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Affiliate Agreement
 
 
AFFILIATE AGREEMENT
 
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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