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1) Term of the Agreements: The term of this Agreement will begin upon our acceptance of your affiliate application and will end when terminated by either party. There is no cost or obligation for you and either you or we may terminate this Agreement at any time, with or without cause, by giving the other party 24 hours written notice of termination. You are only eligible to earn referral fees on sales occurring during the term. (When your link with LDSLiving.com is live.)
2) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
3) Unacceptable Content: LDSLiving.com reserves the right to deem what is acceptable or unacceptable content within it's Program.
4) Limitation of Liability: 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 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 Program will not exceed the total referral fees paid or payable to you under this Agreement.
5) Responsibility for Site/Indemnification: You will be solely responsible for the development, operation, and maintenance of Your website and for all content that appears on your website. LDSLiving.com and it's subsidiaries, affiliates, officers, agents, other partners, and employees, are harmless from all claims damages, demands, and expenses (including without limitation, attorneys' fees) relating to the development, operation, maintenance and contents of your website, your use of the Content in LDSLiving.com, your violation of this Agreement, or your violation of any rights of another party.
6) Independent Investigation: YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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.
5) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Utah, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Provo, Utah, and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
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Copyright 2004 LDS Living, Inc. All rights reserved.
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