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Self Investment Publishing (SIPC) Affiliate Program Agreement Terms

Please read this document carefully.

This Agreement contains the complete terms and conditions that apply to your participation as an Affiliate in Self Investment Publishing (SIPC) and the establishment of links from your Web site to our Web site at www.selfinvestmentpublishing.com

"Site" means a World Wide Web site and, depending on the context, refers to the Self Investment Publishing (SIPC) Web site or to the site that you will link to our site (and which you will identify in your Program application).

As used in this Agreement, "we” and “SIPC" means Self Investment Publishing and "you" means the applicant party.  “Program” means the Self Investment Publishing Affiliate program.

By submitting your Affiliate Application and participating in the Program you are confirming that you have read this Agreement and you agree to be bound by these terms and conditions.

1. Enrollment in the Program: To begin the enrollment process, you must submit a complete Affiliate Application via our site through the Affiliate Sign Up page. We will evaluate your application and will notify you of your acceptance or rejection for participation in the Program. We may reject your application if we determine (in our sole discretion) that your site is unsuitable for the Program for any reason. Unsuitable sites include, but are not limited to, those that:

* Promote violence or hate toward any persons or groups.
* Promote discrimination based on race, sex, age, religion, nationality, disability or sexual orientation.
* Promote illegal activities.
* Contain, in our sole judgment, material that is defamatory, fraudulent or harassing.
* Misrepresent themselves as a SIPC Web site by using the "look and feel" of or text from our site.
* Include " SIPC" or variations or misspellings thereof in their domain names (e.g., ".com", ".net", ".org", ".uk", etc.) for example, a URL such as "SIPC.mydomain.com" or “SelfInvestmentPublishing.mydomain.com” OR “SelfInvestment.mydomain.com” or the same or similar at any dot “net”, “biz”, “org” or other web address,  would not be acceptable.
* Otherwise violate intellectual property rights of SIPC or its affiliates.
* Otherwise are considered (in our sole judgment) offensive or inappropriate.
* Link to or provide a portion of their commission or affiliate benefits to sites or organizations that violate any of the above criteria.

Our acceptance criteria are subject to change at any time without prior notice. 

If your Application is not accepted, you may reapply to the Program at any time; however, you may not link to our site unless you are approved for the Program.  If you are accepted into the Program, you will be able to participate in the Program subject to the terms and conditions of this Agreement.  You must submit a completed, accurate IRS Form W9 to SIPC referencing the Affiliate paid to name. You will not be paid any commissions without a W9 on file. You should also note that if you are accepted to participate in the Program and your site is thereafter determined (in our sole discretion) to be unsuitable based on our criteria for the Program, we may terminate this Agreement immediately and without penalty.

2. Links on Your Site:

a. Links Provided by SIPC:  Upon acceptance into the Program, we will make available to you a dedicated link or links that, subject to the terms and conditions of this Agreement, you may display as often and in as many areas on your site as you like. All such links that you will use in the Program will a be provided to you from SIPC.  You also agree that you will display in your site those graphic images provided by us in the form and appearance provided, without alteration.

Only valid links generated by SIPC will be tracked for purposes of determining referral fees that you may be eligible to receive on sales of products generated through your site.

b. Additional Requirements:  As a condition to your acceptance and participation in the Program, you agree to not undertake or engage in the following practices, and any violation of this Section shall be deemed a material breach of this Agreement:

1) use the SIPC name, or any variation thereof, in any manner not expressly authorized by this Agreement;

2) use or otherwise incorporate the word " SIPC “ or variations or misspellings thereof in the domain name(s) of your site(s), on any meta tags of Web pages comprising your site(s), in hidden text or source code, or in searchable keywords;

3) engineer your site in such a manner that pulls Internet traffic away from SIPC;

4) attempt to modify or alter our site or any site with which we are affiliated in any way;

5) make any representations, either express or implied, or create an appearance that a visitor to your site is visiting our site, e.g., "framing" the SIPC site, without our prior written approval;

6) "scrape" or "spider" any SIPC Web site for content (such as images, logos or text);

7) wrap or frame SIPC site in any manner without first obtaining in advance our express written permission. Such requests must be made by contacting SIPC by sending an email to affiliates@selfinvestmentpublishing.com or by phone at 866-226-9741 x3

8) generate or send any email messages using or containing SIPC name or logo, or any variation thereof, or the name or logo, or any variation thereof, or any of our Trademarks (as defined below) or products, without first obtaining in advance our express written permission;

9) forward, redistribute, or otherwise repurpose any email communications or newsletters that SIPC sends to its affiliates and/or customers. You may not generate or send any unsolicited email (spam) under this Agreement; or 10) modify price information regarding our products or offers on your site.

c. Violation of the foregoing prohibitions: Violations may result in, among other things, the immediate termination of this Agreement and/or the commencement of an action by SIPC against you seeking, without limitation, injunctive relief and/or recovery of actual, statutory and/or punitive damages. In addition, you shall protect, defend, indemnify and hold SIPC and its affiliates and their respective officers, directors, employees and agents, harmless from and against any claims, actions, liabilities, losses, damages, costs or expenses, including without limitation, attorneys' fees and costs of litigation, even if such claims are groundless, fraudulent or false, incurred by us or related entities arising out of any content or activity by you or on your site or resulting from or in connection with your violation of any of the prohibitions contained in this Agreement, including without limitation, claims for unsolicited email (spamming) or other violations of rights of privacy.

You acknowledge that, by participating in the Program and placing a link to SIPC (or any category page therein) on your site, we may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the program constitutes your specific and unconditional consent to and authorization for our access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in our Privacy Policy.

d. Compliance with the Agreement: We have the right in our sole and absolute discretion to monitor your site at any time and from time to time to determine whether you are in compliance with the terms of this Agreement, and you agree to provide us with unrestricted access to your site for such purpose.

3. Responsibility for Your Site:

You will be solely responsible for the development, operation and maintenance of your site and for all content that appears on your site. Such responsibilities include but are not limited to:

* the technical operation of your site and all related equipment;
* the accuracy, timeliness and appropriateness of material posted on your site (including, among other things, all product-related materials);
* ensuring that your site complies with all applicable copyright and other laws;
* ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights);
* ensuring that content posted on your site is not libelous or otherwise illegal;
* notifying us of any malfunctioning of the links or other problems with your participation in the Program in accordance with the terms of the Offer and this Agreement.

SIPC disclaims all liability for all such matters. You hereby agree that your site will not in any way, copy or resemble the design of our site, nor will your site falsely create the impression that your site is our site or is part of our site, nor will you frame any page of our site. Additionally you agree that you will not create, link to or host any type of shopping cart between our site and your site. Further, you agree to defend, indemnify and hold SIPC  and its affiliates and their respective officers, directors, employees and agents, harmless from all claims, damages, and expenses (including, without limitation, attorneys (fees and costs of litigation) relating to the development, operation, maintenance or content of your site. 

The information provided on the SIPC Site and in SIPC online advertisements is intended for a consumer's general knowledge only and is not a substitute for professional medical advice or treatment for specific medical conditions. Consumers should always seek the advice of a physician or other qualified health care provider with any questions regarding medical conditions. The information on the SIPC  Site and in SIPC online advertisements has not been evaluated by the Food and Drug Administration and is not intended to diagnose, treat, cure or prevent any disease. **Consumers should never disregard medical advice or delay in seeking it because of something they have read on the SIPC site and in our online advertisements. You hereby agree that your site will not represent SIPC online advertisements, Site or products in any way that will conflict with these statements. 

You also hereby agree that your Site will not copy, reproduce, display, and/or contain any content obtained or derived from a SIPC site or any materials which are proprietary to SIPC except (i) with our prior written permission, or (ii) materials which are obtained by you via our direct communication with you in accordance with the provisions hereof or the policies or instructions thereon. You further hereby agree that you will not purchase or otherwise contract with a third party to exploit any of the SIPC proprietary materials for the purpose of causing your Site to appear as a search result or for any other reason. 

SPAM and Unsolicited Commercial Email (UCE) will not be tolerated in any way. Formal complaints of SPAM/UCE are handled as top priority. SPAM/UCE complaints against you may result in loss of your SIPC account(s), without recourse on your part. Legal action will be pursued by SIPC for any loss or damages incurred due to SPAM/UCE complaints against you.

4. Guidelines for Using the SIPC Trademarks:

These guidelines apply to your use of SIPC and other trademarks, trademark variations and misspellings, and service marks belonging to SIPC (the "Trademarks") in content that has been approved by us.

4.1 Search Engine Keywords: 

We reserve all rights in our trade names and trademarks; therefore you agree not to purchase keywords including, but not limited to, Self Investment Publishing, SIPC,  Self Investment Publishing,  Self Investment Publishing Company, from any third party without the expressed written consent of SIPC. You further agree that you will not purchase or otherwise contract with a third party to exploit any of our marks for the purpose of causing your Site to appear as a search result or for any other reason. 

4.2 You must not bid on SIPC, trademark variations and misspellings on any Pay per Click Search Engine (PPCSEs). This includes, but is not limited to, Google, Yahoo! Marketing, MSN, and second- and third-tier search engines.  

5. Order Processing: 

We will process product orders placed by customers who link from your site to the SIPC site in accordance with applicable legal requirements.

We reserve the right to reject orders that do not comply with any reasonable requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations and returns; and handle customer service.

We will track sales made to customers who purchase products through a link from your site to our site that you will generate using the most current tracking technology. Reports summarizing this sales activity will be available to you through our affiliate network. The form, content, and frequency of the reports are limited to those reports and capabilities available through our software tracking and reporting system and may vary from time to time in our reasonable discretion.

SIPC is not responsible for any changes that our tracking software provider may make in their reporting format, timing, or types of reports available to members of the SIPC's Affiliates. To permit accurate tracking, reporting and fee accrual, you must ensure that the links between your site and our site are properly formatted. SIPC will not be responsible for improperly formatted links regardless of whether you have made amendments to the code or not.  In addition, we are unable to track or provide credit for sales from customers that are referred to us with browsers that do not have their cookies setting enabled.

6. Offers:

a. From time to time, we may alert you of specific offers ("Offers") to pay a specified referral fee on sales of Qualifying Products (as defined below) to third parties through a Qualifying Link. "Qualifying Link" means a link from your site to our site using one of the URLs or graphic links specified in the Offer and provided by SIPC for use in the Program if it is the last link to our site that the Customer uses before purchasing a product on our site.

b. The terms of an Offer, as posted on SIPC website or otherwise communicated to you, shall be governed by the terms and conditions of this Agreement. However, in the event of any inconsistency between the terms of the specific Offer and the terms of this Agreement, the terms of the Offer shall govern.

c. At any time prior to you providing a Qualifying Link, we may with or without notice (a) change, suspend or discontinue any aspect of an Offer or (b) remove, alter, or modify any graphic or banner ad provided to you pursuant to an Offer. You agree to promptly implement any request from SIPC to remove, alter or modify any graphic or banner ad submitted by you that is being used in connection with an Offer.

7. Referral Fees:

You will earn referral fees on certain product sales to third parties generated from our SIPC Web site only. For a product sale to generate a referral fee, the customer must

* use a browser that has its cookies setting enabled;
* follow a Qualifying Link (in the format specified by SIPC from your site to the SIPC site (if it is the last link to our site that the customer uses before making the purchase);
* purchase the product using our online ordering system;
* accept delivery of the product at the shipping destination; and
* remit full payment to us.

Unless otherwise specified in your Offer Terms, you will not earn referral fees on any products that are added to a customer's Shopping Cart after the customer has re-entered our site (other than through a Qualifying Link from your site), even if the customer previously followed a link from your site to our site. Customer service invoice adjustments and reorders are not eligible to earn referral fees. Products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as "Qualifying Products."

8. Fee Schedule:

You will earn referral fees based on the Net Price of Qualifying Products, according to fee schedules to be established by us. "Net Price" means the sale price listed online on our site (less any coupon or customer discount) and excludes amounts collected by us for taxes, shipping, handling, rebates, gift-wrapping and similar ancillary services, and amounts due to credit card fraud and bad debt. The number of completed valid purchases attributable to your Links (and thus the referral fee) will be reduced for invalid name and address information, returns, suspected or actual fraud, and any other orders determined by  SIPC to be unacceptable in its sole discretion. The current fee schedule to which you agree is listed in your affiliate offer.

9. Fee Payment:

You will be paid your earned referral fees on a monthly basis to your PayPal account as set forth per standard payment procedure stated in your signup offer terms, unless you have requested a payment by check method. In the case of payment by check, please allow additional 3 days processing time, and postal mail travel time.

10. Policies and Pricing:

Customers who buy products through this Program will be deemed to be customers of SIPC without affecting their status as your customer. Accordingly, only our rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. We may change our policies and operating procedures at any time in our sole discretion. For example, we will determine the prices to be charged for products sold under the Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product or the error-free or uninterrupted operation of our site.

11. Term of the Agreement:

a. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party.  Either you or SIPC may terminate this

Agreement at any time, with or without cause, by giving the other party prior written notice of  termination. In addition, we reserve the right to terminate this Agreement immediately if you materially breach or violate any terms or conditions of this Agreement, or if we determine, in our sole discretion, that your site is unsuitable for the Program.

We reserve the right to withhold payment pending an investigation of suspected fraud or misrepresentation of associated referral fees for orders or referrals that were obtained fraudulently or through misrepresentation.  Termination of this Agreement shall also terminate any outstanding Offer.

b. Termination of a specific Offer shall not be deemed to terminate any other Offers.

c. Upon termination of this Agreement, you will immediately cease use of, and remove from your site, all links to our site and all SIPC trademarks and related content.

d. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term of this Agreement, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned by a customer. In addition, we may invoice you for referral fees that were paid to you prior to termination if those referral fees relate to Qualifying Products that are subsequently canceled or returned by a customer.

In the event any other overpayment is made by us, you agree to promptly remit such excess payment upon notification by us. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.

12. Publicity:

You shall not create, publish, distribute, or permit any written material (e.g., press releases, marketing material or screen shots) that makes reference to us without first submitting such material to us and receiving our prior written consent, which we may withhold in our sole discretion.

13. Limited License and Use of the SIPC Trademarks:

a. We grant you a non-exclusive, non-transferable, non-sublicensable, fully revocable license to (i) access our site through the Qualifying Links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks and similar identifying material designated in the Offer (collectively, the "Licensed Materials"), only as provided to you through our affiliate network and solely for the purpose of generating the sale of SIPC products from your site.  You acknowledge that this Agreement does not provide you with any intellectual property rights in the Licensed Materials other than the limited rights contained herein.  We reserve all of our rights in the Licensed Materials and of our other proprietary rights. You may not sublicense, assign or transfer any such licenses for the use of the Licensed Materials, and any attempt at such sublicense, assignment or transfer is void. We may terminate your license to use the Licensed Materials for any reason at any time in our sole and absolute discretion.

b. You shall not make any specific use of any Licensed Materials for purposes other than generating the sale of SIPC products from your site, without first submitting a sample of such use to us and obtaining our prior written consent, which we may withhold in our sole and absolute discretion.

c. Your license to use the Licensed Materials is also subject to the following guidelines:

* You may use the Licensed Materials only for purposes expressly authorized by us.
* You may not alter, modify, or change the Licensed Materials in any way; for example, you may not change the proportion, color, or font of any trademark.
* You may not display the Licensed Materials in any manner that implies our sponsorship or endorsement of your products, services or site outside of your involvement in the Program.
* You may not use the Licensed Materials, its products or services, in a manner which, in our sole judgment, may diminish or otherwise damage the goodwill in our name and the Licensed Materials.
* Each SIPC trademark must appear by itself and must be surrounded by sufficient empty space on all sides in order to avoid unintended associations with any other objects (including, without limitation, type, photography, borders and edges).
* You shall not use SIPC” name or logo shall be in a manner that is clearly less prominent than that of your products, trademarks, logos and/or site name.
* No copying of any image on our site except for those links specifically provided to you under this Agreement. We reserve the right in our sole discretion to modify these guidelines at any time upon prior written notice and the right to take action against any use that does not conform to these guidelines.

d. You grant to SIPC a non-exclusive license to utilize your names, titles, and logos as the same may be amended from time to time (the "Affiliate Trademarks"), to advertise, market, promote, and publicize in any manner our rights hereunder; provided, however, that SIPC shall not be required to so advertise, market, promote, or publicize. This license shall terminate upon the effective date of the expiration or termination of this Agreement.

14. Disclaimers:

a. SIPC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ALL EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THIS AGREEMENT, THE AFFILIATE NETWORK, AND/OR ANY PRODUCTS PROMOTED THROUGH THE AFFILIATE NETWORK (INCLUDING, WITHOUT LIMITATION, WARRANTIES MERCHANTABILITY, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, SIPC DOES NOT MAKE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND SIPC WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

b. SIPC DISCLAIMS ALL LIABILITY FOR ALL MATTERS RELATING TO THE DEVELOPMENT, OPERATION, MAINTENANCE AND CONTENT ON YOUR SITE. 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.

c. SIPC WILL USE COMMERCIALLY REASONABLE EFFORTS TO PRESENT NON-CONFIDENTIAL INFORMATION RELATING TO ITS POLICIES AND PRICING, BUT DOES NOT WARRANT OR GUARANTEE THE AVAILABILITY OF ANY PARTICULAR PRODUCT.

d. Each party agrees and represents that this Agreement does not in any way constitute approval, endorsement, or acceptance of the content of the other party's webpage(s) or website(s). EACH PARTY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE CONTENT OF THE OTHER PARTY'S WEBSITE, INCLUDING, BUT NOT LIMITED TO, CLAIMS RELATED TO INTELLECTUAL PROPERTY INFRINGEMENT, CONTENT ACCURACY, DEFAMATION, AND OTHER UNLAWFUL CONTENT. Each party reserves the right to place a disclaimer on its website or in promotional materials to reflect the disclaimers set forth herein.

15. Representations and Warranties:

You hereby represent and warrant to us as follows: 

a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and you agree not to contest the validity or enforceability of this Agreement under the provisions of applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby.

b. No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby. You have full right and authority to grant the licenses and perform your obligations hereunder and you are the sole owner of the Affiliate Trademarks.

c. There is no pending or, to the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, to the best of your knowledge, there is no basis for any such claim, action, or proceeding.

d. Any material displayed on your site will not: (i) infringe on 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 lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; (vii) promote discrimination based on race, age, sex, religion, nationality, sexual orientation or disability; or (viii) contain viruses, trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.

e. You will comply with all applicable local, state and federal laws, statutes, orders, ordinances and regulations relating to performance of the program. The information you supply to SIPC in your application or otherwise is accurate, complete and correct.

f. You are an adult of at least 18 years of age.

16. Relationship of Parties: 

No Agency. You and SIPC are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and SIPC. 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.

17. Confidentiality:

Except as otherwise provided in this Agreement or with our prior written consent, you agree that all information including, without limitation, the terms of this Agreement, our business and financial information, our customer lists, vendor lists and our pricing and sales information, shall remain strictly confidential and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than you or your affiliates. Notwithstanding the foregoing, you may deliver a copy of any such information (a) pursuant to a subpoena issued by any court or administrative agency, (b) to your accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation or legal process.

18. Limitation of Liability:

We will not be liable for indirect, special, exemplary, consequential or incidental damages, or any loss of revenue, profits or data, arising in connection with this Agreement, the Program or SIPC, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

19. Indemnification:

You acknowledge that by entering into this Agreement that SIPC does not assume and should not be exposed to the business and operational risks associated with your business, or any aspects of the operation or content of your Web site(s).  Accordingly, you hereby agree to indemnify and hold harmless SIPC, its affiliates and its subsidiaries, and their respective directors, officers, employees, agents, shareholders and members, from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs and expenses (including court costs and reasonable attorney's fees) even if such claims are groundless, fraudulent or false (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any breach or alleged breach of any representation or warranty or breach of a covenant or agreement made by you herein, (ii) any claim arising from or connected with any of the content or activities of your site (including without limitation any activities or aspects thereof or commerce conducted thereon) or related business, or (iii) your misuse, unauthorized modification or unauthorized use of the services or materials provided by SIPC..

20. Modification:

We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the SIPC or otherwise communicating such change to you. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures or Program rules. 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 THE SIPC WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

21. Independent Investigation:

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL TERMS AND CONDITIONS IN THIS AGREEMENT. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

22. General:

a. Governing Law; Venue. This Agreement has been made in and shall be construed and enforced in accordance with the laws of the United States and the State of Nevada, 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 Clark County, Nevada, and you irrevocably consent to the jurisdiction of such courts. The party most closely receiving the relief it sought in any dispute hereunder shall be entitled to recover its costs (including, without limitation, attorneys', experts', and other fees) from the other party.

b. Assignment. 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 provision or any other provision of this Agreement.

c. Any notices required or permitted by this Agreement or communications in connection with the Program will be sent to you by SIPC via e-mail at the address you provided in your Affiliate Application.

d. Severability.  The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that for any reason any other provision may be invalid or unenforceable in whole or in part.

f. Waiver.  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 provision or any other provision of this Agreement.

g. Equitable Relief.  The parties agree that any breach of either of the party's obligations regarding trademarks, service marks, trade names, confidentiality, links or the removal of links, and/or user data may result in irreparable injury for which there may be no adequate remedy at law. Therefore, in the event of any breach or threatened breach of a party's obligations regarding trademarks, service marks, trade names, confidentiality, links or the removal of links, and/or user data, the aggrieved party will be entitled to seek equitable relief in addition to its other available legal remedies in a court of competent jurisdiction.

h. Force Majeure. You acknowledge that the SIPC servers, equipment, and services (e.g., tracking and reporting) may be subject to temporary modifications or shutdowns due to causes beyond the reasonable control of Self Investment Publishing (SIPC)Such temporary service interruptions will not constitute a material breach of this Agreement.

i. Survival.  Section 11 (Term), 17 (Confidentiality), 18 (Limitation of Liability), 19 (Indemnification) and 22 (General), including all subsections thereof, shall survive any termination of this Agreement.

j. Integration. This agreement, together with your Application and your Offer Terms constitutes the entire agreement between the parties with regard to the subject matter hereof and supersedes all prior agreements and understandings, both written and oral.