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By signing up as a
partner with Imadulation, you agree
to the following Terms of Service.
This agreement is by and between
Imadulation and/or their assigns and
all subscribers. Unless the context
requires otherwise, Imadulation.
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 Imadulation
and/or their assigns does not
guarantee or predict any type of
profit or response from said services.
Subscriber agrees to hold 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 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 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 , 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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