Document 39379

 The Research Methods Laboratory Referral Program Agreement This agreement (“Agreement”) is by and between The Research Methods Laboratory (P.O. Box 3169 CH-­‐2001, Switzerland) and you. Unless the context requires otherwise, The Research Methods Laboratory may also be referred to as “us, we, or our” and you shall be referred to as “you, your, or Affiliate.” By becoming an affiliate of The Research Methods Laboratory you agree to the following terms of our affiliate program (“Program”): Enrollment as an Affiliate You will submit a completed application provided by The Research Methods Laboratory. We The Research Methods Laboratory will evaluate your application and will notify you of its acceptance or rejection. Terms of Participation Participation in the Program is limited to parties that lawfully can enter into and form contracts under applicable law. For example, minors are not allowed to participate in the Program. Referral fees We agree to pay you certain referral fees as described on our website for referred sales made by customers. The referral fee schedule is subject to change without notice at sole The Research Methods Laboratory discretion. Currently, The Research Methods Laboratory pays referral fees on amounts actually received from the customer. Such referral fees will be paid within thirty (30) days of the end of each quarter, with each quarter ending on March 31, June 30, September 30 and December 31 of each year, less any amounts credited to customers for any reason. No Publicity You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. We will make available to you a small graphic image that identifies you or your organisation as a Program participant. You must display this logo or the phrase “In association with The Research Methods Laboratory” on any publicity or webpage associated with the program. We may modify the text or graphic image of this notice from time to time. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. Compliance with Laws As a condition of your participation in the Program, you agree that while you are an affiliate you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are an affiliate. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern online marketing and email, including without limitation. Termination Either party may terminate this Agreement for any reason at any time. Representations and Warranties We make no warranties or representations to you of any kind, expressed or implied, with respect to your relationship with The Research Methods Laboratory. We expressly disclaim any implied warranty of merchantability or fitness of this service for a particular purpose. We make no representation that the operation of The Research Methods Laboratory will be uninterrupted or error-­‐free, and we will not be liable for the consequences of any interruptions or errors. We shall not be liable for any damages suffered by you, whether indirect, special, incidental, exemplary, or consequential, regardless of cause or fault. If we are deemed to have any liability, our aggregate liability arising with respect to this agreement and the program will not exceed the total referral fees paid or payable to you under this agreement. Indemnification You will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, legal fees) relating to you or your participation in the Program. Assignment This Agreement is personal to you. You may not assign your rights under this agreement without our prior written consent. If you assign your rights, you shall remain liable to us for any damages we suffer under this Agreement. We may assign this agreement at any time for any reason. Changes to this Agreement We reserve the right to change the terms and conditions of this Agreement at our sole discretion. Your continued participation in the Program after said changes constitutes acceptance of those new terms and conditions. If you do not agree to the new terms and conditions, you may terminate this Agreement. Notification of Account Changes You agree to provide us with such other information relating to your participation in this Program as we deem necessary or desirable. You agree to notify us if your address, email address, telephone number, billing information, etc. changes. Notices All notices given pursuant to this Agreement shall be in writing and may be delivered, to the parties at the address set forth at the beginning of the Agreement, by (i) personal service, receipt required; (ii) registered or certified mail, return receipt requested, postage prepaid; or (iii) recognized overnight courier, receipt requested. Notices shall be deemed delivered on the third day following mailing or on the day of refused delivery or on the day of delivery by overnight courier, as applicable. Either party may change its address at any time by written notice to the other party as set forth above. Your Relationship with Us You and The Research Methods Laboratory are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between us. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. Miscellaneous In any dispute over the meaning, interpretation, validity or enforceability of this Agreement or any of its terms or conditions, there shall be no inference, presumption or conclusion drawn whatsoever against any party by virtue of its having drafted any portion of this Agreement. The invalidity or unenforceability of any provision of the Agreement shall not affect the validity or enforceability of any other provision. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, promises or undertakings other than those contained herein. This Agreement supersedes and cancels all previous agreements between the parties. Signed: ______________________________ Signed: ________________________________ (The Research Methods Laboratory) (Affiliate) Date: Date: