influentialads.com Privacy Policy
Influential Ads has created this privacy policy in order to demonstrate our firm commitment to your privacy. The following discloses our information gathering, use and dissemination practices solely for the web site on which this policy is placed by Intelligent Marketing via a hyperlink (the "Site"), and not to any other web site, product or service. By using or accessing the Site, you signify your assent to our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
Collection of Personal Information
We do not collect personal information about Site users unless such information is voluntarily provided by the user. Our registration forms require consumers to provide certain contact information such as name, email address, telephone number, mobile number, physical address and other personal information.
Use of Personal Information and sharing with Third Parties
Many of our services involve the collection of personal information. Therefore, you should carefully read our information disclosure practices below and consider whether or not you want to provide such information. The personal information voluntarily provided by users is used and shared as described in this policy, including to:
1. provide you with the services or products you have requested from us,2. send you promotional offers for various products and services via direct mail, telemarketing, SMS text messaging and email
SMS text messaging and email either themselves or through their affiliates or customers. We may use vendors and contractors to provide our services. Therefore, such vendors and contractors may be provided with your personal information, but they are only allowed to use such personal information in connection with the services they provide to the Site.
Certain offers are provided by third parties. If you provide your personal information for certain offers, we may give your personal information to such third parties for them to contact you directly. After the information is given to such third parties, those parties will use the information pursuant to their own privacy practices and Intelligent Marketing is not responsible for, or able to control, such practices. Therefore, if you do not want your personal information used in this manner, you should inform Influential Ads about it.
Consumers who opt-in to receive offers or voluntarily provide their personal information to Influential Ads may receive emails, telephone calls or direct mail from Influential Ads or our partners with whom we share personal information. If you do not want to receive offers from Influential Ads or its partners, then you should not provide personal information in connection with any offers on the Site. In addition, you may opt-out of receiving certain future communications from us (but not third parties who have been provided with your personal information as explained in this policy) by following the instructions in the Choice/Opt-Out section below.
Please note that we reserve the right to access and/or disclose personal information and non-personal information we gather as required by courts or administrative agencies and to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, a web site’s terms, or the rights of third parties or to investigate any suspected conduct which we deem improper. We may also disclose and/or transfer your personal information in connection with a sale, merger or reorganization of all or a part of Influential Ads.
Collection and Use of Non-Personal Information
We may collect non-personal information (or aggregate information) during your use of our Site, including IP address, pages viewed, click-stream data and browsing habits. Non-personal information may be shared with third parties who are not affiliated with Influential Ads.
Our Site uses cookies to keep track of your session and to make sure you don't see the same ad repeatedly. We use (and our third party advertisers and business partners may use) cookies to deliver content specific to your interests. We also use cookies once a form is submitted as an indicator that the form was filled. "Cookies" are pieces of information that may be placed on your computer by a web site for the purpose of facilitating and enhancing your communication and interaction with that web site. Many web sites use cookies for these purposes. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Site, but it may interfere with some of its functionality. Influential Ads does not use cookies to automatically retrieve personal information from your computer without your knowledge.
In addition to cookies, we may also use (and our third party advertisers and business partners may use) clear gifs or web beacons to improve the performance of the Site, provide certain features such as advertising or to anonymously track usage of the Site. Clear gifs / web beacons are tiny graphics with a unique identifier, which operate much like a cookie, and are used to track the online activity of Site users. In addition, we may use such devices in our HTML-based emails to track the usage of such emails in much the same manner as usage of the Site is tracked. These devices are not used by Influential Ads to automatically collect person information.
Security
This Site has reasonable security measures in place to attempt to protect against the loss, misuse or alteration of personal information under our control. However, due to the inherent open nature of the Internet, we cannot guarantee that communications will be free from unauthorized access by third parties such as hackers and your use of the Site demonstrates your assumption of this risk.
Choice/Opt-Out
To opt-out of any mailings from Influential Ads, you may follow the opt-out procedures set forth in our emails to you or send an email to us at optout@cpafuture.com If you do not wish us to share your personal information with third parties who may use such information for direct marketing purposes, you may send an email to us at removepersonalinfo@cpafuture.com
However, we are not responsible for removing your personal information from the lists of any third party who has previously been provided your information in accordance with this policy. You will need to contact such third parties directly, review their privacy policies or respond to their messages sent to you and request to opt-out.
All opt-out requests sent to us to opt-out of future correspondence or use of personal information by us will be process as soon as possible, though you may continue to receive messages from us and we may continue to share your personal information until such request is processed.
Changes to Privacy Policy
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time by posting such changes on this page. You should check this page frequently to see if there have been any changes. However, if at any time in the future we plan to use personal information in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Site following the posting of any changes to this policy means you accept such changes. Terms of Use Use of this Site is governed by, and subject to, the legal notices contained in our Terms of Use, Terms and Conditions or similar policies set forth on the Site. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE PROVISIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.
USA Our Site is maintained in the United States of America. By using the Site, you freely and specifically give us your consent to export your personal information to the USA and to store and use it in the USA as specified in this policy. The laws of the State of New York, USA shall apply to all collection and use of information in connection with this Site. Effective Date This privacy policy was last updated on Dec 12, 2009.
Contacting Influential Ads
If you have any questions about this privacy policy, the practices of this Site, or your dealings with this Site, you can contact us by going to the contact us page, for the most updated contact info.
Terms & Conditions
Affiliate Program Operating Agreement This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between Influential Ads ("Influential Ads" or "we"), and you, ("you" or "Affiliate") the party submitting an application to become a Influential Ads affiliate). The terms and conditions contained in this Agreement apply to your participation with cpafuture.hasoffers.com ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by Influential Ads or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
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Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
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Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Influential Ads agrees as follows:
We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Influential Ads and (v) is not later determined by Influential Ads to be fraudulent, incomplete, unqualified or a duplicate.
We will pay you any Commissions earned monthly, provided that your account is currently greater than $. Accounts with a balance of less than $ will roll over to the next month, and will continue to roll over monthly until $ is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Payment for Commissions is dependent upon Clients providing such funds to Influential Ads, and therefore, you agree that Influential Ads shall only be liable to you for Commissions to the extent that Influential Ads has received such funds from the Clients. You hereby release Influential Ads from any claim for Commissions if Influential Ads has not received such funds from the Clients.
Influential Ads shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Influential Ads in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to Influential Ads in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide Influential Ads with Affiliate's reports within three (3) days after 30th day of the calendar month, and if Influential Ads's and Affiliate's reported statistics vary by more than 10% and Influential Ads reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then Influential Ads and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Influential Ads's numbers shall govern.
If Affiliate has an outstanding balance due to Influential Ads under this Agreement or any other agreement between the Affiliate and Influential Ads, whether or not related to the Affiliate Program, Affiliate agrees that Influential Ads may offset any such amounts due to Influential Ads from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Influential Ads informs you that it considers objectionable (collectively, "Objectionable Content").
Not make any representations, warranties or other statements concerning Influential Ads or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Influential Ads or Clients or a part of the Program Web Site, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to Influential Ads and Clients for use as intended by Influential Ads and Clients.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Influential Ads or Client, or as required by applicable laws regarding such Offers.
Make sure to not place Influential Ads ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
Email Campaigns. For all email campaigns, Affiliate must download the "Suppression List" from the Offers section of Influential Ads. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Influential Ads will provide an opt-out method in all Links, however, if any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to Influential Ads at harikrishnapancholi@gmail.com. Affiliate's emails containing the Links may not include any content other than the Links, except as required by applicable law.
Affiliate agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, possible legal action and any other rights or remedies available to Influential Ads pursuant to this Agreement or otherwise. Affiliate further agrees that it will not mail or market to any suppression files generated through the Influential Ads network, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program, possible legal action and any other rights or remedies available to Influential Ads pursuant to this Agreement or otherwise.
Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Influential Ads in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to Influential Ads the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of Influential Ads in the Network upon written notice from Influential Ads. Unless Influential Ads has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Influential Ads, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
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Confidentiality
Except as otherwise provided in this Agreement or with the consent of Influential Ads, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
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Limited License & Intellectual Property
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.
You may not alter, modify, manipulate or create derivative works of the Links or any Influential Ads graphics, creative, copy or other materials owned by, or licensed to, Influential Ads in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Influential Ads's trademarks, service marks, copyrights, patents or trade secrets. You agree that Influential Ads may use any suggestion, comment or recommendation you choose to provide to Influential Ads without compensation. All rights not expressly granted in this Agreement are reserved by Influential Ads.
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Termination
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Influential Ads or Client intellectual property, and will cease representing yourself as a Influential Ads or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
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Remedies
In addition to any other rights and remedies available to us under this Agreement Influential Ads reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Influential Ads determines that you have violated this Agreement, (ii) Influential Ads receives any complaints about your participation in the Affiliate Program which Influential Ads reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Influential Ads reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
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Anti-Spam Policy
You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to Influential Ads for approval by sending it to your Influential Ads representative and upon receiving written approval from Influential Ads of your email the email may be transmitted to third parties.
It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Influential Ads's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Influential Ads's approval.
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Fraud
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Influential Ads shall make all determinations about fraudulent activity in its sole discretion.
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Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Influential Ads represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Influential Ads's own business operations or Influential Ads's proprietary products or services.
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Modifications
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Influential Ads may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from Influential Ads to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
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Independent Investigation
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 Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
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Mutual Indemnification
Affiliate hereby agrees to indemnify, defend and hold harmless Influential Ads and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or Influential Ads or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
Influential Ads hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that Influential Ads is not authorized to provide you with the Links.
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Disclaimers
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, Influential Ads EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. Influential Ads DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. Influential Ads EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. Influential Ads DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
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Limitation of Liability
IN NO EVENT SHALL Influential Ads BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF Influential Ads. IN NO EVENT WILL Influential Ads BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Influential Ads HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Influential Ads'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY Influential Ads IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
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Governing Law & Miscellaneous
Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Influential Ads to enforce the terms of this Agreement. This Agreement contains the entire agreement between Influential Ads and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Influential Ads shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Influential Ads "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without Influential Ads's prior written consent. Influential Ads may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 12-01-2012.