The Affiliate Marketing Edge Web Site Agreement
The The Affiliate Marketing Edge Web Site (the "Site") is an online
information service provided by The Affiliate Marketing Edge ("The
Affiliate Marketing Edge "), subject to your compliance with the terms
and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY
BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE,
YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF
YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT
ACCESS OR USE THE SITE. The Affiliate Marketing Edge MAY MODIFY THIS
AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE
IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE. YOU
AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL BE
DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international
copyright and trademark laws. The owner of the copyrights and
trademarks are The Affiliate Marketing Edge, its affiliates or other
third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH,
UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON
THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may
print and download portions of material from the different areas of
the Site solely for your own non-commercial use provided that you
agree not to change or delete any copyright or proprietary notices
from the materials. You agree to grant to The Affiliate Marketing Edge
a non-exclusive, royalty-free, worldwide, perpetual license, with the
right to sub-license, to reproduce, distribute, transmit, create
derivative works of, publicly display and publicly perform any
materials and other information (including, without limitation, ideas
contained therein for new or improved products and services) you
submit to any public areas of the Site (such as bulletin boards,
forums and newsgroups) or by e-mail to The Affiliate Marketing Edge by
all means and in any media now known or hereafter developed. You also
grant to The Affiliate Marketing Edge the right to use your name in
connection with the submitted materials and other information as well
as in connection with all advertising, marketing and promotional
material related thereto. You agree that you shall have no recourse
against The Affiliate Marketing Edge for any alleged or actual
infringement or misappropriation of any proprietary right in your
communications to The Affiliate Marketing Edge.
TRADEMARKS.
Publications, products, content or services referenced herein or on
the Site are the exclusive trademarks or servicemarks of The Affiliate
Marketing Edge. Other product and company names mentioned in the Site
may be the trademarks of their respective owners.
2. Use of the Site.
You understand that, except for information, products or services
clearly identified as being supplied by The Affiliate Marketing Edge,
The Affiliate Marketing Edgedoes not operate, control or endorse any
information, products or services on the Internet in any way. Except
for The Affiliate Marketing Edge- identified information, products or
services, all information, products and services offered through the
Site or on the Internet generally are offered by third parties, that
are not affiliated with The Affiliate Marketing Edge a. You also
understand that The Affiliate Marketing Edge cannot and does not
guarantee or warrant that files available for downloading through the
Site will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties. You
are responsible for implementing sufficient procedures and checkpoints
to satisfy your particular requirements for accuracy of data input and
output, and for maintaining a means external to the Site for the
reconstruction of any lost data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE
AND THE INTERNET. The Affiliate Marketing Edge PROVIDES THE SITE AND
RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED
WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING
WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR
SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND
The Affiliate Marketing Edge SHALL NOT BE LIABLE FOR ANY COST OR
DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH
TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE,
SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE
SERVICE OR ON THE INTERNET GENERALLY. The Affiliate Marketing Edge
DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE
OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET
CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY
BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
The Affiliate Marketing Edge HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL The Affiliate Marketing Edge BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT
LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR
INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY
OF SUCH INFORMATION OR SERVICE. EVEN IF The Affiliate Marketing Edge
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION
DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES,
The Affiliate Marketing Edge LIABILITY IS LIMITED TO THE GREATEST
EXTENT PERMITTED BY LAW.
The Affiliate Marketing Edge makes no representations whatsoever
about any other web site which you may access through this one or
which may link to this Site. When you access a non-The Affiliate
Marketing Edge web site, please understand that it is independent from
The Affiliate Marketing Edge, and that The Affiliate Marketing Edge
has no control over the content on that web site. In addition, a link
to a The Affiliate Marketing Edge web site does not mean that The
Affiliate Marketing Edge endorses or accepts any responsibility for
the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless The Affiliate
Marketing Edge, its officers, directors, employees, agents, licensors,
suppliers and any third party information providers to the Service
from and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any
other person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of The Affiliate Marketing Edge
and its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Service. Each of
these individuals or entities shall have the right to assert and
enforce those provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at
any time for any reason. The provisions of paragraphs 1 (Copyright,
Licenses and Idea Submissions), 2 (Use of the Service), 3
(Indemnification), 4 (Third Party Rights) and 6 (Miscellaneous) shall
survive any termination of this Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance
with the laws of The United States of America applicable to agreements
made and to be performed in The United States of America. You agree
that any legal action or proceeding between The Affiliate Marketing
Edge and you for any purpose concerning this Agreement or the parties'
obligations hereunder shall be brought exclusively in a federal or
state court of competent jurisdiction sitting in The United States of
America . Any cause of action or claim you may have with respect to
the Service must be commenced within one (1) year after the claim or
cause of action arises or such claim or cause of action is barred. The
Affiliate Marketing Edge's failure to insist upon or enforce strict
performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct
between the parties nor trade practice shall act to modify any
provision of this Agreement. The Affiliate Marketing Edge may assign
its rights and duties under this Agreement to any party at any time
without notice to you.
Any rights not expressly granted herein are reserved.
©2008
www.TheAffiliateMarketingEdge.com
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