Affiliate
Agreement
When you promote our site and our Software Product, you
must agree to the following:
- You may not resell or promote our service in
any manner except through an affiliate link to our site as governed by
Clickbank's "hoplinks" program.
- It is your responsibility to ensure that the
banner ads or other promotional graphics are up-to-date and valid.
- You and Gites-in-France are independent
contractors, and nothing in this Agreement will create any partnership, joint
venture, agency franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or accept any offers
or representations on our behalf. You will not make any statement, whether on
your site or otherwise, that reasonably would contradict anything in this
Section.
- 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 Affiliate 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 Affiliate Program will not
exceed the total commissions paid or payable to you under this Agreement.
- We make no express or implied warranties or
representations with respect to the Affiliate Program or any Gites-in-France
services or other items sold through the Program (including, without
limitation, warranties of fitness, merchantability, non-infringement, or any
implied warranties arising out of a course of performance, dealing, or trade
usage). In addition, we make no representation that the operation of our site
will be uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors.
- You hereby represent and warrant to us that
this Agreement has been duly and validly executed and delivered by you and
constitutes your legal, valid and binding obligation, enforceable against you
in accordance with its terms; and that the execution, delivery and performance
by you of this Agreement are within your legal capacity and power; have been
duly authorized by all requisite action on your part; require the approval or
consent of no other persons; and neither violate nor constitute a default
under the (i) provision of any law, rule, regulation, order, judgment or
decree to which you are subject or which is binding upon you, or (ii) the
terms of any other agreement, document or instrument applicable to you or
binding upon you.
- We may modify any of the terms and conditions
contained in this Agreement, at any time and in our sole discretion. Notice of
any change by e-mail, to your address on our records, or the posting on our
site of a change notice of a new agreement, is considered sufficient notice
for notifying you of a modification to the terms and conditions of this
Agreement.
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