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Terms & Conditions |
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IMPORTANT: By joining Telstreet.com's affiliate program, you agree to the following terms and conditions. This agreement is between Telstreet.com and you, the affiliate marketer, who has signed up with Telstreet.com's affiliate program. Telstreet.com and the affiliate marketer are entering into a simple business agreement in the best interests of both parties. The affiliate marketer and Telstreet.com are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship, or the relationship of principal and agent between the parties. All copyrighted material and trademarked names and logos used in accordance with this Agreement by either or both parties remain the exclusive intellectual property of the respective originating or issuing parties. No transference of intellectual property ownership or conveyance of rights is intended or conferred in this Agreement. Sales and interests in this Agreement may not be transferred or sold to any other entity and all business between the parties is subject to the terms of this Agreement. Both parties will be held to confidence in any matters of business with regard to this Agreement. The affiliate marketer shall indemnify and hold Telstreet.com harmless from any and all legal actions, damages or liabilities incurred from the day-to-day operations of the affiliate marketer. Under no circumstances will Telstreet.com be liable whether in tort, contract or otherwise for indirect, incidental, consequential, special or exemplary damages (including but not limited to damages for any loss of revenue, profits, business interruption, loss of business information or data, loss of goodwill, work stoppage, hardware or software failure, or other pecuniary loss) arising from or relating to any provision of this Agreement or the program. Without limiting the foregoing, Telstreet.com's aggregate liability arising with respect to this Agreement will not exceed the total fees paid or payable to the affiliate marketer under this agreement. Telstreet.com will own all right, title and interest in and to all information that is created or collected in the operation of the Telstreet.com site and reserves the right to amend or terminate this Agreement at any time, with or without notice to the affiliate marketer. It is the full responsibility of the affiliate marketer to market Telstreet.com's products in a legal, ethical and honest fashion and the affiliate marketer agrees that Telstreet.com will be held harmless from any and all actions of the affiliate marketer and the affiliate marketer's marketing and promotional programs. The affiliate marketer shall at all times comply with all local and Federal spam, fax broadcast and telemarketing laws. Any affiliate advertisement that does not comply with applicable local, state or federal laws is strictly forbidden and shall be expressly defined as unauthorized use of the respective wireless carrier's trademarks, marks and names. Should action be brought against Telstreet.com for such activity by Affiliate, Affiliate agrees to bear all costs and penalties associated with such activity including, but not limited to Telstreet.com's legal costs for any alleged infraction of these laws. Telstreet.com reserves the right to amend all pricing plans, commissions or conditions relative to this agreement. Telstreet.com reserves the right to terminate any affiliate with or without cause at the sole discretion of Telstreet.com with or without notice. By joining the Telstreet.com affiliate program, affiliate is tendering his/her personal guarantee of these terms and conditions. Affiliate further agrees and warrants that it will comply with all local, state and federal laws (including, but not limited to, the "CAN-SPAM" Act, effective January 1, 2004) regarding the sending of e-mails. The laws of the State of Virginia shall govern this Agreement. Should there be any legal dispute between the parties, then both parties agree to take the matter before arbitration/mediation in Prince William County, VA should Telstreet.com Wireless request arbitration/mediation in lieu of formal legal process. Both parties mutually agree that the sole legal venue for all disputes shall be in the Prince William County General District Court, VA. UCE - Unsolicited Commercial Email Fraudulent Sales Account Approval and Termination Modifications Search Engine Submissions False Representation Domain Names Payments Pay Cycle |
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