By
signing up as an affiliate with TritonHealth.com, you agree
to the following Terms of Service.
This agreement is by and between Triton Health Products, Inc and/or
their assigns and all subscribers. Unless the context requires
otherwise, Triton Health Products, Inc and/or their assigns shall
be referred to as "us, we, or our" and you shall be referred
to as "you, your or subscriber."
You understand that Triton Health Products, Inc and/or their
assigns does not guarantee or predict any type of profit or response
from said services. Subscriber agrees to hold Triton Health Products,
Inc harmless from and against any and all losses, claims, expenses,
suits, damages, costs, demands or liabilities, joint or several,
of whatever kind or nature which Triton Health Products, Inc.
and/or their assigns may become subject arising out of or relating
in any way to the use of the services provided under this agreement,
including, without limitation, in each case attorneys'' fees,
costs and expenses actually incurred in defending against or
enforcing any such losses, claims, expenses, suits, damages or
liabilities.
A. Services to be Provided. We agree to pay you certain commissions
as described on our website for referral sales made by customers.
B. Termination. We may terminate your account:
(a) if you violate our Terms Of Service Policy; (b) promote
TritonHealth.com in a manner that is unethical or inappropriate;
or (c) for any reason, in our sole discretion.
C. No Warranties. WE MAKE NO WARRANTIES TO YOU OF ANY KIND,
EXPRESSED OR IMPLIED, WITH RESPECT TO THE SERVICE TritonHealth.com
, ITS SUBCONTRACTORS AND AFFILIATES PROVIDE YOU. WE EXPRESSLY
DISCLAIM ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF
THIS SERVICE FOR A PARTICULAR PURPOSE. We shall not be liable
for any damages suffered by you, whether indirect, special, incidental,
exemplary, or consequential, including, by not limited to, loss
of data or service interruptions, regardless of cause or fault.
We are not responsible for your lost profits or for your loss
of data or information. If notwithstanding this clause we are
held liable to you.
D. TERMS. You agree: (1) to use our system in a manner that
is ethical and in conformity with community standards; (2) to
respect the privacy of other users (you shall not intentionally
seek data or passwords belonging to other users, nor will you
modify files or represent yourself as another user unless explicitly
authorized to do so by that user); (3) to respect the legal protection
provided by copyright law, trade secret law, or other laws protecting
intellectual property. 4) to accept commercial emails from us.
If we learn of a violation or likely violation of our TERMS
OF SERVICE, we will attempt to notify you. If you do not take
immediate remedial action which is satisfactory to us, or in
the event of a serious violation of the TERMS OF SERVICE, we
reserve the right to terminate your account immediately. Every
effort will be made to inform you prior to account termination,
and to re-establish your account upon receiving such representations
from you as we deem appropriate in the circumstances.
YOUR SERVICE WILL BE TERMINATED IMMEDIATELY AND WITHOUT WARNING
SHOULD YOU USE OUR SYSTEM AS PART OF ANY BULK EMAIL CAMPAIGN.
You may also be subject to fines and legal actions as a result
of your bulk email promotion..
E. Assignment. This agreement is personal to you. You may not
assign your rights under this agreement without our prior written
consent. If you do assign your rights, as would be the case were
someone other than you to use your account, you shall remain
liable to us for any fees due under this agreement. We may assign
this agreement at any time.
F. Change of Terms and Conditions. We reserve the right to change
the terms and conditions of this agreement as needed. Use of
our servers by you after said changes constitutes acceptance
of those new terms and conditions. If you do not agree to the
new terms and conditions, you may terminate this agreement in
accordance with Section B.
G. Notification of Account Changes. You agree to provide us
with such other information relating to your use of this service
as we deem necessary or desirable. You agree to notify us if
your address, email address, telephone number, billing information
changes.
H. Notices. All notices, requests, demands, and other communications
under this agreement shall be in writing and shall be deemed
to have been given on the date of delivery: if delivered personally
to the party to whom notice is to be given; if sent by electronic
mail with a cc: to sender; if sent by fax; or on the third day
after mailing by first class mail.
I. General Provisions. The subject headings of the articles
and sections are for convenience only, and shall not affect the
construction or interpretation of any of its provisions. If any
portion of this agreement is found invalid or unenforceable,
that portion shall be severed and the remainder of this agreement
shall remain in force. This agreement constitutes the entire
agreement between us pertaining to its subject matter and supersedes
all of our prior agreements, representations, and understandings.
Subject to Section I, no supplement, modification, or amendment
of this agreement shall be binding unless executed in writing
by both parties. No waiver of any of the provisions of this agreement
shall be deemed, or shall constitute, a waiver of any other provision,
whether or not similar, nor shall any waiver constitute a continuing
waiver. No waiver shall be binding unless executed in writing
by the party making the waiver. This agreement may be executed
in one or more counterparts. Each shall be deemed an original,
but all of which together shall constitute one and the same instrument.
If an organization is the subscriber, the individual signing
up for our services represents that he or she is duly authorized
to enter into this agreement on behalf of that organization.
In the event of a dispute, the parties agree to submit the matter
to the Community Dispute Resolution Service or any recognized
Arbitration Board located within our state and county, before
instituting litigation.
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