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