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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 California,
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 Los Angeles, CA, 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.
Affiliate Agreement