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Please read the agreement document below before registering.
I accept these terms and wish to register.
1) Term of the Agreements:
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.
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) Spam:
PC Recovery has a zero tolerance policy for spam which is defined
to mean any email advertising sent in bulk or in violation of
any state or federal law. Any Affiliate accused of spamming
will be immediately suspended while the PC Recovery, in their
sole discretion, determines if the validity of the spam
complaint. Valid spam complaints will result in the immediate
termination of your account and forfeiture of any commissions
owed you. Transactions may be cancelled, and recipients may be
notified, at our discretion.
5) Payments:
We shall pay 10% of gross revenues for sales of all PC Recovery
products referred via an affiliate web site. In
addition we shall pay 10% on all sales originating from the PC
Recovery affilates own affilate network. If a customer
later requests a refund or a chargeback is issued by the
credit card holder whose credit card was used to pay for that
customer's account, any commissions that were credited will be
deducted from the next monthly payment. If there is no next
monthly payment, the affiliate will be billed and hereby
agrees to be bound by law to reimburse PC Recovery in full for
any such commissions.
6) Linking:
We will provide You with links, including URL addresses and
appropriate graphics (the Link Materials), with which you may
link your Web site to our Web site (www.pcrecovery.com or such other Web site(s) as we may establish from
time to time). Details on accessing these Link Materials are
set out in the Affiliate administration area (Available to
registered affiliates). As an Affiliate, we grant you a
non-exclusive limited license solely to reproduce and use
these Link Materials, including our trademarks to the extent
they are incorporated into these Link Materials, only while
you are an Affiliate and only in accordance with the terms and
conditions of this Agreement. You agree to display the Link
Materials appropriately on your Web site and to respect our
trademarks, service marks, and other rights in the Link
Materials. You will use only these Link Materials to link your
Web site to ours, and You will not alter the look or feel of
these Link Materials or of our Web site in any way. You will
use reasonable efforts to update to new versions of Link
Materials as we make them available.
7) Relationships and Responsibilities:
You will be solely responsible for the development,
operation, and maintenance of your site and for all materials
that appear on your site. For example, you will be solely
responsible for:
The technical operation of your site and all related equipment
The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal.
We may terminate this Agreement at
any time if we decide, in our sole discretion, that your Web
site is not suitable for the Program for any reason,
including, but not limited to, the use of unlawful content.
We disclaim all liability for these
matters. Further, you will indemnify and hold us harmless from
all claims, damages, and expenses (including, without
limitation, attorneys' fees) relating to the development,
operation, maintenance, and contents of your site.
8) Relationship of Parties:
PC Recovery and your company are independent contractors, and
nothing in this Agreement will create any partnership, joint
venture, agency, franchise, sales representative, or
employment relationship between the parties. You will have no
authority to make or accept any offers or representations on
our behalf. You will not make any statement, whether on your
site or otherwise, that reasonably would contradict anything
in this agreement.
9) Miscellaneous:
This Agreement will be governed by
the laws of England United Kingdom, without reference to
rules governing choice of laws. Any action relating to this
Agreement must be brought in the Courts of England, 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.
10) 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.
I accept these
terms and wish to
register.
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