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When you want, affordable, timely industry research, contacts & business development data |
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| Plunkett Research, Ltd. Affiliate Program AGREEMENT AND TERMS of PARTICIPATION LAST ALTERED: FEBRUARY 14, 2007 Please read and accept this agreement before registering: I have read and accept these terms, and I wish to continue to register. 1) Term of the Agreement: The term of this Agreement will begin upon acceptance of your Affiliate. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon Termination of the Agreement, you will no longer be qualified to receive commissions from Plunkett Research, Ltd. 2) Acceptance of Your Application is at the Sole Discretion of Plunkett Research, Ltd.: Plunkett Research, Ltd. reserves the right to reject any application in its sole discretion for any reason whatsoever. Plunkett Research, Ltd. will not approve an Application to participate in the Affiliate Program from any party that publishes or deals in any illegal activity, any form of pornography, racial or ethnic hate or slur activities or any other activities or publishing that Plunkett Research deems unacceptable to the Affiliate Program. In addition, Plunkett Research, Ltd. may reject the application of any party or web site that it deems to be in competition with, defamatory to, or incompatible with the business activities of Plunkett Research, Ltd. 3) Certain Sales May Not Qualify at the Sole Discretion of Plunkett Research, Ltd. The Following Sales Will Not Earn the Affiliate a Commission Under Any Circumstances: a) Sales made to the Affiliate itself or any party related to or controlled by the Affiliate b) Sales that Plunkett Research, Ltd. in its sole discretion considers to be illegal, improper or unacceptable. c) Sales made to any unit, division, subsidiary or party related to the following types of organizations or business sectors: i) Libraries of any type, whether public, corporate, private, governmental, school or university ii) Any type of entity, whether public, private or governmental, located in the nation of India, The Peoples Republic of China and any of its territories, or South Korea. iii) Sales made to any party located in any nation where regulations of the U.S. Government prohibit commerce, including Cuba. iv) Sales made to any party in the book or data publishing, selling or distribution business, including retail book stores (whether physical or online), retail and/or wholesale book distributors, electronic data aggregators, databases and resellers, or book and/or data resellers of any type whatsoever. v) Sales not made and paid for via credit card directly through the shopping cart of Plunkett Research, Ltd. vi) Sales cancelled by or not paid for by the buyer; Sales that appear, in the sole discretion of Plunkett Research, Ltd., to be fraudulent PAYMENT FOR THE SALE MUST BE RECEIVED, CLEARED AND FINALIZED BY PLUNKETT RESEARCH, LTD. IN ORDER FOR THE COMMISSION TO BE EARNED. CUSTOMERS HAVE CERTAIN RETURN AND CANCELLATION PRIVILEGES. THE CANCELLATION PERIOD MUST HAVE PASSED IN ORDER FOR ANY PAYMENT TO BE DUE TO THE AFFILIATE. 4) Modification: Plunkett Research, Ltd. may modify any of the terms and conditions contained in the Agreement, at any time in its sole discretion, by posting a change notice or an alteration or modification to the Agreement on www.plunkettresearch.com. 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 THE POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE PLUNKETT RESEARCH, LTD. SITE WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE. 5) Limitation of Liability: Plunkett Research, Ltd. will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with the Agreement or the Affiliate Marketing Program, even if we have been advised of the possibility of such damages. Further, in any event Plunkett Research, Ltd.'s 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. 6) YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS: YOU UNDERSTAND THAT PLUNKETT RESEARCH, LTD. 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 AFFILIATE MARKETING PROGRAM AND YOU ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT, WHETHER ORAL OR WRITTEN, 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 Texas, 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 Houston, Texas USA, and you irrevocably consent to the jurisdiction of such courts. 8) Not Assignable: You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of Plunkett Research, Ltd. Subject to that restriction, the Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. The failure of Plunkett Research, Ltd. to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Plunkett Research, Ltd.'s right to subsequently enforce such provision or any other provision of this Agreement. 9) Spyware and Unacceptable Methods of Increasing Web Site Traffic: Plunkett Research, Ltd. will refuse all applications or signups from affiliates which it believes participate in spyware, adware, parasiteware or any other techniques for increasing web site traffic that is unacceptable to Plunkett Research, Ltd. in its sole discretion. Plunkett Research, Ltd. reserves the right to research and investigate affiliates and their activities and, at its own discretion, determine whether or not such practices are in place. Affiliates found in violation of this policy will be immediately terminated from the program and will forfeit all commissions due and payable under this Agreement. I have read and accept these terms, and I wish to continue to register. |
