Violation of intellectual property rights.
4. DEVELOPER 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. DEVELOPER Tracking
When a web surfer clicks through your DEVELOPER link, a cookie is set in their browser
that contains your DEVELOPER username. Also, their IP address is tracked in the database
along with your DEVELOPER 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 DEVELOPER who
will be awarded the commission. Visitors sent through your DEVELOPER 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 DEVELOPER program and will end
when your DEVELOPER 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 DEVELOPER account.
Your continuing participation in the program will constitute your acceptance of
any change.
7. Liability
We will not be liable for indirect or accidental damages (loss of
revenue, commissions) due to DEVELOPER 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 DEVELOPER program and/or
products sold at this site. We make no claim that the operation of the DEVELOPER program
and our website will be error-free and we will not be liable for any interruptions or errors.
Developer 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.
DEVELOPER shall indemnify and hold YOURCOMPANYNAMEorWEBSITE harmless from any and all legal
actions, damages or liabilities incurred from the day-to-day operations of DEVELOPER. 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 DEVELOPER 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 DEVELOPER.
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 DEVELOPER Program,
understand, and agree with them.
