Blog preparation Acceptance Agreement
 
This Blog preparation Acceptance Agreement,(hereinafter as "Agreement") together with any other documents and/or policies (which are incorporated or referenced herein) is made between Blog preparation, LLC (hereinafter as "we", "us" ,"our" and "BLOGPREPARATION") and You (hereinafter "you" and "your") as of the date you register with BLOGPREPARATION. The parties agree to the following terms electronically:
 
I. Blog preparation Responsibilities.
 
Blog preparation will use commercially reasonable efforts to create and host a blog (hereinafter as "Website") configured and/or marketed as a member of a selected industry or industries. (Hereinafter as "Industry.") Such Company will make available products and services for sale to customer(s) to which you market through your Website. If an Affiliate Company is utilized, they will display the products, determine product pricing, describe shipping & handling charges, and provide other support services, such as customer purchase- order processing, credit-card processing, other fulfillment activities, and delivery, cancellation and return services. In addition, the Affiliate Company will provide you with online reports summarizing your sales activity. The Affiliate Company reserves the right to reject any customer order if it does not comply with the Affiliate Company's requirements. Product prices and availability may vary from time-to-time. The Affiliate Company will use commercially reasonable efforts to provide accurate information regarding products, but does not guarantee the price or availability of, or the accuracy of, any information regarding any product. The Affiliate Company is not the manufacturer of any product offered on their website. For details on Affiliate Company specifications please reference such Affiliate Company's individual agreement.
 
2. Your Representations & Responsibilities.
 
You represent to Blog preparation and/or the Affiliate Company that you are at least 18 years old, and that all the information you have provided to Blog preparation and/or the Affiliate Company is accurate, true and complete. You acknowledge that you are an independent contractor and not an agent or legal representative of Blog preparation and/or the Affiliate Company that you have independently evaluated the desirability of entering into this Agreement and are not relying on any representation, guarantee, or statement other than what is expressed in this Agreement. You acknowledge that in the event you receive any commissions or payments from the Affiliate Company that you are responsible for your own income tax payments, self-employment taxes, and/or other local fees or taxes. It is your sole responsibility, and not Blog preparation, to promote and market your Website business. Any and all promotional activities you undertake will be subject to this Agreement. You agree to be in compliance with all applicable BLOGPREPARATION policies (including but not limited to Blog preparation Code of Conduct), operating procedures, and/or other posted or referenced requirements, as well as all federal, state and local laws and regulations. You are solely responsible for any information you make available in connection with the products (including, but not limited to, any difference between the actual prices of the products as generally made available by the Affiliate Company) and any customer's reliance on that information. You may not change, edit, or otherwise modify the Pay-To name associated with your affiliate membership without the prior written approval of Blog preparation.
 
3. Blog preparation’s Intellectual Property.
 
Blog preparation, LLC is the exclusive owner of Blog preparation Website Business and/or has the right to offer the Website(s) and its related services to you (including, but not limited to, any and all of its related components, software, technology, parts,
Products, supplier information, fulfillment functions, Blog preparation Content, as defined herein, etc.) You acknowledge and agree that you have no right to or title to any of Blog preparation’s Intellectual Property, except as otherwise expressly set forth in this Agreement. In addition, you agree not to copy, reverse engineer, disassemble, decompile, modify, alter and/or translate all or any part of Blog preparation’s Intellectual Property. You may not modify the Website(s), rent, lease, copy, distribute, publish, replicate and/or use any of the product displays, descriptions and/or other Website(s) content, as defined herein, unless specifically authorized by this Agreement. Except as provided herein; each Party reserves all its respective rights, title, and ownership in its respective intellectual property.
 
5. Affiliate Programs
 
For customers' purchases, the Affiliate Company is the merchant- of- record for all fulfillment activities; so, customers shall be required to comply with: (a) all the Affiliate Company website requirements, policies, terms, and operating procedures; and (b) all data collected through their website, including, but not limited to, customer product purchase information, and shall remain the sole property of the Affiliate Company. You will not have any right, title and/or interest of any nature in any of this data.
 
 
6. Specifically Prohibited Activities.
 
Without limiting any other provisions of this Agreement:
  Because you will not be responsible for any aspect of order processing or fulfillment, you agree not to make any statement, whether on your Website(s), on your advertising or otherwise, representing or implying that you are responsible for order processing and/or fulfillment; and
 Because you understand that federal and state laws seek to protect consumers from misleading advertising, you agree not to make any statement, whether on your Website(s), on your advertising, or otherwise, that could be interpreted as a representation or warranty regarding any product.
 
7. Nondisclosure.
 
You acknowledge that during the term of this Agreement, you may obtain confidential and/or proprietary information relating to Blog preparation, the Affiliate Company(s), and/or the Website ("Proprietary Information"). Such Proprietary Information shall belong solely to Blog preparation. Proprietary Information may include, but is not limited to:
 
(a) technical information, functional and/or technical specifications; data, tool, function, integration and/or report customization, manipulation or enhancement; designs, software, code, network, look & feel, analysis, research, processes, computer programs, methods, ideas, Work as defined below, "know-how," and the like;
(b) Business information, including sales and marketing. Product supplier information and/or product research & information, competitive analysis, materials, plans, strategies, projections, accounting and financial information, product, customers, vendors, suppliers, and distributors' information, personnel records and the like;
 
(c) third-party, confidential information that Affiliate Company(s) has a duty to
Maintain as confidential and has informed you of that duty;
(d) Blog preparation’s Intellectual Property and Website Content, as defined herein. Other confidential and/or private information, as defined under federal and state privacy laws and regulations; and
(e) Other valuable information designated by Blog preparation as confidential
Information, expressly or by the circumstances in which it is provided to you.
 
Proprietary Information shall not include information that is or becomes publicly known through no wrongful act of your own or of other members of the Affiliate Company's. You shall not disclose Proprietary Information to third parties without the prior written consent of Blog preparation, and you agree to undertake reasonable measures to ensure that the Proprietary Information is kept confidential. You also agree to report immediately to Blog preparation any unauthorized disclosure of Proprietary Information of which you have knowledge. You acknowledge and agree that, due to the unique nature of the
Affiliate Company(s), the Website, and any Proprietary Information, there can be no adequate remedy at law for any breach of your obligations hereunder; that any such breach may allow you or third parties to unfairly compete with Blog preparation resulting in irreparable harm to Blog preparation; and therefore that, upon any such breach or threat thereof, Blog preparation shall be entitled to injunctions and other appropriate equitable relief, in addition to whatever remedies it may have at law.
 
8. Warranty Disclaimer.
 
(a) Blog preparation has no control over the conditions under which you configure, operate, manage, or otherwise use or interact with specific industries and or Affiliate Company(s) and does not and cannot warrant the results obtained or not obtained by such use or interaction. BLOGPREPARATION DOES NOT WARRANT THAT YOUR USE OF OR INTERACTION WITH THE AFFILIATE COMP ANY(S) OR THE WEBSITE WILL BE UNINTERRUPTED OR THAT THE OPERATION OF THE AFFILIATE COMP ANY(S) OR THE WEBSITE WILL BE ERROR-FREE OR SECURE. BLOGPREPARATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED,
 
RELATING TO THE AFFILIATE COMP ANY(S), THE WEBSITE, OR ANY PRODUCT SOLD THROUGH THE AFFILIATE COMP ANY(S) OR THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND
 
ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE. YOU ACKNOWLEDGE THAT THE AFFILIATE COMP ANY(S), THE WEBSITE, AND ALL COMPONENT PARTS THEREOF ARE PROVIDED "AS-IS" AND MAY NOT BE FUNCTIONAL ON ANY MACHINE OR IN ANY ENVIRONMENT. YOU ASSUME ALL RISK OF THE USE, QUALITY, AND PERFORMANCE OF THE AFFILIATE COMP ANY(S) AND THE WEBSITE. YOU FURTHER ACKNOWLEDGE THAT BLOGPREPARATION IS NOT THE
MANUF ACTURER OF ANY PRODUCT AND BEARS NO RESPONSIBILITY FOR (A) ANY DEFECTIVE PRODUCT, OR (B) THE PURCHASE OF (OR INABILITY TO PURCHASE) ANY PRODUCT. YOU AGREE THAT ANY DISPUTE REGARDING ANY PRODUCT SHALL BE DIRECTED TO THE MANUFACTURER OR SUPPLIER OF THE PRODUCT AND NOT TO BLOGPREPARATION.
 
 
9. Limitation of Remedies and Damages.
 
IN NO EVENT SHALL BLOGPREPARATION, ITS SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS AND/OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY LOST PROFITS OR FOR ANY INDIRECT, INCIDENTAL, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE AFFILIATE COMP ANY(S), THE WEBSITE, ANY PRODUCT, THE USE OF ANY PRODUCT, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. BLOGPREPARATION SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR ACTIVITIES, YOUR USE OR OPERATION OF THE WEBSITE OR BLOGPREPARATION'S DELAY IN FURNISHING ANY PERFORMANCE UNDER THIS AGREEMENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE AFFILIATE COMPANY(S) OR THE WEBSITE IS
 
TO TERMINATE THIS AGREEMENT, PURSUANT TO SECTION 16 BELOW. IN NO EVENT SHALL BLOGPREPARATION'S LIABILITY EXCEED THE TOTAL AMOUNT OF THE WEBSITE(S) STARTUP FEES. BLOGPREPARATION WILL NOT REFUND ANY ADVERTISING COSTS INCURRED BY YOU. (For questions regarding liability and disclaimer, you should check with your attorney.)
 
10. Indemnification.
 
You agree to save, defend, indemnify and hold Blog preparation and its subsidiaries, affiliates, suppliers, and agents harmless for, from, and against any and all claims, damages, losses, costs or other expenses (including reasonable attorneys' fees) that arise directly or indirectly out of (a) your breach of this Agreement, (b) your use of the Website(s), (c) your marketing and/or other promotional activities including but not limited to the transmittal of unsolicited bulk e-mail (spamming) that refers to Blog preparation, the Website(s), or the Affiliate Company(s), newsgroup postings, and/or any other method of mass communication.
 
11. Modification & Posting.
 
This Agreement may not be modified, except by a writing signed by an authorized representative of both parties, provided that Blog preparation reserves the right to unilaterally modify, eliminate and/or place any or all of the terms and/or conditions of this Agreement, at any time, in Blog preparation’s sole discretion, by posting a change notice or a new Agreement on our website, through an e-mail or in our Business Package. Any change shall take effect immediately upon our posting of a change notice and/or new Agreement. You agree to periodically review Blog preparation’s website, open pertinent e-mails for modifications to this Agreement.

 
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE RECOURSE IS TO TERMINATE THIS AGREEMENT, PURSUANT TO SECTION 12 BELOW. YOUR CONTINUED OPERATION OF THE WEBSITE(S)
 
FOLLOWING BLOGPREPARATION'S POSTING OF A CHANGE NOTICE OR NEW AGREEMENT WILL BE DEEMED ACCEPTANCE OF SUCH CHANGE NOTICE OR NEW AGREEMENT.
 
12. Termination.
 
This Agreement may be terminated, as follows: (i) by you, at any time and for any reason, by providing Blog preparation with notice, in accordance with Section 17, below; (ii) by Blog preparation, at any time and for any reason. Upon any termination of this Agreement, your access to the Website will terminate; and you will immediately destroy or erase all copies of any Proprietary Information. Upon Blog preparation’s request, promptly confirm destruction of same by signing and returning to Blog preparation an "affidavit of destruction" acceptable to Blog preparation.
 
13. Survival of Certain Provisions.
 
1,2,3,5,6,7,8,9,10,11,12,13,14,
 
14. General.

This Agreement constitutes the entire understanding and Agreement between the parties and supersedes any and all prior or contemporaneous agreements, understandings, or contracts, written or oral, entered into between you and Blog preparation with respect to the subject matter hereof. Blog preparation’s failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of Blog preparation’s right to subsequently enforce such provision or any other provision of this Agreement. No waiver of any breach of this Agreement shall be effective, unless made in writing and signed by an authorized representative of the waiving party. Neither your rights nor your obligations arising under this Agreement are assignable or otherwise transferable by you (whether voluntarily or by operation of law) without Blog preparation’s prior expressed, written consent; and any such prohibited assignment or transfer shall be void and without effect, provided that if Blog preparation should so consent in writing, the Assignee shall be bound by all of the Terms and Conditions of this Agreement. You agree to NOT request a chargeback from your credit card company or our credit card processor. You further agree to give up all rights of requesting a refund from your credit card if that’s how you are paying for our services. All refunds, if applicable will be issued by check, minus the work that has been invested by Blog preparation. You further agree to give up all rights of requesting a refund from your credit card if that’s how you are paying for our services. All wired transactions are final and there will be no refund on your investment. All refunds, if applicable will be issued by check, minus the work that has been invested by Blog preparation.
 
15. Governing Law, Jurisdiction & Venue.
 
Since this Agreement is entered into electronically, the parties specifically agree that this Agreement is entered into in the State of Arizona, U.S.A., and shall be governed by and construed under the substantive laws of the State of Arizona, U.S.A., exclusive of its choice-of-Law rules. You expressly consent to (a) the exclusive jurisdiction and venue of
 
the federal and state courts within the County of Maricopa in the State of Arizona, U.S.A., over any dispute arising out of this Agreement and waive any improper venue or inconvenient forum objections thereto, and (b) service of process being effected upon you by Registered or Certified Mail sent to the most current address for you on file with Blog preparation. If either party is required to retain the services of an attorney to enforce or otherwise litigate or defend any matter or claim arising out of or in connection with this Agreement, then the prevailing party will be entitled to recover from the other party, in addition to any other relief awarded or granted, its reasonable costs and expenses (including attorneys' fees) incurred in the proceeding. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remainder will remain valid and enforceable according to its terms.
 
 
16. Notices.
 
 
Unless otherwise provided herein, any notices required or permitted under this Agreement shall be sent to Blog preparation by Registered or Certified Mail to Blogpreparation LLC P.O.Box 8124 Glendale, AZ 85312, and to you at your most current address that you have on file with Blog preparation. It is your responsibility throughout the term to update and provide Blog preparation with your most current mailing and email address. Blog preparation will periodically send electronic communications via e-mail to you regarding our services and activities.
 
17. Export Controls.
 
During the term of this Agreement and thereafter, you acknowledge that none of the Proprietary Information may be downloaded, transferred or otherwise exported or re-exported (a) into (or to a national or resident of) Cuba, Iran, Libya, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods, as amended; or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders, as amended. You represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, as amended.
 
 
18. Legal Notice.
 
Blog preparation LLC May utilize a 3rd party content-provider; and the following notice applies: You may not modify, copy, scan or use any other method to reproduce, duplicate, translate, republish, transmit or distribute in any way any portion of Blog preparation’s, the Affiliate Company's, and/or the Website technology,. You agree to indemnify, defend and hold harmless Blog preparation and its Affiliate Company(s) against any and all claims, damages, costs or other expenses that arise directly or indirectly out of or from (a) your unauthorized use of such items, (b) your violation of this directive and/or (c) any unauthorized activities by you in connection with your Website business.
 
19. Blog preparation Content.
 
The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Blog preparation, as well as the selection, assembly and arrangement thereof, are referred to collectively as the "Content." The Content may contain errors, omissions, or typographical errors or may be out- of- date. Blog preparation may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Blog preparation in any way, except to the extent that it is specifically indicated to be so. Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Blog preparation or by third parties that have licensed their use to Blog preparation. You may view and use the Content only for your personal information, and for no other purpose; and you shall retain intact all copyright and other proprietary notices. Except as provided in the foregoing, Blog preparation does not grant to you or any person any right to use, reproduce, copy, modify, transmit, publish, sell, license, create derivative works, publicly perform, or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through Blog preparation Website, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in these Terms, or as otherwise expressly permitted in the Content or in writing signed by Blog preparation, is strictly prohibited.
 
20. Copyright
 
All content included on this site, such as text, graphics, logos, button icons, images, and audio clips, digital downloads, data compilations, and software, is the property of Blog preparation or its Content suppliers and is protected by both United States and international copyright laws. The compilation of all content on this site is the exclusive property of Blog preparation and protected by U.S. and international copyright laws. All software used on this site is the property of Blog preparation or its software suppliers and protected by United States and international copyright laws.