1. Intellectual Property. This Agreement does not transfer from Cruise Control Marketing to you any Cruise Control Marketing or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Cruise Control Marketing . Cruise Control Marketing, howtostartaffiliatemarketing.com, the Cruise Control Marketing logo, and all other trademarks, service marks, graphics and logos used in connection with howtostartaffiliatemarketingbusiness.com, or the Website are trademarks or registered trademarks of Cruise Control Marketing or Cruise Control Marketing’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Cruise Control Marketing or third-party trademarks.

 

2. Advertisements. Cruise Control Marketing reserves the right to display advertisements on your blog unless you have purchased an ad-free account. You should assume all websites associated with Cruise Control Marketing contain affiliate links within the content, sidebar, ads, and other areas; which means, if you click links and make a purchase, we will receive a commission.

 

3. Attribution. Cruise Control Marketing reserves the right to display attribution links such as ‘Blog at howtostartaffiliatemarketingbusiness.com,’ theme author, and font attribution in your blog footer or toolbar.

 

4. Partner Products. By activating a partner product (e.g. theme, memberships, downloads, etc.) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

 

5. Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”), including their Registration Rights and Responsibilities.

 

6. Changes. Cruise Control Marketing reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Cruise Control Marketing may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement. 

 

7. Termination. Cruise Control Marketing may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your howtostartaffiliatemarketingbusiness.com, Affiliate Profits Club, Emarketers Club, Membership Marketers Club, Power Copy Club, Power Marketers Club, Product Profits Club, Success Upgrade, Traffic Generation Club, Wealth Upgrade Club, Web Profits Club, other accounts (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Cruise Control Marketing if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Cruise Control Marketing’s notice to you thereof; provided that, Cruise Control Marketing can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. 

 

8. Disclaimer of Warranties. The Website is provided “as is”. Cruise Control Marketing and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Cruise Control Marketing nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

9. Limitation of Liability. In no event will Cruise Control Marketing , or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Cruise Control Marketing under this agreement during the twelve (12) month period prior to the cause of action. Cruise Control Marketing shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

10. General Representation and Warranty. You represent and warrant that (i) your use of the Website will be in strict accordance with the Cruise Control Marketing Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

11. Indemnification. You agree to indemnify and hold harmless Cruise Control Marketing, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

 

12. Miscellaneous. This Agreement constitutes the entire agreement between Cruise Control Marketing and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Cruise Control Marketing , or by the posting by Cruise Control Marketing of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Missouri, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jasper County, MO. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Joplin, MO, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Cruise Control Marketing may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.