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Please
read the agreement document below before registering.
I
accept these terms and wish to register.
1)
Term of the Agreement: The term of this Agreement
will begin upon Professional Beauty
Network's acceptance of your Affiliate application
and will end when terminated by either party. Either you or
we may terminate this Agreement at any time, with or without
cause, by giving the other party written notice of termination.
You are only eligible to earn referral fees on sales occurring
during the term.
2)
Modification: 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 this site. Modifications may include, for example, changes
in the scope of available referral fees, fee schedules, payment
procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE
TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.
YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR
POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3)
Limitation of Liability: We will not be liable for
indirect, special or consequential damages, or any loss of
revenue, profits or data, arising in connection with this
Agreement or the Program, even if we have been advised of
the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will
not exceed the total referral fees paid or payable to you
under to this Agreement.
4)
Independent Investigation: YOU ACKNOWLEDGE THAT YOU
HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS.
YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY)
SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE
CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE
SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM
AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT
OTHER THAN AS SET FORTH IN THIS AGREEMENT.
5)
Miscellaneous: This Agreement will be governed by
the laws of the United States and the State of California,
without reference to rules governing choice of laws. Any action
relating to this Agreement must be brought in the federal
or state courts located in Los Angeles, California,
and you irrevocably consent to the jurisdiction of such 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 be enforceable against the parties and their
respective successors and assigns. Our failure to enforce
your strict performance of any provision of this Agreement
will not constitute a waiver of our right to subsequently
enforce such provision or any other provision of this Agreement.
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