Affiliate Program Agreement

Tri Tuns, LLC Affiliate Program Terms & Conditions (Last Updated: October 24, 2019)  

PLEASE READ THE ENTIRE AGREEMENT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND TRI TUNS, LLC BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION. SHOULD TRI TUNS, LLC ACCEPT YOUR APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM AS AN AFFILIATE, YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT SHALL BECOME EFFECTIVE FROM THE DATE ON WHICH YOU ARE NOTIFIED OF YOUR ACCEPTANCE (THE “EFFECTIVE DATE”).  

  1. Overview This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in the Tri Tuns, LLC Affiliate Program. The Tri Tuns, LLC affiliate program incorporates the various brands owned or operated by Tri Tuns, LLC, including “Tri Tuns”, “Tri Tuns, LLC”, “Customer Success Mastermind”, “CS Mastermind”, “User Adoption Mastermind”, “UA Mastermind”, and “Adopttec”. The purpose of this Agreement is to allow HTML linking between your web site and the various websites owned or operated by Tri Tuns, LLC. These websites include, but are not limited to, trituns.com, csmastermind.com, uamastermind.com and adopttec.com. Please note that throughout this Agreement, "we," "us," and "our" will mean Tri Tuns, LLC (and related brands), and "you," "your," and "yours" will mean the affiliate.  

Tri Tuns, LLC reserves the right to reject your application to participate in the Affiliate Program for any reason, as determined in our sole discretion. Prior to accepting your application, we may require that you complete certain additional requirements or certifications. If you are accepted to participate in the Affiliate Program, we will notify you within thirty (30) days from the date you submit your application. If we do not notify you that you have been accepted to participate in the Affiliate Program within thirty (30) days from the date you submit your application, your application is deemed to be rejected.  

2. Affiliate Obligations 2.1. To begin the enrollment process, you will complete and submit the online application at the adopttec.com, trituns.com, thejasonstakeon.com, csmastermind.com or uamastermind.com or other online portals operated by Tri Tuns, LLC. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it: 2.1.1. Promotes sexually explicit materials 2.1.2. Promotes violence 2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age 2.1.4. Promotes illegal activities 2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law 2.1.6. Includes "Tri Tuns, LLC" or variations or misspellings thereof in its domain name 2.1.7. Is solely a coupon aggregator or deal site 2.1.8. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion. 2.1.9. Contains software downloads that potentially enable diversions of commission from other affiliates in our program. 2.1.10. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Tri Tuns, LLC or any other affiliated business. 2.2. As a member of the Tri Tuns, LLC Affiliate Program, you will have access to our online affiliate management portal(s). At it you will be able to review our Program’s details, download HTML code (that provides for links to web pages within the Tri Tuns, LLC web site) and banner creatives, browse and get tracking code for our coupons and deals and receive reports. In order for us to accurately keep track of all guest visits from your site to ours, you must use the HTML code that we provide for each banner, text link or other affiliate link we provide you with. 2.3. Tri Tuns, LLC reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you. 2.4. The maintenance and the updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that your site is up-to-date and to notify you of any changes to your site that we feel should enhance your performance. 2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third party rights.  

3. Tri Tuns, LLC Rights and Obligations 3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement and to notify you of any changes to your site that we feel should be made or to make sure that your links to our web site are appropriate and to notify you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Tri Tuns, LLC Affiliate Program. 3.2. Tri Tuns, LLC reserves the right to terminate this Agreement and your participation in the Tri Tuns, LLC Affiliate Program immediately and without notice to you should you commit fraud in your use of the Tri Tuns, LLC Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Tri Tuns, LLC shall not be liable to you for any Commissions for such fraudulent sales. 3.3. All product and service prices are at the sole discretion of Tri Tuns, LLC and may change at any time. 3.4. All agreements relating to sales to customers shall be between Tri Tuns, LLC and the customer. 3.5. This Agreement will begin upon our acceptance of your Affiliate application, and will continue unless terminated hereunder.  

4. Cookie and Lead Registration. 4.1 Tri Tuns, LLC reserves the right to determine, in its sole discretion, whether a lead is considered valid. A “lead” refers to an individual or entity who/which has provided contact information to Affiliate and has the potential to become a customer. Tri Tuns, LLC may determine that a lead is invalid, for any reason, including, but not limited to, if the lead is considered to be a pre-existing customer of Tri Tuns, LLC. 4.2 If a lead is determined to be valid by Tri Tuns, LLC, in its sole discretion, Affiliate shall only be entitled to a Commission if Affiliate refers leads through their unique tracking link or if leads are registered through the affiliate section of Tri Tuns, LLC’s website(s). 4.3 When a lead is referred through an Affiliate unique tracking link, the Affiliate will be set as latest referring affiliate and cookies will be set to expire after 30 days, after which time Affiliate’s latest referring affiliate status will expire. 4.4 When a lead is registered through the affiliate section of Tri Tuns, LLC’s website(s), Affiliate will be set as latest referring Affiliate for 30 days, after which time Affiliate’s latest referring affiliate status will expire. 4.5 If a potential customer clears their cookies during the 30-day period, Tri Tuns, LLC shall not be liable for any commissions that may have been owed to you. 4.6 Affiliate may re-register leads in order to avoid expiration. Tri Tuns, LLC shall not pay any Commission to an Affiliate for leads that have expired. 4.7 Once lead information is received by Tri Tuns, LLC through Tri Tuns, LLC’s database, Tri Tuns, LLC reserves the right to elect to engage with the lead directly, regardless of whether or not the lead is valid. If a lead is not valid then we may choose to maintain it in our database, and we may choose to engage with such lead. Any engagement between Tri Tuns, LLC and a lead will be at Tri Tuns, LLC’s discretion.  

5. Lead Assignments. (a) If, at the time an Affiliate registers a lead (either through the lead registration process or through a unique tracking link), the lead already exists in Tri Tuns, LLC’s database, the most recent lead registration or unique tracking link will assign the Affiliate associated with such lead registration or unique tracking link as the latest referring affiliate for a period up to 30 days after which time the latest referring affiliate status expires. (b) Affiliate is not eligible for lead assignment as latest referring affiliate on any sale for which Affiliate uses its own credit card to make a purchase from Tri Tuns, LLC.  

6. Commission Payment By joining the Tri Tuns, LLC affiliate program you agree to these terms and agree qualifying commission amounts outlined therein are your sole compensation for participating in the Tri Tuns, LLC affiliate program. 6.1 Affiliate Commission. Affiliate s shall be entitled to a commission of 15% of the gross revenue of Qualified Sales (as defined below) of Commissionable Items (as defined below), and to a commission of 15% of the gross revenue of Renewal Sales (as defined below), made by Affiliate during each fiscal quarter during the Term (“Commission”). Affiliate shall be responsible for remitting all applicable taxes and levies for which Affiliate may be liable at law in respect of any payments to it from Tri Tuns, LLC. To the extent that Tri Tuns, LLC is required by any applicable law or order to withhold any sum from a payment, Tri Tuns, LLC will be entitled to do so. 6.2 Qualified Sale. A “Qualified Sale” means a sale by Affiliate to any new Tri Tuns, LLC customer generated by Affiliate through a valid lead: (i) who pays in full or in part (as instalments) for a Commissionable Item; (ii) who does not cancel the subscription for such Commissionable Item for a minimum of sixty (60) days from the date of the initial purchase of the Commissionable Item; and (iii) to which Affiliate was assigned as last referring Affiliate . For clarity, a sale by Affiliate to an existing Tri Tuns, LLC customer shall not be a Qualified Sale. 6.3 Renewal Sales. A “Renewal Sale” occurs when a customer to whom a Qualified Sale was made by Affiliate renews their subscription for a Commissionable Item. 6.4 Commissionable Items. A “Commissionable Item” means a one-time online purchase or a subscription to a service plan for the Solutions (currently comprised of “Customer Success Mastermind” and “User Adoption Mastermind”) (the “Service Plan”) by a customer. For clarity, each Service Plan purchased by the same customer within the first thirty (30) days of the customer’s first Service Plan purchase shall each be considered a Commissionable Item. Commissionable Items do NOT include: (i) extra users or add-on products and services; (ii) any amounts refunded to customers; or (iii) any amounts paid by customers using coupons or coupon codes, as applicable. [add additional terms applicable to program] 6.5 Commission Payment. Within seventy-five (75) days following the end of each fiscal quarter, Tri Tuns, LLC will pay to you any Commission that you become eligible. Commission will be paid to Affiliate through PayPal (or a similar third party payment tool) (the “Payment Tool”), and Affiliate agrees to comply with any and all terms and conditions and policies of the Payment Tool. Affiliate shall be responsible for any additional fees associated with creation and maintenance of an account with the Payment Tool, or accepting Commission payments through the Payment Tool. We will determine the currency in which we pay the Commission, as well as the applicable conversion rate. All amounts payable by us to you are subject to offset by us against any amounts owed by you to us. 6.6 Affiliate will not be entitled to Commission with respect to a Commissionable Item if: (i) an amount paid for a Commissionable Item is refunded back to a customer; or (ii) a customer cancels the subscription for a Commissionable Item before sixty (60) days have elapsed from the date of the initial purchase of the Commissionable Item, and any such amounts already paid to Affiliate shall be repayable to Tri Tuns, LLC within fourteen (14) days upon receipt of an invoice from Tri Tuns, LLC for the same. 6.7 In the event a Commission is paid to Affiliate in error, Tri Tuns, LLC shall notify Affiliate, and any such amounts with respect to such error shall be repayable to Tri Tuns, LLC within fourteen (14) days upon receipt of an invoice from Tri Tuns, LLC for the same. 6.8 Tri Tuns, LLC reserves the right to withhold or reverse Commissions if Affiliate is in breach of the Agreement, including this Affiliate Program Module Addendum, or if the Affiliate has engaged in any fraudulent activity including, but not limited to, cookie stuffing, cloaking, or forcing pop-ups. 6.9 Tri Tuns, LLC shall have the sole right and responsibility for processing all orders placed by a customer, and Affiliate acknowledges that all agreements relating to sales of Solutions to a customer shall be between Tri Tuns, LLC and the customer.  

  7. Returns and Reversals Tri Tuns, LLC takes pride in our low reversal rate; however, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges and Program violations as outlined in these terms. Furthermore, if we request from you any clarification or additional information on any order or clicks that we feel may be in violation of our terms and conditions and you are either not forthcoming or intentionally vague or not responsive within a reasonable time period, we may reverse orders or suspend you from the program entirely.  

8. Promotion Restrictions 8.1. Affiliates are prohibited in spamming, unsolicited commercial email (UCE), unlawful mass emailing, and any unapproved emailing or in any failing to comply with the CASL that came into effect in 2014 and/or any other laws or regulations governing email advertising and marketing. Other generally prohibited forms of advertising include postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once, spamming via instant message, social media or other online forums or groups. In addition, affiliates may not advertise in any way that effectively conceals or misrepresents your identity, your domain name or your return email address. You may use mailings to customers to promote Tri Tuns, LLC so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups or forums to promote Tri Tuns, LLC so long as the news group or forum specifically welcomes commercial messages. You must always clearly represent yourself and your web sites as independent from Tri Tuns, LLC If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Tri Tuns, LLC Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.  

8.2. Paid Search Marketing Restrictions: Protected SEM Bidding Keywords: Publishers/affiliates may not bid on Tri Tuns, CS Mastermind, Customer Success Mastermind, UA Mastermind, User Adoption Mastermind, Adopttec, or any other Tri Tuns, LLC trademark terms or any permutations, plurals or misspellings thereof.  

Negative Matching: Publishers/affiliates are required to negative match any trademarked terms or derivations thereof to avoid any violation.  

Display URL Restrictions: These are terms that publishers are prohibited from using in the display URLs of search marketing campaigns: trituns.com, csmastermind.com, uamastermind.com, adopttec.com or any derivation or typo of these URLs.  

Official Site: You may not claim to be Tri Tuns, Tri Tuns LLC, CS Mastermind, Customer Success Mastermind, UA Mastermind, User Adoption Mastermind, or Adopttec at any time and you are further prohibited from using the term "official site" in your ad or otherwise presenting your web site as an official site. 

If Tri Tuns, LLC determines, in its sole discretion, that you have purchased or attempted to make any purchase in violation of the above restrictions, then Tri Tuns, LLC may (without limiting any other remedies available to it) pursue any or all of the following actions: • Withhold all Payouts or other compensation otherwise payable to you for the month in which you purchased the prohibited trademarked terms; • Contact the search engine in which your ad was found to ask that these ads be removed immediately and permanently; • Report the violation to PayPal; • Terminate these Special Terms as provided herein, and remove you from the Program permanently and immediately.  

8.3. Coupon and Deal Restrictions: Affiliates may only promote coupons and deals made available through the affiliate program through Tri Tuns, LLC owned and operated affiliate online portal(s) or sent via direct email from an authorized Tri Tuns, LLC corporate officer. Any existing coupons or deals posted to your site prior to this change should be removed. At no time may affiliates allow other Tri Tuns, LLC coupons, deals or promotions to be posted to their websites, including but not limited to posts by the community. Affiliates may not use misleading text on links, banners, buttons, and images or use “click to reveal” language in a bid to generate a click to set an affiliate cookie nor may you claim that anything besides currently authorized coupons or deals are available to the consumer. As noted in Section 2.1.7, Tri Tuns, LLC does not accept sites that are solely coupon aggregator or deal sites into the Tri Tuns, LLC affiliate program. As noted in Section 8.2, affiliates may not bid on “Tri Tuns, LLC coupon” or any permutations, plurals or misspellings thereof at any time. 8.4. Affiliates are prohibited from purchasing our products through their own affiliate links. Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid.  

8.5. Affiliates are prohibited from the use of software downloads or technology which (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN/Bing, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in iFrames, hidden links and automatic pop ups that open the trituns.com site, csmastermind.com, uamastermind.com or adopttec.com site(s); (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application. This includes any so-called “interstitials,” “ParasiteWare™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets,” "browser helper objects or BHOs" or “deceptive pop-ups and/or pop-unders” or similar products.  

9. Grant of Licenses 9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the Tri Tuns, LLC Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Tri Tuns, LLC and the good will associated therewith will inure to the sole benefit of Tri Tuns, LLC. Tri Tuns, LLC may revoke this license at any time in its sole discretion. Affiliates’ use of the Marks shall conform with any trademark usage guidelines provided by Tri Tuns, LLC, as developed and amended by Tri Tuns, LLC from time to time, and all use by Affiliate of the Marks shall enure to the benefit of Tri Tuns, LLC. 9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light.  

10. Disclaimer Tri Tuns, LLC makes no express or implied representations or warranties regarding Tri Tuns, LLC service and web site or the products or services provided therein, any implied warranties of Tri Tuns, LLC's ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and we will not be liable for the consequences of any interruptions or errors.  

11. Representations and Warranties You represent and warrant that: 11.1. This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; 11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; 11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.  

12. Limitations of Liability 12.1 We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. 12.2 Further, notwithstanding anything to the contrary contained in this agreement, in no event shall Tri Tuns, LLC's cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement. 12.3 Actions Permitted. Except for actions for nonpayment or breach of a party’s proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.  

  13. Indemnification You hereby agree to indemnify and hold harmless Tri Tuns, LLC, and its subsidiaries, partners, affiliates, and their directors, officers, employees, agents, shareholders, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.  

14. Confidentiality All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.  

15. Intellectual Property. Any Benefits, including solutions and technical services, provided to Affiliate in connection with the Affiliate Program, and any and all copyrights, copyright registrations and applications therefore, moral rights, patents, patent applications, Marks and applications thereof, industrial designs, industrial design applications, inventions, processes, trade secrets, integrated circuit topographies and integrated circuit topography applications and other industrial or intellectual property anywhere in the world, whether or not registered or registrable (collectively, “Intellectual Property Rights”) therein or in associated documents or designs, shall remain the sole and exclusive property of Tri Tuns, LLC and its licensors.  

16. Termination Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.  

17. Modification We may modify any of the terms and conditions in this Agreement, at any time in our sole discretion. In such event you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures, and the Tri Tuns, LLC Affiliate Program rules. If any modification is unacceptable to you, your sole recourse is to end this Agreement. Your continued participation in the Tri Tuns, LLC Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your acceptance of all changes therein.  

18. Notices Notices. Notice will be sent to the contact address set forth herein (as such may be changed by notice given to the other party), and will be deemed delivered as of the date of actual receipt. 18.1 To Tri Tuns, LLC: Tri Tuns, LLC. 7625 Wisconsin Ave., Bethesda, MD 20814, USA or via email to info@trituns.com 18.2To you: your address as provided in our affiliate account information for you. We may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you.  

19. Miscellaneous 19.1 No Partnership, Joint Venture or Employment. You agree that you are an independent contractor, and nothing in this Agreement will create any Affiliate relationship, joint venture, agency, franchise, sales representative, or employment relationship between you and Tri Tuns, LLC. 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 any other of Your Site or otherwise, that reasonably would contradict anything in this Section. 19.2 Controlling Law. This Agreement shall be governed by and construed in accordance with the laws in effect in the State of Maryland, without giving effect to its conflicts of law principles. The parties agree that any dispute arising out of this Agreement shall be resolved in the state or federal courts situated in the State of Maryland, and Affiliate waives any claim of lack of personal jurisdiction or inconvenient forum in connection with any such dispute. 19.3 Assignment. You will not assign or transfer this Agreement, including any assignment or transfer by reason of merger, reorganization, sale of all or substantially all of its assets, change of control or operation of law, without our prior written consent. We may assign this Agreement to any affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law. 19.4. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. 19.5. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect. 19.6 Counterparts; Electronic Signature. Counterparts may be delivered via facsimile, electronic mail (including pdf or any electronic signature complying with the U.S. federal ESIGN Act of 2000, e.g., www.docusign.com) or other similar transmission method and any counterpart so delivered shall be deemed to have been duly and validly delivered and be valid and effective for all purposes. 19.7 Force Majeure. Neither party will be responsible for failure or delay of performance of any obligation under this Agreement if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event. 19.8 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties hereto) any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement. 19.9 Program Policies Page. We may change the Program Policies from time to time. Your participation in the Affiliate Program is subject to the Program Policies, which are incorporated herein by reference 19.10 Entire Agreement. This Agreement is the entire agreement between us for the Affiliate Program and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance or website. Our obligations are not contingent on the delivery of any future functionality or features of the Tri Tuns, LLC products and services, or dependent on any oral or written public comments made by us regarding future functionality or features of the Tri Tuns, LLC products or services. It is the express wish of both you and us that this Agreement and all related documents be drawn up in English. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.