Hours of Pure Gold Affiliate Agreement
IMPORTANT READ CAREFULLY:
THIS KAW ENTERPRISES ("HOURSOFPUREGOLD.COM") SERVICE AGREEMENT ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN YOU AND HOURS OF PURE GOLD.COM. PLEASE READ ALL OF THE TERMS IN THIS AGREEMENT BEFORE PROCEEDING FURTHER. BY PROCEEDING FURTHER, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, CLICK ON THE "I DECLINE" BUTTON AT THE END OF THIS AGREEMENT. CLICKING ON THE "I DECLINE" BUTTON WILL RETURN YOU TO THE MAIN PAGE.
Overview
HoursofPureGold.com is a website, which allows affiliates to promote the Hours of Pure Gold e-book on the Internet, make commissions from sales of the Hours of Pure Gold e-book and to invite others to become affiliates of the Hours of Pure Gold.com affiliate program.
1. Member Rights
You understand that as a HoursofPureGold.com member:
a. You have the right to use, in accordance with this Agreement, a personalized version of the HoursofPureGold.com website to sell the Hours of Pure Gold e-book and to prospect, then recruit, participants for your home-based business ("Affiliate Site").
b. You will comply with all government, federal, state, county, and municipal laws and ordinances, rules, and regulations, and shall make all reports and remit all withholdings or other deductions as may be required by any government, federal, state, county or municipal law, ordinance, rule or regulation.
2. Relationship of the Parties
As a HoursofPureGold.com member, you agree that:
a. You are an independent contractor, and not an employee, agent, partner, legal representative, or franchisee of Hours of Pure Gold.com or KAW Enterprises.
b. You are not authorized to, and will not incur, any debt, expense, obligation, or open any checking account on behalf of, for, or in the name of Hours of Pure Gold.COM or KAW Enterprises.
c. You shall control the manner and means by which you promote your Site, subject to compliance with the Agreement.
d. You agree that you will be solely responsible for paying all expenses incurred by yourself, including but not limited to travel, food, lodging, Internet access fees, secretarial, office, telephone and other expenses.
3. Amendments
You understand and agree that Hours of Pure Gold.com may amend this Agreement at any time at its sole discretion, and that any such amendment will apply to you. Notification of amendments shall be published at the HoursofPureGold.com official website and shall be effective no less than 10 days following the publication of any such amendment. You further understand that the current version of this Agreement shall be published at the HoursofPureGold.com member's website and that you will periodically review the Agreement as published. IF ANY AMENDMENT IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF AN AMENDMENT WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE AMENDMENT.
4. Service Charges
There will be no service charges for accessing or using your Hours of Pure Gold.com website.
5. Site Changes and Updates
You understand that Hours of Pure Gold.COM has the right, at its sole discretion, to make any and all changes and updates to the HoursofPureGold.com website without any prior notification to you.
6. Term of Agreement
The initial term of this Agreement is from the date that you enter into this Agreement until such a time you decide to terminate your affiliate membership or when the site is terminated by Hours of Pure Gold.com. If it is canceled or terminated for any reason, you understand that you will permanently lose all rights as an HoursofPureGold.com member. Your site shall be disabled and you will not be able to promote your home-based business through the site. In the event of cancellation or termination, you agree to waive all rights you have to your HoursofPureGold.com website address.
7. Cancellation
You may cancel this Agreement at any time with or without reason. To cancel this Agreement, log into the Affiliates area of your HoursofPureGold.com website and click on the "Cancel Service" link and follow the instructions that appear at that page. Completion of the Reason for Cancellation section is optional. As provided in Section 9 hereof, you agree that Hours of Pure Gold.COM may terminate this Agreement at any time, at its sole discretion, due to your violation of any of the terms of this Affiliate Agreement.
8. Trademarks and Trade Names
You understand and agree that Hours of Pure Gold.com will not allow the use of its trade names, trademarks, designs or symbols without its prior written permission.
9. Spamming
Hours of Pure Gold.com absolutely does not tolerate or condone SPAMMING. By entering into this Agreement, you agree that you will not use or transmit unsolicited faxes, mass e-mail distribution, unsolicited e-mail, or "spamming" relative to the promotion of your HoursofPureGold.com website or your home-based business. The terms "unsolicited faxes" and "unsolicited e-mail" mean the transmission via telephone facsimile or electronic mail, respectively, of any material or information advertising or promoting any HoursofPureGold.com website or home-based business that is transmitted to any person. The immediately foregoing definition does not include a fax or e-mail: (a) to any person with that person's prior express consent, invitation, or permission; or (b) to any person with whom you have an established business or personal relationship. The terms "established business or personal relationship" mean a prior or existing relationship formed by a voluntary two way communication between you and a person, on the basis of: (a) an inquiry, application, purchase or transaction by the person regarding products or services offered by you; or (b) a personal or familial relationship, which relationship has not been previously terminated by either party.
10. Terms of Use of the HoursofPureGold.com website
By entering into this Agreement, you understand and agree with the following Terms of Use:
a. Ownership, License and Restrictions on Use. You acknowledge that the Affiliate Site contains information, software, photos, video, text, graphics, music, sounds or other material (collectively "Content") that are protected by copyrights, patents, trademarks, trade secrets or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. The Hours of Pure Gold.com name and logo are trademarks of Hours of Pure Gold.com. All other trademarks appearing on the Affiliate Site, if any, are trademarks of their respective owners. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, perform, display, or in any way exploit, any of the Content or Affiliate Site, in whole or in part. You are granted permission, to the extent necessary in order to lawfully access and use the Affiliate Site, to display, download, archive and to print in hard copy, portions of the Affiliate Site for personal use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use, or if this Agreement is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without Hours of Pure Gold.com prior written permission, remove or mirror any material contained on the Affiliate Site on any other server.
You agree that you will not copy, disassemble, de-compile, or otherwise reverse engineer the Affiliate Site or otherwise attempt to learn the source code, structure, algorithms or ideas underlying the Affiliate Site, or take any action contrary to this Agreement.
b. KAW Enterprises access to your HoursofPureGold.com website. In order to permit Hours of Pure Gold.com to protect the quality of its products and services, you hereby consent to KAW Enterprises or Hours of Pure Gold.com employees being able to access your account and records on a case-by-case basis at the sole discretion of KAW Enterprises or Hours of Pure Gold.com. Notwithstanding the foregoing, in no event will KAW Enterprises or Hours of Pure Gold.com view, access or capture the lead information generated by your Site. Nor shall KAW Enterprises or Hours of Pure Gold.com give, sell, lease, license, transfer, or otherwise distribute such information to any person or entity. All such information shall be provided only to you.
c. Disclaimer of Warranties. KAW Enterprises uses diligent efforts to maintain the HoursofPureGold.com website, but KAW Enterprises is not responsible for any defects or failures associated with the Site or any damages (such as lost profits or other consequential damages) that may result from any such defects or failures.
THE HoursofPureGold.com website IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS AND YOU USE IT AT YOUR SOLE RISK. HOURS OF PURE GOLD.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Hours of Pure Gold.COM disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to (a) any errors in or omissions from the HoursofPureGold.com website and its content, including but not limited to technical inaccuracies and typographical errors, (b) the unavailability of the Site or any portion thereof, (c) your use of the HoursofPureGold.com website, or (d) your use of any equipment or software in connection with the Site. Nor does Hours of Pure Gold.com warrant, guaranty or make any representations regarding the security of your account, or that the HoursofPureGold.com website is free from destructive materials, including but not limited to computer viruses, hackers, or other technical sabotage.
d. Indemnification. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities which occur under your account. You agree to indemnify, defend, and hold harmless KAW Enterprises or Hours of Pure Gold.com, affiliates and subsidiary companies, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorney fees) arising from your use of the HoursofPureGold.com website, your violation of the Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. You agree to immediately notify Hours of Pure Gold.com of any unauthorized use of your account or any other breach of security known to you.
11. Updating of Account Information
You understand and agree that it is your responsibility to insure that your account information, including your mailing address, e-mail address, and telephone numbers, are current.
12. No Assignment
You may not assign any rights or delegate your duties under this Agreement without the prior written consent of KAW Enterprises or Hours of Pure Gold.com. Any attempt to transfer or assign this Agreement without the express written consent of KAW Enterprises or Hours of Pure Gold.com renders this Agreement voidable at the option of KAW Enterprises or Hours of Pure Gold.com and may result in termination of the same.
13. Violation of Agreement
You understand that if you fail to comply with the terms of this Agreement, Hours of Pure Gold.com may, at its discretion, terminate this Agreement or impose upon you other disciplinary action.
To the extent permitted by law, KAW Enterprises and Hours of Pure Gold.COM, shall not be liable for, and you release KAW Enterprises and Hours of Pure Gold.com from, and waive all claims for any loss of profits, indirect, direct, special or consequential damages or any other loss incurred or suffered by you as a result of: (a) your breach of this Agreement; (b) the improper promotion or operation of your HoursofPureGold.com website and any activities related to it; (c) any incorrect or wrong data or information provided by you; or (d) the failure to provide any information or data necessary for KAW Enterprises or Hours of Pure Gold.com to operate its business. You further agree to indemnify, hold harmless, and defend at your expense KAW Enterprises and Hours of Pure Gold.com against any and all claims, demands, costs, losses, damages, liabilities, judgments, attorney fees and all other expenses arising or alleged to arise in connection with your HoursofPureGold.com website and your promotion of the same.
14. Entire Agreement
This Agreement contains the entire contract between KAW Enterprises, Hours of Pure Gold.com and you. Any promises, representations, offers, or other communications not expressly set forth in this Agreement are of no force or effect.
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15. Acknowledgment
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE HOURS OF PURE GOLD.COM AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET
