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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 Idaho, 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 Coeur
d'Alene, Idaho, 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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