9. General Provisions
Website Service
Interruption: PresenterTemplates.com
will make every effort to keep its Website
operational. However, certain technical
difficulties may, from time to time,
result in temporary service interruptions.
You agree not to hold us liable for
any of the consequences of such interruptions.
a. Term of
the Agreement: You may only receive
referral fee payments for orders that
are properly placed during the term
of this Agreement. This term will
begin on the date that we notify you
that you have been pre-approved as
a program participant and shall end
when canceled or terminated by either
party as provided below. Unless otherwise
canceled or terminated, the Agreement
will be for one (1) year and automatically
renewed annually. Referral fees earned
through the date of cancellation or
termination of this Agreement will
remain payable only if the products
are not canceled from their orders.
Payment of the final referral fee
payment to you may be withheld for
a reasonable time in order to ensure
that the correct amount is paid.
b. Modifications: 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 our site. Modifications may include,
for example, changes in the scope
of available referral fees, fee rates,
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.
c. Term and Termination.
i. The term of this Agreement ("Term")
will begin upon our acceptance of
your application and will end when
terminated by either party in writing
or by email.
ii. The Term of this
Agreement shall be continuous, unless
and until either party properly terminates
this Agreement, in accordance with
the following: (i) either party may
terminate this Agreement immediately
by giving notice to the other party;
or (ii) Affiliate agrees and acknowledges
that if Affiliate breaches any provision
of this Affiliate Agreement Company
may immediately terminate Affiliate
from the Affiliate Program. Upon termination
of this Agreement, Affiliate must
immediately remove from Affiliate's
Web site(s) and cease using any Advertising
or Links. Following termination of
this Affiliate Agreement, Affiliate
agrees to refund any amounts that
were earned from Company in breach
of this Agreement.
iii. Upon termination
of this Agreement, Affiliate shall
immediately cease serving or using
Advertisements.
iv. No Referral Fees
or bonuses shall be due with respect
to Customers who register after the
date of termination. We reserve the
right to withhold your final payment
for up to 120 days as necessary to
calculate properly any amount due
to you.
e. WARRANTY DISCLAIMER:
WE MAKE NO WARRANTIES, REPRESENTATIONS
OR CONDITIONS WITH REGARD TO THE PROGRAM
OR ANY PRODUCTS SOLD THEREUNDER, WHETHER
EXPRESS OR IMPLIED, ARISING BY LAW
OR OTHERWISE, INCLUDING WITHOUT LIMITATION
ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT OR ANY IMPLIED
WARRANTY ARISING OUT OF COURSE OF
PERFORMANCE, COURSE OF DEALING OR
USAGE OF TRADE. IN ADDITION, WE MAKE
NO REPRESENTATION THAT THE OPERATION
OF OUR SITE WILL BE UNINTERRUPTED
OR ERROR-FREE AND WE WILL NOT BE LIABLE
FOR THE CONSEQUENCES OF ANY INTERRUPTIONS
OR ERRORS.
f. LIMITATION OF DAMAGES:
WE SHALL HAVE NO LIABILITY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES OR ANY LOSS OF REVENUE OR
PROFITS ARISING UNDER OR WITH RESPECT
TO THIS AGREEMENT OR THE PROGRAM,
EVEN IF WE WERE ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. FURTHER, OUR AGGREGATE
LIABILITY ARISING UNDER OR WITH RESPECT
TO THIS AGREEMENT OR THE PROGRAM SHALL
IN NO EVENT EXCEED THE TOTAL REFERRAL
FEES PAID OR PAYABLE BY US TO YOU
UNDER THIS AGREEMENT.
g. Independent Contractors:
You are an independent contractor
and nothing in this Agreement is intended
to or will create any form of partnership,
joint venture, agency, franchise,
sales representative or employment
relationship with us.
h. Governing Law. This
Agreement shall be governed by and
construed in accordance with the substantive
laws of the State of California, excluding
its conflict of laws principles. Any
lawsuit relating to this Agreement
must be brought in the federal or
state courts located in Santa Clara,
California.
i. Headings. The titles
and headings of the various sections
and paragraphs in this Agreement are
intended solely for convenience of
reference and are not intended for
any other purpose whatsoever, or to
explain, modify or place any construction
upon or on any of the provisions of
this Agreement.
j. Assignment. You
may not assign this Agreement, by
operation of law or otherwise, without
our prior written consent from PresenterTemplates.com.
Subject to that restriction, this
Agreement will be binding on, inure
to the benefit of and enforceable
against the parties and their respective
successors and assigns.
k. Waiver: 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.
l. Free to Contract
with Others: 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 websites
that are similar to or compete with
your website.
m. Independent Investigation:
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. |
