ThumbPeople.com Terms and Conditions
The ThumbPeople.com website is operated by ThumbPeople, Inc. (TP). The mailing address for ThumbPeople is 14400 W. Burnsville Pkwy, Burnsville, MN 55306
Your Use of This Website is Governed by These Terms and Conditions
Please take a few minutes to review these Terms of Use (TOU) and Conditions. Your use of this website constitutes your agreement to follow these rules and to be bound by them. By accessing or using this website, you, either an individual or a single entity ("you" or "your" as applicable), are bound by the notices, terms and conditions in this statement and, as applicable, elsewhere on http://www.thumbpeople.com/ including but not limited to our Privacy Policy. If you do not agree with any of these Terms and Conditions, do not use the ThumbPeople.com website.
These Terms and Conditions May Change
TP reserves the right to update or modify these Terms and Conditions at any time without prior notice. Your use of this website following any such change constitutes your agreement to follow and be bound by the Terms and Conditions as changed. For this reason, we encourage you to review these Terms and Conditions whenever you use this website.
Website Content:
Content on this Website is meant for all audiences. As a user of the website and/or member of any ThumbPeople club, you understand that you will be exposed to a variety of videos, audios and written material by viewing this website and/or joining the Club. You further understand and acknowledge that you may be exposed to material on the videos that is offensive or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against TP with respect thereto, and agree to defend, indemnify and hold harmless TP, its parent corporation, its subsidiaries, its licensors, and their respective officers, directors, employees and agents to the fullest extent allowed by law regarding all matters related to your use of this Website or participation in the Club.
User Conduct:
By using the Information and Products, you agree that you will not use the Information or Products for any purpose that is unlawful or prohibited by these TOU. You agree to abide by all applicable local, state, national and international laws and regulations, including, without limitation, all intellectual property laws (such as, U.S. copyright laws). Any unauthorized use of this Website is expressly prohibited.
Services and Products
Through its website, TP provides you with access to various resources, including communication and information through the website (“Information”) and purchase of products and services (“Products”). Information and Products are subject to the TOU.
PRIVACY STATEMENT
For each visit to its website, TP only collects your IP address when you subscribe to the database in order to monitor website traffic. TP does not collect personal information from you unless you voluntarily provide it to TP. You voluntarily provide your e-mail address when you submit information through the web-site. For example, TP collects your e-mail address when you post messages to our discussion forums, complete online web forms, communicate with TP by e-mail, or when you make postings to our chat areas. It is completely optional for you to participate in the foregoing. The information TP collects is used to improve the content of its website, to notify you about updates to its website and for marketing purposes that target your specific needs. TP does not use cookies to retrieve information from your computer. We do not share, rent or sell any personal information about you to any third parties. We do not share, rent or sell your e-mail address or any other contact information to third parties. TP will not disclose any personal information about you except when you give authorization, or when TP is required to do so by law. Periodically, TP may send you information regarding products, services or upcoming events through direct mailings or e-mails. If you do not want to be included on TP’s marketing lists, you may opt out through the unsubscribe link at the bottom of the emails, by sending an e-mail to Thumbuddy@thumbpeople.com or by mail to ThumbPeople Inc at 14400 West Burnsville Pky, Burnsville, Minnesota 55306 stating that you do not want to be included on TP’s marketing list. Other third party web-sites may be accessed through TP’s web-site. The privacy practices of third party web-sites are not covered by TP’s privacy statement and TP is not responsible for the privacy practices or content of other third party web-sites.
By posting a Testimonial you are granting TP permission to use your Testimonial in connection with promoting its products and services on the web-site. You will not be compensated for your Testimonial and TP is not required to use your Testimonial. TP may remove your Testimonial at any time. By using the web-site, you consent to the collection of information as outlined in this Privacy Statement. TP reserves the right to change this Privacy Statement at any time. TP takes special steps to safeguard the privacy of children. It is important for children to get permission from their parents before accessing or supplying any personal information to TP. We will never knowingly collect personally identifiable information from people under eighteen (18) years of age. If you would like to contact us regarding this Privacy Statement, please write to us at ThumbPeople Inc, 14400 West Burnsville Pky, Minnesota, 55306. ?
Copyright Notice
All of the Content you see and hear on the ThumbPeople.com website, including, for example, all of the page headers, images, illustrations, graphics, audio clips, video clips and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by ThumbPeople, Inc. one of its affiliates or by third parties who have licensed their materials to ThumbPeople. Thumbuddy and the character of Thumbuddy are registered trademarks of ThumbPeople, Inc. The other Thumbuddy characters, art, graphics, and videos are copyrights and/or trademarks of ThumbPeople, Inc. The entire Content of this website is copyrighted as a collective work under U.S. copyright laws, and ThumbPeople.com owns a copyright in the selection, coordination, arrangement and enhancement of the Content.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice.
No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. ThumbPeople, Inc reserves complete title and full intellectual property rights in any Content you download from this website.
Except as noted above, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the Content without first obtaining written permission from ThumbPeople, Inc.
Reselling ThumbPeople Products
ThumbPeople products which are sold on-line must be at the suggested retail price. ThumbPeople strives to provide products with good, positive, and family related messages. As such ThumbPeople has the right to refuse sales at will. See section: Affiliate Agreement
Return Policy
ThumbPeople return policy is that any defective, incorrect or item damaged upon your receipt may be returned within 30 days of receipt via the U.S. Postal Service (preferably by Media Mail, if qualified). We will gladly ship a replacement and reimburse you for your return postage. Any item you are not satisfied with (the product was not what you expected, arrived too late, etc) must be returned within 30 days of receipt and received by us in salable condition, will be issued an exchange or refund of merchandise cost only – less a 20% restocking fee. Any customized product (such as those imprinted with a name) may not be returned for replacement or refund, unless the imprint or item is defective. Videos, CDs, cassettes, DVDs or other media may only be returned for refunds if UNOPENED. If opened, they may be returned only for replacement with the same item. Any return that does not comply with the above policy will be given to a charity of our choice, and no refund or exchange will be issued.
Submissions
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to ThumbPeople.com shall be and remain the exclusive property of ThumbPeople, Inc. Your submission of any such Comments shall constitute an assignment to ThumbPeople.com of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Comments. ThumbPeople.com will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
User Submitted Content (including, but not limited to, text, photos, video, forums, chat or any other messaging service). The ThumbPeople.com message services available to our guests are subject to the following guidelines. Out of respect for all of our guests, we ask that you do not use obscene, profane or threatening language in messages. In addition, we ask that you do not submit or post photos, videos or other media that include obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
• The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or ThumbPeople, Inc rule or policy.
• The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable.
• The impersonation of any person or entity in any part of a gift message.
You are solely responsible for the content of any messages and/or images you submit and ThumbPeople assumes no liability for any content submitted by you. We may, but are not obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other ThumbPeople guests or any third party. ThumbPeople reserves the right to purge the content you provide after 90 days of creation.
You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
Colors
We have done our best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
DISCLAIMERS –– GENERAL
THE THUMBPEOPLE.COM WEBSITE IS OPERATED BY THUMBPEOPLE CORPORATION, ON AN "AS IS," "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMITTED BY LAW, THUMBPEOPLE.COM, THUMBPEOPLE CORPORATION, AND THEIR AFFILIATES DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THIS SITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
WITHOUT LIMITING THE FOREGOING, THUMBPEOPLE CORPORATION DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM.
WITHOUT LIMITING THE FOREGOING, THUMBPEOPLE CORPORATION DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR.
WITHOUT LIMITING THE FOREGOING, THUMBPEOPLE CORPORATION DISCLAIMS ANY LIABILITY AS TO THE ACCURACY OR COMPLETENESS OF EACH ITEM DESCRIPTION. ALL PRODUCT DESCRIPTIONS ORIGINATE FROM THE MANUFACTURER OF THE ITEM.
THUMBPEOPLE CORPORATION DO NOT ENDORSE NOR MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE OPTIONS OR OTHER SERVICE OR DATA YOU MAY ACCESS, DOWNLOAD OR USE AS A RESULT OF THE USE OF THE INFORMATION CONTAINED ON THIS WEBSITE, OR ABOUT ANY WEBSITE YOU MAY ACCESS THROUGH THIS WEBSITE. LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. YOU NEED TO MAKE YOUR OWN DECISIONS REGARDING YOUR INTERACTIONS OR COMMUNICATIONS WITH ANY OTHER WEBSITE.
THUMBPEOPLE CORPORATION MAKE NO REPRESENTATION THAT CONTENT PROVIDED ON THIS WEBSITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE OF THE UNITED STATES.
THUMBPEOPLE CORPORATION ASSUME NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
THE INFORMATION FOUND ON THIS WEBSITE IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, AND TP AND/OR ITS DEALERS, ASSOCIATES, AGENTS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO INFORMATION OR PRODUCTS INCLUDING ALL WARRANTIES OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR INFRINGEMENT.
TP AND/OR ITS DEALERS, ASSOCIATES, AGENTS, LICENSORS DO NOT WARRANT THAT THE FUNCTIONS OF THIS WEB-SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEB-SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES. TP AND/OR ITS DEALERS, ASSOCIATES, AGENTS, LICENSORS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE INFORMATION IN THIS WEB-SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, SHALL THE THUMBPEOPLE CORPORATION BUSINESSES OR ANY OF THEIR EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THIS WEBSITE.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF ANY THUMBPEOPLE CORPORATION BUSINESS HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE THUMBPEOPLE CORPORATION BUSINESSES UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
ENFORCEMENT OF TERMS AND CONDITIONS
BY ACCESSING AND USING THE THUMBPEOPLE.COM WEBSITE, YOU AGREE THAT YOUR ACCESS TO AND USE OF THIS WEBSITE IS SUBJECT TO THESE TERMS AND CONDITIONS, AS WELL AS ALL APPLICABLE LAWS, AS GOVERNED AND INTERPRETED PURSUANT TO THE LAWS OF THE STATE OF MINNESOTA, UNITED STATES OF AMERICA.
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Affiliate Agreement
To be an authorized affiliate of ThumbPeople.com, you agree to abide by the
terms and conditions contained in this agreement.
Please read this agreement carefully before registering and using the ThumbPeople.com
service as an affiliate. By signing up for the ThumbPeople.com affiliate
program, you indicate your acceptance of this agreement and its terms and
conditions.
The following terms and conditions shall govern your participation in the ThumbPeople.com
Affiliate Program. This Agreement is entered into by and between you
("you"), the Affiliate, and ThumbPeople Inc. ("we,"
"us" or "our). When you
register as an affiliate, you agree to be bound by all of the terms and conditions
contained in this ThumbPeople.com Affiliate Program Agreement
("Agreement"). This Agreement supersedes any and all prior and
contemporaneous agreements whether oral or written by and between you and us
with respect to any and all ThumbPeople.com Affiliate Program(s).
1. LINKING YOUR SITE WITH THUMBPEOPLE.COM
a. We will provide you with graphics, text ads, email templates and text links
examples and instructions on how to link your site to ThumbPeople.com,
utilizing your merchant ID number (the "Link(s)").
b. You will place ThumbPeople.com text links/text ads on your web site and
create links to ThumbPeople.com so you can offer ThumbPeople.com products for
sale to visitors to your web site. You may create as many or as few links as
you desire. We encourage (but do not require) you to include a link to the ThumbPeople.com
home page. You will be solely responsible for the placement of the links and
the appearance of your web site, and you will be solely responsible for the
ongoing maintenance of the text ads and text links.
c. All links that you, the affiliate, wish to receive credit for must
modified only within your Account Management page, emailed to you
immediately after signup. You can adjust the size and
the color of our text ads to fit the look of your Website. Please
copy and paste the html, exactly as it has been generated, and do not attempt
to modify it in anyway. Otherwise, ThumbPeople.com may not be able to track
your order(s) and we will not be responsible for any sales that may be lost.
2. ORDER PROCESSING
a. We possess the sole right and responsibility to process product orders
placed by customers (the "Customers") who access ThumbPeople.com via
the Links(s) in the session(s) commenced with their arrival at ThumbPeople.com
(the "Orders"), including, but not limited to, handling customer
payments, packing and shipping customer orders, and customer service.
b. Orders will be governed by our then-applicable terms and conditions of sale,
and all agreements relating to such terms and conditions will be by and between
the Customer and us. Those terms and conditions may be changed at any time for
any reason, without notice to you. Selling prices for the products will be set
by us at our sole discretion, and may be changed at any time. We may refuse an
order for any reason or for no reason at all.
c. Orders on products not created by Thumbpeople Inc, as listed under
Thumbpeople Sponsored Products within the shopping cart http://www.thumbpeople.com/online-store.html,
will not be compensated at the designated rate in the stardard affiliate
program. The standard affiliate program
only refers to Thumbpeople Inc. products.
Rates on Thumbpeople Sponsored Products, such as Driving Reflections, will
fluctuate and will not be guaranteed.
3. ADVERTISING FEE
a. As payment for our advertisement on your web site, you will receive a 20-40
% fee (depending on your sales level) based on the Net Selling Price of the
Thumbpeople Inc. item(s) shipped on an Order received from your URL and shipped
by us ("Fee"). The Net Selling Price is the unit price paid for the
Order(s) by the Customer not including and less any charges or costs for
shipping, handling, returns, taxes, service charges, or other charges incurred
by the Customer. If the customer returns an item for which you were paid a fee,
your future fees will be reduced based on the fees credited or paid for the
returned item(s). Note: Any products
given away for free, or free with paid shipping and handling, will not be paid
out to the affiliate.
b. The commissions will be credited to your Account, 24 hours after the Order
is shipped. You could check this information anytime at: http://www.ThumbPeople.com/idevaffiliate/login.php
c. Payments will be made the 1st of each new quarter on a standard quarterly
calendar for the previous quarter for all fees in excess of $10.00. In the
event fees are less than $10.00, your payment will be carried forward to the
next pay period until such time as the payments are in excess of $10.00.
d. Your referrals will be tracked for 90 days unless the cookies were
deleted/modified by user. If PC users delete or modify
their cookies, ThumbPeople.com is not responsible of lost commissions.
f. You must understand and agree that you are acting as an independent
contractor and as such will be responsible for your own Income Taxes and any
other tax liabilities that affect the sales of our products in your
state. In order to comply with IRS regulations, you will be asked to
provide us with your social security number or taxpayer identification number
and address.
4. ANTI SPAM POLICY
You are strictly prohibited from sending unsolicited and unauthorized e-mails
of any kind. In case the ThumbPeople.com suspects that the affiliate is
involved in spam activity, the result is termination of the account and
possible forfeit of all earnings. Additionally we will pursue legal actions
against any person violating our terms and conditions.
5. COPYRIGHTED Materials AND LIMITED LICENSE
a. All materials, including but not limited to, reviews, articles, ad banners,
photographs, images, illustrations, music, sounds, images, databases and
software, appearing on ThumbPeople.com (the "Content") are protected
by patent, copyright, trade dress, trademark and unfair competition law
pursuant to U.S. (federal and state) and/or foreign patent, copyright,
trademark and unfair competition laws and/or international treaties or
conventions. Except as set forth in this Section 4, you may not use, transmit,
distribute, sell, reproduce or otherwise copy any of the Content without
express written authorization from the copyright and/or trademark owner of such
materials.
b. We reserve all right, title and interest in our web sites and all content
therein, including without limitation, all intellectual property rights. We do
not grant you, your employees, agents or assigns, any right or license in or to
our web sites, Content or trademarks or service marks.
6. RESPONSIBILITY FOR YOUR WEB SITE
You will be solely responsible for the development, operation, and
maintenance of your site and for all materials that appear on your site. We
expressly disclaim any and all liability for these matters. Furthermore, you
hereby agree to indemnify and hold us harmless from all claims, damages and
expenses (including without limitation, attorneys' fees) relating to the
development, operation, maintenance and content of your site.
7. REPRESENTATIONS AND WARRANTIES; INDEMNIFICATION
a. You represent and warrant that any material which is provided by you and
displayed on your web site will not: (I) infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or right of
publicity or privacy; (ii) violate any applicable law, statute, ordinance or
regulation; (iii) be defamatory or libelous; (iv) be obscene or pornographic;
(v) violate any laws regarding unfair competition, anti-discrimination or false
advertising; (vi) promote violence or contain hate speech; or (vii) contain
viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful
or deleterious programming routines.
b. You represent and warrant that you have used your true legal name in
registering for the ThumbPeople.com Affiliate Program; that you have the power
and authority to enter into this Agreement and perform the obligations set
forth herein and that, if you are a natural person, you are an adult of at
least eighteen (18) years of age. c. You shall indemnify and hold harmless ThumbPeople.com
and its parent companies, subsidiaries and Affiliates, and its respective
directors, officers, employees, agents, shareholders and partners, against any
and all claims, actions, demands, liabilities, losses, damages, judgments,
settlements, costs and expenses (including, without limitation, reasonable
attorneys' fees) arising out of or related to any obligation undertaken or
representation or warranty made by you, your employees, agents or assigns; or
any breach by you, your employees, agents or assigns of any covenant or agreement
made herein; or any content, trademark, copyright or intellectual property
used, created or distributed by you, your employees, agents or assigns.
8. DISCLAIMER OF WARRANTY
THE THUMBPEOPLE.COM AFFILIATE PROGRAM, THUMBPEOPLE.COM ARE PROVIDED ON AN
"AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION,
WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE THUMBPEOPLE.COM AFFILIATE
PROGRAM OR THUMBPEOPLE.COM WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT
BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. By executing
this Agreement you acknowledge and expressly agree to and accept this
Disclaimer of Warranty.
9. LIMITATION OF LIABILITY
EXCEPT FOR COMMISSIONS DUE AND OWING TO YOU, IN NO EVENT SHALL WE BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, WHETHER SUCH DAMAGES ARE ALLEGED IN TORT, CONTRACT OR INDEMNITY,
ARISING OUT OF THE USE OF OR INABILITY TO USE OR LINK THUMBPEOPLE.COM, LOSS OF
PROFITS, REVENUE OR DATA, EVEN IF WE ARE INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES. IN THE EVENT THAT ANY PART OF THIS SECTION 9 SHALL BE HELD
UNENFORCEABLE OR INVALID UNDER THE LAWS OF AN APPLICABLE JURISDICTION, THE
REMAINING PARTS HEREOF SHALL NEVERTHELESS CONTINUE TO BE VALID AND ENFORCEABLE
AS THOUGH THE OFFENDING PORTIONS HAD NOT BEEN A PART HEREOF. IN ADDITION, IF
THE LIMITATIONS ON WARRANTY OR LIABILITY THEREUNDER ARE HELD TO BE
UNENFORCEABLE UNDER THE LAWS OF AN APPLICABLE JURISDICTION, SUCH LIMITATION
SHALL, FOR PURPOSES OF THIS SECTION 9, BE REDUCED SUCH THAT OUR LIABILITY SHALL
NOT EXCEED THE AMOUNT PAID BY THE CLAIMANT TO US WITHIN SIX (6) MONTHS
PRECEDING THE DATE ON WHICH ANY CLAIM IS ORIGINALLY MADE, OR SHALL BE REDUCED
TO THE EXTENT NECESSARY TO RENDER THEM ENFORCEABLE
10. TERMINATION
a. You may terminate this Agreement at any time by sending notice to us via
e-mail to Thumbuddy@thumbpeople.com. You will be credited with all Commissions
earned through the date of termination upon standard payment date.
b. We may, in our sole discretion, terminate this Agreement at any time for any
reason(s), whatsoever, or for no reason at all, including, without limitation,
your breach of this Agreement.
11. RELATIONSHIP OF PARTIES
a. Nothing contained in this Agreement shall be deemed or construed as creating
a joint venture or partnership between you and us. Neither party, by virtue of this
Agreement, is authorized as, or shall be deemed, an agent, employee or
representative of the other. Neither party shall have the power to control the
activities and operations of the other and neither party shall act on behalf of
the other party. Neither party shall represent to any others that it is an
agent or representative of the other party.b. You will not make any statement,
whether on your web site or otherwise, that would contradict anything in this
Section.
12. MODIFICATION
We may modify this Agreement, at any time and at our sole discretion, by
posting a change notice or new agreement on ThumbPeople.com . Modifications may
include, but are not limited to, changes in the scope of available services,
commissions, commission schedules, payment procedures and methods of linking to
ThumbPeople.com. 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 OUR SITE WILL
CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
13. CHANGES TO THUMBPEOPLE.COM
We reserve the right, in our sole discretion, to discontinue operation of ThumbPeople.com
at any time without notice to you and to redesign or modify the organization,
structure, "look and feel," navigation, content, prices and any other
elements of ThumbPeople.com.
14. SEVERABILITY
In the event that any of the provisions of this Agreement shall be held by a
court or other tribunal of competent jurisdiction to be unenforceable, such
provisions shall be limited or eliminated to the minimum extent necessary so
that this Agreement shall otherwise remain in full force and effect and
enforceable.
15. NOTICES
All notices to you will be sent to the e-mail address provided by you when you
register for ThumbPeople.com Affiliate Program. All notices to us will be sent
to jointly to thumbuddy@thumbpeople.com
and coreene@thumbpeople.com.
16. GOVERNING LAW
This Agreement will be governed and construed pursuant to the laws of federal
court in the State of Minnesota applicable to
contracts entered into and performed entirely within the State of Minnesota, without
regard to its conflict of law provisions. In the event of any dispute regarding
the ThumbPeople.com Affiliate Program or any matter related to this Agreement,
you agree that litigation shall be in the state or federal courts of Minneapolis, Minnesota.
Any process, in any action or proceeding arising under or relating to this
Agreement, may, among other applicable methods, be served by delivering or
mailing the same by registered or certified mail return receipt requested,
directed to us.
17. ENTIRE AGREEMENT
This agreement constitutes and contains the entire agreement between the
parties with respect to the subject matter hereof and supersedes any prior
contemporaneous agreements, oral or in writing.
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