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Please
read the agreement document below before registering.
I
accept these terms and wish to register.
1)
Term of the Agreements:
The term of this Agreement will begin upon our acceptance of your
Affiliate application and can be terminated by either party. You
may terminate this Agreement, with or without cause, at any time
by giving written notice of termination.
We will only terminate this agreement if we determine that
you have unjustly or negatively represented The Bomb Energy.
We may terminate this agreement in writing with or without
notice.
2)
Modification: We
may need to modify 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, fee schedules, payment procedures and
Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU
HAVE THE RIGHT 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)
Limitation of Liability:
We reserve the right to 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.
4)
Independent Investigation:
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL
ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY (DIRECTLY OR
INDIRECTLY) SOLICIT CUSTOMER REFERRALS FOR NEWSLETTERS, PRODUCT
UPDATES, SPECIALS OR SALES. YOU WILL BE PAID ANY COMMISSIONS OWED
TO YOU FROM CUSTOMERS THAT REORDER WHICH ORIGINATED FROM YOUR SITE
AS LONG AS THIS AGREEMENT IS STILL IN PLACE.
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 Michigan, 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 Detroit,
Michigan, 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.
6)
Independent Contractors:
Merchant and Partner are independent contractors and nothing in
this Agreement or the Program is intended to or will create any
form of joint venture, agency, franchise, sales representative, or
employment relationship.
I
accept these terms and wish to register.
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