Digital Access Pass (DAP)
Membership Plugin For WordPress
The Business is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
The Business may change this policy at any time. You should check this page time to time to ensure that you are agreeable to the changes. This policy is effective from 01/01/2011.
What we collect
We may collect the following information:
What we do with the information we gather
We do not/will not sell, rent, distribute or share the information we collect with any 3rd parties. It is safe and secure with us, and used only by us.
We require this information to fulfill the service(s) you have signed up for (newsletters, email lists, promo lists, buyer lists, lead lists, etc). We may use the information to improve our products and services. We may periodically send promotional email about new products, special offers or other information which we think you may find interesting using the email address which you have provided. You are free to leave those lists at any time by clicking on the unsubscribe link, or by emailing us back at the same email id where the email was sent from.
Links to external web sites
Our website may contain links to enable you to visit other websites of interest easily. However, once you have used these links to leave our site, you should note that we do not have any control over the external website. Therefore, we cannot be held responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
We may also link to partners, merchants and other products, and we may earn a commission from the referral if you go on to purchase products or services or perform any commissionable action on these external sites.
End User Licensing Agreement
IMPORTANT-READ CAREFULLY: This End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and DigitalAccessPass.com (DAP) for the SOFTWARE(s) identified above. By installing, copying, or otherwise using the SOFTWARE, you agree to be bound by the terms of this EULA. If you do not agree to the terms of this EULA, do not install or use the SOFTWARE.
1. The SOFTWARE is licensed, not sold.
2. GRANT OF LICENSE: You MAY install and/or use the SOFTWARE on 1 web site/blog per license you have purchased from DAP. If you have purchased the UNLIMITED site license, then this license may be used only on web sites where only one entity owns and operates all of the web sites. This license is only for use on web sites you yourself own. Ownership can be verified in many ways, but not limited to, the name and address of the entity in whose name the domain is registered, as per the domain name's "whois" records. This license may not be used on client sites, JV sites, partner sites, friends' sites, family sites, "you bring the content, I bring the software and the technology" type partnership sites, etc. If you're looking to do that, then you must buy our developer's license, which gives you 5 licenses that you can use on any web site whatsoever. Some restrictions apply. Please click here for details about the DAP Developer's License. We reserve the right to terminate any licenses that are in violation of our policy or licensing terms, with no prior warning or notification. No refunds of any kind will be granted to those who violate our terms. We also reserve the right to define and decide when our terms are being violated.
3. DISTRIBUTION. You MAY NOT sell, rent, lease, lend, make available for download online or in any form of media, or otherwise redistribute the SOFTWARE in any way whatsoever. You MAY NOT sell, rent, lease, lend or otherwise redistribute derivative works based upon the SOFTWARE.
4. RESTRICTIONS. You MAY NOT not use the SOFTWARE to perform any unauthorized transfer of information (e.g. transfer of files in violation of a copyright) or for any illegal purpose.
5. SUPPORT SERVICES. DAP will provide you with limited technical support related to your usage of the SOFTWARE. Additional paid support is available for a fee. We reserve the right to determine where free support ends, and at what point paid support will have to be availed of. We provide only ticket-based technical support, and if deemed necessary by us, also by email, instant messaging or phone. We also reserve the right to discontinue support at any time, without any advanced or prior notification whatsoever, to customers who exhibit inappropriate behavior or use inappropriate language while dealing with our staff and/or management in any mode of communication. We also reserve the right to define what is appropriate and what is inappropriate.
6. TERMINATION. Without prejudice to any other rights, DAP may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the SOFTWARE and remove it from any and all websites, computers, email accounts or from any other form of media owned by you.
7. COPYRIGHT. The SOFTWARE is protected by copyright laws and international treaty provisions. You acknowledge that no title to the intellectual property in the SOFTWARE is transferred to you. This SOFTWARE DOES NOT come with any of the following: distribution rights, private label rights, resell rights, master resell rights. You further acknowledge that title and full ownership rights to the SOFTWARE will remain the exclusive property of DAP and you will not acquire any rights to the SOFTWARE except as expressly set forth in this license. You agree that any copies of the SOFTWARE will contain the same proprietary notices which appear on and in the SOFTWARE.
8. NO WARRANTIES. DAP expressly disclaims any warranty for the SOFTWARE. THE SOFTWARE AND ANY RELATED DOCUMENTATION IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON INFRINGEMENT. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SOFTWARE REMAINS WITH YOU.
9. LIMITATION OF LIABILITY. IN NO EVENT SHALL DAP, IT'S OWNERS OR DEVELOPERS OR STAKEHOLDERS BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE DELIVERY, PERFORMANCE, OR USE OF THE SOFTWARE, EVEN IF DAP, IT'S OWNERS OR DEVELOPERS OR STAKEHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, DIGITALACCESSPASS.COM's LIABILITY OR THE LIABILITY OF IT'S OWNERS, DEVELOPERS AND/OR STAKEHOLDERS FOR ANY CLAIM, WHETHER IN CONTRACT, TORT, OR ANY OTHER THEORY OF LIABILITY WILL NOT EXCEED THE GREATER OF U.S.$1.00 OR LICENSE FEE PAID BY YOU.
10. MISCELLANEOUS. Should you have any questions concerning this EULA, or if you desire to contact DAP for any reason, please contact by email by visiting the contact-us page at http://www.DigitalAccessPass.com .
Standard (Free) Support
When you purchase DAP, you are eligible for free support for as long as stated on our sales page. Even when you renew your access to support, what you get is referred to as "Standard" or "Free" Support, even though you have paid a nominal fee for support and upgrades.
Free support is available via the online ticketing system only. Expected response time is 24 hours. However, on any given day, depending on the number of support issues logged and the time of the day when your ticket is opened, our average turnaround time is 6 hours.
We work 10 AM - 6 PM PST, Monday through Friday. We are "officially" closed over the weekends and on national holidays.
Support via Skype, Phone or Web-based conferencing is available only as a premium service, for which the current charges are $50 per 1/2 hour, or $100/hour, payable in advance.
On occasion, as part of free support, if we are unable to resolve the issue quickly via the ticketing system, we may choose to resolve the issue via skype, phone or web-based conferencing at our discretion. When we choose to do so at our discretion, there will be no charge to you.
Standard (Free) support involves:
Common Examples of Standard Support
These are the examples where we offer ticket-based support for free.
Q: "How do I set up ClickBank integration?"
Please note that logging in to your server or wordpress blog, logging in to your ClickBank or Paypal account, or your Authorize.net or 1ShoppingCart (or private label) account, and troubleshooting issues specific to your installation, your web site, blog or web host, is NOT part of Standard Support.
It is available only as Premium Support.
Common Examples of Premium Support
Here are some examples where Standard Support does not apply, even if you have paid for it, and we may require you to purchase a separate Premium Support slot.
Q: "Please check if I have setup my payment integration correctly."
Q: "My <Insert Payment Processor/Shopping Cart> is not working. Please log in to my Payment Processor / Shopping Cart account and troubleshoot"
Q: "My <Email Service Provider like Aweber/MailChimp> integration is not working. Please log in to my Aweber account and troubleshoot"
Q: "Emails were going out fine till yesterday. Today they stopped going out."
Q: "I moved DAP to a new server / new domain, and it has stopped working"
Q: "I switched from <Insert Payment Processor 1> to <Insert Payment Processor 2> and now DAP is no longer processing orders."
Why Paid Support?
You may ask, "Why should I pay for Premium Support when I have already paid for Standard Support?" Fair question. And here's the reason why...
There could be so many things that could've gone wrong in such scenarios: You may have deleted files by mistake, you uploaded a plugin that broke something, your web host disabled some key libraries that DAP needs, the 3rd party service you're using made some changes because of which your server is not able to connect to it (eg., Paypal or 1ShoppingCart), you upgraded some other software on your server which broke your DAP database, etc. Or you may simply have set up DAP incorrectly.
Regardless of what the root cause is, regardless of whether it's because of a DAP problem or not, there's no way we could possibly troubleshoot all of these issues without getting into your server and looking at these issues in detail, one by one, and eliminating issues, one by one.
All of that is extremely time consuming, and our extremely low yearly renewal fee (which includes both software and support for one entire year) does not include one-on-one troubleshooting of site-specific issues. Which is why we are unable to do this kind of server-level, open-ended troubleshooting as part of your Standard ("Free") Support that you get with your purchase of DAP.
But we will always work with you via the ticketing system, and guide you to relevant videos, documentation or even give you troubleshooting steps. If you're able to follow videos and documentation and resolve it yourself, then of course there's no charge for ticket-based support.
But if you expect us to log in to your server and troubleshoot anything whatsoever, then you may have to purchase a Premium Support slot.
NOTICE: Please read this agreement carefully. Unless you expressly agree and consent to this agreement, you may NOT participate in the affiliate program. By participating in the affiliate program, you are agreeing to comply with and be legally bound by the terms and conditions of this contract. If you do not agree to all of the terms of this agreement, please do not register for the affiliate program.
This agreement incorporates the Program Operator's Terms and Conditions of Use (located on this website)herein as if it were set forth in full.
Throughout this agreement, “affiliate program” refers to the affiliate program operated by the Program Operator in part for the website.
Each affiliate is an independent contractor of the Program Operator and not an employee. Nothing herein is intended to create an employer/employee relationship.
COMMISSIONS & REFERRAL FEES
Whenever someone orders through your affiliate link, your affiliate ID is credited with a referral fee only for the purchases you directly refer. You do not earn a referral fee for any other affiliates signing up under you. The commission/referral fee amount varies from product, service or opportunity. The rate at which your referral fee is generated can be found on the website and is subject to change at any time.
Before any affiliate may be a sent a payment, the affiliate must submit to the Program Operator identification information. Such identification information shall include, at a minimum, a copy of a government issued, picture, identification card (for example, a drivers license). These documents shall be faxed to the Program Operator as per the instructions sent in your "Welcome, affiliate" email. You will not receive any payment of commission/referral fees until such time as you submit the documentation as required by the Program Operator.
Commissions on products and services are paid at the rates as indicated on the website. The Program Operator strives to pay similar rates on further products, services, and opportunities, but reserves the right to pay a different scale if necessary, or none at all.
COPYRIGHTS AND TRADEMARKS
You may register domain names for the purpose of redirecting them to your DAP affiliate link. However, you MUST NOT use the term "digitalaccesspass" or any variations of it (like digital-access-pass or digital-accesspass) in your affiliate domain. You may use the term "DAP" in your domain names - like dapreview.com or daptips.com.
We strictly prohibit the use of the word "digitalaccesspass" in domain names used either for the purpose of affiliate link cloaking or redirection, and also for the purpose of creating an affiliate or review blog or any web site at all. If you do so, your affiliate account may be shut down and/or deleted, and you will forfeit any commissions earned.
INCOME TAX LIABILITIES
Each affiliate acts as an independent contractor and as such is responsible for any or all United States, state, or foreign income taxes and any other tax liabilities that affect or concern the sales of the products or services, in your state or location. If you are NOT a resident of the United States, the Program Operator will withhold the appropriate U.S. income tax applicable to foreign nationals, prior to your receipt of any commissions. The Program Operator does so pursuant to the United States Internal Revenue Service laws (also known as the United States Tax Code) and other applicable laws. It is the affiliate's sole responsibility, and not the responsibility of the Program Operator, to take any steps necessary to recover these sums under the Tax Code and other applicable laws.
EMBARGOED NATIONS & SPECIALLY DESIGNATED NATIONALS
The United States controls the export of products and information. Each affiliate agrees to comply with such restrictions and to not export or re-export the materials (including software) to countries or persons prohibited under the export control laws. By becoming an affiliate, you are agreeing that you are not in a country where such export is prohibited or are not a person or entity to which export is prohibited. You are responsible for compliance with the laws of your local jurisdiction with regard to the import, export, or re-export of the materials (including software).
Each affiliate is responsible for compliance with all applicable U.S. laws and regulations, including but not limited to, those laws pertaining to export control. By registering as an affiliate, you warrant that you are not a citizen or resident of a country designated as having Embargoed Nation Status and further, you also warrant that you are not on the list of Specially Designated Nationals or Blocked Persons maintained by the U.S. Treasury Department. The products and/or services are exported from the United States in accordance with the Export Administration Regulations. Diversion to other countries is contrary to U.S. law and is prohibited.
In compliance with the United States Patriot Act, only those who have provided appropriate identification information and do not reside within an embargoed nation and who are not listed on the Specially Designated Nationals list may receive commission checks paid by either the Program Operator.
Commissions are paid once per month by payment processor during the first week of the month for sales made 60 days prior to the date of calculating commissions.
There is no minimum commission amount at this time. But that is subject to change. Please check back on this document to keep yourself up-to-date of all changes. No changes will be intimated to you. If and when we require a minimum commission amount, that is the minimum amount that you must earn before you will be paid commissions. In any commission period, your commission must exceed this amount before you will receive any sums for that period. Commissions below this minimum amount will be held until such time as the commission equals or exceeds this amount.
Commissions are not paid for any sales for which payment has not been received, or for any transaction that has been rejected, or refunded, for any reason.
We are not responsible for paying interest to affiliates for accrued but not yet delivered commission payments.
If a transaction incurs a charge-back, or if an online transaction is not completed in every way, no commission payment is due to the affiliate. If a commission has already been paid, then it will be deducted from an active affiliate's future commissions.
All commissions are paid only in US Dollars, through PayPal. You must have a valid Paypal account in order to receive commissions.
If you elect a payment processor (currently, only Paypal) through which to receive your commissions and you later terminate the account or the account becomes unavailable for any reason, the Program Operator is not responsible for your not receiving the money. Each affiliate is responsible for always maintaining the payment processor through which they receive their commissions/referral fees OR selecting an alternate method of payment supported by the Program Operator. This election is entirely made by the affiliate and the Program Operator assumes no responsibility for non-receipt of payments made according to the payment processor elected by the affiliate, or the affiliate's lack of ability to then conform to the payment processors or processes supported by the the Program Operator. The Program Operator assumes no responsibility for an affiliate not electing a payment processor.
MIXING OF PRODUCTS
As an affiliate of the Program Operator, your website on which you advertise any products or services of the Program Operator may only include products that are not capable of being viewed by persons 13 years of age or younger unless the Program Operator specifically allows such products. Your website may NOT contain any content or images that are NOT suitable for being viewed by persons 13 years of age or younger if you include any reference whatsoever to the Program Operator, the website, the eBook(s), or your affiliate Link. On any website on which you include any reference whatsoever to the Program Operator, its products, services, and eBooks, you may NOT include any reference whatsoever to any form of "Adult" content. Any violation of these requirements will result in immediate termination of your affiliate status and you shall forfeit any commissions/referral fees that may be due. In the event that any violation of these requirements results in the suspension or termination of any payment processor for or the Program Operator, you shall be liable for liquidated damages in the amount of $10,000 as well as actual and any consequential or actual damages that or the Program Operator may incur.
PAYMENT PROCESSOR FEES
All commissions are calculated based on the gross transaction. The commission rate listed on the website is then applied to determine the amount due the affiliate. The Program Operator may also charge a per transaction fee for every transaction processed. In the event that a per transaction fee is applied, the amount of the fee can be seen on the website. Any such fee is not commissionable and is also deducted from the sums paid by the customer, prior to the calculation of any commission.
SPAM & UNSOLICITED COMMERCIAL EMAIL (UCE)
The Program Operator does not tolerate the sending of unsolicited bulk emails (UCE or SPAM) which promote, or make reference to the Program Operator, or any of their associated companies or websites, Partners, or employees, the websites, products or services. The provisions of the Terms and Conditions pertaining to UCE or SPAM shall apply to each affiliate. Any affiliate who, in the opinion of the Program Operator, breaches this rule will have their affiliate status canceled and any outstanding commissions will be forfeited.
The Program Operator and their associated companies operate with the strictest codes of professional conduct. Any affiliate who brings the the Program Operator or their employees, partners, or associates into disrepute, or who promotes any form of slander, racism, or unfair business practices, will have their affiliate status canceled and any outstanding commissions will be forfeited.
The Program Operator reserves the right to reject any affiliate application if, in the Program Operator's opinion, that person or entity violates established laws or commonly held standards of decency. For example, we will reject applications from any person or company that promotes any form of violence, illegal activities, or from applicants who the Program Operator prefers not to be associated with.
AFFILIATE SALES & TRACKING
After signing up for the affiliate program, you will receive a unique affiliate URL which you will use to advertise the website. When someone clicks through this URL, a cookie will be set in their browser with your affiliate ID and their IP address may also be logged with your affiliate ID. During that visit to the website or any later visit, when a purchase is made the commission will be given based on the existence of the cookie.
In order to receive proper credit for sales, a person or entity must purchase through your unique affiliate URL. Masking or cloaking of the links (whether done by software or by a script, and sometimes referred to as "affiliate link cloaking") may or may not work with parts of the Sites. The Program Operator allows masking or cloaking but You must provide a repeatable process for our verification of the cloaked link, otherwise the use of the masked or cloaked link is disallowed.
TERM & TERMINATION
This agreement will begin upon your sign-up with the affiliate program and will end when either you or the Program Operator terminates your affiliate status, or if your account is inactive in any continuous twelve month period. An affiliate may terminate this agreement at any time, and for any reason, by writing to - or emailing - the Program Operator at the email address listed on the website. The affiliate may not transfer this agreement, or any rights conveyed in this agreement, to any third party whatsoever.
The Program Operator may also terminate this agreement at any time, and for any reason, by writing to affiliate at the email address listed in the affiliate's Profile, with 7 days notice. the Program Operator may transfer this agreement to any party whatsoever, at any time, and this agreement shall remain in full force and effect, without notice to affiliate. However, if this agreement should terminate for cause due to violation of this agreement or the Terms and Conditions, this agreement shall terminate immediately and affiliate shall forfeit all right to any commissions then due.
RIGHTS TO MODIFY AGREEMENT
The Program Operator, and its associated companies may, in good faith, modify any of this agreement and/or the Terms and Conditions (including the affiliate Commission Schedule), at any time and at its sole discretion, by posting a change notice or a new agreement on the website. These changes will come into force immediately upon posting. You may check back on this document periodically to see if you are still agreeable to this agreement - no intimation will be made of any changes to any legal terms on this web site. The affiliate's continued participation in the affiliate program following the said posting of a change notice or new agreement shall constitute binding acceptance by the affiliate of the change.
If any modification to this agreement is not acceptable to the affiliate, the affiliate's only recourse is to terminate this agreement. Upon termination of this agreement, the former affiliate must remove all affiliate links and graphics from its web site, and refrain from publishing the same in any manner whatsoever.
It is understood that any individual that uses the Program Operator system shall not use it in connection with obscene, defamatory, slanderous, hateful, illegal or politically disruptive material, the definition of which shall be at the sole discretion of the Program Operator. It is also understood that affiliates shall not try to cheat the system in an effort to increase their payments due. If such misuse is detected, the affiliate will be immediately terminated as an affiliate and any sums paid and any sums payable as and for commissions will be withheld. All affiliates further agree to refrain from engaging in any hostile activity toward the system. Any individual that engages in such hostile activity, such as hacking, shall be held liable for any loss sustained by the Program Operator, or its associates due to such action.
There is no warranty or guarantee of any kind with respect to the Program Operator system as far as reliability, stability, quality or dependability. This means that the Program Operator, or its associates is not responsible for any loss or damage incurred directly or indirectly due to the use of the Program Operator website, products, services, or any other facet of the system. This shall include, but is not limited to, any system malfunction, period of being inoperative or unavailable, loss of data or discontinuation of service, other inconveniences.
Affiliates shall be charged NO FEE by the Program Operator for setting up an account to join affiliate programs or to join any program.
ELECTRONIC COMMUNICATIONS & EMAIL
The Program Operator requires your primary email address be listed in your affiliate Profile. Affiliates will not be able to use the website or participate in the affiliate program until their email addresses are verified. Those who fail to verify their email address or use an email address that generates an error response consistently (e.g., "User is over quota" or "Mailbox full") will forfeit any commissions due and this contract will be terminated immediately. You may not use an email address with an auto responder as your Program Operator email address. When you visit the Program Operator's websites or send emails to, you are communicating electronically. You consent to receive communications from the Program Operator electronically. The Program Operator will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that the Program Operator provides to you electronically satisfy any legal requirement that such communications be in writing. If you are an affiliate, you understand that you may NOT opt out of any emails that you receive from the Program Operator. As an affiliate, you must continually have a valid email account on file with the Program Operator or we reserve the right to terminate your participation immediately, without any refund of any license fees paid or payment of any commission due.
UNAUTHORIZED CHARGING OR RECEIPT OF PAYMENTS THROUGH THE SITES
No affiliate, or other person or entity may use the website, or the Program Operator payment processing system, for private transactions. Any revenue collected through the website or through the the Program Operator payment processing system may become the sole property of the Program Operator . Any revenue collected through the the Program Operator payment processing system may become the sole property of the Program Operator. Specifically, affiliates may not link to the website for processing of products or services that are not wholly sponsored by the Program Operator and authorized by the Program Operator and further, may not link to the website for processing of any products beyond what the Program Operator has identified as salable products for the website and specific affiliate sales. Should any affiliate of the Program Operator or other person or entity construct links that process orders through the Program Operator payment processing system, the act will be considered an attack of computing resources with intent to damage the website and therefore treated as a serious computer crime. Violators will be prosecuted to the fullest extent of the law.
AFFILIATE IDENTIFICATION NUMBERS
You will be provided an affiliate identification number. Your affiliate ID number may be numeric and/or CaSe sEnSitIvE. For example, the code 'learn_more' is different from 'Learn_More'. You are responsible for maintaining the secrecy and security of your affiliate ID number and password. You agree to hold the Program Operator harmless in the event that any such information is shared by you with any other person or entity whatsoever.
NO PREDATORY ADVERTISING
All affiliates in the affiliate program agree to refrain from any type of predatory advertising practices, the definition of which shall be at the sole discretion of the Program Operator, and shall include, but not be limited to, dynamically replacing the affiliate ID of one affiliate with that of another with the effect of "stealing" the commission away from the affiliate that earned it, whether this be intentional or not. affiliates may not adjust any of the supplied affiliate links to reset cookies or bypass other safeguards in the system. affiliates understand that engaging in such practices is grounds for immediate termination and forfeiture of any earned commissions.
The Program Operator will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate system sale tracking failures, commission processing system failures, losses of database files or backups thereof, attacks on computing resources, computer viruses, the continued viability of their products, any results of "intents of harm" to the program, or acts of God or Nature. The Program Operator makes no claim that the operation of the websites or the Program Operator network will be error-free nor will the Program Operator be held liable for any interruptions or errors.
a) If any part of this agreement or the Terms and Condition is declared void, this agreement and the Terms and Conditions shall, to the maximum practicable extent, be construed without reference to that part. No term or provision of the Agreement shall be waived unless in writing and signed by the party waiving the provision, and any waiver shall apply only to the specific event or situation which it describes and shall not be continuing. No affiliate may assign or sublicense this agreement without the Program Operator's prior written consent.
b) All legal or other fees incurred in collecting returned checks or declined credit cards or any other lack of payment related to a sale made by an affiliate will be payable by the affiliate. Any sums not collected from the affiliate or affiliate's customer are not commissionable, and any fees incurred during processing or handling of sales made by the affiliate will be deducted in whole from any commissions due to the affiliate. Further, in the event that the commissions due the affiliate are insufficient to cover any sums, the affiliate agrees to pay the full amount to the Program Operator.
c) IF THE FOREGOING LIMITATIONS OR THE LIMITATIONS WITHIN THE TERMS AND CONDITIONS ARE HELD TO BE UNENFORCEABLE, THE PROGRAM OPERATOR'S LIABILITY FOR DAMAGES UNDER THIS AGREEMENT TO ANY PERSON OR ENTITY SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY THAT PERSON OR ENTITY FOR THE PRODUCT, SERVICE, AND OR EBOOK OR SOFTWARE (LICENSE).
d) To the extent you have in any manner violated or threatened to violate the Program Operator’s intellectual property rights, the Program Operator may seek injunctive or other appropriate relief in any court located in San Diego, CA, USA and you consent to exclusive jurisdiction and venue in such courts. Use of the Program Operator website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Program Operator as a result of this agreement or use of the website, products, and/or services. The Program Operator's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Program Operator's right to comply with governmental, court and law enforcement determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
e) This Agreement shall be governed and construed in accordance with the laws of California, USA applicable to agreements made and to be performed in California, USA. You agree that any legal action or proceeding between the Program Operator and you for any purpose concerning this agreement or the parties' obligations hereunder, will first attempt to be resolved with the help of a mutually agreed-upon online mediator. Any costs and fees (other than attorney fees) associated with the mediation will be shared equally by each of us.
f) If it proves impossible to arrive at a mutually satisfactory solution through online mediation, we agree to submit the dispute to binding arbitration at the following location: for legal actions or proceedings between the Program Operator and you, in San Diego, CA USA under the commercial rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
In no case shall you have the right to go to court or have a jury trial. You will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.
g) Any cause of action or claim you may have with respect to the website, the products, the software, the services, or any digital products, must be commenced within ninety (90) days after the claim or cause of action arises or such claim or cause of action is barred. The Program Operator 's failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. the Program Operator may assign its rights and duties under this agreement to any party at any time without notice to you. Use of headings in this document is for convenience only and does not identify legal boundaries or terms explicitly.
h) The Program Operator may modify this agreement, and the agreement this creates, at any time, simply by updating this posting and without notice to you. This is the ENTIRE agreement regarding all the matters that have been discussed.
i) The Program Operator may transfer any rights or responsibility that it may have to any person or entity whatsoever. Nothing herein shall alter or encumber the right of the Program Operator to transfer any such rights or responsibilities. Any transfer by the Program Operator shall cause this agreement, and any other agreement then in effect (as well as any other contract between you and the transferring party) to transfer simultaneously, all without permission.
j) Should this affiliate program be deemed illegal in any jurisdiction, the Program Operator has the right to immediately terminate this program, without recourse. If the payment processors utilized by the Program Operator determine that sales made through affiliates cannot be processed through the payment processor, then the Program Operator has the right to immediately terminate this Program, without recourse. Nothing herein is intended to imply that the Program Operator will always offer any affiliate program, or this affiliate program, for all products, services, and/or opportunities sold by the Program Operator on the websites or that the Program Operator will offer any affiliate program whatsoever.
Any rights not expressly granted herein are reserved.
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