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.
6.0 COMPENSATION
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.
Product |
First Tier Percentage |
Second Tier Percentage |
The Renegade Network Marketer |
50% |
10% |
The Renegade Team |
60% for Active Inner Circle Members |
|
Ultimate Copywriting Crash Course |
40% |
0% |
Renegade Breakthrough (HS/MP) |
40% |
0% |
Downline Development System |
40% |
0% |
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.
7.0 CONFIDENTIALITY
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.
8.0 TERMINATION
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.
9.5 Privacy
Policy. Except as expressly provided in these Terms and
Conditions, information submitted by Affiliate in connection with the Program
shall be governed by the Renegade System Privacy Policy.
10.0 INDEMNITY
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.
13.0 RELEASE
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.
16.0 NOTICES
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.
20.0 CONSTRUCTIONS
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.