AFFILIATE AGREEMENT
Please read the agreement document below before registering.
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.
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 & ARE NOT RELYING
ON ANY REPRESENTATION,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN
THIS AGREEMENT.
5) Miscellaneous: This Agreement will be governed by the
laws of the United States and the State
of Texas, 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 Austin,Texas, 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.
6) Spyware: We will refuse all applications or signups from
affiliates which we believe participate in spyware, adware or parasiteware
techniques for driving traffic. We reserve the right to research and investigate
affiliates and their activities and, at our own discretion, determine whether
or not these
practices are in place. Affiliates found in violation of this
policy will be immediately terminated from
the program and will forfeit all
commissions. |