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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 Michigan, 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 Detroit, Michigan,
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.
Promotion of Compuchecks
Affiliate Program:
We will make available to you a variety of
graphic and textual links, which you may display as
often and in as many areas on your site as you wish
(subject to the terms and conditions herein). You agree
to display on your site, only graphical links that have
been provided by us. All banners must feature the
CompuChecks brand name. You will substitute such links
provided by us from time to time throughout the term of
this Agreement. You will display links prominently in
relevant sections of your site. You can display textual
links provided by us or created by you in the manner
outlined herein.
You agree that your domain name does not and will
not contain the name "Compuchecks" and will not be used
as a keyword at any search engine for promotions
The Affiliate shall not author or issue any
announcements or press releases to the media without
sending a copy to
affiliates@compuchecks.com
for review. You may only use such material if and when
you receive our written consent.
You hereby agree that your site will not contain any
content of our site or any materials that are
proprietary to Compuchecks.com, except with our prior
permission or materials which are obtained by you via
the Compuchecks Affiliate site in accordance with the
provisions hereof or the policies or instructions
thereon.
I accept
these terms and wish to register. |
