the look and feel of the Edible Arrangements Site. You will also not use any means to create the impression that Your Website is the Edible Arrangements Site or any part of the Edible Arrangements Site including, without limitation, framing the Edible Arrangements Site in any manner. You may not engage in cookie stuffing or include pop-ups, false or misleading links on Your Website. In addition, wherever possible, you will not attempt to mask the referring URL information (i.e. the page from where the click is originating). You may not use redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain. You may not create any links that lead the customer to a destination site that is not clearly suggested by the content of the starting site. You may not use your affiliate links to claim commissions for your own purchases on Edible Arrangements. 4.    PAY-PER-CLICK ("PPC") GUIDELINES If you are approved for this Program and utilize PPC advertising, you must observe our PPC guidelines. You may not: Bid on any of our Trademarks, as defined in Section 5, including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo or any other network. Use our Trademarks in sequence or out of sequence with any other keyword (e.g. Edible Arrangements Coupons, Edible Fruit Arrangements). Use our Trademarks in your ad title, ad copy, display name or as the display URL. Direct link to the Edible Arrangements Site from any PPC ad or use redirects that yield the same result. Affiliates must be directed to an actual page on Your Website. Bid in any manner appearing higher than Edible Arrangements for any search term in position 1-5 in any auction style PPC advertising program. If your PPC campaigns are automated, it is your responsibility to exclude our Trademarks from your PPC advertising program and we strongly encourage you to add our Trademarks as negative keywords. We have a stringent no tolerance policy on PPC trademark bidding. If you engage in PPC trademark bidding that uses our Trademarks, your participation in the Program will be terminated immediately. 5.    TRADEMARKS  Upon acceptance into the Program, Edible Arrangements grants you a limited, non-exclusive, revocable, royalty-free right to use the Trademarks of Edible Arrangements during the term of this Agreement solely to in connection with your participation in the Program, provided that you shall not: (a) use the Trademarks in any manner to communicate or suggest any sponsorship or other connection between Edible Arrangements and you other than your participation in the Program, and (b) harm or adversely affect the Trademarks or the goodwill associated with the Trademarks. All promotional messaging and materials used by you containing such Trademarks shall be subject to the Edible Arrangements’s prior written approval. Except for the limited license provided in this Agreement, Edible Arrangements reserves all rights in and to the Trademarks and the goodwill associated therewith. All uses of the Trademarks by you shall inure to the benefit of the Edible Arrangements. You shall not acquire, directly or by implication, any rights or license in the Trademarks except as expressly provided in this Agreement. Your right to use the Trademarks will terminate immediately if you violates any of the terms of this Agreement. For purposes of this Agreement, "Trademarks" means " Edible Arrangements," "Edible Arrangements.com, "Edible Arrangements logos and such other names, logos, trade names, trademarks, service marks, trade dress, design marks, brands, copyrights in any designs and other copyrightable subject matter, and other product identifiers of Edible Arrangements as Edible Arrangements may from time to time notify you to be Trademarks within the meaning of this Agreement. 6.    COUPON GUIDELINES If you are enrolled in our Program and Your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows: You may ONLY advertise coupon codes that are provided to you through the Program or that are displayed on the Edible Arrangements Site. Coupons must be displayed in their entirety with the full offer, valid expiration date and code. 7.    DOMAIN GUIDELINES Using of any of our Trademarks as part of the domain or sub-domain (for example Edible Arrangements.website.com or www.Edible Arrangements-coupons.com) for Your Website is strictly prohibited. 8.    ADVERTISING Upon acceptance into the Program, Edible Arrangements grants to you a nonexclusive, nontransferable license (the "License") to use certain banner advertisements, button links, text links, and/or other graphic or textual material (the "Promotional Materials") for display and use on Your Website. The term of the License shall expire upon the expiration or termination of this Agreement. You may not subcontract, assign, resell, lease, or sublicense any part of your participation in the Program or run a sub-affiliate program. Edible Arrangements may make Promotional Materials available to you to display and use on Your Website provided that the manner of display complies with the following requirements: You may only use the Promotional Materials to promote the Edible Arrangements Site (and the products available thereon), and for linking to the Edible Arrangements Site. You shall use only such links to the Edible Arrangements Site as are provided to you by the Edible Arrangements. You shall not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by Edible Arrangements without consent from Edible Arrangements. If you wish to alter or otherwise modify the Promotional Materials, you must obtain prior written consent from Edible Arrangements for such alteration of modification. You shall not use the Promotional Materials to promote the Edible Arrangements Site (and the products available thereon) to customers who are not physically located in Canada. 9.    REVERSALS & COMMUNICATION Edible Arrangements reserves the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and violations of the Program as defined in this Agreement. Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of this Agreement, we expect a response from you in a timely and honest manner. Below are violations of this communication policy.  You are not forthcoming, intentionally vague or are found to be lying. You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile. You cannot substantiate or validate the source of your traffic to our Program with clear and demonstrable proof. We reserve the right to reverse orders, set your commission to 0% or suspend you from the Program for the period or orders in question if any of the above applies. We understand many violations are a result of automated processes; however it is incumbent upon you to ensure that you have the appropriate measurements and processes in place to address these issues.  10.    INTELLECTUAL PROPERTY Edible Arrangements retains all right, title, ownership, and interest in the Promotional Materials and Trademarks, including any and all copyright, trademark, or other intellectual property rights therein. Nothing in this Agreement shall be construed to grant you any right, title or ownership in the Promotional Materials, or in the underlying intellectual property, other than the right to use the Promotional Materials in accordance with the License, as set forth in Section 8. 11.    RELATIONSHIP OF PARTIES This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Edible Arrangements and you. You shall provide services for Edible Arrangements as an independent contractor. You shall have no authority to bind Edible Arrangements to any agreement, nor shall you be considered to be an agent of Edible Arrangements in any respect. 12.    AFFILIATE COMMISSIONS  Upon acceptance into the Program, you will be eligible to receive an affiliate commission (the "Commission") for the successful completion of Eligible Purchases. An "Eligible Purchase" occurs when a customer (not you) clicks-through the link (supplied by Edible Arrangements to you) to the Edible Arrangements Site and successfully completes a purchase for which Edible Arrangements receives and retains payment. To be an Eligible Purchase, the sale must be completed by a customer that is physically located in the Canada. The current rates of Commission shall be set forth in your EBay Enterprise Affiliate Network affiliate program located on the EBay Enterprise Affiliate Network affiliate website. Edible Arrangements reserves the right to modify the Commission rate from time to time, in its sole discretion. Edible Arrangements is responsible for authorizing Commission payments and EBay Enterprise Affiliate Network will be solely responsible for fulfilling and transferring all Commission payments in accordance with the EBay Enterprise Affiliate Network Agreement. Edible Arrangements will be entitled to withhold, deduct and set off from any payments to be made to you hereunder any sums owed by you to Edible Arrangements, whether in connection with this Agreement (including any breach hereof by you) or otherwise. 13.    DISCLAIMER  YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY WARRANTIES RELATED TO THE PROGRAM OTHER THAN THE EXPRESS STATEMENTS IN THIS AGREEMENT. UNDER NO CIRCUMSTANCES SHALL EDIBLE ARRANGEMENTS BE LIABLE TO YOU UNDER THESE TERMS, UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES RELATED TO THE PROGRAM (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR PROFITS OR LOST BUSINESS AND INCLUDING COSTS ASSOCIATED WITH THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EDIBLE ARRANGEMENTS’S LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THE PROGRAM OR 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. EDIBLE ARRANGEMENTS DOES NOT WARRANT OR GUARANTEE ANY RESULTS OF PARTICIPATION IN THE PROGRAM. ALL PRODUCTS, PROGRAMS AND PROMOTIONAL MATERIALS HEREUNDER ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER. YOU RECOGNIZE