If you're like most affiliates or internet marketers, you may have a habit of
skipping over long and boring affiliate agreements and anti spam policy pages.
However, DO NOT skip this one!
Why? Because WE DO NOT TOLERATE SPAM OR AFFILIATE PROGRAM
ABUSE IN ANY WAY, SHAPE, OR FORM! I f you break the rules, your
1ShoppingCart account WILL BE SHUT DOWN AND YOU MAY FORFEIT YOUR
EARNINGS! .
Please read every word of this agreement so you know the rules!
By signing up as an affiliate with Total Female Hockey,
you agree to the following Terms of Service.
This agreement is by and between Total Female Hockey and/or their assigns and
all subscribers. Unless the context requires otherwise, Total Female Hockey 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 Total Female Hockey and/or their assigns does not
guarantee or predict any type of profit or response from said services. Subscriber
agrees to hold Total Female Hockey 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 Total Female Hockey 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 a 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 Total Female Hockey
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 DEVELOPING
ATHLETICS, 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.