<p>AFFILIATE PARTICIPATION AGREEMENT</p> <p>This Affiliate Participation Agreement contains the terms and conditions that apply to your participation as a member of the affiliate program (the "<b>Affiliate Program</b>") for www.Aeropostale.com (the "<b>Merchant Website</b>"), which is a website owned by Aeropostale, Inc. ("<b>we</b>" "<b>us</b>" or "<b>Merchant</b>"). This Affiliate Program is administered through 1075 Frist Global Associates, LLC (doing business as "<b>Pepperjam</b>"), operators of the “<b>Pepperjam Network</b>”.&nbsp; In this Agreement you are sometimes referred to as "<b>you</b>", "<b>your</b>" or "<b>Affiliate</b>".</p> <p>This is a legally binding agreement.&nbsp; By joining this affiliate program and receiving and using links to the merchant website, you are confirming that you have read this agreement and that you agree to be bound by the terms and conditions contained in this agreement.&nbsp; If you do not agree with any of the terms or conditions set forth herein, do not join this affiliate program.</p> <p><b>1.&nbsp; Enrollment; Eligibility.</b>&nbsp; In order to participate in this Affiliate Program you must complete a participant application that is accessible through this Merchant Website or through the Pepperjam Network. You will be notified if your application has been accepted or rejected.&nbsp; We reserve the right to reject any application in our sole discretion.&nbsp; If we reject your application, you may reapply at anytime.&nbsp; Only websites with general or United States based domain name extensions (e.g. .com, .net, .org, .us, etc.) and primarily serve a United States based audience are eligible for participation in this Affiliate Program.&nbsp; You must be at least 18 years of age to join this Affiliate Program.&nbsp; By submitting an application to participate in this Affiliate Program, you represent, warrant, covenant and agree that (i) all information that you provide to us or Pepperjam in connection with your participant application and/or in connection with your participation in this Affiliate Program is true, complete and accurate, (ii) you have all necessary rights and authority to enter into this Agreement and perform your obligations hereunder, (iii) this Agreement will constitute a legal, binding and enforceable agreement against you in accordance with the terms and conditions herein, and (iv) your execution and performance hereunder will not conflict with or result in a breach or violation of any other agreement, arrangement or understanding to which you are bound.</p> <p><b>2.&nbsp; Suitability of Affiliate Websites.</b>&nbsp; (a)&nbsp; Your websites are not suitable and you may not participate in the Affiliate Program if the websites operated by you violate any of the following website suitability restrictions.&nbsp; Further, you represent, warrant, covenant and agree that none of your participating websites or any content or technology contained thereon will, at anytime during the period that you are an affiliate in this Affiliate Program, violate any of the following website suitability restrictions.&nbsp; In the event that we believe that you have violated any of the following website suitability restrictions we may, in addition to all other rights and remedies that we may have, terminate this Agreement and your participation in this Affiliate Program without notice.&nbsp; Your participating websites may not:</p> <p>(i) infringe on our or any other person's or entity's intellectual property, publicity, privacy or other rights,</p> <p>(ii) fail to state a clear online privacy policy to your visitors,</p> <p>(iii) require a username or password to access your websites, without our prior written consent (including via email),</p> <p>(iv) violate any law, rule or regulation,</p> <p>(v) contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials,</p> <p>(vi) contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information,</p> <p>(vii) contain material that is materially false, inaccurate, fraudulent or misleading or that promotes pyramid or similar schemes;</p> <p>(viii) promote violence or any illegal or immoral activity,</p> <p>(ix) promote discrimination based upon gender, race, religion, nationality, disability, sexual orientation or age,</p> <p>(x) use or promote the use of bulk email or spam,</p> <p>(xi) 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,</p>