Agreement
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Please
read the agreement document below before registering. I
accept these terms and wish to register. 1) Term of
the Agreements:
The term of this Agreement will begin upon our acceptance of your
Affiliate application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice of termination.
This Agreement
may be terminated by us without any notice to you if you have no
referral activity for 90 days.
You are only
eligible to earn referral fees on sales occurring during the term. 2)
Modification:
We may modify any of the terms and conditions contained in this
Agreement, at any time and in our sole discretion, by posting a change
notice or a new agreement on this site. Modifications may include, for
example, changes in the scope of available referral fees, fee schedules,
payment procedures and Program rules. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A
CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING
ACCEPTANCE OF THE CHANGE. 3)
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
Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the total
referral fees paid or payable to you under to this Agreement. 4)
Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS
TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY
OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM
THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR
TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY
REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS
AGREEMENT. 6)
Tracking
of Sales: We are solely responsible for tracking sales
using special software that communicates with the specially encoded URLs
assigned to affiliates. We will endeavor to do our best to ensure
accurate tracking of referrals made by affiliates. Affiliates will
themselves be solely responsible for ensuring that these special URLs
are formatted properly, a necessary prerequisite to accurate tracking of
referral sales. Notwithstanding the above statement of responsibility by
us to track sales, affiliates hereby acknowledge and accept that the
tracking system employed by us is not 100% fail-safe and that there may
on occasion be instances of referral sales made that are not credited to
an affiliate for any number of possible reasons, some of which might be:
Failure by the affiliate to use the proper format of the
specially assigned URL in promotions, webpage links, banner ads, and so
on; deliberate or accidental actions by customers to circumvent an
affiliate's special URL so that our software is unable to accurately
track that sale; bugs, glitches or crashes of the tracking software that
render it unable to accurately track sales for a period of time; acts of
a nature that cause irretrievable data loss on the computers and back-up
disk media that store the commission information.
As such, affiliates will not hold us liable to compensate for any
claimed commissions that were not tracked and recorded by the tracking
software. We will pay referral fees on any future sales after the
customer has re-entered our site through the use of a cookie placed on
the end user computer. If, through no fault of ours, the cookie is
removed or not allowed by the end user, that customer's purchase may be
tracked only if customer enters our site directly through a link from
your site. The cookie will expire at the end of 9999 days, the maximum
currently allowed under our software. 7) Relationship
of Parties: You
and we are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, sales
representative, or employment relationship between the parties.
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 otherwise, that reasonably would contradict anything in
this Section. 8)
Miscellaneous:
This Agreement will be governed by the laws of the United States and the
State of Florida, without reference to rules governing choice of laws.
Any action relating to this Agreement must be brought in the federal or
state courts located in Jacksonville, Florida, and you irrevocably
consent to the jurisdiction of such courts. You may not assign this
Agreement, by operation of law or otherwise, without our prior written
consent. Subject to that restriction, this 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 Agreement will not constitute a
waiver of our right to subsequently enforce such provision or any other
provision of this Agreement. |
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