No Joint Or Collaborative Venture; No Monitoring Or Control Of Your Content By Us:
Nothing in this Agreement is intended by Company to create or constitute a joint or collaborative venture or partnership of any kind between Company and Applicant agree that nothing in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between Applicant and Company its employees, agents or assigns.
You acknowledge and agree that we shall have no control nor ownership interests of any kind in applicants business or Website.
You acknowledge and agree that You shall have no financial or other interest in Company or any property owned by Company, its affiliates, agents, successors or assigns.
You acknowledge and agree that the relationship with Company shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
You acknowledge and agree that Company has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by Applicant, at or in association with your Website except as specifically set forth in this Agreement.
You further acknowledge that neither Company nor any employee, associate, agent, assign or successor of Company shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with your Website, and that applicant shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through your Website.
Company makes no guarantees or warranties of any kind:
You acknowledge and agree that Company makes no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to you "as is", and that use of Program and associated materials, including, without limitation is solely at your risk. Company disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Program and any and all materials of every kind supplied to as part of this Program.
Company Limited Liability and Liquidated Damages:
You acknowledge and agree that under no circumstances shall Company, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to applicant, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any Company website, or arising from or in connection with the use of the Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Company' services, content or Program materials, including without limitation any losses due to serve problems or due to incorrect placement of HTML or other programming languages.
Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Company, its officers, employees, successors, or assigns be held liable for damages, injuries or losses of any kind, directly or indirectly resulting from participation in the program, that the aggregate liability arising with respect to and under this Agreement and the Program for any and all claims, injuries, damages or losses will not exceed the total referral fees paid or payable to you under this Agreement.
No Representations Of Success Or Profitability:
You hereby confirm and acknowledge that you have unilaterally decided to enter an Internet service business and acknowledge that it is a high-risk business. You further confirm, acknowledge and expressly agree that neither Company, any agent or representative of Company, nor any other person has at any time in the past, represented to You or has otherwise directly or indirectly communicated in any manner to You any guarantee, reassurance or any other communication of any kind regarding:
1. the potential profitability or likelihood of success of your participation in the Program as set forth in this Agreement or otherwise;
2. the possibility or likelihood that use of any products and/or services provided by Company pursuant to this Agreement can or will result in the recoupment of any funds expended by You for the promotion of Your Website or any other purpose; or
3. the existence, nonexistence, size or any other characteristics of any market for any products or services which involve Your participation in the Program pursuant to this Agreement.
4. Applicant agrees that such program is not a franchise or other business opportunity and agrees that such program does not fall within any such act or law. Specifically, these terms and conditions are not by their definition an offer or business opportunity. You further expressly agree not to raise any claim of any kind against Company and you agree to hold Company harmless from any claim of loss to you directly or indirectly resulting from your decision to participate in the Program pursuant to this Agreement.
No Monitoring Or Supervision Provided By Us
We shall not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with Your Website except for that content which is supplied to You by Us, provided that said content supplied to You by Us has not be altered or modified by You or any other party.
Term And Termination Of Agreement
You acknowledge and agree that the term of this Agreement is at will and will begin upon Company's acceptance of your Affiliate application and will end when terminated by either party. Either you or Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
In the event that this Agreement or Program is terminated, you shall be entitled to all unpaid commissions or referral fees earned by you prior to the date and hour of termination. However, You shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received by Company after the date and time of termination.
Entire Agreement; Modification; Assignment
This Agreement constitutes the entire agreement between Applicant and Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
You agree that Company may at any time, in its sole and exclusive discretion, modify the type and quality of benefits provided to you under this Agreement 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.
Applicant acknowledges and agree that the failure of Company to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
Applicant agrees that all promises, obligations, duties and warranties made by applicant in this Agreement are personal to applicant and that neither they nor any benefits hereunder may be assigned by applicant to any other person or entity.
You agree that Company may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.
Arbitration; Choice of Law
Any and all disputes as to the interpretation of or any performance under this Agreement which are not first resolved informally, shall be determined by binding arbitration in the Republic of Cyprus. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the Republic of Cyprus. This Agreement is executed in and all its provisions shall be governed by and construed according to the laws and judicial decisions of the Republic of Cyprus when applicable.
All Provisions Of This Agreement Not Deemed Unenforceable Shall Survive Any Unenforceable Provisions In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability
shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.
This Agreement Shall Be Deemed To Be Mutually Drafted for purposes of construction of this Agreement, both Company and You shall be deemed to have mutually drafted this Agreement and all parts thereof.
Review By Your Attorney
We strongly advise that you review this Agreement with Your attorney before you enter into it. You acknowledge and agree that nothing herein and no statement by us or any employee, representative, agent or other person associated with us has in any way prevented or inhibited You in any way from seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that you have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.
Acceptance And Execution Of This Agreement
By filling out and submitting the sign-up form, You are agreeing to be bound by all of the terms, conditions, promises, warranties, duties and obligations set forth in this Agreement and Company is agreeing to become a counter-party to the Agreement. The date of execution shall be the date on which the sign-up form is completed and electronically submitted.