For Distraction-Free Writing
Your Documents & Your Permissions
When you use our Services, you provide us with things like your documents, content, and writings. These Terms don't give us any rights to use your documents, content, and writings, except for the limited rights that enable us to offer the Services.
We need your permission to do things like hosting your documents, content, and writings, backing it up, and sharing it when you ask us to. These access, store and scan your documents, content, and writings. You give us permission to do those things, and this permission extends to trusted third parties we work with.
Sharing Your Documents
Our Services let you share your documents with others, so please think carefully about what you share.
You're responsible for your conduct, your documents, content, and writings, and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others' intellectual property rights. Please don't copy or share content unless you have the right to do so.
We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Please safeguard your password to the Services, make sure that others don't have access to it, and keep your account information current.
Our Services allow you to download client software ("Software") which may update automatically. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we'll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don't grant you any right, title or interest in the Services, others' content in the Services, Write! trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Retro United Ltd.
18/2 Royston Mains Street
Billing. You can add paid features to your account (turn your account into a "Paid Account") after the free 30-days end, or continue using the free version of the Services. We will not convert your account to a Paid Account automatically and will not bill you until you make the payment manually. You're responsible for all applicable taxes, and we'll charge tax when required to do so.
Refunds. You may cancel your Write! Paid Account at any time and ask for a refund if it is applicable.
Changes. We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with these Terms, or use the Services in a manner that would cause us legal liability, disrupt the Services or disrupt others' use of the Services. We'll of course provide you with notice via the email address associated with your account before we do so.
Services "AS IS"
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, WRITE! AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states don't allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WRITE!, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT WRITE! HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF $20 OR THE AMOUNTS PAID BY YOU TO WRITE! FOR THE PAST 12 MONTHS OF THE SERVICES IN QUESTION. Some states don't allow the types of limitations in this paragraph, so they may not apply to you.
These Terms constitute the entire agreement between you and Retro United Ltd. with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms.These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Write!'s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Retro United Ltd. may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, sending a message to the email address associated with your account, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.
What do we mean by "personal information?"
For us, "personal information" means information which identifies you, like your name, email address, or activities you do with Write!. Any information that falls outside of this is "non-personal information." If we store your personal information with information that is non-personal, we will consider the combination as personal information. If we remove all personal information from a set of data then the remaining is non-personal information.
How do we learn information about you?
We learn information about you when:
You give it to us directly (e.g., when you write to our UserVoice or the contact us form);
We collect it automatically through Write! beta users (e.g., when Write! crashes, it automatically sends crash reports to our servers, including the information about your PC's state at the moment of crash);
You create an account, providing us with your email address.
Notice that we DO NOT collect any information from the app itself. We do not read your texts and do not share them with third parties. Your texts are encrypted and untouchable.
What do we do with your information once we have it?
When you give us information, we will use it in the ways for which you've given us permission. Generally, we use your information to help us provide and improve our application for you.
What Data We Collect From You
We collect IP addresses, cookie identifiers, website activity, and email addresses.
How We Use This Data
By visiting our web-site, third parties may place cookies on your browsers for targeted advertising purposes;
This data may be used by third parties to target advertising on other sites based on your online activity.
In order to opt out of receiving targeted advertising, read the instructions at the DAA opt-out site www.aboutads.info.
How do we store and protect your personal information?
We are committed to protecting your personal information once we have it. We implement physical, business and technical security measures. Despite our efforts, if we learn of a security breach, we'll notify you so that you can take appropriate protective steps. We also don't want your personal information for any longer than we need it, so we only keep it long enough to do what we collected it for. Once we don't need it, we take steps to destroy it.
We may need to change this policy and our notices. The updates will be posted online. If the changes are substantive, we will announce the update through Write!'s usual channels for such announcements such as blog posts or social media accounts. Your continued use of the product after the effective date of such changes constitutes your acceptance of such changes.
Have questions or concerns about Write!, our Services and privacy? Contact us at firstname.lastname@example.org
Write! Affiliate Program Terms and Conditions
This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between Retro United Ltd. (registered in Edinburgh) ("Write!", "Writeapp.co" or "we"), and you, ("you" or "the Affiliate") the party submitting an application to become a Writeapp.co affiliate). The terms and conditions contained in this Agreement apply to your participation with `Write! ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by Write! or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
1. Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
2. Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Writeapp.co agrees as follows:
I. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
II. We will pay the Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by Writeapp.co and (v) is not later determined by Writeapp.co to be fraudulent, incomplete, unqualified or a duplicate.
III. We will pay you any Commissions earned monthly, provided that your account is currently greater than $20. Accounts with a balance of less than $20 will roll over to the next month, and will continue to roll over monthly until $20 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
IV. Payment for Commissions is dependent upon Clients providing such funds to Writeapp.co, and therefore, you agree that Writeapp.co shall only be liable to you for Commissions to the extent that Writeapp.co has received such funds from the Clients. You hereby release Writeapp.co from any claim for Commissions if Writeapp.co has not received such funds from the Clients.
V. If the Affiliate has an outstanding balance due to Writeapp.co under this Agreement or any other agreement between the Affiliate and Writeapp.co, whether or not related to the Affiliate Program, the Affiliate agrees that Writeapp.co may offset any such amounts due to Writeapp.co from amounts payable to the Affiliate under this Agreement.
The Affiliate also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Writeapp.co informs you that it considers objectionable (collectively, "Objectionable Content").
Not make any representations, warranties or other statements concerning Writeapp.co or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Writeapp.co or Clients or a part of the Program Web Site, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by the Affiliate in connection with the the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Writeapp.co or Client, or as required by applicable laws regarding such Offers.
Make sure to not place Writeapp.co ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Writeapp.co in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). The Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. The Affilate agrees to maintain its Network according to the highest industry standards. The Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with The Affiliate. The Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. The Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to Writeapp.co the identity and contact information for such Third Party Affiliate. The Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of Writeapp.co in the Network upon written notice from Writeapp.co. Unless Writeapp.co has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Writeapp.co, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
3. Trademark Policy
You may not use the Trademarked names Write! and Writeapp.co in any manner, including keyword bidding on search engines or any variation or misspellings thereof, in metatags or to direct traffic to any website other than our site. You may not use Write! and Writeapp.co in any manner or any variation or misspellings in your domain name.
4. Trademark / Keyword Bidding RuleProposals
You may not bid on any keyword or keyword string on any Pay per Click Search Engines (PPCSEs) where such keyword or keywords string is, or includes, one of our Trademarks (see the list of protected SEM bidding keywords below): Write!, Write! app, writeapp.co. In order to bid on brand term-discount term concatenations (i.e. Write! coupon, Write! discount, Write! deal, and variations thereof), you must obtain written consent from Write!'s affiliate marketing team.
Except as otherwise provided in this Agreement or with the consent of Writeapp.co, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. The Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
6. Limited License & Intellectual Property
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site. You may not alter, modify, manipulate or create derivative works of the Links or any Writeapp.co graphics, creative, copy or other materials owned by, or licensed to, Writeapp.co in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Writeapp.co's trademarks, service marks, copyrights, patents or trade secrets. You agree that Writeapp.co may use any suggestion, comment or recommendation you choose to provide to Writeapp.co without compensation. All rights not expressly granted in this Agreement are reserved by Writeapp.co.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Writeapp.co or Client intellectual property, and will cease representing yourself as a Writeapp.co or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement Writeapp.co reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Writeapp.co determines that you have violated this Agreement, (ii) Writeapp.co receives any complaints about your participation in the Affiliate Program which Writeapp.co reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Writeapp.co reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
9. Anti-Spam Policy
You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to Writeapp.co for approval by sending it to your Writeapp.co representative and upon receiving written approval from Writeapp.co of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon Writeapp.co's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon Writeapp.co's approval.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Writeapp.co shall make all determinations about fraudulent activity in its sole discretion.
11. Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Writeapp.co represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Writeapp.co's own business operations or Writeapp.co's proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Writeapp.co may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. The Affiliate agrees to promptly implement any request from Writeapp.co to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
13. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
14. Mutual Indemnification
The Affiliate hereby agrees to indemnify, defend and hold harmless Writeapp.co and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by the Affiliate herein, (ii) any misuse by the Affiliate, or by a party under the reasonable control of the Affiliate or obtaining access through the Affiliate, of the Links, Offers or Writeapp.co or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links). Writeapp.co hereby agrees to indemnify, defend and hold harmless the Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that Writeapp.co is not authorized to provide you with the Links.
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, WRITEAPP.CO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WRITEAPP.CO DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. WRITEAPP.CO EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. WRITEAPP.CO DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
16. Limitation of Liability
IN NO EVENT SHALL WRITEAPP.CO BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF WRITEAPP.CO. IN NO EVENT WILL WRITEAPP.CO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WRITEAPP.CO HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. WRITEAPP.CO'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY WRITEAPP.CO IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
17. Governing Law & Miscellaneous
The Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Writeapp.co to enforce the terms of this Agreement. This Agreement contains the entire agreement between Writeapp.co and the Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. The Affiliate agrees that Writeapp.co shall not be subject to or bound by any insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Writeapp.co "clicks through" or otherwise indicates its acceptance thereof. The Affiliate may not assign all or any part of this Agreement without Writeapp.co's prior written consent. Writeapp.co may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement.