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. 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.
5) Miscellaneous:
This Agreement will be governed by the laws of the
United States and the State of New York, 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 New York,
New York, 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.
I
accept these terms and wish to register.