Legal stuff -
CDstands.com is owned by CDreview.com
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.
Confidentiality:
Except as otherwise provided in this
agreement or with the consent of the other party hereto, each of the parties
hereto agrees that all information, including, without limitation, the terms
of this Agreement, business and financial information, customer and vendor
lists, and pricing and sales information, concerning us or you, respectively,
or any of our Affiliates provided by or on behalf of any of them shall remain
strictly confidential and secret and shall not be utilized, directly or
indirectly, by such party for its own business purposes or for any other
purpose except and solely to the extent that any such information is generally
known or available to the public through a source or sources other than such
party hereto or its affiliates.
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 Affiliate
Network, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and
the Affiliate Program will not exceed the total commissions paid or payable
to you under this Agreement.
Limited
License: We grant you a
nonexclusive, nontransferable, revocable right to access our site through
the Links solely in accordance with the terms of this Agreement, for the
sole purpose of linking your site to our site, solely for the purpose of
identifying your site as a participant in the Program and assisting in generating
sales. You may not alter, modify, or change the Links in any way. You are
only entitled to use the links to the extent that you are a member in good
standing of the CDstands.com Affiliate Program. We may revoke your license
anytime by giving you written notice.
Disclaimers: We make no express or implied warranties or representations
with respect to the CDstands.com Web site or the CDstands.com Affiliate Program
(including, without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of course of performance,
dealing, or trade usage). In addition, we make no representation that the
operation of our site will be uninterrupted or error-free, and we will not
be liable for the consequences of any interruptions or errors.
Termination:
The terms of this Agreement
will begin upon acceptance of your application. This Agreement shall commence
on the date of approval of your Affiliate Program application and shall continue
thereafter in full force and effect until terminated at any time by either
party by giving the other party written notice of termination. Upon termination
of this agreement for any reason, you will immediately cease use of, and
remove from your site, all Links to our site, and all CDstands.com trademarks,
trade dress, and logos, and all other materials provided by or on behalf
of us to you pursuant hereto or in connection with the Program.
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.
Anti-Spam
Policy: Affiliates will be
removed from the CDstands.com Affiliate Program and forfeit any pending
commissions if they are caught spamming. Spamming is not allowed and will
not be tolerated.
Independent
Contractors: You and CDstands.com
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.
Representations and
Warranties:You hereby represent
and warrant to us as follows:
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This Agreement has been duly and validly
executed and delivered by you and constitutes your legal, valid, and binding
obligation, enforceable against you in accordance with its terms.
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The development, operation, and contents
of your site do not infringe upon the copyright, trademark, or any other
right of any person or entity.
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
CDstands.com Affiliate Program and are not relying on any representation,
guarantee, or statement other than as set worth in this Agreement.
Fraud:
If you commit fraud or falsify
information in connection with the registration of members in CDstands.com
through the links on your site, this Agreement will be terminated immediately.
In addition, you will be liable to CDstands.com, and CDreview.com, for any
and all damages that CDstands.com suffers as a result of such actions. You
will also be responsible for returning to CDstands.com all commissions received
for fraudulent/falsified members, and we will not hesitate to pursue all
legal causes of action against you to the fullest extent possible under the
law.
Reservation of Rights:
CDstands.com may terminate
this Agreement at any time if your site is determined (at our sole discretion)
to be unsuitable for the Program, even if your site has not changed since
the time that your Affiliate Program application was accepted. CDstands.com
also reserves the right to monitor Affiliate sites at any time to determine
whether they are in compliance with this Agreement.
Governing
Law: This Agreement will
be governed by the laws of the United States and the State of New Jersey,
without reference to rules governing choice of laws. Any action relating
to this Agreement must be brought in the federal or state courts located
in Trenton, New Jersey, 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 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 a provision or any other
provision of this Agreement.
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