Affiliate
Agreement:
By
signing up as an affiliate with listcent, you agree to the
following Terms of Service.
This
agreement is by and between listcent and/or their assigns and
all subscribers. Unless the context requires otherwise, listcent.
and/or their assigns shall be referred to as "us, we, or
our" and you shall be referred to as "you, your or
subscriber."
You
understand that listcent. and/or their assigns does not
guarantee or predict any type of profit or response from said
services. Subscriber agrees to hold listcent 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 listcent and/or their assigns 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 on our website for referral sales made by
customers.
B.
Termination. We may terminate your account:
(a) if you
violate our Terms Of Service Policy; (b) promote listcent 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 SERVICE listcent , ITS
SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY DISCLAIM
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS 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 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. We
may assign this agreement at any time.
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, billing 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
have read and understand the Affiliate
Agreement
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Back To Affiliates Page
“HARMONEY™
is a
hot seller, I'd say it's a
best-seller!”
Andrew
Morton, Bookseller, New Renaissance
Bookshop
