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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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