BY CLICKING "I AGREE" YOU ARE AGREEING TO THIS ENTIRE AGREEMENT
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND US (CalworthGlenford LLC). THIS INCLUDES AN ARBITRATION AGREEMENT THAT DOES NOT LET YOU SUE US IN COURT
Please read the terms and conditions of this affiliate program agreement carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by Affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with this agreement
BY SUBMITTING THE ONLINE APPLICATION TO JOIN OUR AFFILIATE PROGRAM, YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION
As used in these terms and conditions: (i) "We", "us", or "our" refers to CalworthGlenford LLC and our websites; (ii) "you" or "your" refers to the Affiliate; (iii) "our website" refers to the Merchant websites located at dailymedicaldiscoveries.com, getmememberaccess.com, idealmale.com, thirtyminutesormore.net and others we may add from time to time; (iv) "your website" refers to any websites that you will link to our website; (v) "Program" refers to our Affiliate Program.
This is OK:
These are Not OK:
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no-tolerance policy on PPC trademark bidding. If we discoverbrand bidding on PPC campaigns, you will be sent an email asking to remove the ads in question within 24 hours. If the ads are not removed within 24 hours you will be removed from the program permanently and all commissions associated with the violations will be reversed.
Ideal Male Labs
Dr. Ari Magill and variations
The Rearing Horse logo
Urgent Male Assist
Urgent Prostate Assist
Urgent Brain Assist
Urgent Blood Sugar Assist
And additional terms we add from time to time, by notifying you.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING OUR PROGRAM, SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF OUR ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. 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.
11. Limitations of our Liability, Liquidated Damages
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL OUR CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT, OR US$5000.00, WHICHEVER IS LESS, AND IF THIS AMOUNT IS PAID TO YOU IT SHALL BE CONSIDERED AS FINAL LIQUIDATED DAMAGES IN SATISFACTION OF ANY AND ALL CLAIMS PAST PRESENT AND FUTURE IN CONNECTION WITH THIS AFFILIATE AGREEMENT.
You hereby agree to indemnify and hold harmless our company, CalworthGlenford LLC, and its subsidiaries and affiliates, and our directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation or claim of misrepresentation, or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
In the course of working under this Agreement, one of us ("Disclosing Party") may share confidential property, including scripts, systems, sales processes, customer lists, prospect lists, landing pages, business systems, etc. with the other party ("Receiving Party.")
Such information will be orally disclosed as Confidential Property at the time of disclosure, and afterwards, as soon as practicable, the Disclosing Party will email a brief description of its Confidential Property for the Receiving Party's records. Each party agrees mutually to not disclose the other's Confidential Property during the term of this Agreement and for 24 months thereafter. This shall not apply if the Confidential Property a) is already known by the Receiving Party, b) becomes public knowledge through no fault of the Receiving Party, or c) disclosure is compelled by a court of competent jurisdiction. Any breach of this paragraph shall be deemed to cause irreparable damage to the Disclosing Party, who shall have the right to seek extraordinary relief including a temporary restraining order and permanent injunction, and the losing party shall pay the court costs and the attorney fees of the breaching party. This Confidentiality section shall survive Termination of this Agreement and shall extend two years thereafter.
14. Binding Arbitration
This Agreement shall be interpreted under Wyoming law. Any dispute under this Agreement shall be subject to binding arbitration under AAA rules, with the losing party paying the cost of any award and arbitration fees, and each party paying its own attorney's fees. Arbitration to be conducted by a qualified arbitrator approved by both parties, and if one arbitrator can't be agreed upon, each party shall appoint one, and the two arbitrators shall appoint a third. Arbitration shall be the sole remedy between the two parties except for extraordinary relief in the Confidentiality provision.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME ADMIT OTHERS INTO THE PROGRAM ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.