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Terms and Conditions

AFFILIATE PROGRAM AGREEMENT This Agreement sets forth the Rules & Regulations of National Visa Registry Referral Program ("NVR") and you ("Affiliate"). This Agreement is complete and contains all of the terms and conditions that apply to your participation in The Program and dated as of the date of your acceptance of the terms and conditions. This Agreement may be executed in identical counterparts, all of which together shall constitute one and the same instrument. In the event that facsimile copies are used, if they are signed by any party, they should be acceptable as originals. If any part of this Agreement is found to be invalid, that part shall not invalidate the rest of the agreement. If either party fails to assert a right under this Agreement, that failure shall not constitute a waiver of that right nor shall it excuse a failure to perform any term of condition. You may not assign this Agreement, by operation of law or otherwise, without prior written consent. Subject to that restriction, This Agreement shall be binding on, inure to the benefit of, and be enforceable against you and your respective successors and assigns. ENROLLMENT IN NVR AFFILIATE PROGRAM This is a promotional program. If you accept promotions under this Agreement, you are accepting the terms of this Agreement. Before you are considered a Referrer, you will need to fill out a NVR membership application and your suitability determined. To be considered an Affiliate, your customers must: Follow a special link in a format specified by NVR; Your customers must sign up for services or products using NVR's automated ordering system; Remit full payment to NVR. If your customers sign up for services or products in any other manner other than through NVR's automated system, NVR will not pay referral fees on these, even if your customer previously followed a link from your site to our site. If at any time NVR determines that you are unsuitable for NVR's Affiliate Program, NVR may terminate this Agreement with you, immediately without cause, and without notice. HOW TO REFER PEOPLE TO NVR You will link to NVR's home page and to any individual page on NVR's web site, to any NVR subject category, and/or to any other publicly accessible page on NVR's web site that NVR will designate. All links must conform at all times to a special link format provided by NVR. Once you are accepted in NVR's Affiliate Program, you may refer an unlimited number of people to the NVR's Affiliate Program. NVR will track your referrals by using your affiliate number. You will earn a US$5.00 referral fee for each person you refer to the NVR Affiliate Program who completes and pays for an NVR Diversity Visa Program application. The NVR Diversity Visa Program applicant must include your name on the NVR Diversity Visa Program application in order to receive your referral fee. It is your responsibility to include your name on the application and NVR will not be held liable for any reduced referral fees paid to you due to your failure to include your name on the Diversity Visa application. Referral fees will be paid monthly. In the event that NVR has to pay taxes, they will be deducted from your referral fee payment. If any payments on orders are reversed by the person referred, NVR will deduct said amount from any referral fees due to Affiliate. All referral fees will be paid in U.S. dollars. You can select two means of payment of your referral fee; a) it can be transferred electronically to your account; b) NVR can send a check directly to the member via certified mail. NVR reserves the right to change the referral fee structure at any time, with a minimum of 30 days notice. TERMS OF AGREEMENT This Agreement will begin once NVR accepts you as an affiliate into NVR's affiliate program. NVR, in its sole discretion, has the right to monitor your account and at any time to determine if your are in compliance with this Agreement. Either NVR or yourself may terminate this Agreement at any time, for any reason, with or without cause, by giving the other party written notice of the termination. NVR may terminate this Agreement with you at any time and for any reason, including, but not limited to if NVR, in its sole discretion, finds that you have included content that is in any way unlawful, harmful, intimidating, defamatory, harassing, or in any other way inappropriate, objectionable and/or illegal. You will cease participation immediately in NVR's Affiliate Program, whether termination is on the part of NVR or yourself. You may only earn referral fees on referrals occurring prior to the termination of this agreement. You understand and agree that in the event that you continue to use NVR's names and/or logos, without authorization, NVR will be irreparably harmed and may obtain injunctive relief and take other steps as is necessary to stop such cases. AFFILIATE OBLIGATIONS NVR shall NOT be responsible for the development, operation, and maintenance of your web site(s) and for all materials that appear on your web site(s). You shall be solely responsible for the development, operation, and maintenance of your web sites. You shall not violate or infringe upon the rights of any third party nor shall your web site contain any matter that is unlawful, harmful, intimidating, defamatory, harassing, or in any other way inappropriate, objectionable and/or illegal. NVR hereby disclaims all liability for all such matters. You will indemnify NVR for any claims, damages, expenses, including, but not limited to, attorney's fees which arise out of your operation, construction, management and contents of your web sties(s). You will indemnify and hold NVR harmless from any and all claims, damages, and expenses, including, but not limited to, attorney's fees relating to operation, construction, management and contents of the Affiliate's program. RELATIONSHIP BETWEEN NVR AND AFFILIATE The relationship between NVR and you is one where you are an independent contractor and nothing in this Agreement will create any agency, joint venture, partnership, sales representative, franchise or employment relationship between the parties. NVR has not given any authority to you to make or accept offers or representations or make any statements that would refute anything in this Section. You understand and agree not to quote prices, give legal advice or do anything to bind or commit NVR in any way. You agree to report any federal, state, local or other governmental agency the amount of all commissions and referral fees paid to you. NVR reserves the right to report to any federal, state, local or other governmental agency the amount of all commissions and referral fees paid to you and to issue and file any reporting statements required by law required to report amount paid by NVR to you and you will provide any and all information requested by NVR to allow NVR to accomplish such reporting. INCLUSION OF RELATED MATERIALS NVR encourages you to include on your web site(s) reviews, descriptions, articles, or other third party or original content that provides additional information about the services and products and other materials linked to your web site, so long as so doing does not violate any laws or the rights of any third party. You understand and agree that you shall indemnify, defend and hold NVR harmless from any and all claim, loss, or damage or any other expense, including, but not limited to, attorney fees, which NVR may incur arising out of any claim made against NVR by any person, firm, corporation, or other entity for violations of any rights. NVR expressly disclaims all liability related to with, or arising out of, any such use of third party or original content. NVR will not be responsible for any violation of copyright, trademark, libel ad other law. REFERRED CUSTOMERS All customers referred from your web site(s) are to be deemed to be the customers of NVR. All of NVR's rules, regulations, conditions, operating procedures and policies, will apply to all customers received in connection with this Agreement. NVR reserves the right to reject any order that does not comply with NVR's rules, regulations, conditions, operating procedures and policies. NVR reserves the right to change the rules, regulations, conditions, operating procedures and policies. AFFILIATED TRANSACTIONS If you, either directly or indirectly through one or more affiliated businesses or entities, constructs or establishes a web site, home page or similar informational electronic bulletin board or site, all conditions, limitations, duties and obligations contained in the Agreement shall automatically extend to include each such new site. NVR WEB SITE SERVICE NVR will make all reasonable efforts to keep its web site operational at all times. However, you understand that due to the technical nature of the web site and the Internet, certain technical difficulties may, from time to time, result in temporary service interruptions. NVR will not be liable for any consequences of such service interruptions. MODIFICATIONS NVR, may, without prior notice, change the terms and conditions contained in this Agreement in its sole discretion and at any time. You will receive written notification if any such changes do occur. Any changes may include, but are not limited to, changes in the amount of referral fees, payment schedules, payment procedures, updating graphic files, text messages, and the Affiliate program rules. Upon receipt of notice of the changes in the Affiliate Program, your continued participation will be considered to be your acceptance of the changes and the Agreement will be considered to be amended. The modified terms and conditions will be considered to apply retroactively. SERVICEMARK IDENTIFICATION You will display a small graphic image provided by NVR on each page of your web site that links to an NVR web page. This mark will identify you as a member of NVR's Affiliate program and will also display the phrase "A member of the NVR Affiliate Program" and linked to a specific page that links to a web page that explains the NVR Affiliate Program. You agree not to alter or change in any way any the graphic image or affiliate statement without the prior written consent of NVR, which consent NVR may withhold in its sole and complete discretion. NVR grants to you a non-exclusive, revocable right to use the graphic image and text. NVR reserves all of our rights in the graphic image, text, other images or text, trade names, trademarks, servicemarks and all other intellectual property rights. You agree to follow our servicemark guidelines, as those may change from time to time by giving you written notice. AFFILIATE COMMUNICATIONS In the event that you make any communication about NVR's Affiliate Program, it must accurately identify that you are referring in National Visa Registry Referral Program. Any communication you make must clearly and accurately illustrate the nature of your participation in the Program. Without prior written consent, you may state that: you are a member of the National Visa Registry Referral Program. If you wish to make any other communication, you must first obtain prior written consent from National Visa Registry Referral Program. If you wish to obtain consent, you must request such from NVR at visa14@usvisaservices.com. DISCLAIMER NVR MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE IN RESPECT TO NVR'S AFFILIATE PROGRAM, THE NVR WEB SITE, OR THIS AGREEMENT. NVR SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, AND/OR CONSEQUENTIAL, ARISING OUT OF OR IN CONNECTION WITH NVR'S AFFILIATE PROGRAM, THE NVR WEB SITE, OR THIS AGREEMENT. AFFILIATE UNDERSTANDS AND AGREES THAT NVR'S TOTAL LIABILITY FOR ANY DAMAGES THAT MAY ARISE OUT OF NVR'S AFFILIATE PROGRAM, THE NVR WEB SITE, OR THIS AGREEMENT SHALL NOT EXCEED AND ARE LIMITED TO THE TOTAL REFERRAL FEE PAID TO YOU UNDER THIS AGREEMENT. NON-EXCLUSIVE AGREEMENT You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand and agree that NVR may at any time, directly or indirectly, solicit customer referrals on terms that may differ from those contained in this Agreement or operate web sites that are similar to or in competition with your web site. You have independently evaluated the desirability of joining in NVR's Affiliate Program and are not depending on any representation, guarantee, or statement other than what is set forth in this Agreement. WRITTEN NOTICE Any written notice required by this agreement shall be made certified, return receipt requested to the following addresses supplied by NVR and/or its Affiliate: NVR: Affiliate Address: (Please Print Clearly) National Visa Registry ____________________________________ 16501 Ventura Blvd, Suite 608 ____________________________________ Encino, CA 91436 ____________________________________ United States ____________________________________ ENTIRE AGREEMENT This Agreement constitutes the complete Agreement between the parties relating to the National Visa Registry Referral Program and supercedes all prior and contemporaneous agreements, representations, and understandings of the parties. No waiver of any of the provisions hereof shall be deemed, or shall constitute a waiver of any provision, whether or not similar, nor shall any waiver constitute a ongoing waiver. VENUE This Agreement will be deemed executed and accepted in the County of Los Angeles, State of California. The validity, interpretation, construction and enforcement of his Agreement shall be governed by the laws of the State of California and venue for the resolution of any disputes concerning or arising under this Agreement shall be determined exclusively in the State and Federal courts in and for Los Angeles County, State of California, Central District. NVR: Affiliate: National Visa Registry Company____________________________ By_________________________________ By_________________________________ Date________________________________ Date________________________________