1.
Term of the Agreement &
Payment: 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. All referral fees
are paid once a month by the 30th of the month for qualifying orders
in the previous month.
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. Acceptable Marketing Practices: We
encourage you to use your creativity, within the applicable laws, in
marketing our products and services. Acceptable methods include
banner ads, search engine marketing, newsletters and opt-in bulk
emailing. Absolutely NO SPAM will be tolerated and any violators of
this NO-SPAM policy will be terminated and will NOT receive
payment. Bulk Mailers and Newsletter Mailers must submit a copy of
the message to be used to
Affiliates@compcard.com prior to distribution for approval
before using.
6. Miscellaneous:
This Agreement will be governed by the laws of the United States and
the State of Florida, 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 Miami, Dade County, Florida, 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.
