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The
BodyCare Affiliate Program
Terms & Conditions
By
signing up as an affiliate with 1BodyCare.com, you agree to the following Terms of
Service.
This
agreement is by and between 1BodyCare.com and/or their assigns and all subscribers.
Unless the context requires otherwise, 1BodyCare.com. 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 1BodyCare.com.
and/or their assigns does not guarantee or predict any type
of profit or response from said services. Subscriber agrees
to hold 1BodyCare.com 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 1BodyCare.com 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 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
1BodyCare.com 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 1BodyCare.com , 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.
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