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By
signing up as an affiliate with ToothSoap.com, you agree to the following
Affiliate Terms of Service.
This agreement
is by and between ToothSoap.com and/or their assigns and all affiliates.
Unless the context requires otherwise, ToothSoap.com. and/or their assigns
shall be referred to as "us, we, or our" and you shall be referred to
as "you, your or affiliate."
You understand
that ToothSoap.com. and/or their assigns does not guarantee or predict
any type of profit or response from said services. affiliate agrees to
hold ToothSoap.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 ToothSoap.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 web site for sales
you refer to us using your affiliate link.
B. No Warranties
WE MAKE NO
WARRANTIES TO YOU OF ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT TO THE
SERVICE ToothSoap.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.
C. 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.
(5) not to post
your affiliate link on company websites (i.e., ToothSoap.com), our blog(s),
and on social media web sites such as Facebook.com, LinkedIn.com, Plaxo.com,
Twitter.com and YouTube.com where the account on such web site is owned
and operated by the company, ToothSoap.com. While you are free to post
"comments" on those web pages, you are not allowed to post
your affiliate link we provide you or a domain name linked to your affiliate
link.
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..
D. Termination
We may terminate
your account:
(a) if
you violate our Terms Of Service Policy
(b) promote
ToothSoap.com in a manner that is unethical or inappropriate; or
(c) for
any reason, in our sole discretion.
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 &
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 affiliate, 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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