1stChineseHerbs.com &
DiscountNaturalHerbs.com
Affiliate Program
By signing up as an affiliate with
1stChineseHerbs.& DiscountNaturalHerbs you agree to the following Terms of
Service.
This agreement is by and
between 1stChineseHerbs.& DiscountNaturalHerbs and/or their assigns and all
subscribers. Unless the context requires otherwise, 1stChineseHerbs.&
DiscountNaturalHerbs . and/or their assigns shall be referred to as "us,
we, or our" and you shall be referred to as "you, your or
subscriber."
You understand that 1stChineseHerbs.& DiscountNaturalHerbs
and/or their assigns does not guarantee or predict any type of profit or
response from said services. Subscriber agrees to hold 1stChineseHerbs.&
DiscountNaturalHerbs 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 1stChineseHerbs.& DiscountNaturalHerbs 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 website for referral sales made by customers.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote
1stChineseHerbs.& DiscountNaturalHerbs in a manner that is unethical or
inappropriate; or (c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND,
EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE 1stChineseHerbs.&
DiscountNaturalHerbs , 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.
D. 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.
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..
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 and 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 subscriber, 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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