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Terms & conditions

Seen
On TV, LLC. - Operating Agreement Sales Affiliate Program
Updated: March 5, 2010
This Agreement contains the complete terms and conditions that apply to
an individual's or entity's participation in the Seen On TV, LLC. Sales
Affiliate Program (the "Program"). As used in this Agreement, "we",
"us", or "our" means Seen On TV, LLC. or any of our affiliate
companies, as the case may be, and "you" means the applicant.
â€œSeen On TV Siteâ€
means, collectively, the AsSeenOnTV.com website which has its primary
home pages identified by the URLâ€™s
www.AsSeenOnTV.com and www.SeenOnTV.com.
â€œYour site" means any site that you will
link to the Seen On TV Site (and which you will identify in your
Program application). Save for our obligation to pay fees under Section
4, which may be performed solely by us, we may cause any of our
obligations under this Agreement to be fulfilled by any of our
Associates (defined below), on our behalf. 1. Enrollment in the Program
To begin the enrollment process, you will submit a complete Program
application via the Seen On TV Site. We will evaluate your application
in good faith and will notify you of its acceptance or rejection. We
may reject your application if we determine (in our sole discretion)
that your site is unsuitable for the Program. Unsuitable sites include,
but are not limited to, those that: â€¢
promote sexually explicit materials â€¢
promote violence â€¢ promote discrimination
based on race, sex, religion, nationality, disability, sexual
orientation, or age â€¢ promote illegal
activities â€¢ include "AsSeenOnTV.com" any
other trademark of Seen On TV, LLC. or associates, or variations or
misspellings of any of them, in their URLs to the left of the top-level
domain name (e.g., ".com", ".net", ".uk", etc.) -- for example, a URL
such as "AsSeenOnTV.mydomain.com", or "AsSeenOnTVauctions.net", may be
unsuitable.
â€¢ otherwise violate intellectual property
rights
â€¢ may be detrimental to the suppliers or
associates of Seen On TV. LLC.
By participating in the Program you agree that you will not engage in
any such activities. If we reject your application, you are welcome to
reapply to the Program at any time. You should also note that if we
accept your application and your site is thereafter determined (in our
sole discretion) to be unsuitable for the Program, we may terminate
this Agreement. Participation in the Program is limited to parties that
lawfully can enter into and form contracts under applicable law. For
example, minors are not allowed to participate in the Program. In
addition, if you are a resident of North Carolina or Rhode Island you
will not be eligible to participate in the Program or otherwise earn
referral fees. If, at any time following your enrollment in the Program
you become a resident of North Carolina or Rhode Island, you will
become ineligible to participate in the Program and you must notify us
in writing. In such case, this Agreement will automatically terminate
on the date you establish residency in North Carolina or Rhode Island.
From time to time other states maybe included in this prohibition.
2. Links on Your Site Once you have been notified that your site has
been accepted into the Program, we grant you a revocable,
non-exclusive, worldwide, royalty-free license for the duration of the
term of this Agreement, solely for purposes of facilitating referrals
from your site to the Seen On TV Site, to provide on your site one or
more of the following types of links to www.AsSeenOnTV.com: Product
Links: You may select one or more Products to list on your site using a
variety of formats that we make available to you, such as text link
format, graphical link format, customizable "widget" format, or
"product preview" link format. A "Product" is any product listed on the
Seen On TV Site that is fulfilled by us or on our behalf, a Digital
Product (defined below), or any product sold by a third party seller on
the Seen On TV Site other than: (a) the products listed on this page;
(b) products or services sold by a third party through a site linked to
or from the Seen On TV Site; and (c) any wireless service plan offered
through the Seen On TV Site and not sold and fulfilled by us. For each
selected Product, you will display on your site a short description,
review, or other reference. You will be responsible for the content,
style, and placement of these references. You will provide a Special
Link (as defined below) from each Product reference on your site to the
corresponding Seen On TV Site online catalog entry. Each such link will
connect directly to a single item in our online catalog. You may add or
delete Products (and related links) from your site at any time without
our approval. You may not use Special Links to link to the Seen On TV
Site from references to products on your site that are not "Products"
as defined above. Search Box Link: You may provide an Seen On TV Site
search box on your site that will permit your site visitors to view
Products that are the results of their search query within the Search
Box link or view results that link directly to a page on the Seen On TV
Site that contains the results of their search query. We will provide
you with technical specifications describing how to include a Seen On
TV Site search box on your site. General Link to Seen On TV Site Home
Page: You may provide a general link on your site to the home page of
the Seen On TV Site. Seen On TV Recommends Link: If your site qualifies
(as determined by us in our sole discretion), you may place a Seen On
TV Recommends link on your site to enable Seen On TV to serve
recommended content based on your site's specialty or sales history
directly to visitors to your site. Search Results Link: You may provide
a link on your site that will link to a particular search result on the
Seen On TV Site, the parameters of which will be determined by you
based on search generating alternatives we make available to you. Any
Page Link: You may provide a link on your site that will link to any
particular page on the Seen On TV Site, provided that you properly use
the special link formats provided on the Seen On TV Site as part of the
Program to create such link. We will provide you with guidelines and
graphical artwork to use in linking to the Seen On TV Site home page.
To permit accurate tracking, reporting, and referral fee accrual, we
will provide you with special "tagged" link formats to be used in all
links between your site and the Seen On TV Site (and for purposes of
this Agreement, the browser window described above that opens upon a
user's clicking on a Quick-Click link is deemed a part of the Seen On
TV Site, and any Quick-Click link is deemed a link between your site
and the Seen On TV Site). You must ensure that each of the links
between your site and the Seen On TV Site properly utilizes such
special link formats. Links to the Seen On TV Site placed on your site
pursuant to this Agreement and which properly utilize such special link
formats are referred to as "Special Links." You will earn referral fees
only with respect to activity on the Seen On TV Site occurring directly
through Special Links; we will not be liable to you with respect to any
failure by you to use Special Links, including to the extent that such
failure may result in any reduction of amounts that would otherwise be
paid to you pursuant to this Agreement. You acknowledge that, by
participating in the Associates Program and placing any of the above
links within your site, we may receive information from or about
visitors to your site or communications between your site and those
visitors. Your participation in the Program constitutes your specific
and unconditional consent to and authorization for our access to,
receipt, storage, use, and disclosure of any and all such information,
consistent with the policies and procedures set forth in the Privacy
Notice on the Seen On TV Site. Except for the license granted under
this Section 2, you do not obtain any rights under this Agreement in
any intellectual property, including, without limitation, any
intellectual property with respect to the Special Links, link formats,
technical specifications, guidelines or graphical artwork referenced
above, or with respect to the Seen On TV Site. You also acknowledge
that we (and our corporate associates) may crawl or otherwise monitor
your site for the purpose of ensuring the quality and reliability of
Special Links on your site (for example, to detect links that are
broken or non-functional, links to products that are out of stock or
otherwise unavailable, etc.). Therefore, you agree that we and our
corporate affiliates may take such actions and that you will not seek
to block or otherwise interfere with such crawling or monitoring (and
that we and our corporate affiliates may use technical means to
overcome any methods used on your site to block or interfere with such
crawling or monitoring). You also acknowledge that as a participant in
the Program, we may from time to time send you email updates about the
Program. By participating in the Program, you consent to our sending
you these email updates. Further, you acknowledge and agree that you
will: (a) not, in connection with this Agreement, display or reference
on your site, any trademark or logo of any third party seller on the
Seen On TV Site; (b) ensure that any
â€œPrivacy
Informationâ€ link or Seen On TV trademark (either
in logo or text form) that we include in a Special Link is not obscured
or altered in any way or made invisible, illegible or indecipherable to
visitors of your site; (c) use any data, images, text, or other
information obtained by you from us or the Seen On TV Site in
connection with this Agreement ("Content") only in a lawful manner and
only in accordance with the terms of this Agreement; (d) not use any
Content relating to any Excluded Merchant or any product sold by any
Excluded Merchant; (e) not modify or alter any Content that consists of
a graphic image, other than to resize it; (f) not edit any Content that
consists of text, other than to shorten its length; (g) not sell,
redistribute, sublicense or transfer any Content; (h) not use any
Content in a manner intended to send sales to any site other than the
Seen On TV Site; (i) promptly delete any Content that is no longer
displayed on the Seen On TV Site or that we notify you is no longer
available for your use and (j) not use any Content, including any name
or likeness embodied therein, in a manner (e.g., a closely proximate
placement to unrelated third party materials) that implies a person's
or company's endorsement or sponsorship of, or commercial tie-in or
other association with, any product, service, party or cause. 3. Order
Processing We or one of our associates will process Product orders
placed by customers who follow Special Links from your site to the Seen
On TV Site. We reserve the right to reject orders that do not comply
with any requirements that we periodically may establish. We will be
responsible for all aspects of order processing and fulfillment. Among
other things, we will prepare order forms, process payments,
cancellations, and returns, and handle customer service. We will track
sales made to customers who purchase Products by using Special Links
from your site to the Seen On TV Site and will make available to you
reports summarizing this sales activity. The form, content, and
frequency of the reports may vary from time to time in our discretion.
4. Referral Fees We will pay you (in accordance with Sections 5 and 6
below) referral fees on certain Product sales. For a Product sale to be
eligible to earn a referral fee, the customer must click-through a
Special Link on your site to the Seen On TV Site and during a single
session, add the Product to his or her shopping cart or via transfer to
the shopping cart of one of our associates other than selected banner
ads. The session begins when the customer clicks through a Special Link
on your site to the Seen On TV Site and ends upon the first to occur of
the following events: (a) 24 hours elapses from the customer's initial
click-through, (b) the customer places an order for a Product that is
not a Digital Product, or (c) the customer follows a third party link
to the Seen On TV Site that is formatted with an
Associateâ€™s tag. We will only pay
referral fees on eligible Products after order, payment, and shipping
or, in the case of Digital Products, digital fulfillment have occurred.
To permit accurate tracking, reporting and fee accrual, you must ensure
that the Special Links between your site and the Seen On TV Site are
properly formatted. We will not be liable for paying referral fees on
purchases that are not correctly tracked and reported because the links
between your site and the Seen On TV Site are not properly formatted.
We will not, however, pay referral fees on any Products that are added
to a customer's Shopping Cart or the Seen On TV Site (other than
through a Special Link from your site), as determined by us, even if
the customer previously followed a link from your site to the Seen On
TV Site. In addition, gift cards that are not redeemable on the Seen On
TV site are not eligible to earn referral fees. In addition, we will
not pay referral fees for any purchases made by customers referred to
us through Special Links generated or displayed in response to general
Internet search queries or keywords. For avoidance of doubt, the Search
Box Link, which searches the Seen On TV Product catalog, or searches of
product databases that include Seen On TV Products, such as shopping
comparison engines, are still eligible for referral fees. You may not
purchase products during sessions initiated through the links on your
site for your own use, for resale or commercial use of any kind. This
includes orders for customers or on behalf of customers or orders for
products to be used by you or your friends, relatives, or associates in
any manner. Such purchases may result (in our sole discretion) in the
withholding of referral fees and/or the termination of this Agreement.
Products that are eligible to earn referral fees under the rules set
forth above are referred to as "Qualifying Products" unless those
Products are purchased by a customer referred to the Seen On TV Site
through paid search advertisements that are prohibited under this
Agreement or Special Links that are otherwise generated or displayed in
response to a general Internet search query or keyword, in which case
those Products are not Qualifying Products and are not eligible to earn
referral fees. In addition, you may not: (a) directly or indirectly
offer any person or entity any consideration or incentive (including,
without limitation, payment of money (including any rebate), or
granting of any discount or other benefit) for using Special Links on
your site to access the Seen On TV Site (e.g., by implementing any
"rewards" program for persons or entities who use Special Links on your
site to access the Seen On TV Site); (b) read, intercept, record,
redirect, interpret, or fill in the contents of any electronic form or
other materials submitted to us by any person or entity; (c) in any way
modify, redirect, suppress, or substitute the operation of any button,
link, or other interactive feature of the Seen On TV Site; (d) make any
orders or subscription requests, or engage in other transactions of any
kind on the Seen On TV Site on behalf of any third party, or authorize,
assist, or encourage any other person or entity to do so; (e) take any
action that could reasonably cause any customer confusion as to our
relationship with you, or as to the site on which any functions or
transactions (e.g., search, order, browse, and so on) are occurring;
(f) other than providing Special Links on your site in accordance with
this Agreement, post or serve any advertisements or promotional content
promoting the Seen On TV Site or otherwise around or in conjunction
with the display of the Seen On TV Site (e.g., through any "framing"
technique or technology or pop-up or pop-under windows), or assist,
authorize, or encourage any third party to take any such action; (g)
attempt to circumvent the referral fee schedule or artificially
increase your referral fees (e.g. by intentionally featuring,
purchasing or requesting or encouraging any third party to purchase
low-price items offered on the Seen On TV Site (as determined by us)
for the purpose of exceeding any referral fee threshold or by causing
any page of the Seen On TV Site to open in a customer's browser other
than as a result of the customer clicking on a Special Link on your
site); (h) attempt to intercept or re-direct (including, without
limitation, via user-installed software) traffic from or on, or divert
referral fees from, any web site that participates in the Program; (i)
use any Content or Special Link in connection with any handheld,
mobile, or mobile phone application without our prior written approval;
or (j) seek to purchase or register any keywords, search terms or other
identifiers that include the words "Seen On TV," "As Seen On
TVâ€ ("Proprietary Terms") for use in any search
engine, portal, sponsored advertising service or other search or
referral service. From time to time we may request that you cause any
applicable Web search provider to exclude Proprietary Terms from
keywords used to display your advertising content in association with
search results, assuming the provider of such Web search engine offers
such exclusion capabilities. In addition, if you bid on or purchase
keywords or otherwise participate in keyword auctions on Google, Yahoo,
MSN, or any of the sites that participate in their respective search
networks (e.g., AOL, Ask.com, etc.), the paid search advertisements you
purchase may not send users directly to the Seen On TV Site or
indirectly to the Seen On TV Site via automatic redirection from a site
other than the Seen On TV Site (i.e., without a click or other
affirmative act by the user on that intermediate site). However,
nothing in this Agreement prohibits you from purchasing paid search
advertisements to send users to your site and then, when the user
affirmatively clicks on a Special Link on your site to the Seen On TV
Site, directing that user to the Seen On TV Site. If we determine, in
our sole discretion, that you have engaged in any of the foregoing
activities or, as the case may be, refused promptly to comply with a
request from us to exclude Proprietary Terms from any keyword as
mentioned above, we may (without limiting any other rights or remedies
available to us) withhold any referral fees otherwise payable to you
under this Agreement and/or terminate this Agreement. 5. Referral Fee
Schedule During each calendar month, for Qualifying Products sold
during sessions initiated through Special Links on your site, you will
earn (subject to the other terms of this Agreement) referral fees.
Subject to the other terms of this Agreement, you will earn referral
fees on each qualifying sale in accordance with the Affiliates
Compensation Table a sample of which can be reached by
http://affiliate.asseenontv.com/affiliates/affpayout.html. The
definitive schedule is part of the banner and campaign promotions
listed in the Affiliate web interface.
6. Referral Fee Payment We will pay you referral fees on a monthly
basis for Qualifying Products shipped in the applicable month.
Approximately 60 days following the end of each calendar month, we will
either (a) send you a check for the referral fees earned, (b) send you
a gift card good for purchase of Products through the Seen On TV.com
site, subject to our standard terms or conditions, or (c) directly
deposit the referral fees earned into PayPal Account. If you want us to
use this method of payment, please note that you will have to provide
us with appropriate information. Which ever method of payment selected,
we will make payment when your account exceeds $300 or the amount you
select as your minimum payment amount at the time of your applying as
an Affiliate. If you select payment via check, we will deduct a
processing fee in the amount of $15.00 from the referral fees payable
to you for each check we send. No processing fee will be deducted if
you select payment via Seen On TV site gift card or direct deposit. If
you have not earned any referral fees in the three years prior to any
given calendar month, then we reserve the right to charge you on the
first day of such calendar month an account maintenance fee in an
amount up to $10 per year for each year. The account maintenance fee
charged will be deducted from your unpaid accrued referral fees, and
will be equal to the lesser of $10 or the amount of unpaid accrued
referral fees in your account. We are obligated by U.S. federal law to
obtain tax information from Program participants who are U.S. citizens,
U.S. residents or U.S. corporations and from Program participants who
are not U.S. citizens or residents but whose businesses are taxable in
the U.S. If we believe you are a Program participant from whom we are
obligated to obtain tax information and you do not provide this
information to us after we have requested it, we may withhold your
referral fee payments until you provide this information or otherwise
satisfy us that you are not a person from whom we are required to
obtain tax information. 7. Policies and Pricing Customers who buy
products through this Program will be deemed to be our customers.
Accordingly, all of our rules, policies, and operating procedures
concerning customer orders, customer service, and product sales will
apply to those customers. We may change our policies and operating
procedures at any time. For example, we will determine the prices to be
charged for products sold under this Program in accordance with our own
pricing policies. Product prices and availability may vary from time to
time. Because price changes may affect Products that you have listed on
your site, your site may only show prices when we serve the link in
which those prices are displayed. In addition, if you choose to display
prices for any Product on your site in any "comparison" format
(including through the use of any price-comparison tool or engine)
together with prices for the same or similar products offered through
any web site or other outlet other than the Seen On TV Site, you must
display both the lowest "new" price and, if we provide it to you, the
lowest "used" price at which the Product is available on the Seen On TV
Site. You may not otherwise include price information in your Product
descriptions. We will use commercially reasonable efforts to present
accurate information, but we cannot guarantee the availability or price
of any particular product. 8. Identifying Yourself as an Associate You
may not issue any press release with respect to this Agreement or your
participation in the Program; such action may result in your
termination from the Program. We will make available to you a small
graphic image that identifies your site as a Program participant. You
must display this logo or the phrase "In association with Seen On TV,
LLC." somewhere on your site. We may modify the text or graphic image
of this notice from time to time. In addition, you may not in any
manner misrepresent or embellish the relationship between us and you,
or express or imply any relationship or affiliation between us and you
or any other person or entity except as expressly permitted by this
Agreement (including by expressing or implying that we support,
sponsor, endorse, or contribute money to any charity or other cause).
9. Limited License We grant you a nonexclusive, revocable right to use
the graphic image and text described in Section 8 and such other text
or images for which we grant express permission, solely for the purpose
of identifying your site as a Program participant and to assist in
generating Product sales. You may not use such image or text in an
offline promotion or other offline manner (e.g., in any printed
material, mailing or other document). You may not modify the graphic
image or text, or any other of our images, in any way. We reserve all
of our rights in the graphic image and text, any other images, our or
our vendors trade names and trademarks, and all other intellectual
property rights. We may revoke your license at any time by giving you
written notice. 10. Responsibility for Your Site You will be solely
responsible for the development, operation, and maintenance of your
site and for all materials that appear on your site. For example, you
will be solely responsible for: â€¢ the
technical operation of your site and all related equipment
â€¢ ensuring the display of Special Links
on your site does not violate any agreement between you and any third
party (including without limitation any restrictions or requirements
placed on you by a third party that hosts your site)
â€¢ creating and posting Product
descriptions on your site and linking those descriptions to the Seen On
TV Site catalog â€¢ the accuracy and
appropriateness of materials posted on your site (including, among
other things, all Product-related materials and any information you
include within or associate with Special Links)
â€¢ ensuring that materials posted on your
site do not violate or infringe upon the rights of any third party
(including, for example, copyrights, trademarks, privacy, or other
personal or proprietary rights) â€¢
ensuring that materials posted on your site are not libelous or
otherwise illegal â€¢ ensuring that your
site accurately and adequately discloses, either through a privacy
policy or otherwise, how you collect, use, store, and disclose data
collected from visitors, including, where applicable, that third
parties (including advertisers) may serve content and/or advertisements
and collect information directly from visitors and may place or
recognize cookies on visitors' browsers. We disclaim all liability for
these matters. Further, you will indemnify and hold us harmless from
all claims, damages, and expenses (including, without limitation,
attorneys' fees) relating to the development, operation, maintenance,
and contents of your site. 11. Compliance with Laws As a condition to
your participation in the Program, you agree that while you are a
Program participant you will comply with all laws, ordinances, rules,
regulations, orders, licenses, permits, judgments, decisions or other
requirements of any governmental authority that has jurisdiction over
you, whether those laws, etc. are now in effect or later come into
effect during the time you are a Program participant. Without limiting
the foregoing obligation, you agree that as a condition of your
participation in the Program you will comply with all applicable laws
(federal, state or otherwise) that govern marketing email, including
without limitation, the CAN-SPAM Act of 2003 and all other anti-spam
laws. 12. Term of the Agreement The term of this Agreement will begin
upon our acceptance of your Program application and will end when
terminated by either party. Either you or we may terminate this
Agreement at any time, with or without cause, by giving the other party
written notice of termination. Upon the termination of this Agreement
for any reason, you will immediately cease use of, and remove from your
site, all links to the Seen On TV Site, and all of our trademarks,
trade dress, and logos, and all other materials provided by or on
behalf of us to you pursuant hereto or in connection with the Program.
You are eligible to earn referral fees only on sales of Qualifying
Products that occur during the term, and referral fees earned through
the date of termination will remain payable only if the related orders
are not canceled or returned. We may withhold your final payment for a
reasonable time to ensure that the correct amount is paid. 13.
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 the Seen On TV Site. Modifications
may include, for example, changes in the scope of available referral
fees, referral fee schedules, payment procedures, and Program rules. IF
ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO
TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM
FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THE SEEN
ON TV SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE. 14.
Relationship of Parties You and we are independent contractors, and
nothing in this Agreement will create any partnership, joint venture,
agency, franchise, sales representative, or employment relationship
between the parties. You will have no authority to make or accept any
offers or representations on our behalf. You will not make any
statement, whether on your site or otherwise, that reasonably would
contradict anything in this Section. 15. Limitation of Liability We
will not be liable for indirect, special, or consequential damages (or
any loss of revenue, profits, or data) arising in connection with this
Agreement or the Program, even if we have been advised of the
possibility of such damages. Further, our aggregate liability arising
with respect to this Agreement and the Program will not exceed the
total referral fees paid or payable to you under this Agreement. 16.
Disclaimers We make no express or implied warranties or representations
with respect to the Program or any products sold through the Program
(including, without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage). In addition, we make no
representation that the operation of the Seen On TV Site will be
uninterrupted or error-free, and we will not be liable for the
consequences of any interruptions or errors. 17. Independent
Investigation 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 OR OPERATE WEB
SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. 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. 18. Arbitration
Any dispute relating in any way to this Agreement (including any actual
or alleged breach hereof), any transactions or activities under this
Agreement or your relationship with us or any of our affiliates shall
be submitted to confidential arbitration in Carson City, Nevada, except
that, to the extent you have in any manner violated or threatened to
violate our intellectual property rights, we may seek injunctive or
other appropriate relief in any state or federal court in the state of
Nevada (and you consent to non-exclusive jurisdiction and venue in such
courts) or any other court of competent jurisdiction. Arbitration under
this agreement shall be conducted under the rules then prevailing of
the American Arbitration Association. The arbitrator's award shall be
binding and may be entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by applicable law, no
arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through
class arbitration proceedings or otherwise. 19. Miscellaneous This
Agreement will be governed by the laws of the United States and the
state of Nevada, without reference to rules governing choice of laws.
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. Our failure to enforce your strict performance of any
provision of this Agreement will not constitute a waiver of our right
to subsequently enforce such provision or any other provision of this
Agreement.

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