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This Agreement governs your participation in the kosherstock affiliate Program (the "Program"). This Agreement between you and kosherstock is in addition to the Membership Agreement, our Terms of Use, our Privacy Policy and all other documents and provisions applicable to the use of http://www.kosherstock.com (the "Site").
As a bona fide member of the kosherstock community, you are entitled to participate in the Program on condition that you accept the terms and conditions of this Agreement. If you do not agree to accept and abide by this Agreement, you should not participate in the Program and you will not be paid for affiliates. In the event of any inconsistency between this Agreement, the Membership Agreement and the Terms of Use, the terms of this Agreement shall govern.
This may be a temporary program. kosherstock reserves the right, in its discretion, to change, terminate or modify all or any part of the Program or this Agreement at any time, effective immediately upon notice published on the Site. Your continued participation in the Program after such notice constitutes your binding acceptance of the terms and conditions in this Agreement, including any changes or modifications made by kosherstock as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease participation in the Program.
You acknowledge and agree to actively refer potential members to the Site. For each successful affiliate (as defined below) kosherstock will pay to you a affiliate fee as follow: (1) For reffering a Customer - 10% of all his purchases from the Site; (2) For reffering a Photographer - 10% of all his sales made through the Site.
A "Successful affiliate" is one that we determine satisfies each of the following criteria:
The referred customer or photographer (a "New Client") must not be a current or past member of kosherstock.com and must complete, submit and have accepted a valid membership application;
The New Client must reach the Site by clicking on a Site badge, link or other item made available by kosherstock for your use (the "Affiliate Links") and received by you through the affiliate Program interface and not be a result of you creating spam or doing anything that would bring the Program or kosherstock into any kind of disrepute;
The New Client must have cookies enabled on their browser when clicking on your affiliate Link to the Site, when reaching the Site and when completing the membership application (otherwise we can't track it).
All Fees that are payable will be credited to your member account and may be adjusted to reflect actual receipts or artificial transactions in accordance with the terms of the Program or kosherstock's discretion. In response to a written request, kosherstock fees will be paid by cheque or other means when they exceed $50 and shall be net of applicable taxes. kosherstock reserves the right for any reason to refuse any New Client application or purchase transaction in its discretion, without notice or any communication to you. Payment of Fees and amendments to the Program are at the sole discretion of kosherstock. Under no circumstances shall kosherstock be required to provide you with any information or updates regarding the New Client, except to confirm the affiliate.
You also agree not to use the affiliate Links in any manner that could damage, disable, overburden, or impair the Site or any other site, create spam or any other unwanted solicitation, or interfere with any other party's use and enjoyment of the Site, their own site or other location of the affiliate Links. You agree that you will not paste, copy or otherwise impose the affiliate Links anywhere without the consent of the proper authority. kosherstock is not responsible for anything that you do with the affiliate Links. You agree not to use any of our trademarks or intellectual property or make any representations, warranties or other statements concerning kosherstock, the Site or any of our products, services or policies, except as detailed in this Agreement.
Each party shall act as an independent contractor and shall have no authority to obligate or bind the other in any respect. Nothing in this Agreement will constitute or be construed as constituting or tending to create an agency, partnership or employer/employee relationship between you and us.
You agree to indemnify, defend and hold kosherstock and its affiliates, and their respective directors, officers, employees, shareholders, partners and agents (collectively, the "kosherstock Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including lawyers' fees on a solicitor and client basis) incurred by any kosherstock Party in connection with any breach by you of this Agreement. kosherstock reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with kosherstock's defense of such claim.
This Agreement is effective so long as you participate in the Program, your participation is terminated by kosherstock or until the Program is discontinued by kosherstock, whichever first occurs. The affiliate Program or any aspect of it can be discontinued at any time in kosherstock's discretion upon notice posted on the Site. Upon posting of such notice, the Program and this Agreement shall be thereby terminated as it relates to you. kosherstock may terminate this Agreement upon 30 days notice by e-mail at the last address contained in your membership information. You may terminate this Agreement by ceasing to participate in the Program at any time.
KOSHERSTOCK DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ANY CONTENT AVAILABLE FOR DOWNLOADING THROUGH THE SITE WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE AFFILIATE LINKS. IN NO EVENT SHALL KOSHERSTOCK OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, PARTNERS, LICENSORS OR AGENTS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS) IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THIS AGREEMENT OR THE AFFILIATE PROGRAM, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THE AFFILIATE LINKS, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF KOSHERSTOCK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
You represent and warrant that you are of sufficient legal age to use the Site and to create binding legal obligations for any liability you may incur as a result of the use of the Site and your participation in the Program.
The Site is controlled, operated and administered by kosherstock from Carces, France. The Site can be accessed from France and other countries around the world. As each of these jurisdictions has laws that may differ from those in France, you acknowledge and agree that this Agreement will be governed under the laws of France.
Any and all disputes arising out of, under or in connection with this Agreement, including without limitation, its validity, interpretation, performance and breach, shall be submitted to arbitration in Toulon, France.
If kosherstock is obligated to go to court, rather than arbitration, to enforce any of its rights, or to collect any fees, you agree to reimburse kosherstock for its legal fees, costs and disbursements if kosherstock is successful.
You specifically agree and acknowledge that you have, in addition to the terms of this Agreement, reviewed the terms of the Membership Agreement, the Terms of Use and any other agreements which may be incorporated by reference therein, and you agree to be bound by them.
If you have concerns relating to the affiliate Program or this Agreement, please contact kosherstock at sales@kosherstock.com.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER AGREE THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN YOU AND KOSHERSTOCK REGARDING THE AFFILIATION PROGRAM, WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATION BETWEEN YOU AND KOSHERSTOCK RELATING TO THE SUBJECT OF THIS AGREEMENT.