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By signing up as an affiliate with Fun Facts Publishing, you agree to the following Terms of Service. This agreement is by and between Fun Facts Publishing and/or their assigns and all subscribers. Unless the context requires otherwise, Fun Facts Publishing 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 Fun Facts Publishing and/or their assigns does not guarantee or predict any type of profit or response from said services. Subscriber agrees to hold Fun Facts Publishing 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 Fun Facts Publishing 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. As of March 20, 2004, that amount is 20% of referral sales. Payment will be made in the beginning of each month for the month ending 30 days prior (e.g., March commissions will be paid in May), as long as the total owed is at least $25. However, if the fees payable to you are less than $25.00, we will hold those fees until the total amount due is at least $25.00 or (if earlier) until this Agreement is terminated. If the customer returns a Product that generated a referral fee we will deduct the corresponding fee from your next monthly payment. If there is no subsequent payment, we will send you an invoice for the fee. Payment will either be done through PayPal (if agreed upon by both parties) or a business check. For a product sale to generate a referral fee, the customer must follow your unique URL to the Fun Facts Publishing web site; purchase the Product on the Fun Facts Publishing site using our automated ordering system; accept delivery of the Product at the delivery destination and remit full payment to Fun Facts Publishing. We will not, however, pay referral fees on any Products that are purchased after the customer has re-entered our site, unless the browser cookie is still intact or they have returned to your site and followed a link from your site to our site. B. Termination. We may terminate your account: (a) if you violate our Terms Of Service Policy; (b) promote Fun Facts Publishing 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 Fun Facts Publishing, 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 emails from us. Sites that promote illegal activity or discrimination based on race, sex, religion, sexual orientation or physical disability are not permitted to participate in the Fun Facts Publishing Affiliate Program. Fun Facts Publishing PROHIBITS SPAM
(unsolicited bulk email) used by Affiliates to generate referrals. This
includes, but is not limited to, spam via e-mail, instant messaging, ICQ, chat
rooms, message boards, or online forums. Unsolicited advertising in any form is
not permitted by Fun Facts Publishing. Any member of the Fun Facts Publishing
Affiliate Program involved in any of these types of activities will be
terminated from our program and will not receive any compensation for their
activity. You may also be
subject to fines and legal actions as a result of your bulk email promotion. The term of this Agreement will begin upon our acceptance of your Program 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 of Qualifying Products occurring during the term and fees earned up to the date of termination will remain payable only if the related orders are not cancelled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. Upon termination of this Agreement, you must promptly return to us, or at our request, destroy any and all of our intellectual or proprietary property, information and/or materials in your possession and, subject to receiving written consent to the contrary from us, and remove all hypertext links to our site from your site. Important Note! As much of our correspondence with you will be done through email (providing you with your unique URL, lost passwords, payment and affiliate updates, etc.), it is IMPERATIVE you put this domain name (funfactspublishing.com) on your "safe list," "white list," or "address book" - otherwise you might NOT receive important information regarding your account! Fun Facts Publishing will not be responsible nor held liable for emails that did not make it to your In Box due to faulty spam filters. If we are unable to contact you through email a total of three times, your account will be terminated. 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. If the mailing address you provide us with is wrong or invalid, we will not be held responsible for checks that get returned to sender. 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. J. Fun Facts Publishing disclaims any and all liability with regard to the operation of Affiliate sites. These sites are outside of Fun Facts Publishing's control, and as such Fun Facts Publishing cannot be held responsible for their actions.
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