Affiliate Agreement
This
agreement is by and between the Credit Repair Foundation and/or their assigns and
all subscribers. Unless the context requires otherwise, the Credit Repair Foundation
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 the Credit Repair Foundation and/or their assigns does not guarantee
or predict any type of profit or response from said services. Subscriber
agrees to hold the Credit Repair Foundation 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 the Credit Repair Foundation
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 the Credit Repair Foundation
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 the Credit Repair Foundation, 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.
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AFFILIATE AGREEMENT
