Nothing in this Policy, including this Section 4.3, shall attempt to exclude or limit liability that cannot be excluded or limited under applicable law including without limit, death or personal injury caused by a party’s negligence, or for fraudulent conduct. Subject to this, and to the maximum extent permitted under applicable law, Stiffies will not be liable for indirect, special or consequential damages arising in connection with this Policy, the Affiliates Program, or Snowball, even if Stiffies has been advised of the possibility of such damages. Further, subject to the preceding parts of this paragraph, Stiffies' aggregate liability arising with respect to this Affiliates Policy, and your participation in the Affiliates Program, will not exceed the total commissions paid to you in the previous six (6) months preceding any claim. All claims made hereunder by you against Stiffies shall be made within 120 days of the act or omission, which forms the basis of such claims.
4.4 Representations and Warranties.
You represent and warrant that (a) you have the authority to participate in the Affiliates Program and enter into this Agreement and have sufficient rights to grant any licenses express herein, (b) you shall, in the performance of all of your rights and obligations under this Agreement, comply with all applicable laws, rules, and regulations and codes of practice, (c) any material or communication which is displayed or used by you in connection with the Affiliates Program 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) be defamatory or libelous; (iii) be lewd, pornographic, or obscene; (iv) violate any laws, including those regarding unfair competition, antidiscrimination, consumer financial protection or false advertising; (v) promote violence or contain hate speech; (vi) promote discrimination, based on race, age, sex, religion, nationality, sexual orientation, gender expression or disability; or (vii) contain viruses, trojan horses, worms, time bombs, cancelbots, or other similarly harmful or deleterious programming routines.
STIFFIES MAKES NO REPRESENTATIONS OR WARRANTIES TO YOU, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. STIFFIES MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE AFFILIATES PROGRAM OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE AFFILIATES PROGRAM, OR AS TO ANY COMMISSIONS THAT YOU MAY EARN THROUGH THE AFFILIATES PROGRAM, OR THAT ANY STIFFIES SITE, AFFILIATES PROGRAM SITE OR NETWORK WILL BE UNINTERRUPTED OR ERROR-FREE, AND STIFFIES WILL NOT BE RESPONSIBLE FOR CONSEQUENCES OR ANY INTERRUPTIONS OR ERRORS.
5.5 Governing Law, Jurisdiction, and Venue
This Affiliates Policy is governed by the laws of the State of Wyoming, without regard to its conflict of laws rules, and the laws of the United States of America. Any action relating to this Policy or your participation in the Affiliates Program must be brought only in the federal or state courts located in Sheridan, WY and you irrevocably consent to the jurisdiction of such courts.
6. Related Policies; Contact & Communications
The Affiliates Program platform is operated by Snowball, a third party. In order to enroll in the Affiliates Program, you may be required to enter into a separate agreement with Snowball, which we strongly recommend you read carefully. Stiffies does not control Snowball and is not responsible for any activity by Snowball.
Stiffies may contact Affiliates directly with essential program updates and offers. If you no longer consent to be contacted or wish to leave the program, you must send an email to affiliates@Stiffies.co. Even if you opt-out of receiving promotional emails, you may still receive transactional emails related to your account or participation in the program.
Any exceptions to this Policy are effective only if expressly made in writing by Stiffies.
Stiffies reserves the right to change or modify the terms and conditions contained in this Affiliates Policy, at any time. Any changes or modifications will be effective upon posting of the revisions through Snowball and/or Stiffies Site. By continuing to participate in the Affiliates Program after such time, you will be deemed to have accepted such changes.
Stiffies' Affiliate team can be reached at affiliates@Stiffies.co.
Last updated on Aug 13, 2024