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may be in the nature of unwritten knowledge. Subject to other provisions in this Agreement, Pepperjam shall credit Publisher's account with a Publisher Fee for each qualifying Transaction in accordance with the Advertiser's payout rate and Advertiser Program terms. Participation in the defense shall not waive or reduce Publisher's obligations to indemnify or hold Pepperjam harmless. If you do not agree to the terms of this Agreement in its entirety, You are not authorized to: (a) register as a publisher; (b) use the Service; and/or (c) use the Site, in any manner or form whatsoever. IT IS THE publisher'S responsibility TO change creative within ITS media when THE creative IS NO longer available ON THE site. You and Pepperjam may also be individually referred to herein as ". Termination notice may be provided via e-mail and will be effective immediately. Altering, removing or disabling Tags may jeopardize Your ability to be paid for Transactions and is grounds the castle fun center chester ny coupons for immediate termination of Your Publisher account, with or without notice. Notwithstanding any legal presumption to the contrary, any provisions that by their terms are intended to survive termination, shall survive termination or expiration of this Agreement. Should any Claim give rise to Publisher's duty of indemnification under this Agreement, Pepperjam shall notify Publisher, and Pepperjam shall have the right to assume control of the defense of any such Claim; provided that Publisher shall reimburse Pepperjam for all costs of the defense. Publisher represents and warrants that Publisher will not enable the tracking code to collect personally identifiable information of Customers or potential Customers that would allow You to personally identify such Customer or potential Customer.

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Payment of Publisher Fees. Pepperjam shall not be liable to Publisher by reason of failure or delay in the performance of its obligations hereunder on account of telecommunications, Internet or network failure or interruption, results of computer hacking, Acts of God, fires, storms, war, governmental action, labor conditions, earthquakes. Service offered through Pepperjam's exchange located at m (the ". Confidential Information includes, without limitation, (a) all nonpublic information relating to a Party's or its affiliates' technology, business plans, agreements, promotional and marketing activities, finances and other business affairs, and (b) all third party information that a Party or its affiliates is obligated to keep. Please note that the verification of Your registration information, specifically, name, address and tax identification number, against a third party database may be considered under certain laws to constitute a "credit check" and You hereby consent to any such verification process. Pepperjam will NOT be liable (whether in contract, warranty, tort (including, but not limited to, negligence product liability or other theory to YOU or any other person or entity for cost of cover, lost profits, loss of business, data or reputation or for any indirect. Confidential Information does not include any information that (w) has become publicly available without breach of this Agreement, (x) can be shown by documentation to have been known to the receiving Party at the time of its receipt from the disclosing Party or its affiliates. Electrode, Comp, DC-prod-cdc03, ENV-prod-a, prof-prod, VER-12.0.24-EBF.5, Generated: Tue, 06:19:33 GMT. Moreover, You represent and warrant that: (a) Your Publisher website and/or Publisher e-mails are represented by a legitimate second-level domain name (e.g. An Advertiser may request that Pepperjam, or Pepperjam may on its own initiative, debit from the Publisher Fees an amount equal to a Publisher Fee previously credited to Publisher's account where: (a) a return or cancellation has been made with respect to the applicable product. Pepperjam reserves any and all rights not explicitly granted in the Agreement.

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