6. Orator Learning’ Trademarks.
Affiliates are not permitted to use, copy, or reproduce any of Orator Learning’s trademarks or logos. Affiliates may not register any Orator Learning trademark or logo in any country and the same goes for any and all of Orator Learning’s intellectual property.
7. Complaint Notification. If an Affiliate receives a complaint regarding any of their advertisements then the Affiliate must inform Orator Learning within forty-eight (48) hours of receiving such complaint. Notice should be sent to email@example.com.
8. Independent Contractor. All Affiliates are independent contractors of Orator Learning. Affiliates are not employees of Orator Learning. It is the express understanding and objective of the Parties that no relationship of principal and agent shall exist between Orator Learning and You as it relates to this Agreement. You have no right to share in the profits or losses of Orator Learning. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts and/or omissions.
9. NO WARRANTY; NO LEADS. Orator Learning makes absolutely no promise that You will have business success, as it relates to income, sales, or brand-building. Orator Learning does not and will not provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. You are responsible for procuring and paying for any and all materials and resources necessary to operate as an Affiliate as You determine in Your sole discretion.
10. LIMITATION OF LIABILITY.
, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER ORATOR LEARNING HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE. IN NO EVENT SHALL ORATOR LEARNING’S LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO ORATOR LEARNING FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST ORATOR LEARNING OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAW.
As explained in Orator Learning’ Terms of Service, any controversy or claim arising out of or related to this Agreement or Your relationship with us that cannot be resolved through negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having jurisdiction thereof. The sections of the Terms of Service entitled “DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER,” “ORATOR LEARNING’ ADDITIONAL REMEDIES,” and “GOVERNING LAW AND VENUE” are expressly incorporated herein by reference. Please review the Terms of Service for more information.
12. Indemnity. You agree to protect, defend, indemnify, and hold harmless Orator Learning, its officers, directors, employees, and owner(s) and assigns from and against all claims, demands, and causes of action of every kind and character without limitation arising out of Your conduct, acts, or omissions related to Your application and/or performance of this Agreement including, but not limited to, any breach of this Agreement. Your indemnity obligation includes, but is not limited to, any third party claim against Orator Learning for liability or payments for damages caused by, or other liability relating to, You. This provision expressly survives the termination of this Agreement.
13. Severability. In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.
This Agreement and Orator Learning’s standard Terms of Service
may be modified by Orator Learning at any time, with or without prior notice to You. Amendments or modifications to this Agreement or the Terms of Service
will be binding on You when they are sent to You via email or are posted in the affiliate center. No amendment to this Agreement or the Terms of Service shall be valid unless prepared and/or executed by Orator Learning. Your continued acceptance of Commission payments constitutes Your acceptance to any modifications or amendments to this Agreement and the Terms of Service.