Violation of intellectual property rights.
4. AFFILIATE Links
You may use graphic and text links both on your Web Site and in emails.
The site
may also be advertised "offline" in classified ads, magazines, and
newpapers. You
may use the graphics and text provided to you by us, or you may create
your own as long as they are approved by us first.
5. AFFILIATE Tracking
When a web surfer clicks through your AFFILIATE link, a cookie is set
in their browser
that contains your AFFILIATE username. Also, their IP address is
tracked in the database
along with your AFFILIATE name. When this person decides to buy a
product, the script will
look for this cookie and/or try to match their IP address to identify
the AFFILIATE who
will be awarded the commission. Visitors sent through your AFFILIATE
link may make a purchase
later in time and the commission will still be awarded if the cookie is
present in their browser
and/or the are using the same IP address as the one logged in the
database.
6. Terms of the agreement
These terms will begin upon your signup with the AFFILIATE program and
will end
when your AFFILIATE account is terminated. The terms of
this agreement may be modified by us at any time. If any modification
to the terms
is unnacceptable to you, your only choice is to terminate your
AFFILIATE account.
Your continuing participation in the program will constitute your
acceptance of
any change.
7. Liability
We will not be liable for indirect or accidental damages (loss of
revenue, commissions) due to AFFILIATE tracking failures, loss of
database files,
and any results of "intents of harm" to the program or our website. We
do not make
any expressed or implied warranties with respect to the AFFILIATE
program and/or
products sold at this site. We make no claim that the operation of the
AFFILIATE program
and our website will be error-free and we will not be liable for any
interruptions or errors.
Affiliate further agrees and warrants that it will comply with all
local, state and federal laws (including, but not limited to, the
"CAN-SPAM" Act, effective January 1, 2004) regarding the sending of
e-mails.
AFFILIATE shall indemnify and hold www.theraggedfence.com
harmless from any and all legal actions, damages or liabilities
incurred from the day-to-day operations of AFFILIATE. Under no
circumstances will www.theraggedfence.com
be liable whether in tort, contract or otherwise for indirect,
incidental, consequential, special or exemplary damages (including but
not limited to damages for any loss of revenue, profits, business
interruption, loss of business information or data, loss of goodwill,
work stoppage, hardware or software failure, or other pecuniary loss)
arising from or relating to any provision of this Agreement or the
program. Without limiting the foregoing, www.theraggedfence.com
aggregate liability arising with respect to this Agreement will not
exceed the total fees paid or payable to AFFILIATE under this
agreement.
www.theraggedfence.com will
own all right, title and interest in and to all information that is
created or collected in the operation of the www.theraggedfence.com
Web site and reserves the right to amend or terminate this Agreement at
any time, with or without notice to AFFILIATE.
The laws of the State of Illinois shall govern this Agreement. Should
there be any legal dispute between the parties, then both parties agree
to take the matter before arbitration/mediation in Sangamon County , IL
should www.theraggedfence.com
request arbitration/mediation in lieu of formal legal process. Both
parties mutually agree that the sole legal venue for all disputes shall
be in the Sangamon County General District Court, IL.
By
filling out the signup form you acknowledge that you have read the
terms and
conditions above for the TheRaggedFence.com AFFILIATE Program,
understand, and agree with them.