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Terms of Service

The following are the Terms of Service for MyHomeBusiness.Com web-based service.

This Terms of Service is a legal document between you, the service user (referred herein as the "Client") and MyHomeBusiness.Com (referred herein as "Company"), owned and operated by MLM Leads LLC, a Kansas company, for the use of web-based service account (referred herein as the "Service").

By completing the Service order page and clicking the "Order Now" button, you are registering for the Service and you indicate that you are at least 18 years of age and that you understand and agree with the terms and conditions of this Agreement:

I understand that the Service system is a proprietary system created by the Company and that any and all information pertaining to that system is the exclusive property of the Company. Such systems and information may include, without limitation, all documents and materials, whether printed, graphic, or in machine-readable form, source or object code, or other tangible form, which is disclosed by the Company or its affiliates, relating to the development of certain software systems and technology relating to communication systems and services initially for the exchange of information between buyers and sellers via electronic means or any other means now known or hereafter devised, including, without limitation, all processes, hardware, software, inventions, know how, business methods, pricing, operating, performance, non-public technical and business information, financial statements, appraisals, list of inventories, list of clients or customers, business plans or forecast strategies, production plans and marketing plans relating thereto (the "Information" or the "System".) I hold the Company harmless for any and all injury incurred, either financially or personally, as a result of my use of the Service system and its technology.

In consideration of the disclosure of any proprietary information that I may come in contact with, I agree as follows:

1. The Information shall be treated as confidential and I shall not disclose that Information to any third party without the prior written consent of the Company. I acknowledge that the disclosure of all or any part of such Information may be detrimental to the interests of the Company and its affiliates and I shall take reasonably prudent measures to preserve the confidentiality of such information.

2. The Information shall not be used for any commercial purpose, reproduced in whole or part, nor revealed to others without prior written consent, of which consent may be withheld for any reason or no reason, and may be granted upon such terms as the Company chooses.

The content on the Service Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. The Company reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Service Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service Website or the Content therein.

3. User Submissions

(A) The Service Website may now or in the future permit the submission of videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the Company does not guarantee any confidentiality with respect to any submissions.

(B) You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the Service, you hereby grant the Company a worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Service Website and the Company's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Service Website (and derivative works thereof) in any media formats and through any media channels. The foregoing license granted by you terminates once you remove or delete a User Submission from the Service Website.

(C) In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Company all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the Company or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) impersonate another person. The Company does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the Company expressly disclaims any and all liability in connection with User Submissions. The Company does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and the Company will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. The Company reserves the right to remove Content and User Submissions without prior notice. The Company will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. The Company also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. The Company may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.

(D) In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;

(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;

(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Company's designated Copyright Agent to receive notifications of claimed infringement is:

MLM Leads LLC, PO Box 1415, Manhattan, KS 66505-1415, fax: 888-230-8753.

For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to the Service customer service through:

http://myhomebusiness.com/Contact.aspx.

You acknowledge that if you fail to comply with all of the requirements of this Section 3(D), your DMCA notice may not be valid.

(E) You understand that when using the Service Website, you will be exposed to User Submissions from a variety of sources, and that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Company with respect thereto, and agree to indemnify and hold the Company, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

(F) The Company permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, the Service provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Service website on the pages containing the Embeddable Player. The Company reserves the right to discontinue any aspect of the Service Website at any time.

4. Subscriber Conduct.

The Service retains the right, at its sole discretion, to determine whether or not a Client's conduct is consistent with the letter and spirit of the Terms of Service Agreement of the website and may terminate Service if a Client's conduct is found to be inconsistent with said Terms of Service Agreement.

I understand and acknowledge that the Service is not for children under the age of 18 and any such use is prohibited.

(A) I understand that any unauthorized use of the Service, or the resale of the Services, is expressly prohibited. I agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur through the Service. By way of example, and not as a limitation, I agree not to:

(i) Use the Service in connection with chain letters, junk email, pyramid schemes, illegal or unethical testimonials, cross soliciting, money games, spamming or any duplicative or unsolicited messages (commercial or otherwise);

(ii) Harvest or otherwise collect information about others, including email addresses, without their consent;

(iii) Create a false identity or forged email, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

(iv) Transmit through the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;

(v) Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

(vi) Libel, defame or slander any person, or infringe upon any person's privacy rights;

(vii) Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;

(viii) Violate any U.S. law regarding the transmission of technical data or software exported from the United States through the Service;

(ix) Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

(x) Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;

(xi) Interfere with another Affiliate's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or engage in any other activity that the Site believes could subject it to criminal liability or civil penalty or judgment.

(B) I understand that the Company and Service are committed to providing Clients with tools necessary to succeed in their business and their lead generation efforts. I understand and agree that the Company and Service bear no responsibility to me for the sending of email. I further agree and accept sole responsibility for email received and sent from the Service on my behalf. I agree to comply with the CAN-SPAM ACT and the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. Part 310 concerning the processing of personal data and the protection of privacy in the electronic communications sector.

(i)I understand that the Company does not condone nor tolerate the sending of unsolicited email by users of the system. I understand and acknowledge that I am solely responsible for mail received and/or sent on my behalf. I further understand that the Company will immediately terminate my service for violating the Service Anti Spam Policy as specified in that policy. In the event that my spamming has caused a Service service interruption, I understand that the Company will charge me a $1000 per hour fee until service is fully restored. I understand that I will not be eligible for a refund when my account has been terminated for violating the Anti Spam Policy. I understand that I forfeit all Affiliate commissions that were due me when my account has been terminated for violating the Anti Spam Policy. The Company reserves the right to take legal action against any member found violating this spam policy.

(ii) I understand that I may manually post leads into my Service account. I represent that all such contacts have specifically requested information that I wish to send them.

(iii) I understand that I cannot post leads into my account in an automated manner using 3rd party services or computer scripts that are designed to circumvent any Service lead import limit.

(iv) I understand that I cannot use 3rd party mailing services that include the Service subscription links or that include links to web pages where my Service web subscription form is located.

(v) Though leads posted into my account are the result of people filling out a form on a web page, I understand that contacting them may on occasion generate a complaint. As such, I understand and agree that the Company shall not be held liable in any manner whatsoever for any such complaint.

(C) You agree that the Company and Service reserves the sole right to ban ANY business from being promoted through the Service.

(D) You agree that you will not make any derogatory statements, either oral or written, or otherwise disparage the Company, the Service, the products, the employees, the services, work and or employment, and will take all reasonable steps to prevent others from making derogatory or disparaging statements. You agree that it would be impossible, impractical, or extremely difficult to fix the actual damages suffered by reason of a breach of this paragraph, and accordingly hereby agree that five thousand dollars ($5,000 USD) shall be presumed to be the amount of damages sustained by reason of each such breach, without prejudice to or right to also seek injunctive or other equitable relief.

5. I understand that the Company reserves the right to change or modify the Service fee, terms of this Agreement or deny services to anyone, without notice, for any reason, including but not limited to any unusual use of bandwidth and/or spamming.

6. I understand that I am responsible for providing the Company and Service with accurate contact and payment information at all times. The Company is not responsible for service interruptions that may result from my payment information becoming out of date.

7. I authorize the Company to charge the credit card listed in my online application form for the Company services provided on a month to month basis, and for any past due balances in order to bring the account balance current. I understand that credit card payments shall be billed and charged automatically. The Company may charge my credit card account at any time for any outstanding invoice.

8. I understand that accounts are considered past due when payment is not received within 3 days after the date of invoice. I understand that accounts that remain unpaid after 7 days may have their service interrupted or terminated. Such interruption or termination does not relieve me from financial obligation to pay the monthly charge. Outstanding balances are subject to a $10 late fee. I agree to pay the Company all reasonable expenses, including attorney and collection agency fees incurred by the Company to enforce the terms and conditions of this Service Agreement.

9. I understand that I am provided a total of 5 GB of data transfer per user account per billing month for the purposes of streaming my audio and video media from my Service account. I understand that additional data transfer is available per billing month at a rate of $3.97 per 1 GB of data transfer billed in advance in 1 GB increments.  I understand that my data transfer usage total is reset to 0 GB each time I am billed for the monthly service.

10. I agree that all information, files and email will be deleted from an unpaid account 15 days past due or when my membership is terminated by either party. If I choose to use the Company service again thereafter, I must reapply as a new member.

11. I acknowledge that my Service membership cannot be transferred or used by anyone other than me. I understand that any membership found in violation shall be subject to immediate termination.

12. I acknowledge that I may NOT resell, offer in whole or as part of any other service or product, imply ownership or co-ownership, rebrand or re-market any Service facilities or services without the express written consent of the Company. Any account found in violation of this is subject to termination without notice.

13. I agree that the Company shall have the right to suspend my service at any time for any reason without any prior notice. If service is to be suspended for more than 15 days, I will be notified in advance as to the reason.

14. I understand that the Company reserves the right to change the membership rates and charges.

15. I understand that all sales are final. First-time users that cancel their account within the 14 day trial period are eligible for a full refund, less transaction fees. Returning customers are not eligible for the 14 day trial period.

16. I understand that if I am dissatisfied with the Service or with any terms, conditions, rules, policies, practices or guidelines of the Company in providing the Service, I understand that my sole and exclusive remedy is to discontinue using the Service.

17. I understand that I may cancel my Service at any time. I understand I am required to use the Membership Cancellation Form when canceling my Membership. I understand that I can find the Service Cancellation form by navigating to "My Account >> Billing Summary >> Close My Account" within my Client account. There I will see instructions on how to close my account. Cancellation is considered in effect when confirmed by the automated Service email sent to me stating that the service has been cancelled. I understand that the Service does not accept phone cancellations of Service.

18. I understand that the Company will not refund any surcharged service charges, including but not limited to excess bandwidth usage. I understand that the Company does not issue refunds on any unused portion of a monthly Service or on excess bandwidth usage charges. I understand that my Client account shall provide me 5 GB of monthly media data transfer each billing period. Additional data transfer is available per billing period for $3.97 per 1 GB of data trasfer. Usage resets with each billing event.

19. I understand that all files, information, contacts, media, documents, landing pages and associated Client account information shall be preserved for 15 days from the date the payment is due. If payment is not received after 15 days, all Client account information shall be deleted from the Service. If the Client wishes to use the Service again, the Client shall re-apply with a new Client account.

20. I understand that the Company has the right to delete all Client data stored in the Service when the Client account is terminated, for any reason, by the Client or the Company or Service.

21. I understand that Client accounts can not be transferred or used by anyone other than the Client. Accounts that have been transferred to other parties or show other activity in violation of this paragraph, are subject to immediate cancellation.

22. I understand that I can not become an referred Service Member of my own Service Affiliate account.

23. 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

24. Disclaimers. We make no express or implied warranties or representations with respect to the Service or any products sold through the Service (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Service website will be uninterrupted or error-free, that defects will be corrected, or that any other website or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the website, the content thereof, the materials, information and functions made accessible by the Service software used on or accessed through the Service website, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked site. The Company will not be liable for the consequences of any interruptions or errors. The Company and the Service make no warranties and shall not be liable for the use of the Service website, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to the Company's or Service's negligence. If you are dissatisfied with the Service or any materials on the Service website, your sole remedy is to discontinue using the Service and the Service website.

The Company's partners, affiliates and any other entities represented on the Service website may be removed at any time and for any reason, with or without notice. The company cannot be held liable for any damage related from removal from the Service website. Under no circumstances shall the Company be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site including without limitation loss of revenue or anticipated profits or lost business, even if such entities or any authorized representative thereof have been advised of the possibility of such damages, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the Company or the Service, its parent companies, subsidiaries exceed in aggregate, $100 USD.

25. 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. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

26. Miscellaneous. This Agreement will be governed by the laws of the United States and the state of Kansas, without reference to rules governing choice of laws. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Service will be in the District Courts of Manhattan, KS, or the state courts in Topeka, Kansas or the federal courts Kansas City, Missouri. If any part of these Terms of Use is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

BY REGISTERING FOR THE SERVICE SYSTEM, I HEREBY ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THIS USAGE AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS.

Service Affiliate Agreement

This Agreement contains the complete terms and conditions that apply to an individual or entity's participation in the Service Affiliate Program (the "Program"). As used in this Agreement, "we" means the Company, and "you" means the applicant. "Site" means a World Wide Web site and, depending on the context, refers either to the Company's site located at the Service URL, or to the site that you will link to our site (as identified in your application).

1. Enrollment in the Program. To begin the enrollment process and become eligible to earn commissions, you must have an active paid Service account. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your content or Web site is unsuitable for the Program. Unsuitable content or Web sites include those that:

* Promote sexually explicit materials
* Promote violence
* Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
* Promote illegal activities
* Include the Service name or variations or misspellings thereof in their domain names
* Otherwise violate intellectual property rights

If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.

Your affiliate enrollment ends when your Service Client account is closed or when you cancel your Service account. Unpaid commissions are forfeited when a Service account is closed.

2. Links on Your Site. Once you have been notified that your site has been accepted into the Program, you may provide a general link on your site to our Service home page. We will provide you with guidelines and graphical artwork to use in linking to our home page. To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special "tagged" link formats to be used in all links between your site and our site. You must ensure that each of the links between your site and our site properly utilizes such special link formats. Links to our site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as "Special Links." You will only earn referral fees with respect to activity on our site occurring directly through Special Links: we will not be liable to you with respect to any failure by you to use Special Links, including to the extent that such failure may result in any reduction of amounts which would otherwise be paid to you pursuant to this Agreement.

3. Order Processing. We will process Service orders placed by customers who follow special links from your website to our website. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will track sales made to customers who purchase products using special links from your site to our site and will make available to you reports summarizing this sales activity. The form, content, and frequency of the reports may vary from time to time at our discretion.

4. Referral Fees. We will pay you (in accordance with Sections 5 and 6 below) referral fees on certain Product sales to third parties. For a Product sale to be eligible to earn a referral fee, the customer must follow a Special Link from your site to our site, select and purchase the Product using our automated ordering system, accept delivery of the Product at the shipping destination, and remit full payment to us. You may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); or (b) post any Special Links on any Web site or other platform that is accessible through any Internet Access Appliance. If we determine, in our sole discretion, that you have offered any person or entity any such consideration or incentive, or posted Special Links on any such Web site or platform, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement. Excess bandwidth usage and/or toll-free usage are non-commissionable.

5. Referral Fee Schedule. You will earn referral fees based solely on the sale of Service accounts. The current referral fee schedule is 33% commission on each Service account sale originated by you from your affiliate Website (Level One); 5% commission on each Service account sale originated by your affiliate Website (Level Two). Commissions are paid on a recurring basis for as long as the Service bills the referred members. Bandwidth overage charges are non-commissionable.

6. Referral Fee. Payment Affiliate commission payments are made available every 30 days and are typically paid out within 15 days of the previous month's activity. All payments shall be made in U.S. Dollars via PayPal. The Company reserves the right to hold commission payments until commission payout is $20 or more. In the event that the commission payment is less than $20, that commission amount will be added to the next month's commission total. A $5.00 check-processing fee shall be deducted from the check amount in the event that a check payment is issued instead of a PayPal payment.

To request a commission payment, Service Affiliates must request a payment using the "Request Payment" button or link viewable on the Affiliate Summary page.

7. Policies and Pricing. Customers who buy services through this Program will be deemed to be customers or Clients of the Company and the Service. Accordingly, all the Company and Service rules, policies, and operating procedures will apply to those customers. We may change our policies, operating procedures and prices at any time.

8. Identifying Yourself as an Affiliate. We will make available to you an affiliate web site with a unique URL that identifies you as a Program participant. In order to be credited for a Service account sale, your visitors must enter the Service website via your Affiliate URL. These visitors will be tracked with your id and you will be credited for any sale associated with those visitors. You may not make any press release with respect to this Agreement or your participation in the Program without our prior written consent, which may be given or withheld in our sole discretion. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that the Company or Service supports, sponsors, endorses or contributes money to any charity or other cause). As an affiliate, you agree not to send any spam Email to announce your Company or Service affiliation. This action will result in your immediate termination and will cancel any pending commissions that may be pending.

9. Limited License. We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.

10. Term of the Agreement. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party or when the Client closes their Service Client account. Either you or we may terminate this Agreement at any time, with or without cause. Upon the 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 Company or Service 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. You are only eligible to earn referral commissions on the Service sales during the term, and referral fees earned through the date of termination will remain payable only if the related sales are not canceled or returned or rules of this agreement were not violated by you. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

11. 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 our site. Modifications may include, for example, changes in the scope of available referral fees, referral 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.

12. Relationship of Parties. You and we 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. as an independent contractor, you are responsible for your own local, state, or federal taxes.

13. 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 Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

14. Disclaimers. We make no express or implied warranties or representations with respect to the Service or any products sold through the Service (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Service website will be uninterrupted or error-free, that defects will be corrected, or that any other website or the server that makes it available is free of viruses or other harmful components; nor do they make any warranty or representation as to the accuracy or reliability of the website, the content thereof, the materials, information and functions made accessible by the Service software used on or accessed through the Service website, any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the website or any linked site. The Company will not be liable for the consequences of any interruptions or errors. The Company and the Service make no warranties and shall not be liable for the use of the Service website, including without limitation, the content and any errors contained therein under any direct or indirect circumstances, including but not limited to the Company's or Service's negligence. If you are dissatisfied with the Service or any materials on the Service website, your sole remedy is to discontinue using the Service and the Service website.

The Company's partners, affiliates and any other entities represented on the Service website may be removed at any time and for any reason, with or without notice. The company cannot be held liable for any damage related from removal from the Service website. Under no circumstances shall the Company be liable for any special, incidental or consequential damages that are directly or indirectly related to the use of, or the inability to use, the content, materials and functions in the site including without limitation loss of revenue or anticipated profits or lost business, even if such entities or any authorized representative thereof have been advised of the possibility of such damages, some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of the Company or the Service, its parent companies, subsidiaries exceed in aggregate, $100 USD.

15. 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. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

16. Miscellaneous. This Agreement will be governed by the laws of the United States and the state of Kansas, without reference to rules governing choice of laws. The parties to this Agreement each agree that the exclusive venue for any dispute between the parties arising out of these Terms of Use or pertaining to the subject matter of these Terms of Service will be in the District Courts of Manhattan, KS, or the state courts in Topeka, Kansas or the federal courts Kansas City, Missouri. If any part of these Terms of Use is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Louisiana residents only: In the event of a dispute for jurisdictional purposes, a user shall be entitled to file an adjudicatory claim or lawsuit in the jurisdiction of Louisiana and the governing law shall be Louisiana law.
 
 
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