1. I understand that this Agreement shall constitute the entire agreement between MySignShine, LLC (“MySignShine”) and myself. I certify that I have read and understand this Agreement. Any promises, representations, offers, or communications not expressly set forth in this Agreement are of no force or effect.
2. This Agreement will continue until terminated by either party. I understand that I have the right to terminate this Agreement at any time, with or without reason. I further understand that if this Agreement is voluntarily or involuntarily terminated for any reason, I will permanently lose all rights as an Affiliate including but not limited to the right to earn commission on the sale of MySignShine products. In the event of any termination, I waive all rights.
3. This Agreement is non-transferable.
4. I am an Independent Contractor responsible for my own business. I UNDERSTAND THAT I AM NOT AN EMPLOYEE AND WILL NOT BE TREATED AS AN EMPLOYEE FOR FEDERAL OR STATE TAX PURPOSES. I recognize my own responsibility to pay self-employment tax, federal, and state income taxes as required by law.
5. I am hereby granted a non-exclusive, royalty-free right to use the MySignShine name and logo (“Licensed Marks”) in literature and on my website in connection with the promotion, marketing, and sales of MySignShine products during the term of this Agreement only.
6. I am prohibited to interfere with MySignShine’s rights in Licensed Marks, including challenging MySignShine’s use, registration of, or application to register any of the Licensed Marks, alone or in combination with other words or designs, anywhere in the world. I am prohibited from attempting to register any Licensed Marks, or any confusingly similar mark, whether or not registered by MySignShine, alone or in combination with other words or designs, as a U.S. or foreign trademark, and from asserting trademark rights in such mark through my use. Any rights asserted by me in such mark shall vest in MySignShine, and any goodwill from use of such mark by me shall inure to the benefit of MySignShine.
7. MySignShine reserves the right to alter, change, update, terminate or otherwise modify in any form or fashion all or any portion of the MySignShine products, website, and these Affiliate Program Terms and Conditions at any time without prior notice.
8. I understand that I am not an agent of MySignShine for any purpose whatsoever. I agree not to do any act that would cause anyone to believe that I am an agent of MySignShine.
9. I understand that this Agreement does not constitute the sale of a franchise, there are no exclusive territories granted to anyone and I am not hereby acquiring any interest in a security.
10. I understand that the terms of this Agreement are strictly enforced. Violation of any provision may be grounds for termination of my Agreement.
11. I authorize MySignShine to use my name, photograph, video, testimonial, personal story, and/or likeness in any advertising or promotional materials, including use on the Internet and waive all claims for remuneration for such use.
12. Affiliate agrees that upon termination of this Agreement for any reason: (A) All orders accepted by MySignShine prior to the effective date of the termination shall be fulfilled pursuant to and subject to the terms of this Agreement, even if the shipment dates of products under such orders are after the effective date of termination. (B) All rights of Affiliate to use the Licensed Marks shall immediately terminate.
13. MySignShine will use reasonable efforts to deliver high-quality products. However, MySignShine makes NO EXPRESS OR IMPLIED WARRANTY AS TO ANY MATTER, INCLUDING NO WARRANTY OF MERCHANTABILITY, NO WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND NO WARRANTY OF NON-INFRINGEMENT.
14. I release and agree to indemnify MySignShine from all liability arising from or relating to the operation of any of my activities related to the presentation of MySignShine products.
15. Any cause of action brought by either party to this Agreement must be commenced within one year from the date on which the conduct giving rise to the claim occurred, or the shortest period otherwise allowed by law. The parties further agree that MySignShine shall not be liable for claims for consequential and exemplary damages.
16. Any waiver by either party of any breach of this Agreement must be in writing. Waiver of any breach shall not be construed as a waiver of any subsequent breach.
17. The parties to this Agreement consent to the exclusive jurisdiction of state and federal courts of Lake County, Illinois for purposes of enforcing legal proceedings between them. This Agreement shall survive any termination of this Agreement.
18. In addition to the specific remedies for breach of this Agreement set forth in this Agreement, the parties shall have all other remedies available to them at law or in equity.
19. Although this Agreement is made and entered into between Affiliate and MySignShine, owners, members, managers, and employees of MySignShine (“Related Parties”) are intended third-party beneficiaries of the Agreement. This provision shall not restrict either party from seeking preliminary or permanent injunctive relief in a court of competent jurisdiction, provided, however, that the sole and exclusive venue for any court proceedings shall be in Lake County, Illinois.
20. In the event of any action suit to enforce the terms of this Agreement, the prevailing party in such action (as determined by the court) shall be entitled to recover its reasonable attorneys’ fees and costs incurred in such action or suit.
21. Notwithstanding any other provision of this Agreement, in no event, shall MySignShine be liable to the other party for any consequential, incidental, indirect, punitive, or similar types of damages, or for lost profits, pursuant to, arising out of, or related to this Agreement, regardless of whether the claim for such damages is framed in tort or in contract.
22. Our Privacy Policy, as it may change from time to time, is a part of these Terms and Conditions.
