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By
signing up as an affiliate with Silk &
Stone Designs, Inc., you agree to the
following Terms of Service.
This
agreement is by and between Silk & Stone
Designs, Inc. and/or their assigns and all
subscribers. Unless the context requires
otherwise, Silk & Stone Designs, Inc.
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 Silk & Stone Designs, Inc.
and/or their assigns does not guarantee or
predict any type of profit or response from
said services. Subscriber agrees to hold Silk
& Stone Designs, Inc 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 Silk & Stone Designs, Inc 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 by us for
referral sales made by customers.
B.
Termination. We may terminate your account:
(a)
if you violate our Terms Of Service Policy;
(b) promote Silk & Stone Designs, Inc 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 Silk & Stone Designs, Inc.,
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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