5.5. Affiliate agrees (a) that it will not attempt to decompile or disassemble any of the Products or otherwise engage in reverse engineering of the Products and (b) to use all reasonable endeavors to ensure that its employees and agents observe this Section 7.4. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees. Company reserves the right in its sole discretion to periodically change the applicable Amounts for new and existing Customers covered by this Agreement, upon prior written notification thereof to Affiliate. The Commission shall apply only to Qualified Prospects that have been solicited solely by Affiliate and accepted by Company. Sections 7, 9 and 10 shall survive any termination of this Agreement. Referral Arrangement. In these types of agreements, the affiliate most often does not get a say in the specific terms. https://pressable.com/legal/terms-of-service/, https://pressable.com/legal/privacy-policy/. This Affiliate Referral Agreement (the “Agreement”) is made and entered into between Pressable, Inc. (“Company”) and you (“Affiliate“). j. Each Party represents and warrants to the other that: (a) it is an entity duly organized and validly existing under the laws of its jurisdiction of organization; (b) it is qualified and licensed to do business and in good standing in every jurisdiction where such qualification and licensing is required for purposes of this Agreement; (c) it has all necessary power and authority to negotiate, execute, deliver and perform its obligations under this Agreement; (d) this Agreement constitutes a valid and binding obligation, enforceable against such Party in accordance with its terms, except to the extent that enforceability may be limited by bankruptcy and other similar laws affecting the rights and remedies of creditors generally; (e) it is not a party to, subject to or bound by any agreement or any statute, law, rule, regulation, judgment, order, writ, injunction, or decree of any court, administrative or regulatory body, governmental agency, arbitrator, mediator or similar body, franchise or license, that would (i) conflict with or be breached or violated by the execution, delivery or performance by it of this Agreement or (ii) prevent the carrying out of the transactions contemplated by this Agreement; and (f) it will not engage in the distribution of any unsolicited bulk emails (spam) or any other harassing behavior in any way mentioning or referencing the other or the other’s website. Then, details of the affiliate relationship will be inserted, such as what type of affiliate program it is and the specific payout terms. After the initial term, this Agreement shall renew for additional terms of one year each, unless either party notifies the other no less than thirty (30) days prior to the end of the then-current term that it does not wish to renew the Agreement. Affiliate shall refer all requests to subscribe to Products directly to Company. Affiliate agrees to indemnify and hold Company and its officers, directors, employees and agents harmless from and against, and assumes complete responsibility for all third party suits, actions, claims, losses, judgments, damages, costs and expenses arising in connection with Affiliate’s performance under the Agreement including: (a) Affiliate’s breach or default under this Agreement; (b) the solicitation of potential customers by Affiliate; or (c) the negligence, misrepresentation, error or omission on the part of Affiliate relating to or concerning Company, the Products or this Agreement. “Customer” means a Qualified Prospect who has agreed to the Terms available at https://pressable.com/legal/terms-of-service/ and has purchased a plan. To qualify as a Qualified Prospect, the potential customer must (a) represent an opportunity that has not been previously identified or contacted by Company directly or through its other distribution and representation channels (including any other affiliates or agents), (b) not have been in discussions or other contact with Company within ninety (90) days of the Submission Date, (c) become a subscriber of one of the Products within ninety (90) days of the Submission Date without receiving any monetary or other incentive from Affiliate, (d) have paid the Subscription Fees covering at least two (2) months for access and use of the Products (either as part of an annual payment or 2 separate monthly payments) and (d) otherwise meet any other criteria (e.g., credit worthiness, etc.) The primary objectives of this relationship are for (a) Affiliate to identify potential customers for the Products, (b) Affiliate to provide the potential customers with information about Company and its Products, (c) Affiliate to identify Qualified Prospects to Company, and (d) Company to compensate Affiliate in accordance with Section 5 for Qualified Prospects.
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