|ADULT WEBMASTER AFFILIATE PROGRAM|
TERMS AND CONDITIONS
By joining any one of our webmaster affiliate programs (“Affiliate Program(s)”), you (“Affiliate” "You") are entering into a binding and enforceable contract with Harklet Enterprises, Limited., doing business as, CECash.com (“Company”; “We”). This Agreement sets forth the Terms and Conditions AND PROGRAM RULES under which you may participate in the Program. By participating in the Program and clicking “I AGREE” on the Sign-Up Form you are affirmatively stating that you have read, understood and ACCEPT this Agreement and AGREE to be bound by all of the Terms and Conditions AND PROGRAM RULES set forth below:
1. You have read and accept the
payment and other terms and conditions of the specific Affiliate
Program and PROGRAM RULES set forth at
2. All Affiliates, contacts
and payees must have reached the age of majority under applicable
law where they reside and/or do business, and must be no younger
than 18 years of age in any case. You represent and
warrant that you have reached the age of majority under the laws
of the state or locality where you reside and/or do business.
3. Under the Program Rules, and subject
to the Terms and Conditions set forth in this Agreement, we grant
you the following:
3.1 The non-exclusive, non-transferable, revocable right
and permission to create authorized links from your web site
to a Company web site. You will receive a commission or referral
fee for referrals of traffic to a Company web site according
to the Program Rules for the specific Affiliate Program you
have accepted provided that you have complied in all material
respects with the Terms and Conditions of this Agreement.
3.2 The nonexclusive, non-transferable, revocable right
and license to display on your web site proprietary Company
materials including but not limited to content; banners; text
links; graphic images and text (hereafter collectively referred
to as "Program Materials") solely for the purpose
of promoting the products and services associated with the
Program and encouraging visitors to your web site to click
through to the Company web site.
|3.3 You acknowledge and agree that the Company
is, and shall remain, the exclusive owner of these Program Materials
provided to you by Company pursuant to the provisions of the
Agreement, and that the Program Materials may not be copied,
reproduced, altered, modified, changed, broadcast, distributed,
transmitted, disseminated or offered for sale or rental in any
manner, at any time, anywhere in the world, except at expressly
authorized by Company in writing.
3.4 You acknowledge and agree and warrant to the Company
that your agreement to these terms and conditions constitutes
an agreement that You shall not access, or attempt to access
any Program Materials and/or ant Company web site in a manner
not expressly authorized by the Company. You agree and warrant
that You shall at no time access view download, receive or
otherwise use, or cause or enable others to access, view,
download, receive or otherwise use Program Materials and/or
any Company web site directly or indirectly in places which
the Company does not authorize such access, viewing, downloading,
receipt or other use
3.5 You hereby acknowledge that you understand that
the Company does not authorize the accessing, viewing, downloading,
duplication, receiving, transmission, broadcasting or other
use of the Program Materials and/or Company web site to or
by and person, INCLUDING YOU, who is located in any of the
areas designated as PROHIBITED AREAS below.
3.6 You further acknowledge that you understand and
agree that any and all unauthorized access, viewing, downloading,
receipt, duplication or other use of Program Materials and/or
any Company web site, in which You are directly or indirectly
involved, including, but not limited to accessing, viewing,
downloading, receiving or other use of materials in PROHIBITED
AREAS in any manner shall constitute intentional
infringement(s) of the Company’s and potentially others’
intellectual property rights and other rights in such materials
and shall further constitute a violation of Company’s
trademark and other rights including, but not limited to rights
3.7Company reserves all of its rights in its trade names
and trademarks, service marks and all intellectual property
rights associated with the Program Materials. Nothing herein
shall be construed as a grant or assignment of any rights
in any intellectual property owned by Company, including,
without limitation, any of its trademarks or service marks.
3.8 You agree that this license can be terminated or
revoked at any time for any reason, or for no reason, upon
notice by Company to you and you agree upon receipt of such
notice immediately to cease using all Program Materials and
removing all such Materials and references to Company and/or
its web sites from your web sites and any promotional, advertising
or marketing materials of any kind.
3.9All of the following areas constitute PROHIBITED
AREAS from which no Program Materials and/or any Company web
site may be accessed, viewed, downloaded or otherwise received:
1. All parts of the United States of America corresponding
to the entire areas corresponding to United States Postal
Service zip codes commencing with any of the following three
OF RESTRICTED ZIP CODES;
2. AND All parts of the following countries: Afghanistan, Germany,
Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic
of China, Singapore, Saudi Arabia, Syria, The United Arab
3. AND All parts of every other geophysical place corresponding
to a political entity or part thereof in which the access,
viewing, downloading, dissemination of, or other use of the
materials contained in the Site would constitute a violation
of any law, regulation rule or custom.
4. In consideration of Company providing
you with Program Materials and the other benefits of the Affiliate
Program, you hereby represent and warrant to Company as follows:
4.1 That your web site and all materials, content, goods
and services offered through and in associations with your
web site do not and shall not at any time:
1. violate any law, statute, ordinance or regulation or promote
2. contain or promote obscene materials or child pornography;
3. contain any materials which depict persons in a manner
to suggest that they are under the age of eighteen years;
4. contain or promote harmful or indecent matter to minors;
5. promote violence;
6. promote discrimination based on race, sex, religion, nationality,
sexual orientation, or age;
7. contain content which is defamatory, libellous, hateful
or unlawfully threatening, abusive or harassing;
8. include any of the Company’s trademarks or service
marks, or variations or misspellings thereof, in your domain
9. send unsolicited bulk, junk, Spam e-mail or any program,
file, data stream or other material which contains viruses,
worms, "Trojan horses" or any other destructive
4.2 That you have full authority to enter into this Agreement;
4.3 That you will provide accurate and complete information to Company concerning your identity, bank account, address or other required information;
4.4 That all obligations owed to third parties with
respect to the activities contemplated to be undertaken by
you pursuant to this Agreement are or will be fully satisfied
by you, so that the Company will not have any obligations
with respect thereto
4.5 That nothing on, in or associated with your web
site violates any laws, regulations, rules or customs, including
but not limited to violation of regulations set forth at 18
U.S.C. Section 2257 et seq., or violate or infringe any rights
of any person or entity, including any intellectual property
rights, including, without limitation any copyrights, patent
rights, trademark rights, trade secret rights, or rights of
publicity, or any person’s or entities’ privacy
rights or any other personal or proprietary rights of any
4.6 That you will comply with all applicable federal,
state and local laws in the performance of your obligations
hereunder; and that each email address submitted by you has
originated with a customer of yours and has not been created
or obtained fraudulently or in contravention of the Terms
and Conditions of this Agreement.
5. You must complete the required
fields during the Sign-Up process, and provide us with your full
name and valid contact information including e-mail and mailing
address (no P.O. box). We will e-mail you notices about our Programs
and your account based on the information that you provide to us.
6. We will send out payment at least twice
a month and within 5 business days of the end of each pay period.
For anything under $50.00 per month, or the minimum pay amount specified
by you, we will carry that amount to the following pay period. All
revenues will be disbursed in US Dollars.
6.1 In the event that payments to us by our processors
are delayed for any reason, we will have a reasonable period
of time for receipt of such payments, and for payments to
you regarding said payments.
7. If you reside in the U.S.
or its territories, you may be required to complete a W9 form with the correct information
and enter a Federal Tax ID or Social Security Number or we will
be forced to withhold tax as required by law. We may register a
1099 for all U.S. domestic entities to which we issue combined yearly
payments of $600.00 or more. Failure to provide this information
will cause your payment to be delayed or withheld.
8. If we find that you have violated
any Program terms and conditions, including other webmaster affiliate programs not
operated by Company, we reserve the right in our sole and absolute
discretion to cancel your participation in any and all Programs,
at any time, without prior notification, and you will not be paid
for any of the Programs in which you have participated or allowed
back into any of our Programs.
8.1 You acknowledge and agree that Company shall have
the right to deny or withhold payment from you and to terminate
you from the Program if there has been an abnormal number
of chargebacks or cancellations of memberships or subscriptions
which have been referred to Company's web sites through your
web site. You further acknowledge and agree that
Company shall have the right, in its sole and exclusive judgment,
to determine what constitutes an abnormal number of chargebacks
or cancellations of memberships or subscriptions.
9. You AGREE that ANY of the following
actions by you or anyone under your control will result in ALL of
your accounts being terminated without pay, ALL of your unpaid commissions
being FORFEITED to Company, and will further result in you being
precluded from ever participating in any of our Programs:
1. Dissemination of unsolicited bulk E-mail, Instant Messages, Chatroom,
Newsgroup, ICQ or IRC postings or any other forms of SPAM;
2. Promoting or dealing in content such as: Warez, passwords, MP3,
bestiality, rape, child pornography, violence, or any other illegal
activity. This includes use of prohibited content in hidden meta
tags, text, links, graphic(s) or any HTML;
3. Attempting to mislead or defraud Company in any way;
4. Directing traffic by using a misleading domain name on the Internet
that may either deceive a person into viewing material that is obscene
in nature or deceive a minor into viewing material that is harmful
to minors on the Internet;
5. Hijacking traffic; Use of Adware or Spyware;
6. Providing incorrect or incomplete account information;
7. Generating hits or signups as a requirement to enter or obtain
access to goods or services on your (or someone else's) web site;
8. Engaging any sort of mechanism or effort that falsely generates
hits or signups, including signups by the Affiliate. If you wish
to perform a test signup you must first E-mail firstname.lastname@example.org
9. Violating or infringing any rights of any person or entity,
including without limitation, any copyrights, trademark rights,
patent rights, rights of publicity, privacy rights or any other
intellectual, personal or property right violation or infringement;
10. Cheating or defrauding any other affiliate program or sponsor;
11. Hosting on non-adult free hosts that do not permit adult content.
This includes (but is not limited to) Geocities, Angelfire, Tripod,
Xoom, CJB.net, or Hypermart;
12. Misrepresenting our site(s) in any manner, including but not
limited to, misrepresenting the cost of membership, terms of membership,
or content contained within our site(s);
13 Misusing our site Terms and Conditions, including but not limited
to, instructing the member to signup and cancel is also not permitted
in any way, shape or form;
14. Unauthorized modification, alteration or use of Program Materials
in violation of the terms of this Agreement; or
15.. Attempting to establish new accounts from Albania, Argentina,
Armenia, Azerbaijan, Bahrain, Belarus, Brazil, Bulgaria, China,
Colombia, Costa Rica, Croatia, Czech Republic, Ecuador, El Salvador,
Egypt, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Iran,
Iraq, Israel, Japan, Jordan, Kaliningrad, Kazakhstan, Korea (North
and South), Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia,
Moldova, Pakistan, Philippines, Poland, Romania, Russia, Saudi Arabia,
Singapore, Slovakia, Slovenia, Spain, Syria, Taiwan, Tajikistan,
Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Arab Emirates,
Uzbekistan, Venezuela, Vietnam, and Yugoslavia.
10. Accounts that are terminated without pay will have a stop placed on all outstanding funds.
11. Company files will prevail in determining
all statistics including but not limited to the amount of valid
hits, signups, referrals, cancellation, credits and any commissions
or referral fees owned to any Affiliate pursuant to this Agreement.
Any discrepancies or errors must be brought to our attention within
30 days or else they will be deemed permanently waived.
12. We reserve the right to cooperate
in any investigation relating to activities involving any violation
of these Terms and Conditions, including disclosure of your account
information to third parties in connection therewith.
13. COPYRIGHT POLICY CLAIMS OF INFRINGEMENT;
DESIGNATED AGENT/DMCA NOTICE. You may not post, distribute, or reproduce
in any way any copyrighted material, trademarks, or other proprietary
information without obtaining the prior written consent of the owner
of such proprietary rights or otherwise have a valid basis under
the law, including "fair use". Without limiting the foregoing,
if you believe that your work has been copied and posted on the
Company service in a way that constitutes copyright infringement,
please provide our Copyright Agent with the following information
consistent with the Digital Millennium Copyright Act (DMCA): an
electronic or physical signature of the person authorized to act
on behalf of the owner of the copyright interest; a description
of the copyrighted work that you claim has been infringed; a description
of where the material that you claim is infringing is located on
the our site or in our electronic messages including if feasible
the URLs of web pages and/or hyperlinks; your address, telephone
number, and email address; a written statement by you that you have
a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; a statement by you, made
under penalty of perjury, that the above information in your Notice
is accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf. Company's Copyright
Agent for Notice of claims of copyright infringement can be reached
It is the intention of Company to fully comply with the DMCA, including
the Notice and "take down" provisions and to benefit from
the safe harbors immunizing it from liability to the fullest extent
provided by law, and to the extent the Notice and "take down"
requirements above deviate from the requirements under the DMCA
then the Notice requirements as provided by the DMCA shall control
and are herein incorporated by reference.
14. You will indemnify, defend and hold
us harmless from any and all damages, losses and costs (including
attorneys’ fees) resulting from any act taken by you in violation
of these Terms and Conditions, and/or any failure to act when required
to under these Terms and Conditions.
15. Nothing in this Agreement is intended
by us or you to create or constitute a joint or collaborative venture
or partnership of any kind between you and us, nor shall anything
in this Agreement be construed as constituting or creating any agency,
employment relationship, joint or collaborative venture or partnership
between you and Company, its employees, agents or assigns.
15.1 You acknowledge and agree that we shall have no
control or ownership interests of any kind in your business
or your web site.
15.2 You acknowledge and agree that you shall have no
financial or other interest in Company or any property owned
by Company, its affiliates, agents, successors or assigns.
15.3 You acknowledge and agree that your relationship
with us shall be restricted to matters pertaining to the Program
exclusively and shall be governed entirely by the terms and
conditions of this Agreement.
15.4 You acknowledge and agree that we have no direct
or indirect control over the content of performances or services,
the manner of performances or services, or the time or duration
of provision of performances or services by you on, at or
in association with your web site except as specifically set
forth in this Agreement.
ite except as specifically set forth in this Agreement.
15.5 You further acknowledge that neither Company nor
any employee, associate, agent, assign or successor of Company
shall exert or provide any direct or indirect control over,
monitoring of, supervision of, prior approval of, or review
of the content appearing or otherwise distributed on, at or
in association with your web site, and that you shall be solely
responsible for any legal liabilities or consequences resulting
from your dissemination of that content, including the Program
Materials, on or through your web site.
16. You acknowledge and agree that Company
makes no guaranties or warranties of any kind with respect to the
Program or Program Materials provided by, through or in association
with the Program, and all Program Materials are provided to you
“as is”, and that your participation in the Program
and use of the Program Materials, is solely at your risk. Company
disclaims all warranties, either express or implied including, but
not limited to, express or implied warranties of merchantability
and fitness for a particular purpose, with regard to the Program
and any and all Program Materials of every kind supplied to You
as part of this Program.
17. You acknowledge and agree that under
no circumstances shall Company, its employees, independent contractors,
authors, agents, representatives, assigns and successors be liable
to you, or any other person or entity, for any direct or indirect
losses, injuries, special or incidental or consequential damages
of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS
INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY
OTHER PECUNIARY LOSS) with regard to any link to any Company web
site, or arising from or in connection with the use of the Program
Materials, or due to any mistakes, omissions, delays, errors, interruptions
in the transmission, or receipt of Company’s services, content
or Program Materials, including without limitation any losses due
to server problems, computer or other equipment failure, or due
to incorrect placement of HTML., regardless whether based upon breach
of contract, negligence 18 USC 2257 errors and omissions, copyright,
trademark, patent, or any other claim or cause of action, In the
event of any network downtime, computer or technical error we will
not be held responsible for any lost hits, signups, traffic or income.
You agree to fully comply with 18 USC 2257 et seq,("2257")
including but not limited to its notice and recordkeeping requirements,
as a condition precedent to your participation in this affiliate
program or providing any traffic or links from your web pages to
our Sites, graphics, web pages, and content or making use of the
Program Materials. You agree to immediately provide to us as requested,
in our sole discretion, record keeping documents and data needed
for us to comply with 2257 or for us to audit, from time to time,
your compliance with such statute.
To the extent that we have, or in the future will, provide you with
advertising or promotional material or Program Materials or other
content that contains a visual depiction of any persons or "models"
that is "sexually explicit content" as defined or referred
to by 18 USC § 2256 and § 2257, you are only authorized
to use such advertising or promotional material or Program Materials
or other content ONLY in a manner that is exempt from the record-keeping
requirements encompassed in 18 USC § 2257. Consequently we
may not provide you with copies of any identification documentation
related to certain persons or models or Program Materials. IF YOU
ARE NOT EXEMPT, EITHER AS A "MERE DISTRIBUTOR" OR UNDER
ANY OTHER EXEMPTION UNDER 18 USC § 2257 (h) (3), YOU ARE NOT
AUTHORIZED TO USE, AND PLEASE REFRAIN FROM USING, ANY SEXUALLY EXPLICIT
CONTENT MATERIAL OR CONTENT OR PROGRAM MATERIALS PROVIDED OR MADE
AVAILABLE BY US IN THE PAST AND AT ANY TIME IN THE FUTURE AS WELL
AS LINKS TO THE SAME - IF YOUR SITE CONTAINS ANY SUCH MATERIAL OR
CONTENT OR PROGRAM MATERIALS OR LINKS TO THE SAME, YOU HEREBY WARRANT
AND REPRESENT THAT YOU WILL REMOVE IT IMMEDIATELY AND NO LATER THAN
JUNE 22, 2005 AND REFRAIN FROM USING ANY SUCH MATERIAL CONTENT OR
PROGRAM MATERIALS OR LINKS TO THE SAME GOING FORWARD. WE WILL NOT
INDEMNIFY, DEFEND YOU OR IN ANY OTHER WAY BE HELD RESPONSIBLE FOR
YOUR UNAUTHORIZED USE OF ANY SEXUALLY EXPLICIT CONTENT.
17.1 Notwithstanding the foregoing express limitations
of liability, you acknowledge and agree that should Company,
its officers, employees, successors, or assigns be held liable
to you for damages, injuries or losses of any kind, directly
or indirectly resulting from your participation in the Program,
that the maximum total dollar amount of liquidated damages
for any and all of your claims, injuries, damages or losses
shall not exceed a total of ten dollars ($10.00).
18. You hereby confirm and acknowledge
that you have unilaterally decided to enter an Internet service
business and acknowledge that it is a high risk business. You further
confirm, acknowledge and expressly agree that neither Company, any
agent or representative of Company, nor any other person has at
any time in the past, represented to you or has otherwise directly
or indirectly communicated in any manner to you any guarantee, reassurance
or any other statement of any kind regarding:
1. The potential profitability or likelihood of success of your
participation in the Program as set forth in this Agreement or otherwise;
2. The possibility or likelihood that use of any products and/or
services provided by Company pursuant to this Agreement can or will
result in the recoupment of any funds expended by you for the promotion
of your web site or any other purpose; or
3. The existence, nonexistence, size or any other characteristics
of any market for any products or services which involve Your participation
in the Program pursuant to this Agreement.
18.1 You expressly acknowledge and agree
that the success any of its business endeavors which involve
your participation in the Program pursuant to this Agreement,
like any other business endeavor, is subject to numerous factors,
such as the effectiveness of advertising and promotion, your
administrative capabilities, etc., and that the ultimate success
or failure of your business rests with you and not Company.
You further expressly agree not to raise any claim of any
kind against Company and you agree to hold Company and its
agents, officers, directors, and employees harmless from any
claim of loss to you directly or indirectly resulting from
your decision to participate in the Program pursuant to this
19. We shall not monitor, supervise or
review, and shall not be responsible for any content appearing or
otherwise distributed on, at or in association with your Website
including any Program Materials or content which you have received
from us. You assume the full and sole responsibility and liability
for the decision to display or include content on your website,
to distribute or make the content available to the viewers of your
website in various geographical areas, and for all decisions relating
to the manner in which you permit or restrict access to your website.
20. We reserve the right to alter or modify
the Terms and Conditions at any time without prior notice to you.
It is your responsibility to refer to this document from time to
time so that you may be informed of any changes to the Terms and
Conditions. Ignorance of the Terms and Conditions is no excuse to
any action taken by us, or to your failure to act, under these rules..
21. Either party may terminate this Agreement
at any time, with or without cause, by giving the other party notice
of termination. Upon termination of this Agreement you shall immediately
cease using Company name(s), Company’s marks and remove all
Company banners from your site.
22. We reserve the right to cancel this
Agreement at any time, for any reason, without prior notification.
In such cases you will be notified immediately and paid for accumulated
funds up to that point in time, unless otherwise forfeited under
this Agreement. Notice by e-mail, to the e-mail address we have
on file for you is considered sufficient notice for to terminate
or cancel this Agreement.
23. This Agreement constitutes the entire agreement between you and Company with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.
23.1 You agree that Company may from time to time, in
its sole and exclusive discretion, modify the type and quality
of benefits provided to you hereunder either with or without
notice. We may modify other terms and conditions at any time
upon e-mail notice to you.
23.2 You agree that no modification of this Agreement by you, your employees, representatives, agents, assigns or successors shall be enforceable of have any effect unless first reduced to writing and signed by Company's duly authorized representative.
23.3 You agree that no officer, employee or representative of you or Company has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and you acknowledge and agree that you have not executed this Agreement in reliance upon any such representation or promise.
23.4 You acknowledge and agree that the failure of Company to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
23.5 You agree that all promises, obligations, duties and warranties made by you in this Agreement are personal to you and that neither they nor any benefits hereunder may be assigned by you to any other person or entity.
23.6 You agree that Company may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.
24. By accepting these terms and conditions
and becoming an Affiliate, you agree that this Agreement and all
disputes or controversies as to the interpretation of or any performance
arising under, or related to this Agreement shall be governed by
and construed under the laws of the State of CALIFORNIA and the
United States as applied to agreements between CALIFORNIA state
residents entered into and to be performed within the State of CALIFORNIA,
except as governed by Federal law. The application of the United
Nations Convention of Contracts for the International Sale of Goods
is expressly excluded.
24.1 You further agree that notwithstanding any judicially
or statutorily created choice of law rule that would otherwise
require the application of the law of some other jurisdiction,
all provisions of this Agreement and all matters or controversies
of any kind arising out of, or related to this Agreement or
the rights or liabilities of the parties hereto shall be governed
solely by the substantive statutory and common law of the
state of CALIFORNIA.
24.2 Any and all disputes or controversies of any kind,
including but not limited to any performance, duty, obligation
or liability arising under or related to this Agreement, which
are unable to be resolved informally, shall be determined
by binding arbitration in LOS ANGELES COUNTY, CALIFORNIA,
before a single retired judge affiliated with ADR Services
or a similar organization (other than the American Arbitration
Association), with the arbitration governed by the California
Rules of Civil Procedure sections 2016 et seq., relating to
discovery. The final award in any such arbitration proceeding
shall be subject to entry as a judgment by any court of competent
jurisdiction, provided that such judgment does not conflict
with the terms and provisions hereof. The jurisdiction of
the arbiter (or arbiters) with respect to legal matters shall
be limited only by the statutory and common law of the State
of CALIFORNIA and the United States. The prevailing party
in the arbitration proceeding shall be entitled, in addition
to any other remedies, to an award of reasonable attorneys'
24.3 The parties agree that the venue for all legal
disputes, controversies, and actions of any kind arising under
or related to this Agreement shall be LOS ANGELES, CALIFORNIA.
25. For purposes of construction of this
Agreement, both Company and you shall be deemed to have mutually
drafted this Agreement and all parts thereof.
26. If any provision of this Agreement
is held void or unenforceable to any extent, such provision shall
be deemed excised and removed to make the remaining provisions enforceable.
Unless otherwise specifically provided, the provisions of this Agreement
shall survive its termination.
27. Either party shall be excused from
delays in performing or from its failure to perform hereunder to
the extent that such delays or failures result from causes beyond
the reasonable control of such party, including, without limitation,
acts of God, nature, any government agency(ies), war, civil disturbance,
labor disputes or shortages, electrical or mechanical breakdowns,
inability or refusal of a common carrier to provide communications
capabilities, or any other cause beyond either party’s direct
control, including but not limited to, the issuance of an order
by any regulatory, administrative, judicial or legislative prohibiting
or interfering with either party from carrying on its day-to-day
operations as contemplated under this Agreement.
28. We strongly advise that you review
this Agreement with your attorney before you enter into it. You
acknowledge and agree that nothing herein and no statement by us
or any employee, representative, agent or other person associated
with us has in any way prevented or inhibited you in any way from
seeking such advice prior to entering into this Agreement. You hereby
acknowledge and agree that the terms of this Agreement are reasonable
and fair; all terms have been fully disclosed in writing, and that
you have been given a reasonable chance to seek advice of independent
counsel with respect to this Agreement and all transactions associated
29. . By
CLICKING ON THE “I ACCEPT” BUTTON below, and by supplying
Company with all the required information to sign you up to an Affiliate
Program, you are acknowledging that you agree to all of the terms,
conditions, promises, warranties, duties and obligations set forth
in the above Agreement.