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This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the PKFR International Affiliate Program (the "Program").
1. ENROLLMENT IN THE PROGRAM
To begin the enrollment process, you will submit a complete Program application that is found below.
We will evaluate your application and will notify you of your acceptance or rejection withing (7) days.
We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program.
2. PROPERLY IDENTIFY YOURSELF AS A PKFR INTERNATIONAL AFFILIATE
We will make a personalized group logo that identifies you as an official PKFR International Affiliate. You can display the logo anywhere on the frontpage of your site.
You shall not create, publish, distribute, or permit any written material that makes reference to this Agreement or your participation in the Affiliate Program without first submitting such material to us and receiving our written consent. In addition, you may not in any manner misrepresent or overstate the relationship between us and you, represent your site (in either content or in graphic treatment) as pkfrinternational.com or a PKFR International site 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 Entertainment.com supports, sponsors or endorses your site).
3. LINKING TO PKFRINTERNATIONAL.COM
You must place a PKFR International Banner and Affiliate Banner visibly on the frontpage of your website so your visitors can see it without having to scroll. Choices for banner sizing is: 468x60, 392x72, 120x240, 234x60, 125x125, or 160x600. You will also have the option to display other PKFR International banners.
4. USE OF PKFR INTERNATIONAL NAME AND TRADEMARKS
As an affiliate of Entertainment.com, you may not use a Uniform Resource Locator (URL), which includes the word "PKFR International" or any variation thereof. In addition you may not use "PKFR", "pkfrinternational.com", "Sanjuu", "Sanjuu Ltd. Clothing", "Move, Flow, Live", "Engage, Visualize, Overcome", any trademark owned by PKFR International, nor any variation of the foregoing on your Web site, or in any other manner, directly or indirectly, to obtain search ranking or position.
5. LIMITED LICENSE
We grant you a nonexclusive, nontransferable, revocable right to use the logo and message described in Section 7 and other such images for which we grant express permission, solely for the purpose of identifying your site as an Affiliate Program participant and to assist in connecting parkour/freerun communities on a global scale. You may not modify the graphic image or message, or any other of our images, in any way. We reserve all of our rights in the graphic image and message, any other images, our trade names and trademarks, and all other intellectual property rights. We may revoke your license at any time by giving you written notice.
6. OBLIGATIONS CONCERNING 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. Such responsibilities include, but are not limited to:
The technical operation of your site and all related equipment, the accuracy and appropriateness of materials posted on your site (including, but not limited to, all pkfrinternational.com product-related materials),
ensuring that materials posted on your site do not violate or infringe upon the rights of any third party and are not libelous or otherwise illegal (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights), and complying with all applicable laws and regulations.
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.
7. TERMS OF AGREEMENT
The term of this Agreement will begin upon our acceptance of your Affiliate 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 (by regular mail or by email) of termination.
8. MODIFICATIONS
We may modify any of the terms and conditions contained in this Agreement at any time in our sole discretion. You will be notified by E-mail and a change notice will be posted on our site.
9. RELATIONSHIP OF PARTIES
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.
10. LIMITATION OF LIABILITY
We are not liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages.
11. GOVERNING LAW
This Agreement will be governed by the laws of the United States and the State of Pennsylvania, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Pennsylvania, and you irrevocably consent to the jurisdiction of such courts. 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 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 a provision or any other provision of this Agreement.
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