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Affiliate
Agreement
Please read the agreement
below before registering.
1) Term of the Agreements:
The term of this Agreement will begin upon our acceptance of your
Affiliate application and will end when terminated by either party.
Either you or we may terminate this Agreement at any time, with
or without cause, by giving the other party written notice of termination.
You are only eligible to earn referral fees on sales occurring during
the term.
2) Modification:
We may modify any of 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, changes in the scope of available referral
fees, fee schedules, payment procedures and Program rules. IF ANY
MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS 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 will 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 to 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 AT ANY TIME
(DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT
MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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 North Carolina, 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 North Carolina, 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)
Terms: Terms: Discreet Research, Inc will pay Affiliate
thirty days (30) after the end of each calendar month for all commissions
earned during the prior month, less any taxes we may be required
to withhold, and less any amount Discreet Research, Inc determines,
in its sole discretion, was not validly earned from proper use of
the link on affiliate's web site. If commissions earned during any
calendar month are less than $25, then Discreet Research, Inc may
hold those commissions until the month in which the total amount
due is at least $25 or (if earlier) until this Agreement is terminated.
Due to the nature of our services when a client completes a order
form for service and does not provide us with all the information
needed to conduct a public record search, the order will be cancelled
and the sale will be deducted from your affiliate account.
I
accept these terms and wish to register.
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