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By signing up as an affiliate with
Ezines-R-Us.com, you agree to the following
Terms of Service.
This
agreement is by and between Ezines-R-Us.com
and/or their assigns. Unless the context
requires otherwise, Ezines-R-Us.com and/or
their assigns shall be referred to as "us, we,
or our" and you shall be referred to as "you,
your or affiliate."
You
understand that Ezines-R-Us.com/EvieB.com
and/or their assigns does not guarantee or
predict any type of profit or response from
said services. Affiliate agrees to hold
Ezines-R-Us.com harmless from and against any
and all losses, claims, expenses, suits,
damages, costs, demands or liabilities, joint
or several, of whatever kind or nature which
Ezines-R-Us.com and/or their assigns may
become subject arising out of or relating in
any way to the use of the services provided
under this agreement, including, without
limitation, in each case attorney's fees,
costs and expenses actually incurred in
defending against or enforcing any such
losses, claims, expenses, suits, damages or
liabilities.
A.
Services to be Provided. We agree to pay
Affiliates certain commissions as described on
our website for referral sales made by
customers.
Publishers who are listed in the Ezines-R-Us
Directory must agree to the following terms
and conditions:
You agree to contact and verify each
Subscriber within 48 hours of acceptance from
Ezines-R-Us
and publish their Ad in your Ezine-Newsletter
within 4 weeks of receiving them. Should you
have any questions regarding a specific Ad or
Subscriber, you agree to contact Ezines-R-Us
with the nature of your concern.
You agree to add each Advertiser's
SUBSCRIPTION email address to your
Ezine/Newsletter list. It is entirely up to
you to keep your subscribers. The Advertisers
are free to unsubscribe any time after
their Ad is published in your
Ezine/Newsletter. Should a Subscriber
unsubscribe prior to their Ad being published,
you are not obligated to run their Ad.
You agree to contact Ezines-R-Us in the event
of any dispute between an Advertiser sent by
Ezines-R-Us to you.
You agree Ezines-R-Us is not responsible for
the legitimacy or content of any
advertisement. We do verify all information
before submitting.
You agree to provide accurate information when
requested to provide Ezine/Newsletter updates.
B. Termination. We may terminate your account:
(a) if you
violate our Terms Of Service Policy; (b)
promote BestSoftwarePackages.com in a manner
that is unethical or inappropriate; or (c) for
any reason, in our sole discretion.
C. No
Warranties. WE MAKE NO WARRANTIES TO YOU OF
ANY KIND, EXPRESSED OR IMPLIED, WITH RESPECT
TO THE SERVICE EZINES-R-US.COM OR EVIEB.COM,
ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU.
WE EXPRESSLY DISCLAIM ANY IMPLIED WARRANTY OF
MERCHANTABILITY OR FITNESS OF THIS SERVICE FOR
A PARTICULAR PURPOSE. We shall not be liable
for any damages suffered by you, whether
indirect, special, incidental, exemplary, or
consequential, including, by not limited to,
loss of data or service interruptions,
regardless of cause or fault. We are not
responsible for your lost profits or for your
loss of data or information. If
notwithstanding this clause we are held liable
to you.
D. TERMS. You
agree: (1) to use our system in a manner that
is ethical and in conformity with community
standards; (2) to respect the privacy of other
users (you shall not intentionally seek data
or passwords belonging to other users, nor
will you modify files or represent yourself as
another user unless explicitly authorized to
do so by that user); (3) to respect the legal
protection provided by copyright law, trade
secret law, or other laws protecting
intellectual property. 4) to accept commercial
emails from us.
If we learn of
a violation or likely violation of our TERMS
OF SERVICE, we will attempt to notify you. If
you do not take immediate remedial action
which is satisfactory to us, or in the event
of a serious violation of the TERMS OF
SERVICE, we reserve the right to terminate
your account immediately. Every effort will be
made to inform you prior to account
termination, and to re-establish your account
upon receiving such representations from you
as we deem appropriate in the circumstances.
YOUR SERVICE
WILL BE TERMINATED IMMEDIATELY AND WITHOUT
WARNING SHOULD YOU USE OUR SYSTEM AS PART OF
ANY BULK EMAIL CAMPAIGN. You may also be
subject to fines and legal actions as a result
of your bulk email promotion..
E. Assignment.
This agreement is personal to you. You may not
assign your rights under this agreement
without our prior written consent. If you do
assign your rights, as would be the case were
someone other than you to use your account,
you shall remain liable to us for any fees due
under this agreement. We may assign this
agreement at any time.
F. Change of
Terms and Conditions. We reserve the right to
change the terms and conditions of this
agreement as needed. Use of our servers by you
after said changes constitutes acceptance of
those new terms and conditions. If you do not
agree to the new terms and conditions, you may
terminate this agreement in accordance with
Section B.
G.
Notification of Account Changes. You agree to
provide us with such other information
relating to your use of this service as we
deem necessary or desirable. You agree to
notify us if your address, email address,
telephone number, billing information changes.
H. Notices.
All notices, requests, demands, and other
communications under this agreement shall be
in writing and shall be deemed to have been
given on the date of delivery: if delivered
personally to the party to whom notice is to
be given; if sent by electronic mail with a
cc: to sender; if sent by fax; or on the third
day after mailing by first class mail.
I. General
Provisions. The subject headings of the
articles and sections are for convenience
only, and shall not affect the construction or
interpretation of any of its provisions. If
any portion of this agreement is found invalid
or unenforceable, that portion shall be
severed and the remainder of this agreement
shall remain in force. This agreement
constitutes the entire agreement between us
pertaining to its subject matter and
supersedes all of our prior agreements,
representations, and understandings. Subject
to Section I, no supplement, modification, or
amendment of this agreement shall be binding
unless executed in writing by both parties. No
waiver of any of the provisions of this
agreement shall be deemed, or shall
constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver
constitute a continuing waiver. No waiver
shall be binding unless executed in writing by
the party making the waiver. This agreement
may be executed in one or more counterparts.
Each shall be deemed an original, but all of
which together shall constitute one and the
same instrument. If an organization is the
subscriber, the individual signing up for our
services represents that he or she is duly
authorized to enter into this agreement on
behalf of that organization. In the event of a
dispute, the parties agree to submit the
matter to the Community Dispute Resolution
Service or any recognized Arbitration Board
located within our state and county, before
instituting litigation.
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