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1. ENROLLMENT. By submitting an Affiliate application you
agree that you have read and understood the terms and conditions
and you are
entering a legal agreement with ABIKA.COM in accordance with and
governed by the terms and conditions contained below.
2 TERM: This Agreement begins after ABIKA.COM has received
your application and has notified You of its acceptance and shall continue until terminated by either You or ABIKA.COM, which may be done for any reason or no reason on
written notice to the other party. In the event either party
terminates this Agreement, You shall immediately remove all
links and any other reference on Your Web Site to ABIKA.COM and
shall immediately return to ABIKA.COM all Web Site Material
provided to you by ABIKA.COM. Any amount still owed to You at
the time of termination shall be paid to You in accordance with
the terms of this Agreement.
3. COMMISSIONS: ABIKA.COM shall pay You a commission of 10%
of net sales on all search orders. If your monthly net sales
volume is greater than $1000 the commission rate will be
increased to 20% for all emails, IM's and IP related orders. (Net
sales are defined as gross sales less refunds, chargebacks
and shipping and processing fees) generated by customers who connect to ABIKA.COM
through Your Web Site and purchase ABIKA.COM’s products and
searches. ABIKA.COM shall pay commissions on accounts that have
a minimum of $100 in earned commissions by Paypal on a quarterly
basis. You are responsible for payment of all federal, state or
local taxes related to Your performance of this Agreement.
4
Indemnification: ABIKA.COM WILL NOT BE LIABLE TO YOU FOR INCIDENTAL,
INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES
OF ANY KIND - INCLUDING LOST REVENUES OR PROFITS, LOSS OF
BUSINESS OR LOSS OF DATA -- ARISING OUT OF THIS AGREEMENT
(INCLUDING WITHOUT LIMITATION AS A RESULT OF ANY BREACH OF ANY
WARRANTY OR OTHER TERM OF THIS AGREEMENT), REGARDLESS OF WHETHER
EITHER PARTY WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT
KNEW OF THE POSSIBILITY THEREOF.
5 Breach of Representation, Warranty or Covenant:
You agree to defend, indemnify and hold ABIKA.COM and each of
its officers, directors, employees and agents harmless against
and in respect of any loss, debt, liability, damage, obligation,
claim, demand, judgment or settlement of any nature or kind,
known or unknown, liquidated or un liquidated, including without
limitation all reasonable costs and expenses incurred (legal,
accounting or otherwise) (collectively, "Damages") arising out
of, resulting from, or based upon any claim, action or
proceeding by any third party alleging facts or circumstances
constituting a breach of the representations and warranties.
6 Limitation of Liability:
ABIKA.COM will not be liable to you for incidental, indirect,
consequential, special, punitive or exemplary damages of any
kind - including lost revenues or profits, loss of business or
loss of data -- arising out of this agreement (including without
limitation as a result of any breach of any warranty or other
term of this agreement ABIKA.COM's liability to You for any and
all claims and damages incurred by You relating to or arising
out of the subject matter of this Agreement, whether in
contract, tort, implied warranty, strict liability or other form
of action, except for (a) real or tangible property damage or
personal injury or death; (b) claims for violations of a party's
intellectual property rights; and (c) any right of indemnity
provided herein; shall be limited to the lesser of (x) the
amounts paid by ABIKA.COM to You pursuant to this Agreement for
the preceding six months or (y) one thousand dollars. The
warranty disclaimers and limitations in this Agreement are
intended to limit the circumstances of liability.
7 Governing Law: This Agreement, its interpretation, performance or any
breach thereof, shall be construed in accordance with, and all
questions with respect thereto shall be determined by, the
internal, substantive laws of the State of Wyoming. In connection with any judicial proceeding: (i)
the parties consent to the exclusive jurisdiction of the state
and federal courts located in Wyoming (ii) both Parties
waive personal service and agree that service of any pleading,
notice, complaint, etc. may be served by certified mail by one
party to the other party at such other party's address for
notices as set forth above; and (iii) such service shall be
deemed effective as if personally served upon the receiving
party at its principal place of business.
8 Independent Contractors:
You and ABIKA.COM are independent contractors under this
Agreement, and nothing herein shall be construed to create a
partnership, joint venture or agency relationship between
ABIKA.COM and You. Neither party has the authority to enter into
agreements of any kind on behalf of the other party.
9 Notice: All notices, demands and other communications hereunder
shall be in writing or by written telecommunications, and shall
be deemed to have been duly given if emailed to help@abika.com
or such other address as ABIKA.COM may specify by notice given
in writing.
I have read,
understand and agree to the above terms |
