Kiki

New York, New York

Hi my name is Kiki I am 24 years old originally from eastern Europe I have a sexual attraction towards older men i did have a sugar daddy before that i met on this site and we decided to stop our relationship for personal reason so here i am again trying to make this work I dont mind if you are married or in a relationship

Affiliate Program Terms of Service

 

DateYoungGirls.com (“DYG”) is a worldwide, intergenerational, adult dating website owned and operated by Sensational Moments, Inc. (“Sensational”), a New Jersey State Corporation.
 
By joining Sensational’s webmaster affiliate program ("Affiliate Program"), you ("Affiliate") are entering into a binding and enforceable contract with Sensational.
 
THIS AGREEMENT SETS FORTH THE TERMS AND CONDITIONS AND PROGRAM RULES UNDER WHICH AFFILIATE MAY PARTICIPATE IN THE PROGRAM. BY PARTICIPATING IN THE PROGRAM AND CLICKING "I AGREE" ON THE SIGN-UP FORM, AFFILIATE IS AFFIRMATIVELY STATING THAT AFFILIATE HAS READ, UNDERSTANDS AND ACCEPTS THIS AGREEMENT AND AGREES TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS AND PROGRAM RULES SET FORTH BELOW:
 
1. Affiliate has read and accepts the payment and other terms and conditions of the specific Affiliate Program, which are published on http://www.DateYoungGirls.com.
 
2. All Affiliates, contacts and payees must have reached the age of majority under applicable law where they reside and/or do business, and must be no younger than 18 years of age in any case. Affiliate represents and warrants that Affiliate has reached the age of majority under the laws of the state or locality where Affiliate resides and/or does business.
 
3. Under the Affiliate Program Rules, and subject to the Terms and Conditions set forth in this Agreement, Sensational grants Affiliate the following:
 
A) The non-exclusive, non-transferable, revocable right and permission to create authorized links from Affiliate‘s web site to a Sensational owned and operated web site. Affiliate will receive a commission or referral fee for referrals of traffic to a Sensational owned and operated web site according to these
Affiliate Program Rules and the specific Affiliate Program Affiliate has accepted provided that Affiliate has complied in all material respects with the Terms and Conditions of this Agreement.
 
B) The nonexclusive, non-transferable, revocable right and license to display on Affiliate’s web site Sensational proprietary materials, including, but not limited to, content; banners; text links; graphic images and text (hereinafter collectively referred to as "Program Materials") solely for the purpose of promoting the products and services
associated with the Affiliate Program and encouraging visitors to Affiliate‘s web site to click through to the Sensational owned and operated web site.
 
C) Affiliate acknowledges and agrees that Sensational is, and shall remain, the exclusive owner of these Program Materials provided to Affiliate by Sensational pursuant to the provisions of the Agreement, and that the Program Materials may not be copied, reproduced, altered, modified, changed, broadcast, distributed, transmitted, disseminated or offered for sale, lease or rental in any manner, at any time, anywhere, except as expressly authorized by Sensational in writing.
 
D) Affiliate acknowledges, agrees and warrants to Sensational that Affiliate’s agreement to these terms and conditions constitutes an agreement that Affiliate shall not access, or attempt to access any Program Materials and/or any Sensational owned and operated web site in a manner not expressly authorized by Sensational. Affiliate agrees and warrants that Affiliate shall at no time access view download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use Program Materials and/or any Sensational owned and operated web site directly or indirectly in places which Sensational does not authorize such access, viewing, downloading, receipt or other use.
 
E) Affiliate hereby acknowledges that Affiliate understands that Sensational does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the Program Materials and/or Sensational owned and operated web site to or by any person, INCLUDING Affiliate, who is located in any of the areas designated as PROHIBITED AREAS below.
 
F) Affiliate further acknowledges that (s)he understands and agrees that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of Program Materials and/or any Sensational owned and operated web site, in which Affiliate is directly or indirectly involved, including, but not limited, to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in any manner shall constitute intentional infringement(s) of Sensational and potentially others' intellectual property rights and other rights in such materials and shall further constitute a violation of Sensational’s trademark and other rights including, but not limited to, rights of privacy.
 
G) Sensational reserves all of its rights in its trade names and trademarks, service marks and all intellectual property rights associated with the Program Materials. Nothing herein shall be construed as a grant or assignment of any rights in any intellectual property owned by Sensational, including, without limitation, any of its trademarks or service marks.
 
H) Affiliate agrees that this license can be terminated or revoked at any time for any reason, or for no reason, upon notice by Sensational to Affiliate and Affiliate agrees upon receipt of such notice to immediately cease using all Program Materials and remove any and all such Program Materials and references to Sensational and/or its web sites from Affiliate’s web sites and any promotional, advertising or marketing materials of any kind.
 
I) All of the following areas constitute PROHIBITED AREAS from which no Program Materials and/or any Sensational owned and operated web site may be accessed, viewed, downloaded or otherwise received:
(i) All parts of the following countries: Afghanistan, Germany, Kuwait, Iran, Iraq, Japan, Jordan, Libya, Pakistan, The Republic of China, Singapore, Saudi Arabia, Syria, The United Arab Emirates;
(ii) AND All parts of every other geophysical place corresponding to a political entity or part thereof in which the access, viewing, downloading, dissemination of, or other use of the materials contained in the web site would constitute a violation of any law, regulation, rule or custom.
 
4. In consideration of Sensational providing Affiliate with Program Materials and the other benefits of the Affiliate Program, Affiliate hereby represents and warrants to Sensational as follows:
 
A) That Affiliate’s web site and all materials, content, goods and services offered through and in associations with Affiliate’s web site do not and shall not at any time:
(i) violate any law, statute, ordinance or regulation or promote illegal activities;
(i) contain or promote obscene materials or child pornography;
(i) contain any materials which depict persons in a manner to suggest that they are under the age of eighteen years;
(i) contain or promote harmful or indecent material to minors;
(i) promote violence;
(i) promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
(i) contain content which is defamatory, libelous, hateful or unlawfully threatening, abusive or harassing;
(i) include any of the Sensational’s trademarks or service marks, or variations/deviations or misspellings thereof, in Affiliate‘s domain names; or
(i) send unsolicited bulk, junk, Spam e-mail or any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature.
 
B) That Affiliate has full authority to enter into this Agreement;
 
C) That Affiliate will provide accurate and complete information to Sensational concerning Affiliate’s identity, bank account, address, tax identification number and/or any and all other information required by Sensational at its sole discretion;
 
D) That any and all obligations owed to third parties with respect to the activities contemplated to be undertaken by Affiliate pursuant to this Agreement are or will be fully satisfied by Affiliate, so that Sensational will not have any obligations whatsoever with respect thereto;
 
E) That nothing on, in or associated with Affiliate’s web site violates any laws, regulations, rules or customs, including, but not limited to, violation of regulations set forth at 18 U.S.C. Section 2257 et seq., or violate or infringe any rights of any person or entity, including any intellectual property rights, including, without limitation, any copyrights, patent rights, trademark rights, trade secret rights, or rights of publicity, or any person's or entities' privacy rights or any other personal or proprietary rights of any
kind; and
 
F) That Affiliate will comply with all applicable federal, state and local laws in the performance of Affiliate’s obligations hereunder; and that each referral submitted by Affiliate represents a bona fide potential Sensational owned and operated web site user and has not been feigned, fictitiously created, or obtained fraudulently or in contravention of the Terms and Conditions of this Agreement.
 
5. Affiliate must complete the required fields during the Sign-Up process, and provide Sensational with Affiliate’s full name and valid contact information, including e-mail and physical mailing address (no P.O. boxes). Sensational will e-mail Affiliate notices about Sensational’s Affiliate Programs and Affiliate’s account based upon the information that Affiliate provides to Sensational.
 
6. Sensational will send out payment monthly. In instances where Affiliate’s account commission balance is under $50.00 per month, or the minimum pay amount specified by Affiliate, whichever is higher, Sensational will hold payment until the applicable threshold is reached. All revenues will be disbursed in US Dollars and Affiliate shall be liable for any and all exchange fees. In the event that payments made to Sensational by credit card processors are delayed for any reason, Sensational will not float monies and shall have a reasonable period of time for receipt of such payments, and to make payments to Affiliates.
 
7. If Affiliate resides in the U.S. or its territories, Affiliate is required to complete a W-9 form with the correct information and enter a Federal Tax ID or Social Security Number or Sensational will be forced to withhold tax as required by law. Sensational may register a 1099 for all U.S. domestic entities to which it issues combined yearly payments of $600.00 or more. Failure to provide this information will cause Affiliate’s payment to be delayed or withheld.
 
8. If Sensational finds that Affiliate has cheated in any Program, including other webmaster affiliate programs not operated by Sensational. Sensational reserves the right in its sole and absolute discretion to cancel Affiliate’s participation in any and all Affiliate Programs, at any time, without prior notification, and Affiliate will not be paid for any of the Programs in which Affiliate has participated or allowed back into any of Sensational’s Affiliate Programs. Affiliate acknowledges and agrees that Sensational shall have the right to deny or withhold payment from Affiliate and to terminate Affiliate from the Affiliate Program if there has been an abnormal number of sign-ups, charge backs or cancellations of memberships or subscriptions which have been referred to Sensational owned and operated web sites through Affiliate’s web site. Affiliate further acknowledges and agrees that Sensational shall have the right, in its sole and exclusive judgment, to determine what constitutes an abnormal number of sign-ups, charge-backs or cancellations of memberships or subscriptions.
 
9. Affiliate agrees that ANY of the following actions by Affiliate or anyone under Affiliate’s control will result in ALL of Affiliate’ accounts being terminated without pay, ALL of Affiliate’s unpaid commissions being FORFEITED to Sensational, and will further result in Affiliate being precluded from ever participating in any of Sensational Affiliate Programs:
(i) Dissemination of unsolicited bulk E-mail, Instant Messages, Chatroom, Newsgroup, ICQ or IRC postings or any other forms of SPAM;
(ii) Promoting or dealing in content such as: Warez, passwords, MP3, bestiality, rape, prostitution, child pornography, violence, or any other illegal activity. This includes use of prohibited content in hidden meta tags, text, links, graphic(s) or any HTML;
(iii) Attempting to mislead or defraud Sensational or any of its agents in any way;
(iv) Directing traffic by using a misleading domain name on the Internet that may either deceive a person into viewing material that is obscene in nature or deceive a minor into viewing material that is harmful to minors on the Internet;
(v) Hijacking traffic;
(vi) Providing incorrect or incomplete account information;
(vii) Generating hits or signups as a requirement to enter or obtain access to goods or services on Affiliate’s (or someone else's) web site;
(viii) Engaging in any sort of mechanism or effort that falsely generates hits or signups, including signups by the Affiliate. If Affiliate wishes to perform a test signup Affiliate must first e-mail and notify <b>support (at) DateYoungGirls.com</b>;
(ix) Violating or infringing any rights of any person or entity, including without limitation, any copyrights, trademark rights, patent rights, rights of publicity, privacy rights or any other intellectual, personal or property right violation or infringement;
(x) Cheating or defrauding any other affiliate program or sponsor;
(xi) Hosting on non-adult free web sites that do not permit adult content. This includes (but is not limited to) Geocities, Angelfire, Tripod, Xoom, CJB.net, or Hypermart;
(xii) Misrepresenting JLEnterprises’ site(s) in any manner, including but not limited to, misrepresenting the cost of membership, terms of service, or content contained within Sensational’s site(s);
(xiii) Misusing Sensational’s site Terms and Conditions, including but not limited to, instructing the referred member to signup and then cancel is also prohibited and such acts, among others, may be criminally prosecuted for scheme to defraud;
(xiv) Unauthorized modification, alteration or use of Program Materials in violation of the terms of this Agreement; or
(xv) Attempting to establish new accounts from Albania, Argentina, Armenia, Azerbaijan, Bahrain, Belarus, Brazil, Bulgaria, China, Colombia, Costa Rica, Croatia, Czech Republic, El Salvador, Egypt, Estonia, Georgia, Hong Kong, Hungary, India, Indonesia, Iran, Iraq, Japan, Jordan, Kaliningrad, Kazakhstan, Korea (North and South),
Kyrgyzstan, Latvia, Lithuania, Macedonia, Malaysia, Moldova, Pakistan, Philippines, Poland, Romania, Russia, Saudi Arabia, Singapore, Slovakia, Slovenia, Spain, Syria, Taiwan, Tajikistan, Thailand, Trinidad, Turkey, Turkmenistan, Ukraine, United Arab
Emirates, Uzbekistan, Venezuela, and Yugoslavia.
 
10. Accounts that are terminated without pay will have a stop placed on all outstanding funds.
 
11. Sensational’s files will prevail in determining all statistics, including, but not limited to, the amount of valid hits, signups, referrals, cancellation, credits and any commissions or referral fees owed to any Affiliate pursuant to this Agreement. Any discrepancies or errors must be brought to Sensational‘s attention within 30 days of payment or else Affiliate’s rights will be deemed permanently waived.
 
12. Sensational reserves the right to cooperate in any investigation relating to activities involving any violation of law or these Terms and Conditions, including disclosure of Affiliate’s account information to third parties in connection therewith.
 
13. COPYRIGHT POLICY CLAIMS OF INFRINGEMENT; DESIGNATED AGENT/DMCA NOTICE. Affiliate may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights or otherwise have a valid basis under the law, including "fair use". Without limiting the foregoing, if Affiliate believes its work has been copied and posted on web site in a way that constitutes copyright infringement, please provide Sensational’s Copyright Agent with the following information consistent with the Digital Millennium Copyright Act (DMCA): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that Affiliate claims has been infringed upon; a description of where the alleged infringing material is located on the web site or in Sensational’s electronic messages, including, if feasible, the URLs of web pages and/or hyperlinks; Affiliate’s mailing address, telephone number, and email address; a written statement by Affiliate that Affiliate has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by Affiliate, made under penalty of perjury, that the above information in Affiliate’s Notice is true, accurate and that Affiliate is the copyright owner or authorized to act on the copyright owner's behalf. Sensational’s United States Copyright Agent for Notice of claims of copyright infringement can be reached as follows:
 
Sensational Moments, Inc.
PO Box 42
Morris Plains, NJ 07950
Email: legal (at) DateYoungGirls.com
 
It is the intention of Sensational to fully comply with the DMCA, including the Notice and "take down" provisions and to benefit from the safe harbors immunizing it from liability to the fullest extent provided by law, and to the extent the Notice and "take down" requirements above deviate from the requirements under the DMCA, the Notice requirements as provided by the DMCA shall control and are herein incorporated by reference.
 
14. Affiliate will indemnify, defend and hold Sensational, its owners, officers, employees, subsidiaries and parent companies harmless from any and all damages, losses and costs (including attorneys' fees) resulting from any act taken by Affiliate in violation of these Terms and Conditions, and/or any failure to act when required to under these Terms and Conditions.
 
15. Nothing in this Agreement is intended by Sensational or Affiliate to create or constitute a joint or collaborative venture or partnership of any kind between the two parties, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between
The two parties, its employees, agents or assigns.
 
A) Affiliate acknowledges and agrees that Sensational shall have no control or ownership interests of any kind in Affiliate’s business or web site.
 
B) Affiliate acknowledges and agrees that Affiliate shall have no financial or other interest in Sensational or any property owned by Sensational, its affiliates, agents, successors or assigns.
 
C) Affiliate acknowledges and agrees that Affiliate’s relationship with Sensational shall be restricted to matters pertaining to the Affiliate Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
 
D) Affiliate acknowledges and agrees that Sensational has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by Affiliate on, at, or in association with, Affiliate’s web site except as specifically set forth in this Agreement.
 
E) Affiliate further acknowledges and agrees that neither Sensational nor any employee, associate, agent, assign, or successor shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with
Affiliate’s web site, and that Affiliate shall be solely responsible for any legal liabilities or consequences resulting from Affiliate’s dissemination of that content, including the Program Materials, on or through Affiliate’s web site.
 
16. Affiliate acknowledges and agrees that Sensational makes no guaranties or warranties of any kind with respect to the Affiliate Program or Program Materials provided by, through or in association with the Affiliate Program, and all Program Materials are provided to Affiliate "as is", and that Affiliate’s participation in the Affiliate Program and use of the Program Materials, is solely at Affiliate’s risk. Sensational disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Affiliate Program and any and all Program Materials of every kind supplied to Affiliate as part of the Affiliate Program.
 
17. Affiliate acknowledges and agrees that under no circumstances shall Sensational, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to Affiliate, or any other person or entity, for any direct or indirect losses, injuries, special or incidental or consequential damages of any
kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, GOODWILL, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any Sensational owned and operated web site, or arising from or in connection with the use of the Program Materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Sensational services, content or Program Materials, including without limitation any losses due to server problems, computer or other equipment failure, or due to incorrect placement of HTML, regardless whether based upon breach of contract, negligence, 18 USC § 2257, errors and omissions, copyright, trademark, patent, or any other claim or cause of action. In the event of any network
downtime, computer or technical error Sensational will not be held responsible for any lost hits, signups, traffic or income.
 
Affiliate agrees to fully comply with 18 USC § 2257 et seq ("2257"), including but not limited to its notice and recordkeeping requirements, as a condition precedent to Affiliate’s participation in Affiliate Program or providing any traffic or links from Affiliate’s web pages to Sensational owned and operated web sites, graphics, web pages, and content or making use of the Program Materials. Affiliate agrees to immediately provide to Sensational as requested, in its sole discretion, record keeping documents and data needed for Sensational to comply with 2257 or for us to audit, from time-to-time, Affiliate’s compliance with such statute.
 
To the extent that Sensational has, or in the future will provide Affiliate with advertising or promotional material or Program Materials or other content that contains a visual depiction of any persons or "models" that is "sexually explicit content" as defined or referred to by 18 USC § 2256 and § 2257, Affiliate is authorized to use such advertising or promotional material or Program Materials or other content ONLY in a manner that is exempt from the record-keeping requirements encompassed in 2257. Consequently Sensational may not provide Affiliate with copies of any identification documentation related to certain persons or models or Program Materials.
 
IF AFFILIATE IS NOT EXEMPT, EITHER AS A "MERE DISTRIBUTOR" OR UNDER ANY OTHER EXEMPTION UNDER 2257 (h) (3), AFFILIATE IS NOT AUTHORIZED TO USE, AND MUST REFRAIN FROM USING, ANY SEXUALLY EXPLICIT CONTENT MATERIAL OR CONTENT OR PROGRAM MATERIALS PROVIDED OR MADE AVAILABLE BY SENSATIONAL IN THE PAST AND AT ANY TIME IN THE FUTURE AS WELL AS LINKS TO THE SAME.  IF AFFILIATE’S SITE CONTAINS ANY SUCH MATERIAL OR CONTENT OR PROGRAM MATERIALS OR LINKS TO THE SAME, AFFILIATE HEREBY WARRANTS AND REPRESENTS THAT AFFILIATE WILL REMOVE IT IMMEDIATELY AND REFRAIN FROM USING ANY SUCH MATERIAL CONTENT OR PROGRAM MATERIALS OR LINKS TO THE SAME GOING FORWARD. SENSATIONAL WILL NOT INDEMNIFY, DEFEND AFFILIATE OR IN ANY OTHER WAY BE HELD RESPONSIBLE FOR AFFILIATE’S UNAUTHORIZED USE OF ANY SEXUALLY EXPLICIT CONTENT.
 
Notwithstanding the foregoing express limitations of liability, Affiliate acknowledges and agrees that should Sensational, its officers, employees, successors, or assigns be held liable to Affiliate for damages, injuries or losses of any kind, directly or indirectly resulting from Affiliate’s participation in the Affiliate Program, that the maximum total dollar amount of liquidated damages for any and all of Affiliate’s claims, injuries, damages or losses shall not exceed a total of ten dollars ($10.00).
 
18. Affiliate expressly acknowledges and agrees that the success any of its business endeavors which involve Affiliate’s participation in the Affiliate Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, Affiliate’s administrative capabilities, etc., and that the ultimate success or failure of Affiliate’s business rests with Affiliate and not Sensational. Affiliate further expressly agrees not to raise any claim of any kind against Sensational and Affiliate agrees to hold Sensational and its agents, officers, directors, and employees harmless from any claim of loss to Affiliate directly or indirectly resulting from Affiliate’s decision to participate in the Affiliate Program pursuant to this Agreement. Affiliate hereby confirms and acknowledges that Affiliate has unilaterally decided to enter an Internet service business and acknowledges that it is a high risk business. Affiliate further confirms, acknowledges and expressly agrees that neither Sensational, any agent or representative of Sensational, nor any other person has at any time in the past, represented to Affiliate or has otherwise directly or indirectly communicated in any manner to Affiliate any guarantee, reassurance or any other statement of any kind regarding:
(i) The potential profitability or likelihood of success of Affiliate’s participation in the Affiliate Program as set forth in this Agreement or otherwise;
(ii) The possibility or likelihood that use of any products and/or services provided by Sensational pursuant to this Agreement can or will result in the recouping of any funds expended by Affiliate for the promotion of Affiliate’s web site or any other purpose; or
(iii) The existence, nonexistence, size or any other characteristics of any market for any products or services which involve Affiliate’s participation in the Affiliate Program pursuant to this Agreement.
 
19. Sensational shall not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at, or in association with Affiliate’s web site, including any Program Materials or content which Affiliate has received from Sensational. Affiliate assumes the full and sole responsibility and liability for the decision to display or include content on Affiliate’s website, to distribute or make the content available to the viewers of Affiliate’s website in various geographical areas, and for all decisions relating to the manner in which Affiliate permits or restricts access to its website.
 
20. Sensational reserves the right to alter or modify the Terms and Conditions at any time without prior notice to Affiliate. It is Affiliate’s responsibility to refer to this document from time to time so that Affiliate may be informed of any changes to the Terms and Conditions. Ignorance of the Terms and Conditions is no excuse to any action taken by Sensational, or to Affiliate’s failure to act, under these rules.
 
21. Either party may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Upon termination of this Agreement Affiliate shall immediately cease using Sensational’s name(s) and marks and remove all Sensational’s banners from Affiliate’s site.
 
22. Sensational reserves the right to cancel this Agreement at any time, for any reason, without prior notification. In such cases Affiliate will be notified immediately and paid for accumulated funds up to that point in time, unless otherwise forfeited under this Agreement. Notice by e-mail, to the e-mail address Sensational has on file for Affiliate is considered sufficient notice to terminate or cancel this Agreement.
 
23. This Agreement constitutes the entire agreement between Affiliate and Sensational agreements, discussions, and representations, whether written or oral.
 
A) Affiliate agrees that Sensational may from time-to-time, in its sole and exclusive discretion, modify the type and quality of benefits provided to Affiliate hereunder either with or without notice. Sensational may modify other terms and conditions at any time upon e-mail notice to Affiliate.
 
B) Affiliate agrees that no modification of this Agreement by Affiliate, Affiliate’s employees, representatives, agents, assigns or successors shall be enforceable or have any effect unless first reduced to writing and signed by Sensational duly authorized representative.
 
C) Affiliate agrees that no officer, employee or representative of Affiliate or Sensational has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof, which is not contained expressly in this Agreement; and Affiliate acknowledges and agrees that Affiliate has not executed this Agreement in reliance upon any such representation or promise.
 
D) Affiliate acknowledges and agrees that the failure of Sensational to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
 
E) Affiliate agrees that all promises, obligations, duties and warranties made by Affiliate in this Agreement are personal to Affiliate and that neither they nor any benefits hereunder may be assigned by Affiliate to any other person or entity.
 
F) Affiliate agrees that Sensational may, at any time, and without prior notice to Affiliate, freely assign all or part of its duties, obligations and benefits hereunder.
 
24. By accepting these terms and conditions and becoming an Affiliate, Affiliate agrees that this Agreement and all disputes or controversies as to the interpretation of or any performance arising under, or related to this Agreement shall be governed by
and construed under the laws of the State of NEW JERSEY and the United States of America as applied to agreements between NEW JERSEY state residents entered into and to be performed within the State of NEW JERSEY, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
 
A) Affiliate further agrees that, notwithstanding any judicially or statutorily created choice of law rule that would otherwise require the application of the law of some other jurisdiction, all provisions of this Agreement and all matters or controversies of any kind arising out of, or related to this Agreement or the rights or liabilities of the parties hereto shall be governed solely by the substantive statutory and common law of the state of NEW JERSEY.
 
B) Any and all disputes or controversies of any kind, including, but not limited to, any performance, duty, obligation or liability arising under or related to this Agreement, which are unable to be resolved informally, shall be determined by binding arbitration in
MORRIS COUNTY, NEW JERSEY. The arbitration shall be governed by the New Jersey Rules of Civil Procedure. The final award in any such arbitration proceeding shall be subject to entry as a judgment by any court of competent jurisdiction, provided that such judgment does not conflict with the terms and provisions hereof. The jurisdiction of the arbiter (or arbiters) with respect to legal matters shall be limited only by the statutory and common law of the State of NEW JERSEY and the United States. The prevailing party in the arbitration proceeding shall be entitled, in addition to any other remedies, to an award of reasonable attorneys' fees.
 
C) The parties agree that the venue for all legal disputes, controversies, and actions of any kind arising under or related to this Agreement shall be MORRIS COUNTY, NEW JERSEY.
 
25. For purposes of construction of this Agreement, both Sensational and Affiliate shall be deemed to have mutually drafted this Agreement and all parts thereof.
 
26. If any provision of this Agreement is held void or unenforceable to any extent, such provision shall be deemed excised and removed to make the remaining provisions enforceable. Unless otherwise specifically provided, the provisions of this Agreement shall survive its termination.
 
27. Either party shall be excused from delays in performing or from its failure to perform hereunder to the extent that such delays or failures result from causes beyond the reasonable control of such party, including, without limitation, acts of God, nature, any government agency, war, civil disturbance, labor disputes or shortages, electrical or mechanical breakdowns, inability or refusal of a common carrier to provide communications capabilities, or any other cause beyond either party's direct control, including, but not limited to, the issuance of an order by any regulatory, administrative, judicial or legislative body prohibiting or interfering with either party from carrying on its day-to-day operations as contemplated under this Agreement.
 
28. Sensational strongly advises that Affiliate review this Agreement with its attorney before it enters into it. Affiliate acknowledges and agrees that nothing herein and no statement by us or any employee, representative, agent or other person associated with us has in any way prevented or inhibited Affiliate from seeking such advice prior to entering into this Agreement. Affiliate hereby acknowledges and agrees that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that Affiliate has been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.
 
29. BY CHOOSING THE “I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF PROVISIONS CONTAINED ABOVE” OPTION AND CLICKING ON THE “SUBMIT” BUTTON below, and by supplying Sensational with all of the required information to sign Affiliate up to the Affiliate Program, Affiliate is acknowledging that Affiliate agrees to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.

I have read this agreement and agree to all of provisions contained above.

I have read this agreement and I do not agree to all of the provisions contained above.

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