Affiliates Terms of Service
This agreement is by and between Company and/or its assigns and all subscribers. Unless the context requires otherwise, Company and/or its assigns also may be referred to herein as “us,” “we,” or “our” and you shall be referred to as “you,” “your” or “subscriber.”
You understand that Company and/or its assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Company harmless from and against any and all losses, claims, expenses, suits, damages, costs, demands or liabilities, joint or several, of whatever kind or nature which Company and/or their assigns may become subject arising out of or relating in any way to the use of the services provided under this agreement, including, without limitation, in each case attorneys’ fees, costs and expenses actually incurred in defending against or enforcing any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided. We agree to pay you certain commissions as described on our website for referral sales made by customers.
B. Intellectual Property. The content, design, graphics, compilation, organization, digital conversion and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, use, redistribution or publication by you of any such matters or any part of this website is strictly prohibited, except as allowed under “Limited Right to Use” below. You shall have no ownership rights to any content or other materials viewed through this website. The posting by the Company of content, materials or other information on this website shall not constitute a waiver of any right in such content, materials or other information.
C. Limited Right to Use. The viewing, downloading or printing of any content, design, graphics, compilation, organization, digital conversion and other matters from this website shall grant to you only a nonexclusive revocable license for use solely by you for personal, noncommercial purposes limited to the use that reasonably is required to view the content and navigate through the web pages and links using a standard Internet browser and generally available to the public. It shall not be used for sale, distribution, republication, assignment, sublicense, preparation of derivative works or other use.
D. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) if you promote a shopping cart in a manner that is unethical or inappropriate; or (c) for any other reason, in our sole and absolute discretion.
E. Limitation of Liability and Warranty Disclaimer. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THIS WEBSITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED. THE COMPANY DISCLAIMS, TO THE FULLEST EXTENT PERMISSIBLE BYAPPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, (A) THAT ANY INFORMATION AVAILABLE FROM OR THROUGH THE WEBSITE, OR THE WEBSITE ITSELF WILL BE MERCHANTABLE OR FIT FOR A PARTICULAR PURPOSE, (B) THAT ANY INFORMATION AVAILABLE FROM OR THROUGH THE WEBSITE, OR THE WEBSITE ITSELF WILL BE UNINTERRUPTED OR ERROR-FREE, (C) THAT DEFECTS WILL BE CORRECTED, (D) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (E) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, (F) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY, OR (G) AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION, OR AGAINST INFRINGEMENT. ALL INFORMATION PROVIDED IN THE COURSE OF THIS AGREEMENT ARE PROVIDED WITH ALL FAULTS, AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU AS THE USER. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR OTHER CONTENT AVAILABLE FROM OR THOUGH THE WEBSITE, OR THE WEBSITE ITSELF. IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY COMPENSATORY, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, PRODUCT LIABILITY OR OTHERWISE; NOR FOR ANY THIRD PARTY CLAIMS OF ANY NATURE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THE INFORMATION AND OTHER CONTENT AVAILABLE FROM OR THROUGH THE WEBSITE, AND THE WEBSITE ITSELF, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, YOU OBTAIN FROM US FROM OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
F. Terms. You agree: (1) to use our system in a manner that is ethical and in conformity with community standards; (2) to respect the privacy of other users (you shall not intentionally seek data or passwords belonging to other users, nor will you modify files or represent yourself as another user unless explicitly authorized to do so by that user); (3) to respect the legal protection provided by copyright law, trade secret law, or other laws protecting intellectual property; (4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS OF SERVICE, we will attempt to notify you. Whether or not we are able to notify you, if you do not take immediate remedial action that is satisfactory to us, or in the event of a serious violation of the TERMS OF SERVICE, we reserve the right to terminate your account immediately. Every effort will be made to inform you prior to account termination, and to re-establish your account upon receiving such representations from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN. You may also be subject to fines and legal actions as a result of your bulk email promotion.
G. Links to Other Web Sites. This website may contain links, now or hereafter, to third-party websites. We do not check, investigate, monitor or control such websites, nor are we responsible for the content or opinions expresses on such websites. Our provision of any third-party links is only for the purpose of convenience to this website’s visitors. Moreover, the inclusion on this website of any such links does not imply endorsement or approval by us of that linked website. If you decide to leave this website and access any third-party website, you do so at your own risk.
H. Assignment. This agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you do assign your rights, as would be the case were someone other than you to use your account, you shall remain liable to us for any fees due under this agreement. We may assign this agreement at any time for any reason.
I. Change of Terms and Conditions. We reserve the right to change the terms and conditions of this agreement as needed. Use of our servers by you after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this agreement in accordance with the terms hereof.
J. Notification of Account Changes. You agree to provide us with such other information relating to your use of this service as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing or other information changes.
K. Notices. All notices, requests, demands, and other communications under this agreement shall be in writing and shall be deemed to have been given on the date of delivery: (a) if delivered personally to the party to whom notice is to be given; (ii) if sent by electronic mail with a cc: to sender; if sent by fax; or on the third day after mailing by first class mail.
L. General Provisions. The subject headings of the articles and sections are for convenience only, and shall not affect the construction or interpretation of any of its provisions. If any portion of this agreement is found invalid or unenforceable, that portion shall be severed and the remainder of this agreement shall remain in force. This agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all of our prior agreements, representations and understandings. No supplement, modification, or amendment of this agreement shall be binding unless executed in writing by both parties. No waiver of any of the provisions of this agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by the party making the waiver. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. If an organization is the subscriber, the individual signing up for our services represents that he or she is duly authorized to enter into this agreement on behalf of that organization. In the event of a dispute, the parties agree to submit the matter to the Community Dispute Resolution Service or any recognized Arbitration Board located within our state and county, before instituting litigation.