Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information.
As such, affiliates will not hold SoccerEvolution.com liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.
4) 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.
5) 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 affiliate
under to this Agreement.
6) 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.
7) Miscellaneous
This Agreement will be governed by
the laws of the United States and the State of New Jersey. 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.
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