Affiliates Program Operating Agreement
Welcome to UnbiasedAuto’s website for affiliate marketing, where you can manage your affiliate marketing relationship with UnbiasedAuto Services LLC.
Any person or entity that participates or attempts to participate in our affiliate marketing program must accept this agreement as the affiliate Operating Agreement without any alterations. By registering for or using the Affiliates Site, you agree to this Agreement, including the websites terms and conditions.
1. Description of the Affiliates ProgramThe Affiliate Program permits you to monetize your website, social media, or other advertising mediums, by placing site links to the UnbiasedAuto.com website or any other U.S.
When the customer purchases a buyer’s package (one time use or lifetime), you can receive program fees for approved purchases. In order to facilitate your advertisements, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliates Program. Provided content specifically excludes any data, images, text, or other information or content relating to offerings on any site other than the UnbiasedAuto’s Affiliate Program page.
2. Affiliates Program Compliance RequirementsYou must comply with this Agreement, to participate in the Affiliate Program and receive fees.
You must promptly provide us with any information or documentation that we request to verify your compliance with this Agreement or any legal requirements.
If you violate this Agreement, any laws, or if you violate terms and conditions applicable to any other UnbiasedAuto marketing program, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) any and all fees otherwise payable to you under this Agreement, whether or not directly related to such violation.
3. UnbiasedAuto CustomersOur customers are not, by virtue of your participation in the Affiliate Program, your customers. As between you and us, all pricing, terms, policies, and operating procedures concerning customer orders, customer service, and any other byproduct set forth by UnbiasedAuto will apply to those customers, and we may change them at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with an UnbiasedAuto operations, functions or inquiries, you will state that those customers must follow contact directions on that UnbiasedAuto Site to address customer service issues.
4. PaymentAffiliates will be paid for customers that have purchases a “Buyer’s Package”, either Lifetime or One Time use, and lists the affiliate as person or entity that referred them.
Affiliate payments will come through Tango Cards https://www.tangocard.com/ to the email provided in the affiliate registration. It is the affiliate participant’s responsibility to keep profile information up to date. Payments will generally be made within 5 days on the customer’s purchase. UnbiasedAuto reserves the right to make payments up to 30 days after the customer’s transaction or reasonable time. See section 4.2 for additional payment exclusions.
If the affiliate participant exceeds more than $500 in payments in a month, the participant may request additional payment methods by emailing [email protected]. Additional payment methods must be approved in writing.
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Affiliates Program, and we will not be liable for any actions you undertake based on your expectations.
4.1 Fee Schedule
Package
Product Price
Affiliate Payment
Lifetime Membership Buyer’s Package
$89.00
$10.00
One Time Use Membership Buyer’s Package
$19.00
$10.00
UnbiasedAuto reserves the right to update the fee payment schedule at any point without notice. Fee schedules will always be posted on the Affiliates site.
4.2 Taxes
Affiliate participant recognized that affiliate payments paid through but not limited to Tango Cards, check, wire transfer, and direct deposit, is income. Once an affiliate participant reaches $500 of payments within a calendar year, UnbiasedAuto reserves the right to withhold payments until the participant provides a W-9. In return, UnbiasedAuto will issue a 1099 by Jan 31st for the appropriate tax reporting year.
5. Identifying Yourself as an AffiliateExcept for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Affiliate Program. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, have an employee relationship or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
6. Non-CompeteYou agree that, during the term of your membership or use of any UnbiasedAuto resource for 12 months after, regardless of the reason for the relationship termination, you will not, directly or indirectly, anywhere in the Territory, share any information with any competitive businesses, or their agents, that perform the same or substantially the same functions. You also agree to not attempt to reverse engineer or attempt to recreate any UnbiasedAuto business function as a new service or addition to current operations of any kind. 7. Term and TerminationThe term of this Agreement will begin upon your registration on or use of the Affiliates site and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You can provide termination notice by emailing [email protected].
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations or refunds).
Upon any termination of this Agreement, rights and obligations of the parties in regards to any and all licenses granted in connection with this Agreement, will be extinguished. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
7. DisclaimersYOUR CONTINUED PARTICIPATION IN THE AFFILIATES PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6. THE AFFILIATES PROGRAM, THE UNBIASEDAUTO SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE UNBIASEDAUTO SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE UNBIASEDAUTO MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTIES RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATES PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE AFFILIATES PROGRAM, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, PROGRAM POLICIES, THE AFFILIATES SITE, OR ANY UNBIASEDAUTO SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATES PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AFFILIATES PROGRAM. NOTHING IN THIS PARAGRAPH WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitations on LiabilityNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE OR INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
9. Indemnification and Dispute ResolutionA dispute is defined as but not limited to any claim in contract, tort, statute or otherwise between us that emerges out of or has relation to these Terms and your use of any UnbiasedAuto resource or other party. This definition also includes any disagreement with the understanding and scope of the agreement to arbitrate and the arbitrability of any dispute. A single arbitrator will conduct the arbitration per the American Arbitration Association rules. For additional information on fees and rules of arbitration, you may visit www.adr.org. You may suggest another arbitration organization for our approval. The arbitration hearing will be held in the federal district of Western Oklahoma unless agreed upon by UnbiasedAuto. With the exception of any limited right to appeal under the Federal Arbitration Action, the arbitrator’s award will be final and binding on you and us. A dispute that is a small claim under applicable law does not require arbitration but either party may request arbitration if any dispute no longer qualifies as a small claim. A dispute may no longer qualify as a small claim if either party brings a counter-claim or you seek class relief.
With respect to any dispute, you agree to first contact [email protected] and work with UnbiasedAuto in good faith to resolve or attempt to resolve the dispute. In any circumstance where you and UnbiasedAuto are unable to resolve a dispute, either party may request to submit any dispute to binding, individual arbitration.
YOU FORGO AND SURRENDER YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION. THIS ALSO MEANS THAT YOU MAY NOT SERVE AS A CLASS REPRESENTATIVE. YOU ALSO MAY NOT PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL WITH RESPECT TO ANY DISPUTE. This is referred to as a “Class Action Waiver.”
All parties must pay their own attorney’s fees or costs, including expert fees and other fees, as applicable laws allow. You must also pay up to $500 of the filing and hearing fee. UnbiasedAuto will advance any part of your filing and hearing fee exceeding that amount. If we prevail in arbitration, the arbitrator may require you to reimburse UnbiasedAuto for fees we advanced and attorney’s fees and costs within reason. You are not required to pay any costs and fees that you would not be required to pay if you brought the dispute in court. You also will not pay any amount in regards to costs and fees not allowed by applicable law. UnbiasedAuto will also pay amounts the arbitrator requires UnbiasedAuto to pay to ensure this agreement to arbitrate is binding and enforceable.
By visiting or using the Sites or Services, you agree that the laws of the State of Oklahoma, without regard to its choice of law principles, will govern these Terms. Any arbitration under these Terms will be governed by The Federal Arbitration Act and not by any state law concerning arbitration. The arbitrator must apply substantive Oklahoma governing law and honor applicable statutes of limitations and claims of privilege.
This agreement to arbitrate is unenforceable if an arbitrator or court declares the Class Action Waiver unenforceable. Under any circumstance, if any other part of this agreement to arbitrate becomes unenforceable, the remaining will be enforceable.
10. Additional ProvisionsBy accepting this Agreement, you hereby consent to us: (a) sending you emails relating to the Affiliates Program from time to time, (b) monitoring, recording, using, and disclosing information about your Site and users of your Site that we obtain in connection with your display of Special Links and Content (for example, that a particular UnbiasedAuto customer clicked through a Special Link from your Site before buying a Product on the UnbiasedAuto Site), (c) reviewing, monitoring, crawling, and otherwise investigating your Site to verify compliance with this Agreement, and (d) using, reproducing, distributing, and displaying your implementation of Content displayed on your Site as examples of best practices in our educational materials.
You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) 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, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement or accessible on the Affiliate Site, including any updates of the Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. In the event of a conflict between this agreement and your agreement with an UnbiasedAuto affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Affiliates Program and supersedes all prior agreements and discussions.
Whenever used in this Agreement, the terms “include(s)”, “including”, and “for example” are used and intended without limitation.
All non-public information provided by us in connection with this Agreement or the Affiliates Program is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under this Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your Site or otherwise, that contradicts or may contradict anything in this paragraph. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
Updated: 8/20/18
Welcome to UnbiasedAuto’s website for affiliate marketing, where you can manage your affiliate marketing relationship with UnbiasedAuto Services LLC.
Any person or entity that participates or attempts to participate in our affiliate marketing program must accept this agreement as the affiliate Operating Agreement without any alterations. By registering for or using the Affiliates Site, you agree to this Agreement, including the websites terms and conditions.
1. Description of the Affiliates ProgramThe Affiliate Program permits you to monetize your website, social media, or other advertising mediums, by placing site links to the UnbiasedAuto.com website or any other U.S.
When the customer purchases a buyer’s package (one time use or lifetime), you can receive program fees for approved purchases. In order to facilitate your advertisements, we may make available to you data, images, text, link formats, widgets, links, marketing content, and other linking tools, application program interfaces, and other information in connection with the Affiliates Program. Provided content specifically excludes any data, images, text, or other information or content relating to offerings on any site other than the UnbiasedAuto’s Affiliate Program page.
2. Affiliates Program Compliance RequirementsYou must comply with this Agreement, to participate in the Affiliate Program and receive fees.
You must promptly provide us with any information or documentation that we request to verify your compliance with this Agreement or any legal requirements.
If you violate this Agreement, any laws, or if you violate terms and conditions applicable to any other UnbiasedAuto marketing program, in addition to any other rights or remedies available to us, we reserve the right to withhold (and you agree you will not be eligible to receive) any and all fees otherwise payable to you under this Agreement, whether or not directly related to such violation.
3. UnbiasedAuto CustomersOur customers are not, by virtue of your participation in the Affiliate Program, your customers. As between you and us, all pricing, terms, policies, and operating procedures concerning customer orders, customer service, and any other byproduct set forth by UnbiasedAuto will apply to those customers, and we may change them at any time. You will not handle or address any contacts with any of our customers, and, if contacted by any of our customers for a matter relating to interaction with an UnbiasedAuto operations, functions or inquiries, you will state that those customers must follow contact directions on that UnbiasedAuto Site to address customer service issues.
4. PaymentAffiliates will be paid for customers that have purchases a “Buyer’s Package”, either Lifetime or One Time use, and lists the affiliate as person or entity that referred them.
Affiliate payments will come through Tango Cards https://www.tangocard.com/ to the email provided in the affiliate registration. It is the affiliate participant’s responsibility to keep profile information up to date. Payments will generally be made within 5 days on the customer’s purchase. UnbiasedAuto reserves the right to make payments up to 30 days after the customer’s transaction or reasonable time. See section 4.2 for additional payment exclusions.
If the affiliate participant exceeds more than $500 in payments in a month, the participant may request additional payment methods by emailing [email protected]. Additional payment methods must be approved in writing.
We do not make any representation, warranty, or covenant regarding the amount of traffic or fees you can expect at any time in connection with the Affiliates Program, and we will not be liable for any actions you undertake based on your expectations.
4.1 Fee Schedule
Package
Product Price
Affiliate Payment
Lifetime Membership Buyer’s Package
$89.00
$10.00
One Time Use Membership Buyer’s Package
$19.00
$10.00
UnbiasedAuto reserves the right to update the fee payment schedule at any point without notice. Fee schedules will always be posted on the Affiliates site.
4.2 Taxes
Affiliate participant recognized that affiliate payments paid through but not limited to Tango Cards, check, wire transfer, and direct deposit, is income. Once an affiliate participant reaches $500 of payments within a calendar year, UnbiasedAuto reserves the right to withhold payments until the participant provides a W-9. In return, UnbiasedAuto will issue a 1099 by Jan 31st for the appropriate tax reporting year.
5. Identifying Yourself as an AffiliateExcept for this disclosure, you will not make any public communication with respect to this Agreement or your participation in the Affiliate Program. You will not misrepresent or embellish our relationship with you (including by expressing or implying that we support, sponsor, have an employee relationship or endorse you), or express or imply any affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
6. Non-CompeteYou agree that, during the term of your membership or use of any UnbiasedAuto resource for 12 months after, regardless of the reason for the relationship termination, you will not, directly or indirectly, anywhere in the Territory, share any information with any competitive businesses, or their agents, that perform the same or substantially the same functions. You also agree to not attempt to reverse engineer or attempt to recreate any UnbiasedAuto business function as a new service or addition to current operations of any kind. 7. Term and TerminationThe term of this Agreement will begin upon your registration on or use of the Affiliates site and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You can provide termination notice by emailing [email protected].
We may hold accrued unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (for example, to account for any cancellations or refunds).
Upon any termination of this Agreement, rights and obligations of the parties in regards to any and all licenses granted in connection with this Agreement, will be extinguished. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination.
7. DisclaimersYOUR CONTINUED PARTICIPATION IN THE AFFILIATES PROGRAM FOLLOWING THE EFFECTIVE DATE OF SUCH NOTICE WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATIONS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 6. THE AFFILIATES PROGRAM, THE UNBIASEDAUTO SITE, ANY PRODUCTS AND SERVICES OFFERED ON THE UNBIASEDAUTO SITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, OUR AND OUR AFFILIATES’ DOMAIN NAMES, TRADEMARKS AND LOGOS (INCLUDING THE UNBIASEDAUTO MARKS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTIES RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE AFFILIATES PROGRAM (COLLECTIVELY THE “SERVICE OFFERINGS”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE OFFERINGS. WE AND OUR AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY LAW, CUSTOM, COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY OR THROUGH THE AFFILIATES PROGRAM, CONTENT, THE PRODUCT ADVERTISING API, DATA FEED, PRODUCT ADVERTISING CONTENT, PROGRAM POLICIES, THE AFFILIATES SITE, OR ANY UNBIASEDAUTO SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATES PROGRAM, OR (Z) ANY TERMINATION OR SUSPENSION OF YOUR PARTICIPATION IN THE AFFILIATES PROGRAM. NOTHING IN THIS PARAGRAPH WILL OPERATE TO EXCLUDE OR LIMIT WARRANTIES, LIABILITIES, OR REPRESENTATIONS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitations on LiabilityNEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THE SERVICE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THE SERVICE OFFERINGS WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED. YOU HEREBY WAIVE ANY RIGHT OR REMEDY IN EQUITY, INCLUDING THE RIGHT TO SEEK SPECIFIC PERFORMANCE OR INJUNCTIVE OR OTHER EQUITABLE RELIEF IN CONNECTION WITH THIS AGREEMENT. NOTHING IN THIS PARAGRAPH WILL OPERATE TO LIMIT LIABILITIES THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.
9. Indemnification and Dispute ResolutionA dispute is defined as but not limited to any claim in contract, tort, statute or otherwise between us that emerges out of or has relation to these Terms and your use of any UnbiasedAuto resource or other party. This definition also includes any disagreement with the understanding and scope of the agreement to arbitrate and the arbitrability of any dispute. A single arbitrator will conduct the arbitration per the American Arbitration Association rules. For additional information on fees and rules of arbitration, you may visit www.adr.org. You may suggest another arbitration organization for our approval. The arbitration hearing will be held in the federal district of Western Oklahoma unless agreed upon by UnbiasedAuto. With the exception of any limited right to appeal under the Federal Arbitration Action, the arbitrator’s award will be final and binding on you and us. A dispute that is a small claim under applicable law does not require arbitration but either party may request arbitration if any dispute no longer qualifies as a small claim. A dispute may no longer qualify as a small claim if either party brings a counter-claim or you seek class relief.
With respect to any dispute, you agree to first contact [email protected] and work with UnbiasedAuto in good faith to resolve or attempt to resolve the dispute. In any circumstance where you and UnbiasedAuto are unable to resolve a dispute, either party may request to submit any dispute to binding, individual arbitration.
YOU FORGO AND SURRENDER YOUR RIGHT TO PARTICIPATE IN ANY CLASS ACTION. THIS ALSO MEANS THAT YOU MAY NOT SERVE AS A CLASS REPRESENTATIVE. YOU ALSO MAY NOT PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS OR ACT AS A PRIVATE ATTORNEY GENERAL WITH RESPECT TO ANY DISPUTE. This is referred to as a “Class Action Waiver.”
All parties must pay their own attorney’s fees or costs, including expert fees and other fees, as applicable laws allow. You must also pay up to $500 of the filing and hearing fee. UnbiasedAuto will advance any part of your filing and hearing fee exceeding that amount. If we prevail in arbitration, the arbitrator may require you to reimburse UnbiasedAuto for fees we advanced and attorney’s fees and costs within reason. You are not required to pay any costs and fees that you would not be required to pay if you brought the dispute in court. You also will not pay any amount in regards to costs and fees not allowed by applicable law. UnbiasedAuto will also pay amounts the arbitrator requires UnbiasedAuto to pay to ensure this agreement to arbitrate is binding and enforceable.
By visiting or using the Sites or Services, you agree that the laws of the State of Oklahoma, without regard to its choice of law principles, will govern these Terms. Any arbitration under these Terms will be governed by The Federal Arbitration Act and not by any state law concerning arbitration. The arbitrator must apply substantive Oklahoma governing law and honor applicable statutes of limitations and claims of privilege.
This agreement to arbitrate is unenforceable if an arbitrator or court declares the Class Action Waiver unenforceable. Under any circumstance, if any other part of this agreement to arbitrate becomes unenforceable, the remaining will be enforceable.
10. Additional ProvisionsBy accepting this Agreement, you hereby consent to us: (a) sending you emails relating to the Affiliates Program from time to time, (b) monitoring, recording, using, and disclosing information about your Site and users of your Site that we obtain in connection with your display of Special Links and Content (for example, that a particular UnbiasedAuto customer clicked through a Special Link from your Site before buying a Product on the UnbiasedAuto Site), (c) reviewing, monitoring, crawling, and otherwise investigating your Site to verify compliance with this Agreement, and (d) using, reproducing, distributing, and displaying your implementation of Content displayed on your Site as examples of best practices in our educational materials.
You acknowledge and agree that (a) we and our affiliates may at any time (directly or indirectly) solicit traffic on terms that may differ from those contained in this Agreement, (b) we and our affiliates may at any time (directly or indirectly) operate sites or applications that are similar to or compete with your Site, (c) 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, and (d) any determinations or updates that may be made by us, any actions that may be taken by us, and any approvals that may be given by us under this Agreement can be made, taken, or given in our sole discretion and are only effective if provided in writing by our authorized representative.
You may not assign this Agreement, by operation of law or otherwise, without our express prior written approval. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
This Agreement incorporates, and you agree to comply with, the most up-to-date version of all policies, appendices, specifications, guidelines, schedules, and other rules referenced in this Agreement or accessible on the Affiliate Site, including any updates of the Policies from time to time. In the event of any conflict between this Agreement and any Program Policy, this Agreement will control. In the event of a conflict between this agreement and your agreement with an UnbiasedAuto affiliate under a separate affiliate marketing program that agreement will control with respect to such separate program. This Agreement (including the Program Policies) is the entire agreement between you and us regarding the Affiliates Program and supersedes all prior agreements and discussions.
Whenever used in this Agreement, the terms “include(s)”, “including”, and “for example” are used and intended without limitation.
All non-public information provided by us in connection with this Agreement or the Affiliates Program is considered confidential information, and you will maintain the same in strict confidence and not disclose the same to any third party (other than your affiliates) or use the same for any purpose other than your performance under this Agreement, which restriction will be in addition to the terms of any confidentiality or non-disclosure agreement between the parties.
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your Site or otherwise, that contradicts or may contradict anything in this paragraph. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
Updated: 8/20/18