Either the affiliate or Lenka’s List may terminate this Agreement at any time, with or without cause, by giving the other a written notice of termination.
Neither Lenka’s List nor the affiliate will be liable to the other for any indirect, special, punitive or consequential damages (including, without limitation, lost profits or lost data) arising out of this agreement.
The affiliate is solely responsible for doing all their diligence including but not limited to intellectual property.
Lenka’s List entire liability arising from this agreement whether in contract or tort, will not exceed the amounts payable to affiliate hereunder.
Lenka’s List will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Program will be deemed customers of Lenka’s List. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.
The laws of the state of California govern this agreement and any agreements entered into as a result of Lenka’s List (without giving effect to its conflicts of laws principles). Both parties consent to the personal jurisdiction of the state and the federal courts of Riverside.
The affiliate expressly acknowledges and agrees that all rights under section 1542 of the California Civil Code are expressly waived. This section includes: Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Riverside county before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
The affiliate agrees not to engage in any form of conduct or make any representation that disparage or otherwise harm Lenka’s List reputation, good will or commercial interest.
The affiliate and Lenka’s List are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between the affiliate and Lenka’s List.
Lenka’s List agree to indemnify, defend and hold the affiliate harmless from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party.
The affiliate agrees to indemnify, defend and hold harmless Lenka’s List and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney's fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party.
If any provision of this Agreement will be declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.