Burn Belly Fat
Affiliate Agreement, Anti-Spam Policy And Earnings Disclaimer
1. Agreement
By using this website, you are agreeing to enter into a legal agreement (the "Agreement”)
with Bradley Gatewood also doing business as Burn-Belly-Fat.com ("Burn Belly Fat”
or "Company”) containing all of the terms and conditions governing your
or your company's (in either case, "You” or "Your”) participation in Burn
the Fat's Affiliate Program (the "Program”). Your completed ClickBank online
registration form (as described in Section 5, below) and this Agreement constitute
Your application to participate in the Program. Burn Belly Fat's third-party affiliate
manager, ClickBank, will evaluate Your application and will notify You regarding
Your acceptance or rejection. If ClickBank accepts Your application, You will be
bound by ClickBank's terms of service. ClickBank is under no obligation to accept
Your application, and may, in its sole discretion and for any reason or no reason
at all, reject Your application. You represent and warrant that You have read and
understood, and agree to be bound by, the Agreement and ClickBank's terms of service.
2. Statement of Investigation
You acknowledge that You have read and that you understand this Agreement. You acknowledge
that You independently have evaluated the desirability of participating in the Program
and that You are not relying on any representation, guarantee or statement not set
forth in this Agreement.
3. Additional Agreements
The Burn Belly Fat Terms
of Use and Medical
Disclaimer are incorporated herein by reference. All capitalized terms
not defined in this Agreement shall have the meanings set forth in the Terms of
Use. In the event of a conflict between this Agreement and the Terms of Use and/or
Medical Disclaimer, this Agreement shall control.
4. Eligibility
You hereby represent and warrant that You are 18 years of age or older and that
You are otherwise legally qualified to enter into and form contracts under applicable
law. Any individual executing this Agreement on behalf of a company further represents
and warrants that they are authorized to act and enter into contracts on behalf
of, that company.
5. Administration of the Program by ClickBank; Registration
The Program is administered entirely through ClickBank (www.clickbank.com), a third-party affiliate management and
payment processing company. The Program is governed by, in addition to this Agreement,
ClickBank's Client Contract
and all of the rules, regulations and terms of conditions contained therein. In
the event of a conflict between ClickBank's Client Contract and this Agreement,
this Agreement shall control. ClickBank may collect and use certain information
about you, as specified in ClickBank's Privacy Policy. Prior to providing information to ClickBank,
you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE
TO THE TERMS OF CLICKBANK'S PRIVACY POLICY, YOU MUST NOT SIGN UP TO PARTICPATE IN
THE PROGRAM.
To enroll in the Program, You must complete, and submit information through, ClickBank's
SIGN
UP FORM. On that form, you will be asked to choose a ClickBank account name
(also known as a ClickBank affiliate "nickname") consisting of 5-10 letters and
digits. Your account name will be used in the affiliate hypertext link that tracks
all sales attributable to you; ClickBank refers to such affiliate links as "hoplinks,"
which are further defined in ClickBank's Client Contract. When a prospective customer
clicks on your affiliate hoplink, the destination website will be http://www.Burn-Belly-Fat.com.
6. Affiliate Link, Burn Belly Fat Marks and Copyright; and License
(a) Affiliate Link. ClickBank will provide You with a copy, in electronic
form, of a clickable hypertext link (aka a hoplink, as described above), through
which a user of a web page containing such link may purchase Burn Belly Fat products,
including but not limited to the PDF-format e-book Burn Belly Fat (the "Affiliate
Link").
(b) Marketing Tools and eBook. Burn Belly Fat will provide to you various
types of media and marketing materials ("Marketing Tools") to assist you in promoting
Burn Belly Fat products. Such Marketing Tools may include text ads, book covers,
banner ads, author photos, solo emails, brandable PDFs, sales letters, reviews,
articles and other materials. The PDF e-book, Burn Belly Fat, is protected by a
registered copyright, and the Marketing Tools are protected by copyrights, all of
which are owned by Bradley Gatewood. The Marketing Tools, the Mark and the Burn
Belly Fat copyrights are owned exclusively by Burn Belly Fat, and You gain no ownership
or other rights in such Marketing Materials, Mark or copyrights, except as specifically
granted in this paragraph 6.
(c) License.
i. Burn Belly Fat hereby grants to you a nonexclusive, revocable, nonsublicensable
license to use the Marketing Tools, subject to the conditions set forth in this
Agreement and specifically Section 6(d) below. Burn Belly Fat may, in its sole discretion,
terminate Your rights to use the Marketing Tools and Your license thereto, whether
in connection with a single website or entirely, at any time and for any or no reason,
whether in connection with the termination of this Agreement or otherwise.
ii. Burn Belly Fat further grants to You a non-exclusive, revocable, non-sublicensable
license to register the Mark in a domain name, subject to the conditions set forth
in this Agreement and specifically this Section 6(c)(ii). Burn Belly Fat may further,
in its sole discretion, terminate Your right to register a domain name, or maintain
registration of a domain name, containing the Mark and Your license thereto, at
any time for any or no reason, whether in connection with the termination of this
Agreement or otherwise. Immediately upon termination of this Agreement or Your rights
under this Section 6(c)(ii), You must transfer to Burn Belly Fat any and all domain
names containing Mark.
iii. Other than as specifically granted in this Section 6 or in any other agreement
between You and Burn Belly Fat, You have no right to use any Burn Belly Fat Mark,
Marketing Tools or copyrights in any way.
(d) Use of License. Your use of the licenses and permissions contained
in Section 6(c) is restricted to the sale of Burn Belly Fat products using ClickBank
Affiliate Links. All other uses of the licenses and permissions contained in Section
6(c) are prohibited and will constitute a breach of this Agreement.
(e) Affiliate Link Formatting. The Affiliate Link, hoplinks as they are
defined by ClickBank, contain special link formats permitting tracking, reporting,
and commission calculations by ClickBank. You are responsible for using the Affiliate
Link in a manner that ensures the proper tracking and commission calculations by
ClickBank. You will not earn commissions on transactions initiated other than in
connection with the proper utilization of the Affiliate Link.
(f) Your Representations and Warranties. You represent and warrant that
you will not:
i. Use the Affiliate Link and/or Marketing Tools and/or register a domain name containing
the Mark for any purpose other than that specifically set forth in Section 6(d);
ii. Use the Affiliate Link and/or Marketing Tools on any website not listed on the
ClickBank online registration form or otherwise approved in writing by Burn the
Fat;
iii. Modify or alter the Affiliate Link, in any way;
iv. Register a domain name in accordance with this section for the purpose of promoting
any products other than Burn Belly Fat products;
v. Use the Mark in advertisements, including but not limited to pay-per-click advertising,
for the purpose of promoting any product other than Burn Belly Fat products;
vi. eBay & Auction Sites Prohibited. Use the Mark to advertise Burn the
Fat Products, or actually sell or otherwise distribute Burn Belly Fat Products,
on eBay or any other online auction site, as you specifically warrant in Section
7(d).
vii. Display the Affiliate Link in any manner that implies sponsorship or endorsement
by Burn Belly Fat, above and beyond of Your involvement in the Program; or
viii. Use the Affiliate Link, or register a domain name containing the Mark, to
disparage Burn Belly Fat, its products or services, or in a manner which, in Burn
the Fat's reasonable judgment, may diminish or otherwise damage Burn Belly Fat's
goodwill in its Mark and copyright. You understand that disparagement may result
in the immediate suspension or termination of Your account and a cancellation of
any pending commissions.
ix. Design and publish Your own creative material containing the Mark or Burn the
Fat copyrights, including without limitation banners or other graphical advertisements,
without Burn Belly Fat's express written approval. You also agree that You are responsible
for all expenses related to the creation of custom creative materials.
x. Present Burn Belly Fat products and services in any way other than as set forth
in the official Burn Belly Fat Website or Burn Belly Fat Marketing Tools. You will
make no claims regarding potential income, earnings, products, or services beyond
what is stated at the official Burn Belly Fat Website. You also agree not to reproduce
commission checks or distribute commission checks in any form or by any means.
xi. Advertise on "free download" or file sharing sites. Specifically, you acknowledge
that this advertising on "free download" or file sharing sites is strictly prohibited
under this Agreement. You may not use to use the Mark or the name "Bradley Gatewood"
on any file sharing or "free download" site to advertise or to distribute free reports
or free articles. Such use is trademark infringement under this Agreement and US
trademark laws. Additionally, you may not make a free article or free report download
appear as if it is the Burn Belly Fat ebook. You acknowledge that this deceptive
use of file sharing and "free download" sites is also deemed to be affiliate abuse
by Clickbank.
7. Your Representations and Warranties
You hereby represent and warrant that:
(a) Registration Form. You have provided complete and accurate information
on the ClickBank online registration form, and that you will immediately inform
ClickBank of any changes to that information by written notice.
(b) Obligations Regarding Your Website and Your Marketing of Your Website.
You will be responsible for the development, operation and maintenance of your website
and for all materials and content that appear on your website. In developing, operating
and maintaining your website, You will comply with any and all applicable laws,
including without limitation Federal and state privacy, anti-spam and intellectual
property laws, and will not violate the rights, including without limitation the
intellectual property rights, of any third party. Additionally, you are solely responsible
for ensuring that Your Affiliate Link is set up properly to have sales tracked and
recorded to qualify for commissions.
(c) Non-Bona Fide Transactions. Without limiting any other provision of
this Agreement, You must promote Burn Belly Fat in a manner that does not mislead
end users, and in a manner that ensures bona fide transactions between end users
and Burn Belly Fat. You shall not promote, facilitate or otherwise initiate transactions
that are not in good faith, including without limitation by means of any misleading
device or technology. Burn Belly Fat shall have no obligation to compensate You
for transactions involving You or an end user acting as Your agent, for non-bona
fide transactions, including without limitation multiple transactions initiated
by the same individual, entity or IP address.
(d) Prohibition against Advertising on Online Auction Websites. Without
limiting any other provision of this Agreement, You shall not use the Mark, Burn
the Fat copyrights or any name identified or associated with Burn Belly Fat, to
advertise, or to actually sell or distribute, Burn Belly Fat products on eBay or
any other online auction website.
(e) Prohibition against Resale. Without limiting any other provision of
this Agreement, You will not collect payments or sell any Burn Belly Fat products
from other websites as a "reseller," and no "resale" rights are granted to you in
any way. Specifically, you shall not sell Burn Belly Fat products on eBay or any
other online auction site, and you shall not give away copies of any Burn Belly
Fat products.
(f) Use of Tracking Code. Use of Tracking Code. Without limiting any other
provision of this Agreement, You will not enable any tracking code, use any device
or do any other thing that would allow You to collect personally identifiable information
from or about end users, as such information is passed to ClickBank over its secure
servers.
(g) Objectionable Content. You will not display the Affiliate Link or Marketing
Tools, or advertise Burn Belly Fat products or services, on websites that promote
sexually explicit material, violence, war or pirated materials, or sites that promote
discrimination based on race, sex, religion, national origin, or physical disability
or sites that promote illegal activities, or sites that infringe or otherwise violate
any copyright, trademark, or other intellectual property rights.
(h) Privacy of Customer Data. To protect customer privacy under Burn the
Fat's Privacy Policy, if deemed necessary, Burn Belly Fat reserves the right to
withhold identifying customer contact information from you. Burn Belly Fat has no
obligation to provide You with any specific information for any customer, regardless
of whether said customer arrived at the Burn Belly Fat Web site through your Affiliate
Link in Burn Belly Fat's Marketing Tools.
7.1 Warranties Regarding Email Marketing and Spamming
You hereby acknowledge and agree to abide by the following restrictions regarding
email when you engage in affiliate marketing for Company.
(a) SPAMMING IS NOT PERMITTED. For the purpose of this Agreement, spamming is any
form of emailing for a commercial purpose that is unsolicited. If You spam, Burn
the Fat reserves the right at any time and without notice to terminate Your status
as an affiliate and to instruct ClickBank to terminate You as an affiliate of Burn
the Fat and, in Burn Belly Fat's sole discretion, terminate your ClickBank account
in its entirety, in accordance with Section 11 below. To give you notice of how
spamming can result in termination of this Agreement, Burn Belly Fat has instituted
an Anti-Spam Policy that sets forth the minimum standards to which Burn Belly Fat
requires its affiliates to adhere in light of current laws, rules and regulations
governing the transmission of email and the best practices in the industry. In the
event any state or federal law, rule or regulation governing email communications
is enacted or amended after the effective date of the Agreement, setting forth standards
more restrictive than those set forth herein, the more restrictive standards contained
in such enacted or amended law, rule or regulation shall apply to all affiliates,
notwithstanding anything to the contrary set forth in this Anti-Spam Policy. Any
emails, email newsletters, or other forms of marketing campaigns operated by You
MUST use "permission" or "opt-in" emails lists and must meet the following standards
to prevent termination of this Agreement.
i. You may distribute emails solely to those persons who have actively opted-in
to receive the email. The content of each email shall include (a) Your correct point-of-origin
email address, transmission information and routing information, (b) clear, prominent
opt-out instructions in the email and in the first line of the text, if required
by applicable law; (c) a telephone number or valid email address at which recipient
may contact You to file complaints and/or opt-out; (d) accurate information regarding
the manner in which the recipient opted-in to receive the email, (e) a valid postal
address for You, and (f) the identifier and any disclaimers that Company assigned
to the email. You shall not, without Company's prior written approval, include any
redirect links or frames in an email. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING,
IN NO EVENT MAY YOU USE ANY NAME IDENTIFIED OR ASSOCIATED WITH Burn Belly Fat IN
AN EMAIL HEADER, SPECIFICALLY INCLUDING WITHOUT LIMITATION THE Burn Belly Fat TRADEMARK,
SERVICE MARK OR TRADE NAME, THE NAME "Bradley Gatewood" OR THE PHRASE "Burn Belly
Fat, FEED THE MUSCLE" (OR ANY COMBINATION THEREOF), FORGE EMAIL HEADER INFORMATION
OR OTHERWISE ENGAGE IN FALSE OR MISLEADING CONDUCT.
ii. You shall (a) make adequate disclosures as required by law to those on its email
list(s) regarding Your email and privacy and security policies; (b) respond to all
complaints within one (1) business day after You becomes aware of the complaint,
(c) provide Company with a copy of every complaint, immediately upon Your receipt
thereof, (d) implement any corrective action Company may require and (e) comply
with any legal and/or other requirements Company may reasonably specify.
iii. You must provide a simple method for subscribers to the emails to opt-out of
their subscriptions with clear and effective instructions for unsubscribing. As
such, emailing from a list must cease promptly, but in no case more than three days,
after a subscription is terminated.
iv. You must provide a manual opt-out procedure (e.g., an email address to which
messages may be sent for further contact via email or telephone) available for those
who wish to terminate their subscriptions but are unable or unwilling to follow
standard automated procedures.
v. You must ensure that the potential negative impact of your email campaigns is
minimized by proper list management procedures such as pruning of invalid or undeliverable
addresses.
vi. You must take adequate steps to ensure that your lists are not used for abusive
purposes such as emailing malicious emails or chain letters. You must use your lists
and run Your campaigns in compliance with the Children's Online Privacy Protection
Act (COPPA).
vii. You must not email to an unsubscribe list. As such, you should maintain a "suppression
list" of email addresses through which all subscription requests are filtered to
prevent subscription of addresses appearing on the suppression list by unauthorized
third parties.
viii. You shall examine the terms and conditions under which the email addresses
on all third party lists were originally compiled to ensure that all recipients
have in fact opted-in to the type of mailing list you intend to operate. You shall
ensure that all third party lists used by or on behalf of you were generated by
the third party source in accordance with the same standards listed above, and You
must discard an old email list and create a new email list when there is a substantive
change in either the subject matter or frequency of messages. A notification about
the new email list may be appropriate on the existing emailing list, but existing
subscribers should never be subscribed automatically to the new list.
7.2 Warranties regarding other Marketing Communications and Spamming
You hereby acknowledge and agree to abide by the following restrictions regarding
marketing communications when you engage in affiliate marketing for Company.
(a) You must not post messages to Usenet, forums and message boards that are unrelated
to the topic of discussion, cross-posted to unrelated newsgroups, posted in excessive
volume, or posted in against forum or message board rules. You further agree that
it is your responsibility to make yourself aware of any forum or message board rules.
(b) You must not post content on free blog websites, especially multiple blog websites,
that are not updated and that are used for the sole purpose of keyword spamming,
or post comments on legitimate blogs that violate the comment policy of the blog
owner. You further agree that it is your responsibility to make yourself aware of
any blog rules or policies.
(c) You must not post solicitations in chat rooms, or to groups or individuals via
Internet Relay Chat or "Instant Messaging" systems (such as ICQ).
(d) You must not engage in certain offline activities, that may not considered spam
but are similar in nature, including distributing flyers or leaflets on private
property or where prohibited by applicable rules, regulations, or laws.
(e) You agree and consent to receive e-mail from Burn Belly Fat and ClickBank, including
but not limited to, sales reports, training, promotional resources, newsletters
and other correspondence.
7.3 Liquidated Damages for Violation of Burn Belly Fat's Anti-Spam Policy.
Because damages are often difficult to ascertain, if actual damages cannot be reasonably
calculated then You agree to pay Company liquidated damages of $500 for each piece
of spam or unsolicited e-mail transmitted from or otherwise connected with your
account, or actual damages, whichever is higher, to the extent such actual damages
can be reasonably calculated.
8. Indemnification
You will indemnify, defend, and hold harmless Burn Belly Fat and its officers, directors,
employees and agents (the "Indemnified Parties") from any claim,
demand or other legal process or proceeding, including without limitation as to
legal costs and fees, arising from or alleging facts that, if true, would constitute
breach of this Agreement or any of the representations and warranties contained
herein. The Indemnified Parties have the right, but not the obligation, to participate
through counsel of their choice in any defense by you required by this Section 8.
You may not settle any claim against any Indemnified Party without their prior written
consent.
9. Customers; Order Fulfillment; Customer Service
Customers who purchase products and services through the Program are customers of
Burn Belly Fat. Burn Belly Fat will be solely responsible for processing each and
every order for Burn Belly Fat products, including but not limited to the PDF-Format
e-book Burn Belly Fat. Burn Belly Fat is solely responsible for all customer service
inquiries.
10. Processing of Transactions by ClickBank; Commissions
(a) Commissions. Burn Belly Fat will pay you a commission of 55% of the
revenue for each order placed through Your Affiliate Link. ClickBank may deduct
from any commission payment amounts as necessary to compensate for transaction costs,
customer returns or other charges. All checks will be remitted by ClickBank. For
more information, please se ClickBank's
Accounting Policy.
(b) Right to Reject Non-Compliant Transactions. Burn Belly Fat reserves
the right to reject any end user transaction initiated in a manner that does not
fully comply with this Agreement or with any other requirements made communicated
by Burn the Fat and/or ClickBank to You. Burn Belly Fat will only pay commissions
on sales that are tracked through ClickBank's tracking system and indicate you as
the source of the visit to the Burn Belly Fat website. You have no right to commissions
if a buyer later returns to the Burn Belly Fat site through another affiliate link
or source and makes a purchase.
(c) Tax Information. ClickBank may require you to furnish taxpayer identification
information in connection with Your receipt of any commissions under this Agreement.
You will be responsible for paying any and all taxes relating to all such commissions.
(d) Pricing of Products. Burn Belly Fat's pricing of products and services
is totally within Burn Belly Fat's absolute discretion, and Burn Belly Fat reserves
the right to change the pricing structure, terminate any special offers, discontinue
products or services, or change the terms under which products or services are offered
at any time, without any advance notice to You.
11. Term of the Agreement; Termination of ClickBank Account
The term of this Agreement begins upon ClickBank's acceptance of your application
for the Program and ends when terminated by You, ClickBank or Burn Belly Fat. Either
You or Burn Belly Fat may terminate this Agreement at any time, for any reason or
no reason, by giving the other party written notice of termination in accordance
with this Agreement. Immediately upon termination (whether by you or Burn Belly
Fat), You must remove the Affiliate Link from Your website and must destroy or erase
from computer memory all copies of the Affiliate Link. Burn Belly Fat will pay you
any commissions you earned before termination. In the event that Burn Belly Fat
terminates this Agreement for cause, however, Burn Belly Fat shall have no obligation
to pay you any commissions that were unpaid as of the date of termination. The provisions
of Section 3, 7.3, 8, 11-17 will survive any termination or expiration of the Agreement.
YOU UNDERSTAND THAT Burn Belly Fat, IN CONJUNCTION WITH CLICKBANK, MAY, IN BURN
THE FAT'S SOLE DISCRETION, WITHOUT PRIOR NOTICE, TERMINATE YOUR CLICKBANK ACCOUNT
IN ITS ENTIRETY FOR ANY BREACH OR SUSPECTED BREACH OF ANY REPRESENTATION, WARRANTY
OR COVENANT CONTAINED IN THIS AGREEMENT, OR ANY APPLICABLE LAW OR REGULATION, AND
SUCH TERMINATION WILL RESULT IN THE FORFEITURE OF ANY AND ALL UNPAID COMMISSIONS
WHETHER ASSOCIATED WITH Burn Belly Fat OR ANY ANOTHER CLICKBANK PRODUCT.
YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES AND YOUR HEIRS HEREBY
VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY
Burn Belly Fat AND ITS RESPECTIVE OWNERS, AGENTS, OFFICERS AND EMPLOYEES FROM ANY
AND ALL CLAIMS, ACTIONS OR LOSSES WHICH MAY ARISE OUT OF THE TERMINATION OF YOUR
CLICKBANK ACCOUNT.
12. Modification
Burn Belly Fat may modify any of the terms and conditions contained in this Agreement
upon notice to you, to be given by the posting of a new version or a change notice
on the Burn Belly Fat website. In the event of substantive changes, You also may
receive written notice, given as required by this Agreement. If a modification is
unacceptable, You may terminate this Agreement as permitted herein. If you continue
to display the Affiliate Link on Your site after such notice, then you will be considered
to have accepted the modifications. Any changes or additions to ClickBank's affiliate
program will also apply as soon as they are effective in the ClickBank affiliate
agreement, whether you have received notice of such changes or not.
13. Relationship of the Parties
You and Burn Belly Fat are independent contractors, and nothing in this Agreement
creates any partnership, joint venture, agency, franchise, sales representative
or employment relationship between you and Burn Belly Fat. You understand that You
do not have authority to make or accept any offers or make any representations or
warranties on behalf of Burn Belly Fat or related to Burn Belly Fat's website or
the Services.
14. Disclaimers
Burn Belly Fat MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM,
THE AFFILIATE LINKS OR ANY OTHER RIGHTS GRANTED OR INFORMATION EXCHANGED HEREUNDER.
YOU UNDERSTAND THAT THE OPERATION OF THE Burn Belly Fat SERVICE MAY NOT BE UNINTERRUPTED
OR ERROR FREE.
14.1 Program Earnings Disclaimer
Any earnings or income statements or examples mentioned on www.Burn-Belly-Fat.com or in emails sent on behalf of Burn
the Fat are only estimates. Where specific income figures are used, and attributed
to an individual or business, those persons or business have earned that amount.
Any and all claims or representations as to the income earnings of affiliates from
the Burn Belly Fat Program, are not to be considered as average earnings. There
can be no assurance that any prior successes, or past results, as to the income
earnings, can be used as an indication of your future success or results. Making
decisions based on any information presented in Burn Belly Fat's products, services,
or website, should be done only with the knowledge that you could experience losses,
or make no money at all. Use caution and seek the advice of qualified professionals.
Check with your accountant, lawyer or professional advisor, before acting on this
or any information. YOU AGREE THAT Burn Belly Fat IS NOT RESPONSIBLE FOR THE SUCCESS
OR FAILURE OF YOUR BUSINESS DECISIONS RELATING TO ANY INFORMATION PRESENTED BY Burn
Belly Fat, OR Burn Belly Fat'S PRODUCTS OR SERVICES.
15. Limitation of Liability
Burn Belly Fat WILL NOT BE LIABLE FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES
OR ANY OTHER INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING
OUT OF OR RELATED TO THIS AGREEMENT OR THE PROGRAM, EVEN IF Burn Belly Fat HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Burn Belly Fat'S AGGREGATE
LIABILITY ARISING UNDER THIS AGREEMENT WILL NOT EXCEED THE AMOUNT OF THE FEES PAID
TO YOU HEREUNDER IN THE SIX MONTHS PRECEDING THE LAST OF THE INCIDENT OR INCIDENTS
ALLEGEDLY GIVING RISE TO Burn Belly Fat'S LIABILITY. THE PROVISIONS OF THIS SECTION
WILL SURVIVE TERMINATION OF THE AGREEMENT.
16. Notices
All notices under this Agreement by Burn Belly Fat to You may be made by email sent
to the address provided on Your ClickBank online registration form, and will be
deemed given upon the sending of such email. All notices under this Agreement by
You to Burn Belly Fat must be made by both: (i) an email sent to
http://www.Burn-Belly-Fat.com/contact.aspx and (ii) a letter sent by regular
mail to Bradley Gatewood 11009 Symington Circle, Louisville, KY USA, and will be
deemed given upon the receipt of such letter by Burn Belly Fat.
17. Miscellaneous Provisions
(a) This Agreement will be governed and construed in accordance with the law of
the state of LOUISVILLE, KY, without regard to its conflict of law principles. WITH
THE EXCEPTION OF DISPUTES INVOLVING DOMAIN NAMES, YOU AGREE THAT ALL DISPUTES ARISING
UNDER OR RELATING TO THIS AGREEMENT OR THE PROGRAM SHALL BE SUBJECT TO BINDING ARBITRATION
BEFORE THE JUDICIAL ARBITRATION AND MEDIATION SERVICE (JAMS) IN HUDSON COUNTY, NEW
JERSEY, AND SHALL BE GOVERNED BY ITS STREAMLINED RULES. A JUDGMENT UPON THE AWARD
RENDERED BY THE JAMS ARBITRATOR, IF ANY, MAY BE ENTERED IN ANY COURT HAVING JURISDICTON
THEREOF. THIS PROVISION IS INTENDED TO BE AS BROAD AS POSSIBLE WITH RESPECT TO THE
NATURE OF "ALL" DISPUTES.
(b) FOR DISPUTES INVOLVING DOMAIN NAMES THAT YOU HAVE REGISTRED THAT CONTAIN ANY
TRADEMARK OR SERVICE MARK OF Burn Belly Fat, YOU AGREE THAT SUCH DISPUTES SHALL
BE LITIGATED IN A FEDERAL DISTRICT COURT IN LOUISVILLE, KY OR IN A JUDICIAL DISTRICT
WHERE EITHER THE DOMAIN REGISTRY OR DOMAIN REGISTRAR FOR THE DISPUTED DOMAIN IS
LOCATED. YOU HEREBY SUBMIT TO PERSONAL JURISDICTION AND VENUE IN SUCH FORUM. YOU
ACKNOWLEDGE THAT ANY DISPUTE INVOLVING Burn Belly Fat TRADEMARKS OR SERVICE MARKS
CONTAINED IN DOMAIN NAMES SHALL RESULT IN IRREPARABLE HARM TO Burn Belly Fat. YOU
ALSO AGREE TO PAY FOR ALL ATTORNEY FEES OF Burn Belly Fat RELATED TO A DISPUTE UNDER
THIS SECTION 17 (B).
(c) This is the entire Agreement between You and Burn Belly Fat with respect to
the Program. Except as specifically set forth, any modification to this Agreement
must be in writing and signed by both parties. You may not assign this Agreement,
by operation or law or otherwise, without Burn Belly Fat's prior written consent,
and any assignment in violation of this sentence will be null and void. 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.
Burn Belly Fat's failure to enforce Your strict performance of any provision of
this Agreement will not constitute a waiver of Burn Belly Fat's right to subsequently
enforce that provision, or any other provisions of this Agreement. The provisions
of this Section will survive termination of the Agreement.
Last Updated: July 2, 2008
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