Apollo Commerce Affiliate Program Agreement
Please read the agreement document below before registering.
I
accept these terms and wish to register.
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 Michigan, 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 Detroit, Michigan, 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) Spyware: We will refuse all
applications or signups from affiliates which we believe participate in
spyware, adware or parasiteware techniques for driving traffic. We
reserve the right to research and investigate affiliates and their
activities and, at our own discretion, determine whether or not these
practices are in place. Affiliates found in violation of this policy
will be immediately terminated from the program and will forfeit all
commissions.
 I
accept these terms and wish to register.
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