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.
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