|
|
|
Agreement Terms |
|
Compensation We will pay compensation monthly and within thirty days. We make no warranty whatsoever, express or implied, including specifically any warranty of minimum or guaranteed income to you. Term of Agreement The term of this agreement will end when terminated by either party. Either party may severe this agreement at any time, with or without cause. You are only eligible to earn referral fees on referrals occurring during the term. Confidentiality You agree that you will not disclose any restrictive and confidential information that you may learn, including but not limited to our business practices. Such as, all or any part of, and originals or copies of information, materials, processes, methods and concepts, in whatever form embodied (oral, written, electronic) owned by CCFC of America (CCFCofAmerica.com), a division of the ISI corporation, no matter how or by what party such information, materials, or concepts were transmitted. Disputes We will resolve any dispute arising under this agreement at the request of either party through binding arbitration conducted by a single arbitrator in New York, New York, in accordance with the then existing commercial rules of the American Arbitration Association. The arbitrator may award any damages not inconsistent with this agreement. Any fees for Arbitration will be divided equally among the parties. Indemnification Each party agrees to indemnify, defend, and hold harmless the other party from and against any and all claims, actions and proceedings (including but not limited to reasonable attorney fees and expenses, damages, judgments, settlements and costs incurred in connection therewith) that arises out of or relates to any breach or omission by such indemnifying party with respect to its obligations under this agreement or arising out of negligence or willful misconduct of such party in connection with the performance of its duties hereunder. Any person claiming any right of indemnification under this agreement ("Indemnified party") as a result of a third party claim shall notify the party from whom indemnification is sought (the "indemnified party") pursuant to the provisions hereof (a "claim notice"), specifying the nature of the claim, and giving notice of any fact upon which the indemnified party intends to base a claim for indemnification hereunder. The indemnified party shall have thirty days (or, if shorter, a period to date not less than the date when a responsive pleading or other document is required to be filed giving effect to any available extension) (the "notice period") to notify the indemnified party (a) whether or not it disputes its liability for indemnification of the third party claim and (b) if liability is not disputed, whether or not, it desires to defend the indemnified party. If the indemnifying party elects to defend by appropriate proceedings, such proceedings shall be promptly settled or prosecuted to a final conclusion in such a manner as in reasonably calculated to avoid any risk of damage to the indemnified party, and all costs and expenses of such proceedings and the amount of any judgment shall be paid by the indemnifying party. Limitation of Liability We will not be liable for consequential, special or punitive damages arising out of this agreement or its termination, whether liability is asserted in contract or tort (including negligence and strict product liability) and irrespective of whether any party has been advised of the possibility of any such loss or damage. 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, by mail and/or by fax. 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 controlled participation in the program following our posting of a change notice or new agreement on our site, by mail and/or by fax will constitute binding acceptance of the change. Governing Law This agreement shall be governed by the laws of the state of New York that apply to contracts made and executed within the state, irrespective of the fact that a party hereto may not be a resident of, have a business in and/or conduct business in New York. If any provisions in this agreement shall be found to be invalid or unenforceable in any jurisdiction in which this agreement is being performed, the remainder of this agreement shall be valid and enforceable. Any action relating to this agreement must be brought in the federal or state courts located in New York, New York 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. Prohibitive Practices You agree that you will not charge any fees to or accept payment of any kind from any consumer in relation to or arising from the terms agreed to in this contract or for any other reason in connection with CCFCofAmerica.com, CCFC of America, a division of the ISI corporation. You also agree that you will not use unsolicited e-mail (SPAM) and unsolicited faxes in your efforts to market our services. This includes, but is not limited to, e-mail, participation in news groups, discussion boards, chats and any other communication that could be considered SPAM. If you use any of the above methods in any form, you will be immediately terminated - and we will not pay any fees, including fees earned prior to the termination. Refunds Occasionally a payment for a service previously credited to you may not clear and we will have to void the transaction in such case, the generated referral fee is voided. If we paid you the fee already, we will deduct the amount from your next monthly check. Acknowledgment 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. 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. You also understand and acknowledge that you are not an employee and you are not an independent contractor of CCFC of America. You are a self-employed independent business person with total flexibility to work where and whenever you desire (with regards and in accordance to all local, state and federal laws). |