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. We will notify all affiliates, via
e-mail, of any such changes before these changes take effect. 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 & E-MAIL NOTIFICATION 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
Washington, 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 Washington, 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. Additionally you may not
refer yourself or anyone directly related to you, your website, or your
related businesses, with the intent of YOU receiving both 1st & 2nd tier sales
commissions.
