80/20 Marketing, Inc. Affiliate Program - Terms & Conditions
Last Revised: 12/30/2013
These Terms and Conditions govern participation in the 80/20 Marketing, Inc. Affiliate Program (hereinafter, either the "Renegade System Affiliate Program" or the "Program"), which is offered by 80/20 Marketing, Inc., its subsidiary companies, affiliate companies, successors and assigns (hereinafter collectively referred to as "Renegade System"), which operates web sites accessible through www.TheRenegadeNetworkMarketer.com and www.TheRenegadeSystem.com, among other URLs (collectively referred to as the "Renegade System Network").
The Program is offered to individuals or entities operating other web sites subject to these Terms and Conditions. The term "Affiliate" shall refer to any individual or entity who joins the Renegade System Affiliate Program and accepts these Terms and Conditions by checking the "I Agree" checkbox at http://www.therenegadesystem.com/my_account/ to subsequently create an affiliate account and everyone else referring sales to Renegade System in return for compensation. Renegade System may amend or otherwise modify this Agreement. Affiliate agrees that Renegade System's posting of any amendments or modifications to this website(http://www.therenegadenetworkmarketer.com/support/index.php?_m=news&_a=view) shall constitute adequate notice to Affiliate. If any material modification to this Agreement is unacceptable to Affiliate it shall be Affiliate's responsibility to terminate as provided in Section 8 of this Agreement. If Affiliate does not terminate the Agreement within 10 days of the material modification then Affiliate's continued participation in the Renegade System Affiliate Program will mean that Affiliate has accepted the amended or modified Agreement.
1.0 Renegade System AFFILIATE PROGRAM
The Renegade System Affiliate Program enables users to add certain links and promotional features to their web sites to generate sales of the Renegade Network Marketer e-book and related marketing products for which they will be eligible for compensation in accordance with, and subject to, these Terms and Conditions. In addition to the Renegade System Affiliate Program, Affiliates will be able to register for third party affiliate programs offered by other providers, for which Renegade System is not responsible. Renegade System reserves the right, in its sole discretion, to alter the Program at any time for any reason or for no reason at all. Renegade System also reserves the right, in its sole discretion, to terminate the Program at any time for any or no reason at all.
2.0 REGISTRATION AND ACCEPTANCE
By registering for the Program and accepting these Terms and Conditions, Affiliate represents and warrants:
a. that he or she is of the legal age of consent in all applicable jurisdictions and, in any event, is at least 18 years of age.
b. that he or she can lawfully bind him or herself to these Terms and Conditions and can lawfully participate in the Program in the jurisdiction(s) where Affiliate is located. No Affiliate may participate in the Program where doing so would be prohibited by any law or regulation having the force of law applicable to Affiliate.
c. that his/her web site(s) does not and will not contain, display, promote or include obscene, indecent, violent, discriminatory, illegal, pornographic, or adult content, including, but not limited to, text, graphics and images. Affiliate also represents and warrants that his/her web site(s) contains and displays content (including, but not limited to, text, graphics and images) in addition to the links, promotional materials, and branding made available pursuant to the Program.
d. (i) that all information submitted by Affiliate in registering for the Program is true, accurate, current, and complete; (ii) that the Affiliate is not already registered under another account for the Program; and (iii) that Affiliate shall maintain and update information submitted in registering for the Program in order to keep it true, accurate, current and complete at all times. If any information that Affiliate submits in the registration process is untrue, inaccurate, not current or incomplete, Renegade System shall have the right to terminate Affiliate's participation in the Program, in addition to other remedies available to it under law, all of which are expressly reserved.
e. that in order to participate in the Program, Affiliate will be required to enter certain registration information and to change the "I Disagree" drop-down menu to "I Agree" at http://www.therenegadesystem.com/my_account/ and subsequently create an affiliate account. By providing registration information and changing the drop down menu to "I Agree," Affiliate agrees to be bound by these Terms and Conditions. If these Terms and Conditions or any future amendment or modification thereto are unacceptable to Affiliate, Affiliate may cancel its participation in the Program pursuant to Section 8 below.
3.0 AFFILIATE'S OBLIGATIONS
3.1 Responsibility for Web Sites. Affiliate acknowledges and agrees that he or she shall be solely responsible for Affiliate's web site(s) and all content, products, services, and/or links displayed on or made available through or in connection with such web site(s). Affiliate shall not publish any content harming or damaging the Renegade System's reputation.
3.2 Use of Links, Promotional Materials, and Branding. Affiliate agrees that he or she will only use the links, promotional materials, and branding made available by theRenegade System through the Program in the precise manner and mode by which such links, promotional materials, and branding are made available pursuant to the Program. Affiliate further agrees that he or she will only use such links, promotional materials, and branding for the purpose of establishing links to the Renegade System web site, referring users to the products and services made available on the Renegade System web site, and promoting Renegade System as an entity as well as Renegade System's products. Affiliate further agrees that he or she will only use the links, promotional materials, and branding made available pursuant to the Program as additions to the content displayed on his/her web site(s) and that such links, promotional materials, and branding shall not be the sole content on his/her web site(s).
3.3 Prohibited Conduct. Affiliate acknowledges, represents, and warrants as follows:
a. Affiliate is prohibited from using language in advertising campaigns such as "Official Site," "Main Site," Official Representative," or any other language that might confuse the viewer of such an advertisement. Renegade System reserves the right in its sole discretion to determine what language or action might confuse viewers.
b. Affiliate will display all links, promotional materials, and branding made available pursuant to the Program alone, with reasonable spacing between each side of such item and other graphic or textual elements.
c. Affiliate will not claim or hold itself out as claiming any sponsorship by, endorsement by, or affiliation with Renegade System or its related or subsidiary companies, successors, and assigns.
d. Affiliate will not use the word "80/20," "80/20 Marketing," "Ann Sieg," "Renegade Network Marketer," "Renegade System," or any variation thereof in its domain name.
e. Affiliate will not use any computer program, robot, or other device, which causes Renegade System to record a click-through or sale where no such click-through or sale has occurred.
f. Affiliate will not violate or encourage any third party or entity to violate any law or regulation, including, but not limited to, laws prohibiting the sale of certain goods and services and laws prohibiting the export of certain goods or services.
g. Affiliate will not defame, impersonate or invade the privacy of any third party or entity or encourage any third party or entity to do the same.
h. Affiliate will not engage in any conduct that infringes the rights of any third party, including, but not limited to, the intellectual property, business, contractual, or fiduciary rights of others or encourage any third party or entity to do the same.
i. Affiliate will ensure that its web site(s) will not inhibit a user's ability to return to the Renegade System Network.
j. Affiliate may not engage in stacking by registering as a Sub-Affiliate to collect more than one payment per transaction.
k. In no event shall Affiliate engage in the electronic transmission of unsolicited email, commercial advertising, information announcements, or spam of any type.
3.4 Reporting. Renegade System shall make available online to Affiliate activity reports from which the number and dollar amount of Renegade System sales made by Affiliate and the contact information received from such Affilate's visitors are viewable to Affiliate.
3.5 Email and Phone Contact. Affiliate hereby permits Renegade System to contact Affiliate through email and phone and at Affiliate's mailing address, provided to Renegade System by Affiliate, for the duration of this agreement. Due to Renegade System's need to communicate with its Affiliates, Affiliate cannot "opt-out" of Renegade System's Affiliate mailing lists or phone list unless Affiliate terminates its entire Affiliate relationship with Renegade System.
4.0 AFFILIATE'S AUTHORITY
Affiliate represents and warrants as follows:
a. Affiliate has full power and authority under all applicable laws and regulations to accept and by bound by these Terms and Conditions.
b. Affiliate has full power and authority under all applicable laws and regulations to promote Renegade System by displaying the links, promotional materials, and branding offered through the Program, including but not limited to holding all necessary licenses, consents, and approvals from all private and governmental entities in all applicable jurisdictions necessary to display the links, promotional materials, and branding.
c. Affiliate has full power and authority under all applicable laws and regulations to receive compensation in accordance with these Terms and Conditions for displaying the links, promotional materials, and branding offered through the Program, including but not limited to holding all necessary licenses, consents, and approvals from all private and governmental entities in all applicable jurisdictions necessary to display the links, promotional materials, and branding
d. Affiliate has full power and authority under all applicable laws and regulations to copy and display the materials (including but not limited to text, graphics and images) used or displayed at Affiliate's web site(s), including but not limited to holding all necessary licenses with respect to materials owned by third parties.
5.0 PROPRIETARY RIGHTS
5.1 License. Affiliate is hereby granted a non-exclusive, non-transferable license to use and display from Affiliate's web site(s) the links, promotional materials, and branding made available through the Program in accordance with, and subject to, these Terms and Conditions during such time as Affiliate is eligible to participate, and is participating, in the Program. Except as expressly stated herein, Affiliate shall not make any other use of the links, promotional materials, and branding made available through the Program.
5.2 Renegade System Intellectual Property. Affiliate acknowledges and agrees that the content made available through the Program, including, but not limited to, links, promotional materials, web pages, and branding, and the content and Services available through the Renegade System Network are protected by Renegade System's copyrights, trademarks, patents, or other proprietary rights and laws, and may not be used in any manner other than as specified in Section 5.1 above.
5.3 Unauthorized Access. Affiliate shall not attempt, directly or indirectly, to gain unauthorized access to any servers controlled, in whole or in part, by Renegade System or to any servers controlled, in whole or in part by any other third party that may provide services in connection with the Program.
5.4 Notifications of Claimed Infringement by Affiliate. Affiliate agrees to assume sole responsibility for compliance by Affiliate and Affiliate's web site(s) with all applicable intellectual property laws and all other laws. In the event that Renegade System should receive any notification of claimed infringement by Affiliate, Affiliate agrees to cooperate with Renegade System in expeditiously responding to such notification and resolving any claim of infringement.
6.1 Commissions. Renegade System shall compensate each Affiliate in accordance with Renegade System's then current commission schedule for each verified sale by a visitor to Affiliate. The current commission levels are determined by product and given only for verified sales. The table below details current commission levels as of 5/16/2010.
First Tier Percentage
Second Tier Percentage
The Renegade Network Marketer
The Renegade Team
60% for Active Inner Circle Members
Ultimate Copywriting Crash Course
Renegade Breakthrough (HS/MP)
Downline Development System
To qualify as a verified sale, the visitor must use a link provided by Renegade System to Affiliate or Sub-Affiliate for purposes of this Program. The determination of whether a sale is verified is in the sole discretion of Renegade System and all such determinations by Renegade System are final. Commission levels are subject to change at the sole discretion of Renegade System.
6.2 Affiliate Purchases From Renegade System. Affiliate acknowledges and agrees that Renegade System's Affiliate Program is not designed for Affiliates to receive commissions for their purchases from Renegade System and no such commissions will be paid to Affiliate. If Affiliate purchases products for its own use from Renegade System, Renegade System may deduct such purchases from commissions due to Affiliate.
6.3 Time of Payments and Minimum Commissions. Commissions shall be attempted to be paid to Affiliate twice per month for all commissions earned in the previous pay period provided that at least Twenty Dollars ($20.00 USD) is then due to Affiliate. All commissions will be considered pending for at least 3 days to allow for the bank to clear the original transaction. Single commissions over $200 or for Retail products resulting in a charge of greater than $500 (whichever is less) will be held for an additional 30 days to protection Renegade System and Affiliate from potential refunds and fraud abuse. Renegade System reserves the right to suspend payment of Affiliate commission indefinitely, if it suspects improper activity or a potential breach of any of the terms in this Agreement. Renegade System reserves the right to deduct from Affiliate's commission payment any and all commissions corresponding to any fraudulent, questionable, and cancelled Renegade System purchases. Where no subsequent commission is due and owing, Renegade System will send Affiliate an invoice for the balance of such refunded sale upon termination of the program or termination of Customer and Affiliate will provide payment within thirty (30) days of the date of such invoice.
6.4 Form of Payment. Renegade System will make payments to Affiliate by company check (US and Canada), ACH (direct deposit, where available), and Payoneer (where available, subject to Payoneer's terms and conditions). Renegade System will deduct a service charge of Two Dollars ($2.00 USD) from each US check, Three Dollars ($3.00) from any international check.
6.5 Forfeiture of Accrued Commissions in Cases of Breach. Any Affiliate who violates these Terms and Conditions will immediately forfeit all rights to any and all accrued commissions.
6.6 Waiver. Affiliate expressly waives any statutory or other legal protection in conflict with the provisions of this Section 6.
6.7 Disputes. Affiliate has access to Renegade System's real-time Affiliate Program statistics and activity and specifically agrees to file any tracking or commission disputes as well as any other disputes and discrepancies within 45 days after the end of the month in which the sale or event that is disputed occurred. Renegade System will not accept disputes filed after 45 days of the date on which the sale occurred and Affiliate waives and forfeits forever any rights to a potential claim made after such date.
The term "Confidential Information" means any information or material, which is proprietary to Renegade System, whether or not owned or developed by Renegade System, which is not generally known other than by Renegade System, and which Affiliate may obtain through any direct or indirect contact with Renegade System or Renegade System's customers such as, but not limited to business records and plans, financial statements, customer lists and records, any customer correspondence concerning Renegade System, credit card information, technical information, pricing structure, source code and/or object code, copyrights and intellectual property, competitive information, and other proprietary information. Affiliate represents that it will protect any confidential material and information, which may be disclosed between Renegade System, Renegade System's customers and the Affiliate at all times. Affiliate understands and acknowledges that the Confidential Information has been developed or obtained by Renegade System by the investment of significant time, effort and expense, and that the Confidential Information is a valuable, special and unique asset of Renegade System, which provides Renegade System with a significant competitive advantage, and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, Affiliate agrees to hold in strictest confidence and to not disclose under any and all circumstances the Confidential Information to any person or entity without the prior written consent of Renegade System. Affiliate will not copy or modify any Confidential Information without the prior written consent of Renegade System. Further, Affiliate shall not disclose any Confidential Information to any of Affiliate's customers, contractors, agents or employees, except those contractors or employees who are required to have the Confidential Information in order to perform their job duties in connection with the limited purposes of this Agreement. Notwithstanding the foregoing, Affiliate may share customer information obtained as part of the Renegade System Program with members of the Affiliate's current MLM downline and with no one else. If it appears that Affiliate has disclosed or has threatened to disclose Confidential Information in violation of this Agreement, Renegade System shall be entitled to an injunction to restrain Affiliate from disclosing, in whole or in part, the Confidential Information. Renegade System shall not be prohibited by this provision from pursuing other remedies, including but not limited to a claim for losses and damages.
8.1 Termination. Affiliate's participation in the Program is terminable at any time and for any reason or for no reason at all by either party by providing written notice of termination to the other party. Without limiting the foregoing, Affiliate's participation in the Program shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of these Terms and Conditions or of any applicable law or regulation. In addition, without limitation, Affiliate's participation in the Program may be terminated where Renegade System, in its sole discretion determines: (1) that any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s) are obscene, indecent, vulgar, offensive, dangerous, slanderous, reputation damaging or are otherwise deemed inappropriate by Renegade System, in its sole discretion; or (2) that Affiliate or Affiliate's web site(s) is or has become the subject of a government complaint or investigation.
8.2 Notice of Termination. Renegade System and Affiliate shall provide notice of termination pursuant to Section 16.0 governing notices. Where Affiliate's participation in the Program is terminated automatically as described in Section 8.1 above, no notice of termination need be provided for such termination to be effective.
8.3 Effect of Termination. Upon termination, Affiliate shall immediately cease and desist from exercising any rights conferred by these Terms and Conditions, including, without limitation, from making any use of the links, promotional materials, trademarks, and branding made available through the Program. Upon termination, Affiliate may not register for any subsequent participation in the Program or rejoin the Program, without the prior, written consent of Renegade System, which may be withheld or refused in the sole discretion of Renegade System.
8.4 Survival. The provisions of Sections 3, 4, 5.3, 7, 8.4, 9, 10, 11, 12, 13, 16, 18, 19, and 22 shall survive any termination of Affiliate's participation in the Program.
9.0 AFFILIATE'S PRIVACY
9.1 Privacy and Third Parties. Renegade System may provide to third parties the information that Affiliate submits in registering for the Program as Renegade System deems necessary.
9.2 Social Security Number or Taxpayer Identification Number. Any Affiliate who is a United States citizen or resident or other non-foreign person acknowledges that Affiliate's United States social security number or taxpayer identification number will be provided on any Internal Revenue Service Forms 1099 or any other tax forms required to be furnished to Affiliate and provided to the Internal Revenue Service to reflect commissions earned pursuant to the Program.
9.3 Password. Affiliate shall receive a password to access Affiliate's account. Affiliate is entirely responsible for any and all activities that occur under Affiliate's password. Affiliate agrees to keep its password strictly confidential, to allow no other person or company to use its password, and to notify Renegade System promptly if Affiliate has any reason to believe that the security of its account has been violated.
9.4 Technical Access. Affiliate acknowledges and agrees that the technical processing of Affiliate's registration information is and may be required: (a) for the Program to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Program; or (d) to conform to other, similar technical requirements. Affiliate also acknowledges and agrees that Renegade System may access Affiliate's account and its contents at any time as necessary to identify or resolve technical problems or respond to complaints about the Program or for any other reason Renegade System sees fit; provided, however, that nothing in this Section shall impose such a duty on Renegade System.
Affiliate agrees to indemnify and hold harmless Renegade System, and its parents, subsidiaries, affiliates, officers, directors, shareholders, employees and agents, from any claim or demand, including, without limitation, penalties, interest, reasonable attorneys' fees and costs claimed, demanded, or incurred in connection with any claim or demand, made by any third party due to or arising directly or indirectly out of Affiliate's conduct, Affiliate's web site(s), Affiliate's participation in the Program, any content, goods, services, or links displayed on or made available through or in connection with Affiliate's web site(s), any claim that Renegade System is obligated to pay tax obligations in connection with compensation paid to Affiliate pursuant to the Program, any alleged violation of these Terms and Conditions, any alleged violation of any applicable law or regulation, or any alleged violation of any rights of another, including but not limited to Affiliate's use of any content, trademarks, service marks, trade names, copyrighted or patented material, or other intellectual property used in connection with Affiliate's web site(s). Renegade System reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Affiliate, but doing so shall not excuse Affiliate's indemnity obligations. Renegade System shall have the right to participate in the defense of all claims pursuant to this Section.
11.0 TAX OBLIGATIONS
Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with Affiliate's participation in the Program, including, without limitation, foreign taxes, United States federal, state, and local withholding taxes, FICA, FUTA, Social Security, Medicare, SUI, and any other such taxes and deductions ("Taxes") with respect to any earnings or payments made hereunder, whether or not Renegade System is required to deduct said Taxes from the payments due to Affiliate hereunder. Affiliate understands and agrees that Renegade System shall not be responsible for withholding any Taxes from any payments due to Affiliate. Affiliate agrees to indemnify and reimburse Renegade System from any claim for assessment of Taxes by any foreign, United States federal, state, and/or local taxing authority, and any other costs and damages, arising from or in connection with the operation of this Section.
12.0 DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
12.1 Earnings Disclaimer. Any earnings or income statements, or earnings or income examples mentioned on this website or in emails sent by Renegade System, are only estimates of what you may earn but there are no assurances or guarantees that you will do as well as the statements or examples or as well as other Affiliates. If you rely upon any earning or income statements we provide, you must accept the risk of not doing as well.
Where specific income figures and examples are used, and attributed to an individual or business, those persons or business have actually earned that amount. However, there is no assurance or guarantee that you will earn the same amount. If you rely upon any figures we provide, you must accept the risk of not doing as well. For all these reasons, your participation in this Affiliate Program and your purchase and use of our information, products and services should be based upon your own due diligence and judgment. Renegade System is not responsible for any success or failure of your business due to the participation in this program or your use of our company's products and services.
12.2 DISCLAIMER OF WARRANTIES. THE PROGRAM, INCLUDING ALL SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM, ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Renegade System DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PROGRAM, INCLUDING THE SERVICES PROVIDED IN CONNECTION WITH THE PROGRAM. AFFILIATEUNDERSTANDS AND AGREES THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH PARTICIPATION IN THE PROGRAM IS DONE AT AFFILIATE'S OWN DISCRETION AND RISK AND THAT AFFILIATE WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO AFFILIATE'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. AFFILIATE ACKNOWLEDGES AND AGREES THAT Renegade System DOES NOT WARRANTY AND IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY AFFILIATE PROGRAMS ACCESSIBLE THROUGH Renegade System. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you.
12.3 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL Renegade System BE LIABLE TO AFFILIATE ON ACCOUNT OF AFFILIATE'S PARTICIPATION IN THE PROGRAM, USE OR MISUSE OF THE PROGRAM, RELIANCE ON THE PROGRAM, INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PROGRAM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF Renegade System HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PROGRAM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE Renegade System NETWORK. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
Affiliate hereby agrees to release Renegade System and its parents, subsidiaries, affiliates, officers, directors, agents, shareholders, representatives, and employees from any and all claims, demands, debts, obligations, damages (actual or consequential), costs, and expenses of any kind or nature whatsoever, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, that Affiliate may have against them arising out of or in any way related to such disputes and/or to the Program. Affiliate hereby agrees to waive all laws that may limit the efficacy of such releases.
14.0 NO RESALE, ASSIGNMENT, OR SUBLICENSING
Affiliate agrees not to resell, assign, sublicense, otherwise transfer, or delegate its rights or obligations under these Terms and Conditions without the prior express written authorization of Renegade System.
15.0 FORCE MAJEURE
Under no circumstances shall Renegade System be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Notices or communications pursuant to these Terms and Conditions shall be sent by electronic mail or in writing and shall be deemed delivered upon receipt to the party to whom such communication is directed, at the following addresses: (a) if to Renegade System, such notices shall be addressed to 80/20 Marketing Inc., Attn: Legal Department, 1043 Grand Ave. Suite #146, Saint Paul, MN 55105, USA; (b) if to Affiliate, such notices shall be addressed to the electronic or mailing address specified when Affiliate registered for participation in the Program, or (c) such other address as either party may give the other by notice as provided above.
17.0 ENTIRE AGREEMENT
These Terms and Conditions constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous proposals, both oral and written, negotiations, representations, writings and all other communications between the parties.
18.0 CHOICE OF LAW AND FORUM
These Terms and Conditions shall be governed by and construed in accordance with, and all legal issues arising from or related to Affiliate's participation in the Program shall be determined by, the laws of the State of Minnesota without regard to its conflict of law provisions. The state courts located in West St. Paul, Minnesota and the federal courts of the United States District Court for the District of Minnesota located in St. Paul, Minnesota shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions or to Affiliate's participation in the Program. Affiliate and Renegade System consent to personal jurisdiction and venue exclusively in the appropriate state court in West St. Paul, Minnesota or the United States District Court for the District of Minnesota located in St. Paul, Minnesota.
19.0 LIMITATION OF ACTIONS
Affiliate agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to participation in the Program or to these Terms and Conditions must be filed within One (1) year after such claim or cause of action arose, or be forever barred.
All headings in these Terms and Conditions are for convenience only and shall have no legal or contractual effect. Whenever the context permits, the use of a particular gender shall include the masculine, feminine and neuter genders, and any reference to the singular or the plural shall be interchangeable with the other.
21.0 RELATIONSHIP OF PARTIES
Renegade System and Affiliate are independent contractors under these Terms and Conditions, and nothing herein shall be construed to create a partnership, joint venture, agency, or employment relationship. Neither party pursuant to these Terms and Conditions has authority to enter into agreements of any kind on behalf of the other and neither party shall be considered the agent of the other. Under these Terms and Conditions, Affiliate is contracting solely to provide advertising services for Renegade System in accordance with these Terms and Conditions.
22.0 SUCCESSORS AND ASSIGNS
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors, and assigns.