The Website, and any information and materials contained therein, including but not limited to graphics and editorial content ("Content"), are owned by phonecheckpro and/or its licensors, and are protected by copyright, trademark, patent, trade secret, and/or other laws. phonecheckpro and/or its licensors own and retain all rights, including the worldwide copyright, in the Content solely and exclusively, for the duration of the rights in each country, in all languages. You agree that you shall not use the Content in any way whatsoever except as in compliance with the terms of this document. You agree not to modify, rent, lease, loan, sell, distribute, redistribute, or create derivatives works based on the Content, and you shall not exploit the Content in any unauthorized way whatsoever, including but not limited to by trespass or burdening network capacity. You agree not to alter or delete any proprietary notices from Content downloaded or printed from the Websites.
All brand and product names are trademarks or registered trademarks of their respective companies. You are prohibited from using any of the marks or logos appearing throughout the Website without express permission from the trademark owner, except as permitted by applicable law.
We have retained the services of Revenue-Wire to manage and administer the Program. Revenue-Wire will serve as the data interchange between you and us. [Affiliate] receives compensation in exchange for purchases of products and services made via the Website.
If your Application is accepted by Revenue-Wire, you may use, subject to the terms and conditions of this Agreement, the banners, custom search box (including teaser results), text and corresponding links to our sites (collectively, the "Links") available at www.phonecheckpro.com/affiliate/index.php (the "Site"). The Links make it possible to track and report all of the qualified purchases acquired through the website(s) identified in your Application ("Your Site"), provided that cookies have not been disabled on the web browser used to connect to the relevant phonecheckpro website. It is your responsibility to integrate the Links into Your Site properly, in accordance with the instructions available at the Site. We will not be liable to you with respect to your failure properly to integrate the Links into Your Site, including to the extent such failure may result in any reductions of amounts that would otherwise be paid to you.
You are solely responsible for, and we hereby disclaim all liability for, the development, operation, hosting, and maintenance of, and all costs associated with, Your Site. You agree that Your Site will not copy or resemble the look and feel of, or create the impression that it is part of, our website(s). You agree that Your Site will, at all times during the Term of the Agreement, comply with all applicable laws, rules and regulations, including, without limitation, all laws, rules and regulations applicable to the collection, use, disclosure, retention and security of individuals personal information. We may reject your Application or terminate your participation in the Program at any time, without notice or liability to you, if Your Site is deemed, in our sole discretion, to be unsuitable.
You agree that you are responsible for all of the marketing activities you conduct as a Program member, including but not limited to keyword marketing and email marketing ("Marketing Activities"), and that you are individually liable for any damages or losses incurred by your violation of this Agreement and/or any applicable law, rule or regulation. You agree that all Marketing Activities will comply with all applicable laws, rules, and regulations, policies and guidelines, including those of the United States Federal Trade Commission governing endorsements and testimonials. You will provide clear and conspicuous disclosure of your status as a paid phonecheckpro affiliate on the home page of Your Site, or, if Your Site includes a Terms of Service or similar document, within the body of such document in a separate provision entitled "Disclosure". You agree and understand that phonecheckpro is not a consumer reporting agency as defined under the Fair Credit Reporting Act ("Fphonecheckpro"), and the information in our databases has not been collected in whole or in part for the purpose of furnishing consumer reports, as defined in the Fphonecheckpro.
UNDER NO CIRCUMSTANCES WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS AGREEMENT (COLLECTIVELY, "DISCLAIMED DAMAGES"); PROVIDED THAT YOU WILL REMAIN LIABLE TO US TO THE EXTENT ANY DISCLAIMED DAMAGES ARE CLAIMED BY A THIRD PARTY AND ARE SUBJECT TO INDEMNIFICATION PURSUANT TO THIS AGREEMENT. IN NO EVENT WILL OUR LIABILITY IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES NOT EXCLUDED IN THE IMMEDIATELY PRECEDING SENTENCE EXCEED THE AMOUNT PAID OR PAYABLE BY US TO YOU UNDER THIS AGREEMENT.
Your exclusive remedy with respect to any dispute is to discontinue your use of the Website. phonecheckpro and licensors shall not be liable for any indirect, special, incidental, consequential, or exemplary damage arising from your use of the Website marketing materials content or for any other claim related in any way to your use of the Website. These exclusions for indirect, special, incidental, consequential, or exemplary damages include, without limitation, damages for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, [affiliate's] and its vendors or licensors liability shall be limited to the extent permitted by law.
THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS, [AFFILIATE] DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR OTHER VIOLATION OF RIGHTS. [AFFILIATE] DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE WEBSITE. YOUR USE OF THE WEBSITE IS SOLELY AT YOUR OWN RISK.
Any dispute concerning the Program or this Agreement shall be settled by binding arbitration in Boston, Massachusetts, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the award made by the Arbitrator(s) may be entered in any court having jurisdiction thereof. You acknowledge that agreeing to such binding arbitration constitutes a waiver of your right to a jury trial and that this agreement to arbitrate is voluntary and not legally required. If any arbitration or legal action or similar proceeding is instituted by either party concerning the payment of our fees or costs advanced hereunder, the prevailing party shall be entitled to collect its reasonable attorneys fees in addition to any other relief the party may obtain.