These Terms and Conditions govern participation in the SiteServing Affiliate Program (hereinafter, the "Affiliate Program", the "SiteServing Affiliate Program", or the "Program"), which is offered by SiteServing, LLC, its subsidiary companies, affiliate companies, successors and assigns (hereinafter collectively referred to as "SiteServing"), which operates web sites accessible through www.siteserving.com and siteserving.com, among other URLs (collectively referred to as the "SiteServing Network").
The Program is offered to individuals or entities operating other web sites subject to these Terms and Conditions. The term "Affiliate" shall refer to any individual or entity who joins the SiteServing Affiliate Program and accepts these Terms and Conditions by clicking the "Submit Your Information" button at https://ssa.siteserving.com/signup.php to subsequently create an affiliate account and anyone referring sales to SiteServing in return for compensation.
1.0 SiteServing Affiliate Program
The SiteServing Affiliate Program enables users to add certain links and promotional features to their web sites for which they will be eligible for compensation in accordance with, and subject to, these Terms and Conditions. SiteServing reserves the right, in its sole discretion, to alter the Affiliate Program at any time for any reason or for no reason at all.
2.0 Regristration and Acceptance
2.1 Age of Consent.
By registering for the Affiliate Program and accepting these Terms and Conditions, the Affiliate represents and warrants that he or she is of the legal age of consent in all-applicable jurisdictions and, in any event, is at least 18 years of age.
2.2 Authority to Participate
By registering for the Affiliate Program and accepting these Terms and Conditions, Affiliate represents and warrants that he or she can lawfully bind him or herself to these Terms and Conditions and can lawfully participate in the Program in the jurisdiction(s) where Affiliate is located. No Affiliate may participate in the Program where doing so would be prohibited by any law or regulation having the force of law applicable to Affiliate.
2.3 Content of Affiliates Web Site(s).
By registering for the Affiliate Program and accepting these Terms and Conditions, the Affiliate represents and warrants that his/her web site(s) does not and will not contain, display, promote or include obscene, indecent, violent, discriminatory, illegal, pornographic, or adult content, including, but not limited to, text, graphics and images. By registering for the Program and accepting these Terms and Conditions, Affiliate represents and warrants that his/her web site(s) contains and displays content (including, but not limited to, text, graphics and images) in addition to the links, promotional materials, and branding made available pursuant to the Program.
2.4 Information Submitted by Affiliate.
By accepting these Terms and Conditions, Affiliate represents and warrants: (i) that all information submitted by Affiliate in registering for the Program is true, accurate, current, and complete; and (ii) that the Affiliate shall maintain and update information submitted in registering for the Affiliate Program in order to keep it true, accurate, current and complete at all times. If any information that Affiliate submits in the registration process is untrue, inaccurate, not current or incomplete, SiteServing shall have the right to terminate the Affiliate's participation in the Affiliate Program, in addition to other remedies available to it under law, all of which are expressly reserved.
2.5 Binding Acceptance.
In order to participate in the Affiliate Program, the Affiliate will be required to enter certain registration information and to click on the "Submit Your Information" button at https://ssa.siteserving.com/signup.php and subsequently create an affiliate account. By providing registration information and clicking the "Submit Your Information" button, the Affiliate agrees to be bound by these Terms and Conditions. If these Terms and Conditions or any future amendment or modification thereto are unacceptable to the Affiliate, the Affiliate may cancel its participation in the Affiliate Program pursuant to Section 8 regarding termination.
2.6 Modification and Amendment of Terms and Conditions.
SiteServing may amend or otherwise modify all or part of these Terms and Conditions at any time. Affiliate agrees that SiteServing's posting of any amendments or modifications to this website (https://ssa.siteserving.com/) and notification to the affiliate via email to the email address supplied by the Affiliate to SiteServing shall constitute adequate notice to the Affiliate. If any material modification to these Terms and Conditions is unacceptable to the Affiliate it shall be the Affiliate's responsibility to terminate their affiliation as provided in Section 8 of this Agreement. If the Affiliate does not terminate this Agreement within ten (10) days of the material modification then the Affiliate's continued affiliation will constitute acceptance by the Affiliate of the amended or modified Terms and Conditions of this Agreement.
3.0 Affiliate's Obligations
3.1 Responsibility for Web Sites.
The Affiliate acknowledges and agrees that he or she shall be solely responsible for the Affiliate's web site(s) and all content, products, services, and/or links displayed on or made available through or in connection with such web site(s). Affiliate shall not publish any content harming, disparaging, or damaging SiteServing's reputation in any manner.
3.2 Affiliates Hosting with SiteServing.
Affiliate acknowledges and agrees that SiteServing's Affiliate Program is not designed for Affiliates to receive commissions for their own hosting account and no such commissions will be paid to Affiliate, unless the Affiliate clearly states that it's for "Evaluation Purposes." If Affiliate purchases hosting services for its own use from SiteServing, SiteServing may deduct such hosting fees from commissions due to Affiliate.
3.3 Use of Links, Promotional Materials, and Branding.
Affiliate agrees that he or she will only use the links, promotional materials, and branding made available by SiteServing through the Affiliate Program in the precise manner and mode by which such links, promotional materials, and branding are made available pursuant to the Affiliate Program. The Affiliate further agrees that he or she will only use such links, promotional materials, and branding for the purpose of establishing links to the SiteServing web site, referring users to the services made available on the SiteServing web site, and promoting SiteServing as an entity as well as SiteServing’s services. Additionally, the Affiliate agrees that he or she will only use the links, promotional materials, and branding made available pursuant to the Affiliate Program as additions to the content displayed on his/her web site(s) and that such links, promotional materials, and branding shall not be the sole content on his/her web site(s). The Affiliate agrees that he or she will always identify himself or herself as an Affiliate when promoting SiteServing's services (i.e. through any SEM (Search Engine Marketing) marketing campaigns) by putting the word "Affiliate" in such ads to avoid confusion.
3.4 Prohibited Conduct.
Affiliate acknowledges, represents, and warrants as follows:
- A. The Affiliate is prohibited from using language in advertising campaigns such as "Official Site", "Main Site", Official Representative", or any other language that might confuse viewer of such an advertisement. SiteServing reserves the right in its sole discretion to determine what language or action might confuse viewers.
- B. The Affiliate will not alter the links, promotional materials, and branding made available pursuant to the Affiliate Program and will only use such links, promotional materials, and branding in the exact shape, colors, design, and configuration in which such items are made available pursuant to the Affiliate Program.
- C. The Affiliate will display all links, promotional materials, and branding made available pursuant to the Program alone, with reasonable spacing between each side of such item and other graphic or textual elements.
- D. The Affiliate will not use any links, promotional materials, and branding of SiteServing other than those made available through the Affiliate Program.
- E. The Affiliate will not claim or hold itself out as claiming any sponsorship by, endorsement by, or affiliation with SiteServing or its related or subsidiary companies, successors, and assigns.
- F. The Affiliate will not use the word "SiteServing", "siteserving", or any variation thereof in its domain name.
- G. Affiliate will not use any computer program, robot, or other device, which causes SiteServing to record a click-through or sale where no such click-through or sale has occurred.
- H. The Affiliate will not violate or encourage any third party or entity to violate any law or regulation, including, but not limited to, laws prohibiting the sale of certain goods and services, laws prohibiting the export of certain goods or services, and laws prohibiting the obscenity.
- I. The Affiliate will not defame, impersonate or invade the privacy of any third party or entity or encourage any third party or entity to do the same.
- J. The Affiliate will not engage in any conduct that infringes the rights of any third party, including, but not limited to, the intellectual property, business, contractual, or fiduciary rights of others or encourage any third party or entity to do the same.
- K. The Affiliate will not place links, promotional materials or branding made available through this Affiliate Program on a web site(s) that violates or encourages others to violate any applicable law or regulation, or that includes offensive or hate content, or that promotes discrimination based on race, sex, religion, sexual orientation, nationality, disability, or age.
- L. The Affiliate will ensure that its web site(s) will not inhibit a user's ability to return to the SiteServing Network.
3.5 Audit. SiteServing shall make available online to the Affiliate activity reports from which the number of SiteServing sales made by visitors to Affiliate are viewable.
3.6 Email and Phone Contact. Affiliate hereby permits SiteServing to contact the Affiliate through email and phone and at the Affiliate's mailing address, provided to SiteServing by the Affiliate, for the duration of this agreement. Due to SiteServing's need to communicate with its Affiliates, the Affiliate cannot "opt-out" of SiteServing's Affiliate mailing lists or phone list unless the Affiliate terminates its entire Affiliate relationship with SiteServing.
4.0 Affiliate's Authority
Affiliate represents and warrants as follows:
- A. The Affiliate has full power and authority under all applicable laws and regulations to accept and by bound by these Terms and Conditions.
- B. The Affiliate has full power and authority under all applicable laws and regulations to promote SiteServing by displaying the links, promotional materials, and branding offered through the Affiliate Program, including but not limited to holding all necessary licenses, consents, and approvals from all private and governmental entities in all applicable jurisdictions necessary to display the links, promotional materials, and branding.
- C. The Affiliate has full power and authority under all applicable laws and regulations to receive compensation in accordance with these Terms and Conditions for displaying the links, promotional materials, and branding offered through the Program, including but not limited to holding all necessary licenses, consents, and approvals from all private and governmental entities in all applicable jurisdictions necessary to display the links, promotional materials, and branding.
- D. The Affiliate has full power and authority under all applicable laws and regulations to copy and display the materials (including but not limited to text, graphics and images) used or displayed at The Affiliate's web site(s), including but not limited to holding all necessary licenses with respect to materials owned by third parties.
5.0 Proprietary Rights
The Affiliate is hereby granted a non-exclusive, non-transferable license to copy onto and display from Affiliate's web site(s) the links, promotional materials, and branding made available through the Affiliate Program in accordance with, and subject to, these Terms and Conditions during such time as the Affiliate is eligible to participate, and is, in fact, participating, in the Affiliate Program. Except as expressly stated herein, the Affiliate shall not make any other use of the links, promotional materials, and branding made available through the Affiliate Program.
5.2 SiteServing Intellectual Property.
The Affiliate acknowledges and agrees that the content made available through the Program, including, but not limited to, links, promotional materials, and branding, and the content and services available through the SiteServing Network are protected by SiteServing's copyrights, trademarks, patents, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 5.1 above.
5.3 Unauthorized Access.
The Affiliate shall not attempt, directly or indirectly, to gain unauthorized access to any servers controlled, in whole or in part, by SiteServing or to any servers controlled, in whole or in part by any other third party that may provide services in connection with the Affiliate Program.
5.4 Notifications of Intellectual Property Infringement.
SiteServing processes, investigates, and responds to notifications of alleged infringement in accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to:
Legal Department - DMCA Complaints
3126 W Cary St. #413
Richmond, VA 23221
The words "Notice of Infringement" should be put in the subject line of all such notifications. SiteServing will respond to all other notifications of claimed infringement of intellectual property rights in accordance with applicable laws.
5.5 Notifications of Claimed Infringement by the Affiliate. The
Affiliate agrees to assume sole responsibility for compliance by the Affiliate and Affiliate's web site(s) with all applicable intellectual property laws and all other laws. In the event that SiteServing should receive any notification of claimed infringement by the Affiliate, the Affiliate agrees to cooperate with SiteServing in expeditiously responding to such notification and resolving any claim of infringement.
SiteServing shall compensate each Affiliate in accordance with SiteServing's then current commission schedule for each verified sale by a visitor to Affiliate which results in a new SiteServing customer who remains in good standing for a period of at least 61 days after signup. The affiliate’s one-time commission per sale is dependent upon the amount of new customers provided within a calendar month in the table outlined below. To qualify as a verified sale, the visitor must use a link provided by SiteServing to the Affiliate for purposes of this Affiliate Program. The determination of whether a sale is verified is in the sole discretion of SiteServing and all such determinations by SiteServing are final.
1 or more sales (including initial sale)
6 or more sales (including initial sale)
16 or more sales (including initial sale)
20 or more sales (including initial sale)
6.2 Time of Payments and Minimum Commissions. Subject to the terms of this Agreement, commissions shall be paid to the Affiliate once per month for all commissions eligible. SiteServing reserves the right to deduct any/all hosting fees from commissions due to the Affiliate in the event that Affiliate purchases hosting services from SiteServing. SiteServing reserves the right to suspend payment of the Affiliate commission indefinitely if it suspects improper activity or a potential breach of any of the terms of this Agreement. SiteServing reserves the right to deduct from Affiliate's commission payment any and all commissions corresponding to any fraudulent, questionable, and/or cancelled SiteServing purchases. Where no subsequent commission is due and owing, SiteServing will send the Affiliate an invoice for the balance of such refunded sale upon termination of the program or termination of customer and Affiliate will provide payment within ninety (90) days of the date of such invoice.
6.3 Form of Payment. SiteServing will make payments to the Affiliate by PayPal. The affiliate understands and agrees that he or she is responsible for paying any or all of the fees levied by PayPal for the transaction originating from the SiteServing commission payment.
6.4 Forfeiture of Accrued Commissions in Cases of Breach. Any Affiliate who violates these Terms and Conditions will immediately forfeit all rights to any and all accrued commissions.
6.5 Liability for Damages due to Certain Activities. In the event of any criminal, illegal, unethical, and/or any activity which might damage SiteServing's reputation or business during the term of this agreement and within twelve (12) months after such termination date, the Affiliate hereby agrees to indemnify SiteServing for any damages said activities may cause. Due to the fact that actual damages are difficult to ascertain the Affiliate hereby understands, consents, and agrees that SiteServing may demand and receive full and complete repayment of any and all commissions paid out to Affiliate since establishing such relationship with the Affiliate as liquidated damages or the sum of $75,000, whichever is greater.
6.6 Waiver. Affiliate expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.
6.7 Disputes. Affiliate has access to SiteServing's real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within fifteen (15) days after the end of the month in which the sale or event that is disputed occurred. SiteServing will not accept disputes filed after fifteen (15) days of the date on which the sale occurred and the Affiliate waives and forfeits forever any rights to a potential claim.
6.8 Pending Commission Status. All commissions earned within the previous sixty (60) days by the Affiliate will stay in "Pending" state until such time as they are due to be paid. While the commissions are in the "Pending" state, they are eligible to be reversed, adjusted, or otherwise modified without the consent of the Affiliate. The affiliate agrees and understands that commissions will only be paid for fully qualified sales of web hosting services, which does not include; Hosting Licenses, Domain Registrations, SSL Certificates and/or any other web hosting complimentary service and/or product.
Furthermore, the Affiliate agrees that commissions will not be paid for any customer who already has or had an established account at SiteServing and/or any customer which downgrades his or her web hosting service prior to the completion of the initial subscription term. Should either case happen, the commission associated with the downgraded customer will be automatically be reversed from the affiliates current earnings. The Affiliate expressly understands that no commissions are to be paid until the Affiliate has reached a payment minimum of one hundred ($100.00 USD) United States dollars.
Additionally, SiteServing reserves the right to poll the status of any/all web hosting accounts referred by the Affiliate in order to determine the web hosting accounts validity. If the web hosting account in question is found not to be used, accessed, or otherwise available online. SiteServing is permitted under this clause to avoid any/all commissions associated with the web hosting account.
Finally, The affiliate agrees and understands that SiteServing will run promotions in order to encourage visitors to purchase web services. Any sales derived by the affiliate during promotions will be automatically adjusted to a flat rate of twenty-five ($25 USD) United States dollars per sale. Upon the completion of the promotion, the affiliates commission rate will then return to its previous rate for any subsequent sales there after.
6.9 Incentivized Traffic. The Affiliate understands and agrees that the SiteServing Affiliate Program does not accept sales derived from incentivized traffic and/or websites. If such activity is found on an Affiliate’s website, the Affiliate’s participation within the Affiliate Program will be terminated without prior notice.
The term "Confidential Information" means any information or material, which is proprietary to SiteServing, whether or not owned or developed by SiteServing, which is not generally known other than by SiteServing, and which the Affiliate may obtain through any direct or indirect contact with SiteServing or SiteServing's customers such as, but not limited to business records and plans, financial statements, customer lists and records, any customer correspondence concerning SiteServing, credit card information, technical information, pricing structure, source code and/or object code, copyrights and intellectual property, competitive information, and other proprietary information. The Affiliate represents that he or she will protect any confidential material and information, which may be disclosed between SiteServing, SiteServing's customers and the Affiliate at all times. The Affiliate understands and acknowledges that the Confidential Information has been developed or obtained by SiteServing by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of SiteServing, which provides SiteServing with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, the Affiliate agrees to hold in strictest confidence and to not disclose under any and all circumstances the Confidential Information to any person or entity without the prior written consent of SiteServing. The Affiliate will not copy or modify any Confidential Information without the prior written consent of SiteServing. Further, the Affiliate shall not disclose any Confidential Information to any of Affiliate's customers, contractors, agents or employees, except those contractors or employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Each permitted person to whom Confidential Information is disclosed shall sign a non-disclosure agreement substantially the same as this Agreement at the request of SiteServing, while the Affiliate continues to remain liable to SiteServing for the execution of this Agreement. If it appears that the Affiliate has disclosed or has threatened to disclose Confidential Information in violation of this Agreement, SiteServing shall be entitled to an injunction to restrain the Affiliate from disclosing, in whole or in part, the Confidential Information. SiteServing shall not be prohibited by this provision from pursuing other remedies, including but not limited to a claim for losses and damages.
The Affiliate's participation in the Affiliate Program is terminable at any time and for any reason or for no reason at all by either party by providing written notice of termination to the other party. Without limiting the foregoing, Affiliate's participation in the Program shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's change in taxpayer status pursuant to Section 6.1 or upon the Affiliate's violation of any of these Terms and Conditions or of any applicable law or regulation. In addition, without limitation, Affiliate's participation in the Affiliate Program may be terminated where SiteServing, in its sole discretion determines: (1) that any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s) are obscene, indecent, vulgar, offensive, dangerous, slanderous, reputation damaging or are otherwise deemed inappropriate by SiteServing, in its sole discretion; or (2) that the Affiliate or Affiliate's web site(s) is or has become the subject of a government complaint or investigation.
8.2 Notice of Termination.
SiteServing and Affiliate shall provide notice of termination pursuant to Section 16.0 governing notices. Where the Affiliate's participation in the Affiliate Program is terminated automatically as described in Section 8.1 above, no notice of termination need be provided for such termination to be effective.
8.3 Effect of Termination.
Upon termination, the Affiliate shall immediately cease and desist from exercising any rights conferred by these Terms and Conditions, including, without limitation, from making any use of the links, promotional materials, trademarks, and branding made available through the Affiliate Program. Upon termination, the Affiliate may not register for any subsequent participation in the Affiliate Program or rejoin the Program, without the prior, written consent of SiteServing, which may be withheld or refused in the sole discretion of SiteServing.
The provisions of Sections 3.1, 3.4, 4.0, 5.0, 6.4, 6.5, 6.6, 6.7, 6.8, 6.9, 7.0, 8.0, 9.0, 10.0, 11.0, 12.0, 13.0, 16.0, 17.0, 18.0, 19.0, 21.0, and 22.0 shall survive any termination of Affiliate's participation in the Program.
9.0 Affiliate's Privacy
9.1 Privacy and Third Parties.
SiteServing may provide to third parties any information that the Affiliate submits in registering for the Affiliate Program and/or the Affiliate, as SiteServing deems necessary.
9.2 Social Security Number or Taxpayer Identification Number.
Any Affiliate who is a United States citizen or resident or other non-foreign person acknowledges that Affiliate's United States social security number or taxpayer identification number will be provided on any Internal Revenue Service Forms 1099 or any other tax forms required to be furnished to the Affiliate and provided to the Internal Revenue Service to reflect commissions earned pursuant to the Program.
The Affiliate shall receive a password to access Affiliate's account. The Affiliate is entirely responsible for any and all activities which occur under Affiliate's password. Affiliate agrees to keep its password strictly confidential, to allow no other person or company to use its password, and to notify SiteServing promptly if the Affiliate has any reason to believe that the security of its account has been violated.
9.4 Technical Access.
The Affiliate acknowledges and agrees that the technical processing of Affiliate's registration information is and may be required: (a) for the Program to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Program; or (d) to conform to other, similar technical requirements. The Affiliate also acknowledges and agrees that SiteServing may access the Affiliate's account and its contents at any time as necessary to identify or resolve technical problems or respond to complaints about the Affiliate Program or for any other reason SiteServing sees fit; provided, however, that nothing in this Section shall impose such a duty on SiteServing.
The Affiliate agrees to indemnify and hold harmless SiteServing, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including, without limitation, penalties, interest, reasonable attorneys' fees and costs claimed, demanded, or incurred in connection with any claim or demand, made by any third party due to or arising directly or indirectly out of the Affiliate's conduct, Affiliate's web site(s), Affiliate's participation in the Affiliate Program, any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s), any claim that SiteServing is obligated to pay tax obligations in connection with compensation paid to the Affiliate pursuant to the Affiliate Program, any alleged violation of these Terms and Conditions, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to the Affiliate's use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Affiliate's web site(s). SiteServing reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the Affiliate, but doing so shall not excuse the Affiliate's indemnity obligations. SiteServing shall have the right to participate in the defense of all claims pursuant to this Section.
11.0 Tax Obligations
The Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with the Affiliate's participation in the Affiliate Program, including, without limitation, foreign taxes, United States federal, state, and local withholding taxes, FICA, FUTA, Social Security, Medicare, SUI, and any other such taxes and deductions ("Taxes") with respect to any earnings or payments made hereunder, whether or not SiteServing legally is required to deduct said Taxes from the payments due to the Affiliate hereunder. The Affiliate understands and agrees that SiteServing shall not be responsible for withholding any Taxes from any payments due to the Affiliate. The Affiliate agrees to indemnify and reimburse SiteServing from any claim for assessment of Taxes by any foreign, United States federal, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this Section.
12.0 Disclaimer of Warranties and Limitation of Liability
12.1 Earnings Disclaimer.
Any earnings or income statements, or earnings or income examples mentioned on this website or in emails sent by SiteServing, are only estimates of what you may earn but there are no assurances or guarantees that you will do as well as the statements or examples or as well as other the Affiliates. If you rely upon any earning or income statements we provide, you must accept the risk of not doing as well.
Where specific income figures and examples are used, and attributed to an individual or business, those persons or business have actually earned that amount. However, there is no assurance or guarantee that you will earn the same amount. If you rely upon any figures we provide, you must accept the risk of not doing as well. For all these reasons, your participation in this Affiliate Program and your purchase and use of our information, products and services should be based upon your own due diligence and judgment. SiteServing is not responsible for any success or failure of your business due to the participation in this Affiliate Program or your use of our company's products and services.
12.2 DISCLAIMER OF WARRANTIES.
THE AFFILIATE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE AFFILIATE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, SITESERVING DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AFFILIATE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE AFFILIATE PROGRAM. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE AFFILIATE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
12.3 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL SITESERVING BE LIABLE TO THE AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE AFFILIATE PROGRAM, USE OR MISUSE OF THE AFFILIATE PROGRAM, RELIANCE ON THE AFFILIATE PROGRAM, INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE AFFILIATE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF SITESERVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM PARTICIPATION IN THE AFFILIATE PROGRAM, USE OR MISUSE OF THE AFFILIATE PROGRAM, RELIANCE ON THE AFFILIATE PROGRAM, FROM INABILITY TO PARTICIPATE IN THE AFFILIATE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AFFILIATE PROGRAM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE AFFILIATE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITESERVING NETWORK. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
The Affiliate hereby agrees to release SiteServing and its parents, subsidiaries, affiliates, officers, directors, agents, shareholders, representatives, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that the Affiliate may have against them arising out of or in any way related to such disputes and/or to the Affiliate Program. The Affiliate hereby agrees to waive all laws that may limit the efficacy of such releases.
14.0 No Resale, Assignment, or Sublicesing
The Affiliate agrees not to resell, assign, sublicense, otherwise transfer, or delegate its rights or obligations under these Terms and Conditions without the prior express written authorization of SiteServing.
15.0 Force Majeure
Under no circumstances shall SiteServing be liable for any delay or failure in performance under these Terms and Conditions resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Notices or communications pursuant to these Terms and Conditions shall be sent by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to SiteServing, such notices shall be addressed to firstname.lastname@example.org or SiteServing, LLC, ATTN: Affiliates Group, 3126 W Cary St. #413, Richmond, VA. 23221, U.S.A. (b) if to the Affiliate, such notices shall be addressed to the electronic or mailing address specified when the Affiliate registers for participation in the Affiliate Program, or (c) such other address as either party may give the other by notice as provided above.
17.0 Entire Agreement
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
18.0 Choice of Law and Forum
These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to the Affiliate's participation in the Affiliate Program shall be determined by, the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. The state courts located in Henrico County, Virginia and the federal courts of the Eastern District of Virginia shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions or to the Affiliate's participation in the Affiliate Program. The Affiliate and SiteServing consent to personal jurisdiction and venue exclusively in the appropriate state court in Henrico County, Virginia or the United States District Court for the Eastern District of Virginia located in Richmond, Virginia.
19.0 Limitation of Actions
The Affiliate agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in the Affiliate Program or to these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose, or be forever barred.
All headings in these Terms and Conditions are for convenience only and shall have no legal or contractual effect. Whenever the context permits, the use of a particular gender shall include the masculine, feminine and neuter genders, and any reference to the singular or the plural shall be interchangeable with the other.
21.0 Relationship of Parties
SiteServing and the Affiliate are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Under these Terms and Conditions, the Affiliate is contracting solely to provide advertising services for SiteServing in accordance with these Terms and Conditions.
22.0 Successors and Assigns
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.
23.0 Coupon Usage
The Affiliate understands and agrees that coupons are provided by SiteServing directly to an affiliate. In such case where another affiliates use eachothers coupons, commissions will be awarded to the affiliate who owns the coupon. Additionally, the Affiliate expressly agrees that SiteServing reserves the right without prior notice to revoke any or all coupons issued to a specific affiliate at anytime.