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Terms and ConditionsAwesomely, LLC Terms
This Affiliate Program Agreement (the "Agreement") is made and effective on date of acceptance
BETWEEN: Awesomely, LLC (the "Owner"), a corporation organized and existing under the laws of the state of South Carolina, with its head office located at:
103 Palm Blvd Suite 1-B, Isle of Palms, SC 29451
AND: the "Recipient," an individual or entity recognized under applicable law, with a principal office as specified in their provided details.

In consideration of this Agreement terms and covenants, and other valuable consideration, the parties agree as follows:

WHEREAS

a. The name of this affiliate program is the Awesome Affiliate Program (the “Affiliate Program”).
b. The Recipient represents and warrants to the Owner that the Recipient has read and understand the Privacy Policies and agree to the terms set forth therein.
c. In this Agreement:
i. The term “the Recipient” refers to the individual or legal entity who applies for and is accepted into the Affiliate Program.
ii. The term “the Owner” refers to the sponsor of the Affiliate Program.
iii. The term “the Owner’s website(s)” refers to the websites that the Owner maintains, including AwesomeREI.com, Awesomely.com and other website(s) that are directly maintained by the Owner.
iv. The term “the Recipient’s website(s)” refers to any website(s) directly maintained by the Recipient on which the Recipient agrees to place a link to the Owner’s website(s) for purposes of promoting Owner’s products/services related to the Affiliate Program.

1. AFFILIATE PROGRAM REGISTRATION
To register for the Affiliate Program, the Recipient must complete and submit to the Owner an Affiliate Program Application Form, which can be completed and submitted from https://awesomely.com/affiliates

2. APPROVAL OR REJECTION OF AFFILIATE PROGRAM APPLICATION
The Owner reserves the right to approve or reject ANY Affiliate Program Application in its sole and absolute discretion, for any reason or no reason. The Recipient will have no legal recourse against the Owner for the rejection of the Recipient Affiliate Program Application.

3. REASONS FOR REJECTION
The Owner has the ongoing right to reject any application for any reason whatsoever in their sole and absolute discretion, including, but not limited to:
a. Any application that is submitted incomplete or incorrect.
b. If the Recipient’s website(s) contains images or content that is not acceptable to Owner or is inconsistent with the image that the Owner wishes to create in association with its websites.
c. If the Recipient’s website(s) contain any illegal, immoral, repulsive, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious preference.
d. If the Recipient’s site(s) contain any material that appears to Owner to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party.

4. TERMINATION AFTER ACCEPTANCE
Even after the Owner has accepted the Recipient as an Affiliate Program member, the Owner reserves the right to rescind or terminate the Recipient affiliate status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above. Such termination may be exercised by Owner immediately with oral or written (including via e-mail) notice to Recipient.

5. FINANCIAL RESPONSIBILITIES
The Recipient will be fully responsible for all costs and expenses of any attempted promoting/marketing of the Affiliate Program or any of its related products/services, including but not limited to all costs associated with the creations, hosting, modification, and improvements to the Recipient’s website(s), costs of search engine placement and other digital marketing, any paid media through social media or other similar online networks, costs of inserting the Owner’s links into its websites, offline marketing costs, postage costs, and all other costs and expenses, and the Recipient hereby indemnifies and holds the Owner harmless from or against the same.

6. NO REPRESENTATIONS REGARDING INCOME POTENTIAL
The Owner makes no representations or warranties regarding potential income that may result from participation in this Affiliate Program and specifically disclaims any and all warranties relative to earning potential from the Recipient affiliate status or this Agreement.

7. LINKING TO THE OWNER’S SITE
a. As a Program Affiliate, the Recipient will have the responsibility to take commercially reasonable efforts to promote their unique, specifically assigned “Affiliate Links” directing prospects to the Owners online webpages or other digital assets created by the Owner for the marketing and promotion of its related offers.
b. Recipient will place these links on its site(s) and/or within its email marketing and/or other paid media marketing directing users to the Owner’s related site(s) and other digital assets online.
c. The Owner will make available to the Recipient these “Affiliate Links” as text links, button links and/or banner advertisements to be placed on the Recipient’s website(s) or email(s) or other approved marketing channel(s) directing users to Owner’s websites via hypertext link.
d. As a Program Affiliate, the Recipient is given a limited term license, during the term of the Recipient active participation as a Program Affiliate, to utilize the Owner’s related logo images provided to the Recipient on the website and other promotional marketing materials that the Recipient designates in the Recipient Affiliate Program Application. The Recipient may use these images only for the purposes of promoting the Owner’s website(s) and products on the Recipient’s website(s) and other promotional marketing in compliance in all respects with the Affiliate Program policies and procedures and the terms of this Agreement.
e. The Owner makes available to its Program Affiliates, various links, banners, and other information advertising its to be used subject to the terms of this Agreement.
site
i. These materials will contain its trademarks and other proprietary property.
ii. The Recipient may display these materials on the Recipient’s website(s), email(s) or other digital marketing for the purpose of promoting the Owner’s site and participating in this Affiliate Program.
iii. If the Recipient discontinues the Affiliate Program or if the Recipient participation is terminated for any reason, the Recipient will immediately cease using these materials and will delete all such materials from its website and from its computer.

8. EXPLICIT ANTI-SPAM POLICY
The Owner strictly and absolutely forbids the use of unsolicited commercial email (UCE) or SPAM campaigns. The Owner maintains a Zero-Tolerance policy against SPAM, be it direct, third party or any affiliate (Recipient) or similar agent acting on the Recipient's behalf. As such, the Owner reserves the right to terminate any violating Recipient’s account or any part thereof, without notice or compensation.
Any affiliate (Recipients) found to be involved in a SPAM/UCE campaign, including flooding newsgroups, distributing messages to recipients that do not want the information, or who have opted out from such information or communication, or any other abuse contravening UCE legislation will be met as follows:
a. The Recipient’s account will be closed immediately, without burden of notice or compensation.
b. A US$500.00 administration fee will be incurred against the offending Recipient.
c. Our Privacy Policy becomes forfeit, and all pertinent information will be provided to any investigating authorities or anti-Spam organizations.
d. The Recipient will be held accountable for any monetary damages, liabilities and losses suffered by the Owner, sustained through contravention of this Affiliate Program Agreement. This will include, but not limit to punitive damages related to lost clients and brand deterioration.

9. EMAIL CONTENT REQUIREMENTS
When using email as a promotional method, Recipient shall ensure that:
a. Emails comply with all applicable statutes, including CAN-SPAM (15 U.S.C. § 7701) and all state anti-spam laws such as California Business & Professions Code § 17529.
b. Emails have accurate email header information (including source, destination, date and time, and routing information) and accurate, non-misleading subject lines and from lines.
c. Emails not have false or misleading subject lines that attempt to disguise or conceal the content of the email.
d. from Emails include (i) clear and conspicuous notice of the email recipient's ability to opt-out of receiving future emails
Recipient; and, (ii) a functioning return email address or other Internet-based mechanism that a recipient may use to make such an “opt-out” request.
Acceptable methods include (i) having an unsubscribe link in each email delivered which is unique to the email recipient, (ii) having a link to a non-password protected website where the individual can ‘opt-out’ from receiving further email solicitations from Recipient, or (iii) allowing the email recipient to respond to a functioning return electronic email address with a message that is either blank or has ‘Unsubscribe’ in the subject line. In every case, the unsubscribe process must be both easy to use and effective. The opt out mechanism must remain active for at least thirty (30) days from the date of the email.

10. PROMOTING VIA TELEPHONE, VOICEMAIL AND TEXT MESSAGING
The federal Telephone Consumer Protection Act (TCPA; 47 U.S.C. § 227) and its implementing regulations (47 C.F.R. § 64.1200) regulate the use of automatic telephone dialing systems (ATDS) and artificial or prerecorded voices (“prerecorded messages”) in telephone communications.
The Owner strictly forbids the use of telephonic solicitation in violation of these regulations, including, but not limited to:
a. Using an automated system for the selection or dialing of telephone numbers without the receiving party’s prior express written consent.
b. Sending/broadcasting pre-recorded messages of any kind without the receiving party’s prior express written consent.
c. Sending/broadcasting automated or bulk text messages without the receiving party’s prior express written consent.
d. Any violations of the National Do Not Call (DNC) Registry.
The Recipient is strictly prohibited from engaging these methods in promotion of the Owner’s websites, links, products or services contained or referenced within the Affiliate Program. Additionally, the Owner is not responsible for any matter pertaining to the Recipient’s independent violation of these regulations, or any resulting negative outcomes, even if done in the promotion of the Owner’s offer(s).
The Recipient takes full responsibility of any such behavior, assumes full liability for any resulting TCPA/DNC violations, and further indemnifies the Owner from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to the Recipient’s website and business. Such indemnity includes the Owner costs and attorney fees in defending any such matter.
Related references for convenience only (Recipient is strictly responsible for compliance with all applicable laws, regulations and policies):
• https://www.donotcall.gov/
• https://www.law.cornell.edu/uscode/text/47/227 • https://www.law.cornell.edu/cfr/text/47/64.1200
Recipient is strictly responsible for compliance with all applicable laws, regulations and policies when promoting via telephone, voicemail, text messaging, email or any other regulated form of communication or messaging.

11. CUSTOMER SERVICE, TRACKING AND PRICING
a. The Owner will be responsible for handling all customer inquiries, product orders, customer billing and collection, product shipment relative to customers that enter the Owner’s site through the affiliate links from the Recipient’s site or other approved promotional methods.
b. Pricing of the Owner’s products and services is totally within its discretion, and they reserve the right to change the pricing, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the Recipient or users accessing the Owner’s site.
c. The Owner’s only responsibility to the Recipient in this regard is to track customer orders that occur through links from the Recipient’s website(s) and/or other promotional efforts, and to make reports to the Recipient of the commissions due to the Recipient as a result thereof. All such reports shall be un-audited. The Owner will have no obligation to provide the Recipient with any specific information relative to any customer, regardless of whether they access the Owner’s site through the link from the Recipient’s site.
d. The Owner is not responsible for the failure to assign any sale or commissions to the Recipient if they result from the improper link formatting from the Recipient’s promotion(s). The Recipient should assure at all times that links are properly formatted and report any problems that the Recipient may have with the same to the Owner immediately.

12. COMPENSATION
a. Commissions will be paid to the Recipient on a once monthly basis and are based upon either:
i. Revenue Share: A percentage of sales made to users who access the Owner’s site specifically through the Recipient’s uniquely assigned affiliate links, also known as Revshare.
ii. Cost-Per-Acquisition: A set dollar amount per customer, which is also known as CPA.
b. CPA compensation agreements are only considered occasionally and approved by Owner on a case-by-case basis. Unless otherwise clearly outlined on an addendum or amendment attached to this Affiliate Agreement, this arrangement is specifically and exclusively for a Revshare commission compensation to the Recipient.
c. Revshare commissions may be calculated as either (i) a percentage of the gross sales price, or (ii) a flat commission per sale. The specific commission range may vary between different products and promotions, and will not include any commission on shipping/handling, sales tax, packaging, late charges, collection costs, or any other payment made to the Owner that is not the purchase price for the specific product(s) purchased by the referred customer(s).
d. Revshare commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods.
e. The Owner reserves the right to deduct in subsequent months for any commission that the Owner paid that is for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction. Also, the Owner may offset such commission for any amounts owed to Owner.
f. The Owner reserves the right to change and amend the Revshare commissions rate structure at any time, in the Owner’s sole discretion.
g. Commissions will only be paid on sales that are tracked through the Owner’s online tracking system and indicate the Recipient’s uniquely assigned affiliate link as the source. There is no right to commissions if a user later returns to the Owner’s site or another affiliate’s website and makes a purchase through another link or source other than through the Recipient’s website. The Recipient has no right to commissions based upon subsequent sales, even if the customer first arrived at the Owner’s site through the link from the Recipient’s site.
h. The Owner will pay Revshare commissions only upon collection by the Owner.
i. Commissions will be paid to the Recipient on a monthly basis on or about the sixteenth day of the subsequent month only for amounts received by the Owner during the previous month. The Owner does not guarantee an exact date of calculation of commissions or payments, but should typically happen on or by the sixteenth of each month.
j. All payments will be made in United States dollars via ACH, Paypal or company check sent to the address that the Recipient supplied in the Affiliate Program Application. The Owner does not send payment if the total commission due to the Recipient is not at least USD $100.00 (one hundred dollars). Amounts below this will accrue to the Recipient account and payment will be made for the month when the Recipient’s total commissions achieve this minimum. The Owner reserves the right to amend the minimum commission payment amount at any time.

12. COMPENSATION (continued...)
k. In order to receive payment, Recipient is required to submit to Owner, Recipient’s IRS Form W-9 if Recipient is based
in the United States of America, or IRS Form W-8 BEN if Recipient is not based in the United State of America.

13. CUSTOMERS’ PROVENANCE
a. All parties who make purchases through the Owner’s website, regardless of whether they may have originated through the link from the Recipient’s website, are deemed to be the Owner’s customers and not the Recipient’s customers relative to the Owner’s products and services.
b. The Owner will have the right to contact these customers and send future offers to them.
c. The Recipient will have no right to commissions on subsequent purchases that may be made by these customers, except for (i) subsequent purchases that may be explicitly traced through a link from the Recipient’s website at the time of purchase, or (ii) subsequent purchases that may be explicitly traced and linked to new affiliate promotions on behalf of the Owner’s products.
d. Additionally, all such customers and purchases will be subject to the Owner policies, procedures, rules and regulations. The Owner, however, reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to the Owner’s business and sale of products at any time in its sole discretion.

14. TRADEMARKS AND COPYRIGHTS
a. The Recipient will have a non-exclusive, limited term license to use the trademarks, logos, and copyrighted material that the Owner provided to the Recipient for use solely on the webpage(s) and/or other promotional marketing materials that the Recipient designates in the Recipient Affiliate Program Application.
b. The Recipient may not distribute, reproduce, modify, misuse, amend, these images in any way.
c. These items may only be used by the Recipient if they contain a hypertext link to the Owner’s website(s), and exclusively for purposes of promoting the Owner’s website(s) and products in compliance with the Affiliate Program policies, procedures & terms of this Agreement.
d. This license will immediately end upon the termination from the Affiliate Program.
e. The Owner may also terminate this license upon notice to the Recipient in the event that their use of these items does not conform with its standards, which are determined in its sole and absolute discretion.
f. The Recipient agrees that the Owner retains all right, title and interest in and to all such materials. The Owner will retain all goodwill and other value associated with any of these materials. The Recipient will not gain any trademark, copyright or other proprietary rights to such materials. The Recipient agrees not to take any action that is contrary to or inconsistent with the Owner rights to these materials.
g. The Recipient will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative to the Owner or that paints the Owner in a false or negative light.
h. The Owner may revoke the limited license granted hereunder at any time in writing to the Recipient, and upon termination or revocation, the Recipient will immediately cease from any use this material.
i. The Recipient is not permitted to use any of the Owner’s other proprietary materials that are unrelated to the specific offer(s) being promoted by the Recipient, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to the Owner or to any other party and which may appear on the Owner’s websites. Owner shall own all intellectual property, patents, trademarks and copyrights relating to Owner’s business, websites and the like and anything created pursuant to this Agreement.

15. PRODUCT AVAILABILITY
The Owner cannot guarantee product availability, minimum commissions or volume or the term of any price or special promotion or offer.

16. RESPONSIBILITIES
a. The Recipient is responsible for all matters pertaining to their own website(s) and promotional marketing materials, including its development, maintenance, operation and placing links online, in emails or messaging platforms in compliance with the terms of the Affiliate Program.
b. The Recipient is completely responsible for all items that appear on its sites and for assuring that such items do not infringe upon or violate the rights of any other party.
c. The Owner is not responsible for any matter pertaining to the Recipient’s site(s) or the content thereof and the Recipient holds the Owner harmless and indemnifies the Owner from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to the Recipient’s website and business. Such indemnity includes the Owner’s costs and attorney fees in defending any such matter.
d. The Recipient represents and warrants to the Owner that its site does not and will not contain any materials that are illegal and that the Recipient’s site(s) are not operated for an illegal purpose or in an illegal manner.

17. REPRESENTATIONS AND WARRANTIES
The Owner and Recipient both represents and warrants to have the complete power and authority to enter into this Agreement, which constitutes a valid and legally enforceable agreement. The entry of this Agreement has been duly authorized by all necessary corporate or other organizational actions and approvals. The Recipient’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and not in violation of any court or administrative order.

18. TERM
a. The effectiveness of this Agreement shall not commence until the Recipient Affiliate Program Application is accepted by the Owner.
b. The effectiveness and binding effect of this agreement shall occur upon the Owner acceptance of the Recipient Affiliate Program Application.
c. This Agreement shall remain in full force and effect until terminated by the Recipient or by the Owner, either of whom may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination.
d. Notices sent hereunder shall be via Email to the Recipient at the Email address indicated in the Recipient Affiliate Program Application.
e. And any/all notices to the Recipient via Email at such address shall be deemed to be effective notice to the Recipient for all purposes.

19. TERMINATION
a. The Recipient will forfeit all right to receive past commissions that may have accrued if this Agreement is terminated as a result of the Recipient failure to comply with the terms of this Agreement or any policies and procedures of Affiliate Program that may be established and amended by the Owner in its discretion from time to time.
b. If this Agreement is terminated for any other reason, the Recipient will have a right to receive its accrued commissions through the effective date of termination.
c. The Owner has the right to withhold final commission payments for sufficient time in order to assure that the amount paid to the Recipient is accurate and not subject to later adjustment for returns or any other reason.
d. Following final payment, if the Owner determines the commissions amount the Recipient was paid was too high as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from the Recipient to the Owner and the Owner shall have all legal right to receive a refund of such overpaid commission from the Recipient.

20. MODIFICATIONS
The Owner reserves the right in its sole and absolute discretion, to modify any terms and conditions of the Affiliate Program and the terms and conditions of this Agreement upon notice to the Recipient. Notice of any changes may be given via Email to the Recipient or by posting such changes in the Affiliate Program sections of the Owner’s website. Such changes and modifications will take effect upon transmission of Email or posting on the Owner’s website. The Recipient may terminate participation in the Affiliate Program in the event that any of these modifications are unacceptable to the Recipient and such termination shall be the Recipient sole and exclusive remedy. In the event that the Recipient continues to participate in the Affiliate Program following such modifications, the Recipient will be deemed by the Recipient continued participation to accept any and all such changes.

21. LIABILITIES
a. THE OWNER HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEBSITE USING THE LINK FROM THE RECIPIENT’S WEBSITE.
b. FURTHERMORE, THE OWNER SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE RECIPIENT PARTICIPATION IN THE AFFILIATE PROGRAM, THE RECIPIENT ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON THE OWNER’S COURSE OF DEALING OR USAGE OF TRADE.
c. THE OWNER DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
d. THE OWNER SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER THE OWNER WAS OR HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.
e. Without limiting the forgoing, the Owner’s total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by the Owner pursuant to the terms hereof.

22. CONFIDENTIALITY
a. In the event that any information is disclosed to the Recipient through their participation in the Affiliate Program related in any way to the Owner company and business which the Owner deem to be confidential and proprietary, the Recipient agrees to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for the Recipient own purposes.
b. This includes any information regarding the Owner changes or modifications to this Agreement or this Affiliate Program (which the Owner shall have no obligation to make) or any special treatment that the Recipient may receive (which the Owner reserves the right to provide in its sole discretion to any affiliate).
c. Confidential information shall also include any and all information related to the Owner’s business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information which the Owner considers to be confidential and proprietary.
23. INDEMNIFICATION
The Recipient hereby indemnifies and holds the Owner, and all of the Owner stockholders, officers, directors, employees, contractors, affiliates, agents, successors and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that the Owner may incur and which are based in whole or in part upon the Recipient participation in the Affiliate Program, any act or omission of Recipient, any claims that any of the Recipient’s actions or omissions, or trademarks and other proprietary material infringe upon the rights of any other party, the Recipient’s breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the Affiliate Program, or any claim related directly or indirectly to the Recipient use, operation or the content of the Recipient’s website.

24. GOVERNING LAW
This Agreement shall be interpreted under the laws of the state South Carolina. Any and all legal actions relative hereto shall be in the courts of the state South Carolina.

25. RELATIONSHIP OF THE PARTIES
The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, employer/employee, agent/servant. The Recipient has no power or authority to bind the Owner to any obligation, agreement, debt or liability. The Recipient shall not hold itself out as an agent or representative of the Owner.

26. NOTICES
Notices to the Owner shall be by certified mail, return receipt requested addressed to the address contained in this Agreement, or such other address that the Owner provide notice of to the Recipient via Email or by posting the same on the Affiliates section of the Owner website. Notices to the Recipient shall be by Email addressed to the Email address that the Recipient provided to the Owner in the Recipient Affiliate Program Application or by posting such notices on the Affiliate section of the Owner’s website. It shall be the Recipient responsibility to check the Affiliate section of the Owner website periodically to monitor all notices set forth thereon.

27. ASSIGNMENT
This Agreement is only for the benefit of the party that the Recipient has listed in the Affiliate Program Application. The Recipient shall have not right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment or subcontracting shall not be permitted and shall be void.

28. ENTIRE AGREEMENT
This Agreement sets forth the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended in writing signed by authorized representatives of each party, except as otherwise set forth herein. Any waiver of breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default, nor serve to modify the agreements set forth herein.
If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.
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