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Warmbat® - Affiliate Program Terms & Conditions
Terms
of Service
By signing
up as an affiliate with WarmbatDirect.com, you agree to the following Terms
of Service.
This agreement
is by and between WarmbatDirect.com and The Original Australian, LLC. Unless
the context requires otherwise, WarmbatDirect.com and The Original Australian, LLC., shall be referred to as "us, we, or our" and you shall
be referred to as "you, your or subscriber."
You understand
that WarmbatDirect.com does not guarantee or predict any type of profit
or response from said services. Subscriber agrees to hold WarmbatDirect.com
harmless from and against any and all losses, claims, expenses, suits,
damages, costs, demands or liabilities, joint or several, of whatever
kind or nature which WarmbatDirect.com may become subject arising out
of or relating in any way to the use of the services provided under this
agreement, including, without limitation, in each case attorneys' fees,
costs and expenses actually incurred in defending against or enforcing
any such losses, claims, expenses, suits, damages or liabilities.
A. Services to be Provided. We agree
to pay you certain commissions as described in this web site for referral
sales made by customers. Each period is a full calendar month and is paid
45 days after the last day of that month. i.e. Commissions earned during
the month of January would be paid on the 15th of March.
B. Termination.
We may terminate your account:
(a) if you
violate our Terms Of Service Policy; (b) promote WarmbatDirect.com in
a manner that is unethical or inappropriate; or (c) for any reason, in
our sole discretion.
C. No Warranties.
WE MAKE NO WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT
TO THE SERVICES WarmbatDirect.com, ITS SUBCONTRACTORS AND AFFILIATES
PROVIDE YOU. WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY
OF THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable for any
damages suffered by you, whether indirect, special, incidental, exemplary,
or consequential, including, by not limited to, loss of data or service
interruptions, regardless of cause or fault. We are not responsible for
your lost profits or for your loss of data or information. If notwithstanding
this clause we are held liable to you.
D. TERMS.
You agree: (1) to use our system in a manner that is ethical and in conformity
with community standards; (2) to respect the privacy of other users (you
shall not intentionally seek data or passwords belonging to other users,
nor will you modify files or represent yourself as another user unless
explicitly authorized to do so by that user); (3) to respect the legal
protection provided by copyright law, trade secret law, or other laws
protecting intellectual property. 4) to accept commercial emails from
us.
If we learn
of a violation or likely violation of our TERMS OF SERVICE, we will attempt
to notify you. If you do not take immediate remedial action which is satisfactory
to us, or in the event of a serious violation of the TERMS OF SERVICE,
we reserve the right to terminate your account immediately. Every effort
will be made to inform you prior to account termination, and to re-establish
your account upon receiving such representations from you as we deem appropriate
in the circumstances.
YOUR SERVICE
WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING SHOULD YOU USE OUR
SYSTEM AS PART OF ANY ILLEGAL BULK EMAIL CAMPAIGN. You may also be subject
to fines and legal actions as a result of your bulk email promotion.
E. Assignment.
This agreement is personal to you. You may not assign your rights under
this agreement without our prior written consent. If you do assign your
rights, as would be the case were someone other than you to use your account,
you shall remain liable to us for any fees due under this agreement.
F. Change
of Terms and Conditions. We reserve the right to change the terms and
conditions of this agreement as needed. Use of our servers by you after
said changes constitutes acceptance of those new terms and conditions.
If you do not agree to the new terms and conditions, you may terminate
this agreement in accordance with Section B.
G. Notification
of Account Changes. You agree to provide us with such other information
relating to your use of this service as we deem necessary or desirable.
You agree to notify us if your address, email address, telephone number,
payment information changes.
H. Notices.
All notices, requests, demands, and other communications under this agreement
shall be in writing and shall be deemed to have been given on the date
of delivery: if delivered personally to the party to whom notice is to
be given; if sent by electronic mail with a cc: to sender; if sent by
fax; or on the third day after mailing by first class mail.
I. General
Provisions. The subject headings of the articles and sections are for
convenience only, and shall not affect the construction or interpretation
of any of its provisions. If any portion of this agreement is found invalid
or unenforceable, that portion shall be severed and the remainder of this
agreement shall remain in force. This agreement constitutes the entire
agreement between us pertaining to its subject matter and supersedes all
of our prior agreements, representations, and understandings. Subject
to Section I, no supplement, modification, or amendment of this agreement
shall be binding unless executed in writing by both parties. No waiver
of any of the provisions of this agreement shall be deemed, or shall constitute,
a waiver of any other provision, whether or not similar, nor shall any
waiver constitute a continuing waiver. No waiver shall be binding unless
executed in writing by the party making the waiver. This agreement may
be executed in one or more counterparts. Each shall be deemed an original,
but all of which together shall constitute one and the same instrument.
If an organization is the subscriber, the individual signing up for our
services represents that he or she is duly authorized to enter into this
agreement on behalf of that organization. In the event of a dispute, the
parties agree to submit the matter to the Community Dispute Resolution
Service or any recognized Arbitration Board located within our state and
county, before instituting litigation.
I
Agree, Sign me up!
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