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Affiliate Terms And Conditions
Affiliate Terms And Conditions
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Brutal Divorce Tactics Affiliate Program Terms and Conditions: This constitutes the terms of our Agreement whereby, you ("Affiliate") will market divorce products ("Products") supplied by Brutal Divorce Tactics Inc through the Internet in return for a Fee (as defined below). 1. Affiliate will market the Products to its customers by establishing links from Affiliate's website to Brutal Divorce Tactics Inc's website and is authorized by Brutal Divorce Tactics Inc to promote the Products, subject to the terms and conditions of this Agreement. 2. Affiliate's customers shall receive the same benefits and same level of service as any other Brutal Divorce Tactics Inc customer. 3. The initial term of this Agreement shall be one (1) year (the "Initial Term") from the date this Agreement is accepted by Brutal Divorce Tactics Inc (the "Anniversary Date"). This Agreement will automatically renew on the Anniversary Date for successive periods of one (1) year unless terminated by either Affiliate or Brutal Divorce Tactics Inc with thirty (7) calendar days prior written notice (each, a "Renewal Term"), (the Initial Term and each Renewal Term, collectively, the "Term"). 4. Brutal Divorce Tactics Inc grants to Affiliate a non-exclusive, non-transferable worldwide right and license: (i) to access Brutal Divorce Tactics Inc's website through hypertext markup language ("HTML") links; and (ii) to use the Brutal Divorce Tactics Inc logos, trade names, trade marks and similar identifying material (collectively, the "Licensed Materials") that Brutal Divorce Tactics Inc provides to Affiliate solely in connection with such HTML links. Affiliate may not alter, modify or change the Licensed Materials in any way and is only entitled to use the Licensed Materials during the Term of this Agreement. This license will terminate immediately upon termination of this Agreement. Brutal Divorce Tactics Inc may revoke the license at any time by giving Affiliate thirty (30) calendar days prior written notice. 5. Affiliate grants to Brutal Divorce Tactics Inc a non-exclusive, non-transferable worldwide right and license to utilize Affiliate's name, title, trade mark, logo and similar identifying material in advertising, marketing, promoting, and public relations activities undertaken by Brutal Divorce Tactics Inc. Brutal Divorce Tactics Inc is under no obligation to advertise, market, promote, or publicize Affiliate. This license will terminate immediately upon termination of this Agreement. 6. Brutal Divorce Tactics Inc shall make available to Affiliate HTML links which Affiliate shall display on Affiliate's website and which shall link Affiliate's website to Brutal Divorce Tactics Inc's website. By utilizing these HTML links, Affiliate's customers shall be able to purchase the Products from Brutal Divorce Tactics Inc's website. 7. Brutal Divorce Tactics Inc shall provide Affiliate with a uniform resource locator ("URL") through which Affiliate will be able to track the Product purchases of Affiliate's customers. 8. Brutal Divorce Tactics Inc retains the right to monitor Affiliate's website to ensure that the HTML links to Brutal Divorce Tactics Inc's website are appropriate. In the event Brutal Divorce Tactics Inc, in its sole discretion, determines that the HTML links from Affiliate's website to Brutal Divorce Tactics Inc's website are inappropriate, then Brutal Divorce Tactics Inc may either notify Affiliate of any changes to be made or alternatively may terminate this Agreement upon thirty (7) calendar days prior written notice to Affiliate. In the event Brutal Divorce Tactics Inc notifies Affiliate of changes to be made to the HTML links and such changes are not made within seven (7) calendar days, Brutal Divorce Tactics Inc may immediately terminate this Agreement upon written notice to Affiliate. 9. Affiliate may not in any manner misrepresent or embellish the relationship between Affiliate and Brutal Divorce Tactics Inc, nor may Affiliate express or imply any relationship or affiliation between Brutal Divorce Tactics Inc and Affiliate or any other person or entity except as expressly permitted by this Agreement. 10. Affiliate's domain name shall not contain the word "Brutal Divorce Tactics" and Affiliate will not purchase any domain name or other right or otherwise contract with a third party to exploit the Brutal Divorce Tactics name for the purpose of having Affiliate website appear as a search result or for any other reason. Violation of this provision by Affiliate will result in the immediate termination of this Agreement by Brutal Divorce Tactics Inc. 11. Upon termination of this Agreement for any reason Affiliate agrees to immediately remove all HTML links from Affiliate's website to Brutal Divorce Tactics Inc's website. 12. Affiliate shall offer the Products at Brutal Divorce Tactics Inc's recommended retail prices. All product requests from Affiliate's customers are subject to acceptance by Brutal Divorce Tactics Inc in accordance with the Product terms and conditions, as in effect from time to time. 13. Subject to paragraph 14, Brutal Divorce Tactics Inc shall pay Affiliate a referral fee of $50.00 US (the "Fee") of the Brutal Divorce Tactics Inc recommended retail price of each Product purchase availed (net of all cancellations and partial or full refunds) by Affiliate's customers. 14. Brutal Divorce Tactics Inc, in its sole discretion, may enter into an incentive agreement with Affiliate with respect to any additional fees to be paid pursuant to this Agreement. 15. Fees shall be paid for each calendar month in the month subsequent to the calendar month in which each Product purchase is availed. In the event Fees due are less than one hundred United States dollars (US$100.00) then payment will be withheld until such time as the total Fees due are equal to or greater than one hundred United States dollars (US$100.00) in a calendar month. If this Agreement is terminated Brutal Divorce Tactics Inc shall pay Affiliate any Fees due in accordance with the payment schedule set forth in this paragraph. In the event Fees due following termination are less than one hundred United States dollars (US$100.00) then payment will be made for such lesser amount. 16. If Affiliate customer cancels, disputes or rejects a Product purchased and/or availed, and Brutal Divorce Tactics Inc has already paid Affiliate a Fee based on the Product being purchased and/or availed, Brutal Divorce Tactics Inc will deduct the amount of the disputed Fee from the next payment to Affiliate. In the event there are no subsequent Fees due to Affiliate, Brutal Divorce Tactics Inc will send Affiliate an invoice for the amount of the disputed Fee, and Affiliate agrees to pay the invoiced amount no later than thirty (30) calendar days from the date of invoice. 17. Brutal Divorce Tactics Inc provides no guarantee, warranty or representation as to the amount of Fees that may be generated by Affiliate pursuant to this Agreement. 18. Affiliate will indemnify and hold Brutal Divorce Tactics Inc harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance and contents of Affiliate's website, excluding the HTML links from Affiliate's website to Brutal Divorce Tactics Inc's website and payments to Brutal Divorce Tactics Inc from Affiliate's customers. 19. Brutal Divorce Tactics Inc will indemnify and hold Affiliate harmless from all claims, damages, and expenses (including, without limitation, attorney's fees) relating to the development, operation, maintenance and contents of Brutal Divorce Tactics Inc's website. 20. Subject to paragraph 14, Brutal Divorce Tactics Inc, in its sole discretion, may modify any of the terms and conditions contained in this Agreement, at any time, provided the notice provisions in this paragraph are not modified, by notifying each Affiliate at its nominated email address and posting a change notice on Brutal Divorce Tactics Inc's website or posting a new agreement on Brutal Divorce Tactics Inc's website. Should any modification be unacceptable to Affiliate, Affiliate's only recourse is to terminate this Agreement. Affiliate's continued referral of its customers thirty (7) calendar days after Brutal Divorce Tactics Inc notifies Affiliate by email, posts a change notice or posts a new agreement will constitute binding acceptance of the new agreement and its terms by Affiliate. 21. Brutal Divorce Tactics Inc will not be liable for indirect, special or consequential damages for any loss of revenue, profits, or data arising in connection with this Agreement, even if Brutal Divorce Tactics Inc has been advised of the possibility of such damages. Further, aggregate liability arising with respect to this Agreement will not exceed the total Fees paid or payable to Affiliate pursuant to this Agreement. 22. Brutal Divorce Tactics Inc makes no express or implied warranties or representations with respect to the Products offered (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of the course of performance, dealing, or trade usage). In addition, Brutal Divorce Tactics Inc makes no representation that the operation of its website will be uninterrupted or error-free and Brutal Divorce Tactics Inc will not be liable for the consequences of any interruptions or errors. 23. Affiliate understands that Brutal Divorce Tactics Inc reserves the right to solicit customers on terms that may differ from those contained in this Agreement or operate websites that encourage direct consumer business. Brutal Divorce Tactics Inc will not sell Affiliate customer lists to any third party. 24. Affiliate has independently evaluated the desirability of referring customers to Brutal Divorce Tactics Inc's website and is not relying on any guarantee, warranty or representation other than as set forth in this Agreement. 25. Affiliate may not assign this Agreement without the prior written consent of Brutal Divorce Tactics Inc. Brutal Divorce Tactics Inc may assign this Agreement at its election. 26. Brutal Divorce Tactics Inc's failure to enforce Affiliate's strict performance of any provision of this Agreement will not constitute a waiver of any right to subsequently enforce such provision or any other provision of this Agreement. 27. This agreement is made and entered into in Clark County, Nevada and Nevada law applies. Brutal Divorce Tactics Inc and Affiliate are independent contractors and nothing in this Agreement shall be construed as a partnership or joint venture. This is merely an agreement to refer customers to the Products in consideration for a Fee. Any legal proceedings shall be conducted in Clark County, Nevada. This is the entire agreement between the parties. 28. Affiliate acknowledges that Affiliate has read this Agreement and agrees to its terms and conditions. |
