13. The Affiliate is solely responsible for compliance with all provisions of this Agreement regarding messaging content sent by the Affiliate via AIF`s affiliate delivery system. All controversies, disputes or claims between AIF and another party arising out of a business relationship between AIF or concerning a business relationship between AIF shall be settled by binding arbitration. The arbitration shall be conducted in accordance with the procedures of the American Arbitration Association. This arbitration agreement shall not lead to the waiver or modification of the right of any of the parties to any proceedings before a court of the same jurisdiction as set out in these Rules, in order to assert the outstanding debts of money of either party, as awarded by the arbitrator following compulsory arbitration proceedings. The parties agree on such a place as the jurisdiction of the parties. 30. AIF is not liable for any indirect, random, special or consequential damages or loss of profits resulting from this Agreement or this program or program, even if AIF have been advised of the possibility of such damages. In any event, the overall liability of THE AIF resulting from this Agreement or this Programme shall in no event exceed the total commissions paid or payable by the AIPs under this Agreement. 49. This Agreement shall be governed by and construed in accordance with the laws of the State of Nebraska, unless the laws of the State in which the Affiliate is domiciled expressly require the application of its laws.
This Agreement shall also be governed by and construed in accordance with the laws of the United States of America. For the purposes of this Agreement, SPAM is defined as the e-mail, fax or telephony of EVERYONE, in large quantities or individually, in violation of any anti-spamming laws or regulations in force for the country, state, county and city where the intended recipient resides. The Affiliate is required to seek out and comply with all laws relating to unwanted commercial emails. Under U.S. law, it is illegal to use „a phone, fax machine, computer, or other device to send unwanted advertising. E-mail advertising is any messaging message whose main purpose is to promote, directly or indirectly, the sale or distribution of goods or services to the recipient. (CAN-SPAM Act 2003). Any breach of any provision of this Agreement may result in the freezing or termination of your affiliate account, including loss of future commissions. SFI also reserves the right to take legal action against any affiliate that violates the provisions of this Agreement. SFI reserves the right to amend this Agreement from time to time if necessary, and the Affiliate agrees that such modification shall apply to the Affiliate. The maintenance of Affiliate status or the acceptance of income or bonuses by the Affiliate is the Affiliate`s acceptance of all changes.
34. SFI and the Affiliate reserve the right to terminate this agreement at any time. The term of this Agreement shall be valid for a period of one year from the date of this Agreement and shall be automatically renewed on each anniversary without further action by the Parties, unless either Party has terminated this Agreement in writing to the other Party. In the event of termination, unpaid commissions will be paid at the time of termination of the next payment, as long as the terms of this agreement have not been violated by the Affiliate. Payment of the final commission to the Affiliate may be withheld for a reasonable period of time to ensure that the appropriate amount is paid. 26. SFI reserves all rights to its trademarks and service marks, but may be used by the Affiliate in accordance with this Agreement. . . .