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Ownership and content of our and our clients sites remain our respective properties and shall not be deemed to have been transferred to the affiliate through any act or omission in respect of the affiliation agreement.
Ownership, content and liability for affiliate sites are the sole responsibility of the affiliate. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
It is the affiliates responsibility to follow the correct linking and tagging procedure to ensure new customer tracking and payment. The affiliate must ensure that our content is presented in accordance with our prescriptions.
Affiliate must ensure that any material posted on their site is legal and does not infringe copyright or violate any rights. 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, fee schedules, payment procedures, and referral program rules.
Any form of Spam will result in your account being placed under review and all funds due being withheld pending an investigation into your account.
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Should these expenses not be covered by funds in your account we reserve the right to investigate other alternative means for obtaining payment for example: Should your account not be active and be generating profit through commission payments we reserve the right to demand payment from the account holder.
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 paragraph.
This Agreement will be governed by the laws of Costa Rica without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Costa Rica and you irrevocably consent to the jurisdiction of its courts.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against you and us and our respective successors and assigns.
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None of our employees, officers or agents may verbally alter, modify or waive any provision of this Agreement. Our rights and remedies hereunder shall not be mutually exclusive, i.
You acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of this Agreement and, in the event of a breach or threatened breach of any provision of this Agreement, the respective rights and obligations of the parties may be enforceable by specific performance, injunction, or other equitable remedy.
Nothing contained in this Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of this Agreement, it being the intent of this provision to make clear that our respective rights and obligations shall be enforceable in equity as well as at law or otherwise.
Whenever possible, each provision of this Agreement shall be interpreted in such a manner as to be effective and valid under applicable law but, if any provision of this Agreement is held to be invalid, illegal or unenforceable in any respect, such provision will be ineffective only to the extent of such invalidity, or unenforceability, without invalidating the remainder of this Agreement or any provision hereof.
No waiver will be implied from conduct or failure to enforce any rights and must be in writing to be effective. The term of this Agreement will begin when you download a merchant banner and link it to our site and will be continuous unless and until either party notifies the other in writing that it wishes to terminate the Agreement, in which case this Agreement may be terminated immediately.
For purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification. You will be entitled only to those unpaid referral fees, if any, earned by you on or prior to the date of termination.
You will not be entitled to referral fees occurring after the date of termination. If you have failed to fulfil your obligations and responsibilities, we will not pay you the referral fees otherwise owing to you on termination.
We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. If we continue to permit activity generation of revenue from customers after termination, this will not constitute a continuation or renewal of this Agreement or a waiver of termination.
You will return to us any confidential information, and all copies of it in your possession, custody and control and will cease all uses of any trade names, trademarks, service marks, logos and other designations of the merchants.
You and we will be released from all obligations and liabilities to each other occurring or arising after the date of such termination, except with respect to those obligations that by their nature are designed to survive termination, as set out in this Agreement.
Termination will not relieve you from any liability arising from any breach of this Agreement, which occurred prior to termination.
Unsuitable sites may include those that: We make no express or implied warranties or representations with respect to the referral program or referral fee payment arrangements including, without limitation, their functionality, warranties of fitness, merchantability, legality, 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 site will be uninterrupted or error-free and will not be liable for the consequences of any interruptions or errors.
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