Violation of intellectual property rights.
4. AFFILIATE Links
You may use graphic and text links both on your Web Site and in emails. The site may also be advertised "offline" in classified ads, magazines, and newpapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are approved by us first.
5. AFFILIATE Tracking
When a web surfer clicks through your AFFILIATE link, a cookie is set in their browser that contains your AFFILIATE username. Also, their IP address is tracked in the database along with your AFFILIATE name. When this person decides to buy a product, the script will look for this cookie and/or try to match their IP address to identify the AFFILIATE who will be awarded the commission. Visitors sent through your AFFILIATE link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or the are using the same IP address as the one logged in the database.
6. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and will end when your AFFILIATE account is terminated. The terms of this agreement may be modified by us at any time. If any modification to the terms is unnacceptable to you, your only choice is to terminate your AFFILIATE account. Your continuing participation in the program will constitute your acceptance of any change.
We will not be liable for indirect or accidental damages (loss of revenue, commissions) due to AFFILIATE tracking failures, loss of database files, and any results of "intents of harm" to the program or our website. We do not make any expressed or implied warranties with respect to the AFFILIATE program and/or products sold at this site. We make no claim that the operation of the AFFILIATE program and our website will be error-free and we will not be liable for any interruptions or errors.
Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails.
AFFILIATE shall indemnify and hold YOURCOMPANYNAMEorWEBSITE harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of AFFILIATE. Under no circumstances will YOURCOMPANYNAMEorWEBSITE be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, YOURCOMPANYNAMEorWEBSITE aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to AFFILIATE under this agreement.
YOURCOMPANYNAMEorWEBSITE will own all right, title and interest in and to all information that is created or collected in the operation of the YOURCOMPANYNAMEorWEBSITE Web site and reserves the right to amend or terminate this Agreement at any time, with or without notice to AFFILIATE.
The laws of the State of California shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in Placer County , CA should YOURCOMPANYNAMEorWEBSITE request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Placer County General District Court, CA.
By filling out the signup form you acknowledge that you have read the terms and conditions above for the YOURCOMPANYNAMEorWEBSITE AFFILIATE Program, understand, and agree with them.