Please
read the agreement document below before registering.
1)
Term of the Agreements: The term of this Agreement will
begin upon our acceptance of your Affiliate application
and will end when terminated by either party. Either you
or we may terminate this Agreement at any time, with or
without cause, by giving the other party written notice
of termination. You are only eligible to earn referral fees
on sales occurring during the term.
2)
Modification: 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 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.
3)
Limitation of Liability: We will not be liable for indirect,
special or consequential damages, or any loss of revenue,
profits or data, arising in connection with this Agreement
or the Program, even if we have been advised of the possibility
of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not
exceed the total referral fees paid or payable to you under
to this Agreement.
4)
Independent Investigation: YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS. 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
WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE.
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.
5)
Miscellaneous: This Agreement will be governed by the
laws of the United States and the State of Minnesota, without
reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal
or state courts located in Stillwater, Minnesota, and you
irrevocably consent to the jurisdiction of such courts.
You may not assign this Agreement, by operation of law or
otherwise, without our prior written consent. Subject to
that restriction, this Agreement will be binding on, inure
to the benefit of and be enforceable against the parties
and their respective successors and assigns. 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.
