Mx
Training Journal
Affiliate Agreement, Anti-Spam Policy And Earnings Disclaimer
To: All Mx Training Journal Affiliates
From: John Melin
Last update: June 10, 2007
I hope you are not one of those internet marketers or
affiliates who make it a habit of ignoring long, boring,
and dry affiliate agreements or anti spam guideline pages.
I urge you TO NOT ignore this one!
Why do I say that? Simply because WE DO’NT ABIDE
SPAM OR ANY AFFILIATE PROGRAM MISUSE IN ANY MANNER, FORM
, OR SHAPE! Any infraction of the rules will result in
your ClickBank account BEING CLOSED DOWN. ALSO, YOU WILL
LOSE YOUR EARNINGS! We have in the past instructed ClickBank
to close down many spammers. This is our policy and we
will adhere to it. Therefore you are urged to read each
word contained in this agreement. All affiliates are responsible
for abiding by our rules!
Mx Training Journal
Affiliate Agreement, Anti-Spam Policy And Earnings Disclaimer
1. Agreement
By utilizing this internet website, you understand that
you are agreeing that you understand you are entering
into a binding and legal agreement (the “Agreement”)
with John M Software, also conducting business as MxTrainingJournal.com
(“Mx Training Journal” or “Company”)
and contains all relevant terms and conditions that govern
your or your company’s (in either case, “You”
or “Your”) participation in Mx Training
Journal’s Affiliate Program (the “Program”).
The ClickBank online registration that you complete (described
below in Section 5) and this Agreement comprise Your application
for participation in the Program. Mx Training Journal’s
third-party managing affiliate, ClickBank, will assess
Your application, then will inform You concerning Your
acceptance or Your rejection. In the event that ClickBank
accepts and confirms Your application, You agree to be
bound by ClickBank’s terms of service. ClickBank
is in no way obligated to accept and confirm Your application,
and reserves the right, in its solitary discretion and
for any reason whatsoever or for no reason at all, refuse
Your application. You represent and guarantee that You
have read the Agreement and understand, and consent to
be bound by, the Agreement and ClickBank's service terms.
2. Statement of Investigation
You concede that You have completely read and that you
completely understand this Agreement. You agree that You
have independently judged the appeal of being a Program
participant and that You aren’t relying on any suggestion,
guarantee or declaration not set forth in this Agreement.
3. Eligibility
You hereby represent, agree, and warrant that You are
at a minimum of 18 years of age and that also You are
otherwise qualified legally to form and enter into contracts
under any and all applicable laws. Any individual person
entering into this Agreement as a representative of a
company further represents and warrants that they have
authority to act and enter into contracts on as a representative
of, that company.
4. Administration of the Program by ClickBank;
Registration
The Program is administered completely through ClickBank
(www.ClickBank.com), which
is a third-party payment processing and affiliate management
company. The Program is controlled by, in conjunction
with this Agreement, ClickBank’s Client
Contract and the totality of its rules, regulations
and terms of conditions contained therein. In the case
of a difference between ClickBank’s Client Contract
and this Agreement, this Agreement shall supercede the
Client Contract. ClickBank is authorized collect and make
use of certain data about you, as is specified in ClickBank’s
Privacy
Policy. Before providing any information to ClickBank,
you agree to review ClickBank’s privacy policy.
IF YOU DON’T COMPREHEND OR DON’T AGREE TO
ALL THE TERMS IN CLICKBANK’S PRIVACY POLICY, YOU
MUST NOT ATTEMP TO SIGN UP TO PARTICPATE IN THE PROGRAM.
In
order to enroll in the Program, You will complete, and
then submit information through, ClickBank’s SIGN
UP FORM. On ClickBank’s form, you’ll
be requested to designate a ClickBank account name (which
is additionally known as a ClickBank affiliate’s
"nickname") comprised of five to ten letters
and digits. Your account name is to be used in the affiliate
hypertext link that tracks all sales attributable to
you; ClickBank has designated such affiliate links with
the term "hoplinks," which are defined further
in ClickBank’s Client Contract. When a potential
customer clicks your affiliate hoplink, the destination
site will be www.mxtrainingjournal.com.
5.
Affiliate Link, Mx Training Journal Marks and Copyright;
and License
(a) Affiliate Link. ClickBank agrees to provide
You with a copy, in electronic format, of a clickable
hypertext link (or, a hoplink, as was defined above),
by which a viewer of a web page which contains such
link has the ability to purchase Mx Training Journal
products, including, but not strictly limited to, the
software Mx Training Journal (the "Affiliate
Link").
(b)
Marketing Tools and software. MxTrainingJournal.com
will provide you with a variety of types of media as
well as marketing materials ("Marketing Tools")
to help you to promote Mx Training Journal products.
Some such Marketing Tools may are text advertisements,
banner advertisements, photos of the author, solo emails,
PDFs which are brand able, sales letters, product reviews,
informative articles, and other materials. The Marketing
Tools will contain the trademark: "Mx Training
Journal". This is a registered trademark ("the
Mark") of John Melin. In addition, the software
known as Mx Training Journal is completely protected
by a registered copyright, and all Marketing Tools are
copyright protected, of which all are completely owned
by John Melin. The Marketing Tools, the Mark and the
Mx Training Journal copyrights are owned exclusively
by John Melin, and You gain no ownership or any other
rights in such Marketing Materials, Mark or copyrights,
except those which are specifically granted in this
paragraph 6.
(c) License.
i. MxTrainingJournal.com hereby grants you a nonexclusive,
revocable, non-sub licensable license to use the Marketing
Tools, as subjected to the conditions set forth within
this Agreement and specifically Section 6(d) below.
MxTrainingJournal.com may, in its singular discretion,
terminate Your rights regarding the use of the Marketing
Tools and Your license thereto, whether with respect
to a single website or entirely, at any time and for
any or no reason, whether in connection with the termination
of this Agreement or otherwise.
ii. Additionally, MxTrainingJournal.com grants to You
a non-exclusive, revocable, non-sub licensable license
to register the Mark in a domain name, subject to all
of the conditions set forth within this Agreement and
specifically in this Section 6(c)(ii). Further, MxTrainingJournal.com
may, in its sole discretion, terminate Your right to
register any domain name, or maintain registration of
any domain name, which contains the Mark and Your license
thereto, at any time any for any or no reason, whether
in connection with the termination of this Agreement
or in any other case. Immediately upon the termination
of this Agreement or Your rights under this Section
6(c)(ii), You are obligated to transfer to MxTrainingJournal.com
any and all domain names containing Mark.
iii. Other than as exclusively granted in this Section
6 or in any other agreement made between You and MxTrainingJournal.com,
You will have no rights to use any Mx Training Journal
Mark, Marketing Tools or copyrights in any way whatsoever.
(d) Use of License. Your use of any of the
licenses and permissions which are contained in Section
6(c) is to be restricted to the sale of Mx Training
Journal products using ClickBank Affiliate Links. All
and any other uses of the licenses and permissions which
are contained in Section 6(c) are specifically prohibited
and do constitute a breach of this Agreement.
(e) Affiliate Link Formatting. The Affiliate
Link, or hoplinks, as they are defined by ClickBank,
contains certain link formats permitting the tracking,
the reporting, and the commission calculations made
by ClickBank. You are solely responsible for the use
of the Affiliate Link in a manner which guarantees the
correct tracking and calculation of any commission by
ClickBank. You won’t receive commissions on any
transaction initiated other than in conjunction with
the correct use of the Affiliate Link.
(f) Your Representations and Warranties. You
represent and warrant that you will not:
i.
Use the Affiliate Link and/or any Marketing Tools and/or
complete the registration of a domain name which contains
the Mark for any other purpose than that which is specifically
set forth in Section 6(d);
ii. Make use of the Affiliate Link and/or any Marketing
Tools on any website which is not listed on the ClickBank
online registration form or in any other way not approved
in writing by Mx Training Journal;
iii.
Modify, change, or alter the Affiliate Link, in any
way at all;
iv.
Register any domain name in agreement with this section
for the specific purpose of publicizing any products
which are not Mx Training Journal products;
v.
Use the Mark in any advertisements, including but not
limited to any pay-per-click advertising, with the intent
of promoting any product other than Mx Training Journal
products;
vi.
eBay & Auction Sites Prohibited. Use the Mark in
order to publicize any Mx Training Journal Products,
or to actually sell or otherwise dispense Mx Training
Journal Products, on eBay or through any other similar
online auction website, as You expressly warrant in
Section 7(d).
vii.
Display the Affiliate Link in any way which implies
any sponsorship or any endorsement by Mx Training Journal,
which is above and beyond Your involvement in the Program;
or
viii.
Use the Affiliate Link, or attempt to register any domain
name which contains the Mark, to ridicule Mx Training
Journal, any of its products or services, or in any
manner which, in Mx Training Journal’s rational
judgment, may marginalize or in any other way damage
Mx Training Journal’s goodwill with respect to
its Mark and copyright. You understand and agree that
said ridicule may affect the instant suspension and/or
termination of Your account and deletion of any imminent
commissions.
ix. Design and make public any of Your creative material
which contains the Mark or Mx Training Journal copyrights,
including without any limitation, banners or other graphical
depictions, without Mx Training Journal’s express
written consent. You also agree and affirm that You
are completely responsible for any and all expenses
which are related to the creation of any creative custom
materials.
x.
Present Mx Training Journal products and services in
any other way than has been set forth in the official
Mx Training Journal Website or Mx Training Journal Marketing
Tools. You shall make no claim with respect to any potential
income, services, earnings, products, or beyond that
which is stated at the official Mx Training Journal
Website. You also agree that You will not replicate
commission checks or dispense commission checks by any
means or in any form.
xi.
Advertise on any "free download" or any file
sharing websites. To be specific, you affirm that this
advertising on any "free download" or any
file sharing websites is by definition prohibited under
this Agreement. You may not use to use the Mark or the
name "John Melin" on any "free download"
or file sharing website to publicize or to dispense
any free reports or any free articles. Any such use
is considered to be a trademark infringement under both
this Agreement and the U.S. trademark laws. In addition,
you are prohibited from making any free article or any
free report download seem as if it’s the Mx Training
Journal ebook. You hereby agree that this misleading
use of "free download" and file sharing websites
is also considered to be classified affiliate abuse
by ClickBank.
7. Your Representations and Warranties
You hereby represent and warrant that:
(a) Registration Form. You have submitted complete
and truthful information on the ClickBank online registration
form, and that you shall without delay inform ClickBank
by written notice if any changes to any part of that
information occurs.
(b)
Obligations With Respect to Your Website and Your
Marketing Process of Your Website. You shall be
accountable for the coding and development, day to day
operation, and the maintenance of your site and for
the totality of materials and content which are displayed
on your site. In the coding and developing, day to day
operation, and maintenance your website, You will abide
by any and all Federal and state applicable laws, including
without limitation Federal and state intellectual property,
anti-spam, and privacy laws. Additionally, you will
not violate any rights, including without limits, intellectual
property rights held by any third party. Additionally,
you are individually responsible for guaranteeing that
Your Affiliate Link is properly configured to track
and record sales in order to be eligible for commissions.
(c)
Non-Bona Fide Transactions. Without constraining
any other condition of this Agreement, You are required
to advertise Mx Training Journal in such a way that
doesn’t mislead potential customers, and in such
a manner that guarantees bona fide dealings between
potential customers and Mx Training Journal. You will
not advertise, enable or in any other way initiate any
transactions that aren’t made in good faith, including
without limitation by use of any deceptive device or
technical implementation. Mx Training Journal will harbor
no responsibility to credit You for business dealings
which involve You or a potential customer acting as
Your representative for any non-bona fide business transactions,
including without limitation more than one transaction
set into motion by the same person, organization or
IP address.
(d) Prohibition against Advertising on Online Auction
Websites. Without restricting any other stated
provision made in this Agreement, You may not utilize
the Mark, Mx Training Journal copyrights or any name
acknowledged by or connected with Mx Training Journal,
to promote, or to sell or dispense, Mx Training Journal
products on eBay or another online auction site.
(e)
Prohibition against Resale. Without restricting
any other aspect of this Agreement, You shall not receive
payments or sell any Mx Training Journal products by
way of other sites while identified as a "reseller,"
and specifically no "resale" privileges are
granted to you at all. To be specific, you will not
sell Mx Training Journal products on eBay or another
online auction site, and you will not distribute any
free copies of any Mx Training Journal products.
(f)
Use of Tracking Code. Without restricting any
other stated provisions in this Agreement, You shall
not employ any tracking scripts, use any technology,
or perform any other action that would permit You to
assimilate personally identifiable data about or from
any potential customers, as such data is transmitted
to ClickBank via its secure server network.
(g)
Objectionable Content. You will not allow to
be viewable the Affiliate Link or Marketing Tools, or
advertise Mx Training Journal products or services,
on any sites that traffic in sexually explicit data,
violent behavior, warfare, or stolen materials, or websites
that encourage discrimination based on national origin,
physical disability, religion, race, or sex; or websites
that encourage illegal deeds, or websites that violate
or otherwise infringe on any trademark, copyright, or
any other intellectual property rights.
(h)
Privacy of Customer Data. In order to guard
customer privacy as defined by Mx Training Journal’s
Privacy Policy, if considered obligatory, Mx Training
Journal retains the right to hold back identifying customer
contact data from you. Mx Training Journal is under
no obligation to supply You with any kind of specific
data related to any customer, whether or not the customer
reached the Mx Training Journal Web site via your Affiliate
Link in Mx Training Journal’s Marketing Tools.
7.1 Warranties Regarding Email Marketing and
Spamming
You hereby accept and are agreement to abide by all
of the following restrictions with respect to email
whenever you participate in the affiliate marketing
program for Company.
(a)
SPAMMING IS NOT PERMITTED. For the scope of this Agreement,
spamming is whatever kind of emailing with a commercial
goal that has been unsolicited. If You engage in spam,
Mx Training Journal retains all rights, without prior
notice at any time to dissolve Your standing as an affiliate
and to convey orders to ClickBank to end your role as
an affiliate of Mx Training Journal and, in Mx Training
Journal’s individual judgment, end your ClickBank
account completely, in with regards to Section 11 below.
In order to convey notice of how spamming will have
as its effect termination of this Agreement, Mx Training
Journal has put into place its Anti-Spam Policy which
specifies the minimum standard which Mx Training Journal
demands of its affiliates to maintain. These are established
according to the current law and regulatory rules, and
standards regarding the broadcast of email, and current
best practices in the marketing industry. In the case
in which any federal or state law, rule or regulation
which controls email communications is enacted or changed
after the date the Agreement was made, enacting standards
of amore restrictive nature than those which were set
forth herein, the most restrictive of standards contained
in each enacted or amended law, amended rule or regulation
will be adhered to by all affiliates, notwithstanding
any thing different detailed in this Anti-Spam Policy.
Additionally, any email transmission, newsletter transmission,
or other marketing campaigns which are operated by You
MUST employ "permission" or "opt-in"
email list procedures and must meet or exceed the following
guidelines to ensure no termination of this Agreement.
i. You are allowed to distribute email content only
to persons currently and actively opted-in to receive
the email. The contents of every email transmission
will include (a) Your accurate point-of-origin email
address, complete transmission and routing data, (b)
clear, easily visible opt-out instructions viewable
in the primary line of the email text, if obligated
to do so by any applicable law; (c) a phone number or
legitimate email address where the recipient may get
in contact with You to submit complaints and/or opt-out;
(d) legitimate information with respect to the approach
which said recipient opted-in to originally to receive
email, (e) an authentic post address by which You may
be reached, and (f) the correct identifier and any valid
disclaimers which Company assigned to the email. You
will not, without the Company's previous written approval,
incorporate any redirect links or frames in any email.
WITHOUT LIMITING THE GENERALIZATION OF THE AFOREMENTIONED,
AND IN NO EVENT CAN YOU UTILIZE ANY SUCH NAME IDENTIFIED
WITH OR ASSOCIATED WITH MX TRAINING JOURNAL IN THE BODY
OF ANY EMAIL HEADER, SPECIFICALLY INCLUDING WITHOUT
LIMITATION THE MX TRAINING JOURNAL TRADEMARK, SERVICE
MARK OR TRADE NAME, THE NAME "JOHN MELIN"
OR THE PHRASE "MX TRAINING JOURNAL, " (OR
ANY COMBINATION THEREOF), FORGE ANY EMAIL HEADER INFORMATION
OR OTHERWISE PARTICIPATE IN UNTRUE OR DECEPTIVE CONDUCT.
ii.
You will (a) make sufficient disclosures as mandated
by the law to those resident on its email list(s) with
respect to Your email and privacy and security policies;
(b) reply to all complaints no later than two (2) business
day following You becoming aware of the said complaint,
(c) supply Company with a written copy of each and every
complaint, instantly upon Your receipt thereof, (d)
set into motion any corrective action Company requires
and (e) abide by any legal and/or other requirements
Company may realistically specify of you.
iii.
You shall supply a simple way for subscribers on your
email list emails to opt-out of their subscriptions
with concise and effective steps for unsubscribing.
Obviously, emailing an opt-outing subscriber from your
list must stop promptly, but in absolutely no case anymore
than three consecutive days, after the subscription
termination has been made.
iv.
You shall provide a physical opt-out method (such as
an email address to which opt-out messages may be routed
for additional contact by way of email or telephone)
to be available for the subscribers who want to end
their subscriptions however are not able or not willing
to follow the standard automatic procedures.
v.
You shall make certain that any potential downbeat influence
of your email campaigns is limited by professional list
management practices such as the removal of unknown
or extinct addresses.
vi.
You shall ensure that adequate steps are undertaken
to ensure that your opt-in lists aren’t used for
offensive purposes like emailing hateful emails or chain
letters. You shall employ your lists and administer
Your marketing campaigns to remain compliant with the
Children's Online Privacy Protection Act (COPPA).
vii.
You shall not transmit email to any unsubscribe list.
Accordingly, you shall keep a "suppression list"
of email addresses to filter all subscription requests
to prevent subscription of addresses from showing up
on the suppression list by unofficial third parties.
viii.
You will review all terms and conditions under which
all email addresses on third party lists have originally
been compiled. This is done to ensure that every recipient
has in fact opted-in to the category of mailing list
that you intend to maintain. You will certify that every
third party list operated by or on behalf of you have
been compiled by the third party source in accords with
identical standards to those listed above, and You shall
dispose of an outdated email list and generate a new
email list whenever there occurs a substantive change
in the subject matter or in the frequency of messages.
A simple notification about the newer email list may
be sufficient on the present email list, but the existing
subscribers shouldn’t be subscribed to the new
list without their knowledge.
7.2 Warranties regarding other Marketing Communications
and Spamming
You do here acknowledge and are agreeable to comply
with the following guidelines with respect to marketing
communications any time you engage in affiliate marketing
for Company.
(a) You shall not post any message to any Usenet, forums
or message boards which are not related to the immediate
topic being discussed, cross-posted directed to newsgroups
of unrelated topics, posted in unwarranted volumes,
or posted against forum and/or message board regulations.
You shall further be in agreement that it shall be your
direct responsibility to keep yourself abreast of any
existing or new forum and message board guidelines.
(b)
You shall not post any content on any free blog sites,
specifically multiple blog websites, which are not routinely
updated and which are used for the unique purpose of
the process of keyword spamming, or post any statements
on genuine blogs that infringe on the comment guidelines
of the owner of the blog. Furthermore You consent that
you are accountable to educate yourself with respect
to any blog rules or guidelines.
(c)
You shall not post advertisements on any chat sites,
or to one or more persons utilizing Internet Chat or
any "Instant Messaging" networks (such as
Yahoo).
(d)
You cannot participate in certain activities offline,
that are not strictly defined as spam but are comparable
in nature, for example, circulating flyers or leaflets
anywhere considered to be private property. Said circulation
is also prohibited as designated by applicable regulations,
rules, or laws.
(e)
You acknowledge and agree to receive email from Mx Training
Journal and ClickBank, including all material such as,
periodic sales reports, training articles, promotional
material, various newsletters and other communication.
7.3
Liquidated Damages for Infringement of Mx Training Journal’s
Anti-Spam Policy.
Since damages may often be hard to establish, if concrete
damages may not be reasonably determined then You consent
to compensate Company for liquidated damages amounting
to five hundred dollars per each instance of spam or
unrequited email originating from or in any other way
connected to your email account, or concrete damages,
whichever one is determined to be larger, as far as
such concrete damages can be realistically determined.
8. Indemnification
You shall indemnify, defend, and hold harmless Mx Training
Journal including its employees, directors, officers,
and agents (which are the "Indemnified Parties")
from any and all claims, demand or any other legal process
or action, including without limitation as to any legal
costs incurred or fees incurred, which arise from or
alleging evidence that, if factual, would represent
breach of the Agreement or any one of the representations
and warranties contained herein. The Indemnified Parties
reserve the right, although not an obligation, to take
part, through a counsel of their choosing, in any defense
by you which is required by this Section 8. You shall
not resolve any claim against any Indemnified Party
unless you have secured their prior written consent.
9. Customers; Order Fulfillment; Customer Service
Customers who buy services and products by way of the
Program are Mx Training Journal customers. Mx Training
Journal will be exclusively responsible for the duties
of processing all order transactions for Mx Training
Journal services and products, including but not limited
to the computer software Mx Training Journal. Mx Training
Journal is exclusively accountable for any and all customer
service requests.
10. Processing of Transactions by ClickBank;
Commissions
(a) Commissions. Mx Training Journal will compensate
you with a commission of fifty one percent of the total
revenue for each and every order that is placed via
Your Affiliate Link. ClickBank has the right to deduct
from all commission compensation amounts as needed to
recompense for any transaction costs, product returns
or any other charges. All commission checks shall be
remitted by ClickBank. For further information, please
consult ClickBank’s Accounting
Policy.
(b) Right to Reject Non-Compliant Transactions.
Mx Training Journal retains the exclusive right to refuse
any customer transaction originated in a way that doesn’t
fully meet the terms of this Agreement including any
and all other requirements communicated by ClickBank
and/or Mx Training Journal to You. Mx Training Journal
shall only compensate You with commissions on any transactions
which are tracked via ClickBank’s tracking process
and designate you as the primary starting place and
the destination being the Mx Training Journal site.
You shall have no rights to any commissions in the case
of a customer returning later to the Mx Training Journal
website via some other affiliate link or resource to
make a purchase.
(c) Tax Information. ClickBank reserves the
right to require you to supply Your tax identification
data connected to the distribution of any commissions
to you pursuant to this Agreement. You shall be held
responsible for all taxes with regard to any such commissions.
(d) Pricing of Products. Mx Training Journal’s
pricing of services and products are completely within
Mx Training Journal’s unconditional discretion.
Mx Training Journal also maintains the right to alter
the pricing constitution, to cease any special offers,
to suspend products and/or services, or to change the
provisions under which services or products are presented
at any time, with no prior notice to You.
11. Term of the Agreement; Termination of ClickBank
Account
The Agreement’s term commences upon your application’s
acceptance by ClickBank for the Program and terminates
when ended by Mx Training Journal, You, or ClickBank.
Either Mx Training Journal or You may end this Agreement
irrespective of time, for no reason or any reason. This
shall be done by transmitting to the other entity a
written notification of termination according to the
terms of this Agreement. As soon as termination takes
effect (whether by Mx Training Journal or by yourself),
You shall take the Affiliate Link off Your site and
shall eliminate from Your computer memory all versions
of it. Mx Training Journal shall compensate you any
and all commissions you are due but have not yet been
paid prior to termination. In the case that Mx Training
Journal is the terminating party of this Agreement for
cause, Mx Training Journal will bear no responsibility
to compensate you for any commissions that went unpaid
prior to the date termination took effect. The provisions
contained in Sections 3, 7.3, 8, 11-17 shall survive
any and all termination or the expiring of the Agreement.
YOU COMPREHEND THAT MX TRAINING JOURNAL, IN CONCURRENCE
WITH CLICKBANK, MAY, IN MX TRAINING JOURNAL’S
EXCLUSIVE DISCRETION, WITHOUT PREVIOUS NOTICE, TERMINATE
YOUR CLICKBANK ACCOUNT IN ITS TOTALITY FOR ANY INFRINGEMENT
OR SUSPECTED INFRINGEMENT OF ANY REPRESENTATION, WARRANTY
OR COVENANT WITHIN THIS AGREEMENT, OR ANY PERTINENT
REGULATION OR LAW, AND ANY SUCH TERMINATION SHALL RESULT
IN THE FORFEIT OF ANY AND ALL OUTSTANDING COMMISSIONS
WHETHER CONNECTED WITH MX TRAINING JOURNAL OR ANOTHER
CLICKBANK PRODUCT.
YOU, ON BEHALF OF YOUR PERSONAL REPRESENTATIVES, YOURSELF,
AND YOUR HEIRS HEREBY WILLINGLY AGREE TO RELEASE, WAIVE,
DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY MX TRAINING
JOURNAL AND ITS RESPECTIVE OWNERS, AGENTS, OFFICERS
AND ALL EMPLOYEES FROM ANY AND ALL CLAIMS, OR ACTIONS,
OR LOSSES, WHICH MAY DEVELOP OUT OF THE TERMINATION
OF YOUR CLICKBANK ACCOUNT.
12. Modification
Mx Training Journal reserves the right to alter any
or all of the conditions and terms within this Agreement,
giving notice to you, and said notice to be accomplished
by posting a new edition or by posting a notice of change
on the Mx Training Journal site. In the case of major
modifications, You may also be given written notice,
as mandated by this Agreement. If a change is not acceptable,
You may end this Agreement as allowed herein. If you
persevere to maintain the Affiliate Link visibly on
Your website after notice has been given, then you shall
be considered as having accepted said modifications.
Also, any changes or additions, or modifications to
ClickBank’s affiliate program shall apply as well
at the same time as they are valid in the ClickBank
affiliate agreement, if you taken notice of said changes
or have not.
13. Relationship of the Parties
Mx Training Journal and You constitute independent contractors;
nothing contained in this Agreement implies any franchise,
agency, partnership, joint venture, sales representative
or employment arrangement between yourself and Mx Training
Journal. You recognize that You don’t have authorization
to accept or make any offers or to convey any warranties
or representations on the behalf of Mx Training Journal
or any parties associated with Mx Training Journal’s
site or its Services.
14.
Disclaimers
MX TRAINING JOURNAL DOES NOT MAKE ANY EXPRESS OR IMPLICIT
WARRANTIES REGARDING THE PROGRAM, THE AFFILIATE LINKS
OR ANY OTHER PRIVILEGES ESTABLISHED OR ANY INFORMATION
CONVEYED HEREUNDER. YOU RECOGNIZE THAT OPERATION OF
THE MX TRAINING JOURNAL SERVICE SHALL NOT BE UNINTERRUPTED
OR FREE FROM ERRORS.
14.1
Program Earnings Disclaimer
Any compensation or income assertions or examples that
may be viewed on www.mxtrainingjournal.com
or in any emails delivered for or by Mx Training Journal
are only to be considered as estimates. When explicit
income numbers are stated, and credited to any business
or individual, that business or persons have been compensated
by that amount. Any and all representations or claims
regarding the compensations of affiliates from the Mx
Training Journal Program, should not be regarded as
representative compensation. There is no guarantee that
any previous successes, or prior results, with regards
to compensation earnings, that may be utilized as any
suggestion of future success or results that you might
have. Making any decisions that are based on information
that can be found on Mx Training Journal’s site
or with respect to any communication regarding services
or products should be made only using the knowledge
that you might experience a loss, or make no money at
all. Use prudence and utilize the knowledge of a qualified
professional. Confer with your lawyer, your accountant,
or your professional advisor, prior to taking action
on any information. YOU CONCUR THAT MX TRAINING JOURNAL
WILL NOT BE HELD ACCOUNTABLE FOR THE FAILURE OR SUCCESS
OF YOUR FINANCIAL DECISIONS WITH REGARDS TO ANY AND
ALL INFORMATION OFFERED BY MX TRAINING JOURNAL, OR MX
TRAINING JOURNAL’S SERVICES OR PRODUCTS.
15.
Limitation of Liability
MX TRAINING JOURNAL SHALL NOT BE LEGALLY RESPONSIBLE
FOR LOST EARNINGS, LOST BUSINESS VENTURES OR ANY INCIDENTAL,
INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
COMING FROM OR RELATED TO EITHER THE AGREEMENT OR THE
PROGRAM, REGARDLESS IF MX TRAINING JOURNAL WAS ADVISED
OF ANY LIKELIHOOD OF DAMAGES. IN ADDITION, MX TRAINING
JOURNAL’S AGGREGATE LIABILITY BASED UPON THIS
AGREEMENT SHALL NOT SURPASS THE TOTAL OF ANY FEES PAID
TO YOU HEREUNDER DURING A SIX MONTH PERIOD PRIOR TO
THE LAST OF THE INCIDENTS OR INCIDENT PURPORTEDLY POINTING
TO MX TRAINING JOURNAL’S LIABILITY. ALL PROVISIONS
CONTAINED IN THIS SECTION SHALL ENDURE AFTER TERMINATION
OF THE AGREEMENT.
16.
Notices
Any and all notices regarding this Agreement by Mx Training
Journal to You shall be delivered by an email directed
to the email address given on Your ClickBank online
registration form. It shall be deemed as given at the
time of the sending of such email.
17.
Miscellaneous Provisions
(a). THIS PROVISION IS PROPOSED TO BE AS ENCOMPASSING
AS POSSIBLE WITH CONSIDERATION TO THE CHARACTER OF "ALL"
DISPUTES.
(b) FOR DISPUTES CONCERNING DOMAIN NAMES WHICH YOU REGISTRED
WHICH INCLUDE ANY SERVICE MARK OR TRADEMARK OF MX TRAINING
JOURNAL, YOU ARE IN AGREEMENT THAT ALL SUCH DISPUTES
WILL BE ARGUED IN A FEDERAL DISTRICT COURT IN THE STATE
OF NEW JERSEY OR IN A JUDICIAL DISTRICT WHERE EITHER
THE DOMAIN REGISTRY OR THE DOMAIN REGISTRAR OF THE DISPUTED
DOMAIN IS SITUATED. YOU HEREBY YIELD TO PERSONAL JURISDICTION
AND VENUE IN SUCH FORUM. YOU FURTHERMORE ACKNOWLEDGE
THAT ANY AND ALL DISPUTES CONCERNING MX TRAINING SERVICE
MARKS OR JOURNAL TRADEMARKS CONTAINED WITHIN DOMAIN
NAMES WILL HAVE THE CONSEQUENCE OF IRREPARABLE DAMAGE
TO MX TRAINING JOURNAL. FURTHERMORE YOU ALSO CONSENT
TO REIMBURSE ALL ATTORNEY FEES OF MX TRAINING JOURNAL
CONNECTED TO A DISPUTE UNDER THIS SECTION 17 (B).
(c) You agree that this is the complete Agreement between
Mx Training Journal and You with regards to the Program.
Also, except as expressly set forth, any and all modifications
to this Agreement shall be in the form of writing and
must be signed by the two parties. You shall not assign
said Agreement, by any operation or any law or otherwise,
without first receiving Mx Training Journal’s
written approval, and any and all assignments that are
in breach of this sentence shall be considered null
and void. Additionally, subject to that constraint,
the Agreement shall be binding upon, inure to any benefit
of and shall be enforceable against the parties as well
as their own successors and assigns. If Mx Training
Journal fails to enforce Your complete execution of
any stipulation of the Agreement shall not signify any
waiver of Mx Training Journal’s privilege to then
enforce that stipulation, or any or all other stipulations
of the Agreement. The stipulations of this Section shall
outlast termination of the Agreement.
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