Terms and Conditions
|Terms of Service for The SHINOBI MARTIAL ARTS AFFILIATE Program
1. ACCEPTANCE OF TERMS: Welcome to the SHINOBI MARTIAL ARTS AFFILIATE Program (The SHINOBI MARTIAL ARTS AFFILIATE Fund Raising Program for Non-profit Organizations and the SHINOBI MARTIAL ARTS AFFILIATE Coop Marketing Program for Businesses as owned by Shinobi Martial Arts, INC). The SHINOBI MARTIAL ARTS AFFILIATE Program provides ShinobiMartialArts.com Affiliate services to you, subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you, provided that, we will not alter Section 6 (Content Submitted to ShinobiMartialArts.com) without prior notice to and acceptance by you. You can review the most current version of the TOS at any time at: http://shinobi-martial-arts.com/online-training-2/shinobi-affiliate-signup-online-ninjutsu-training/shinobi-affiliate-terms-and-conditions-nh-ninja/ .
2. DESCRIPTION OF SERVICE: The SHINOBI MARTIAL ARTS AFFILIATE Program currently provides users with access to affiliate tracking specifically for The SHINOBI MARTIAL ARTS AFFILIATE Program – powered web pages (the Service). (The ShinobiMartialArts.com/affprog is a separate service of The SHINOBI MARTIAL ARTS AFFILIATE Program. The ShinobiMartialArts.com/affprog is provided simply as a convenience for The SHINOBI MARTIAL ARTS AFFILIATE Program users.) Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to this TOS. In order to use the Service, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
4. MEMBER CONDUCT: You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not The SHINOBI MARTIAL ARTS AFFILIATE Program, are entirely responsible for all Content that you upload, post or otherwise transmit via the Service. The SHINOBI MARTIAL ARTS AFFILIATE Program does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You agree to not use the Service to: (a) upload, post or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothers privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, a The SHINOBI MARTIAL ARTS AFFILIATE Program official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (g) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (h) intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; (i) stalk or otherwise harass another; (j) collect or store personal data about other users; (k) promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating Crush sites.
5. ANTI SPAM POLICY: The SHINOBI MARTIAL ARTS AFFILIATE Program strictly prohibits affiliates from using email spam, newsgroup spam, forum spam, blog spam, instant messaging spam, rss spam and other forms of Internet abuse to generate sales or affiliate site visits. Violation of this policy will result in immediate and automatic termination of your account, without warning, and is NOT reversible.
Spam is defined as including, but not limited to, the following:
Electronic mail messages addressed to a recipient with whom the sender does not have an existing business or personal relationship or is not sent at the request of, or with the express consent of, the recipient through an opt in subscription.
Messages posted to Usenet, forums and message boards that are off-topic (unrelated to the topic of discussion), cross-posted to unrelated newsgroups, posted in excessive volume, or posted against forum/message board rules.
Content posted on free blog websites for the sole purpose of keyword spamming, or comments posted to legitimate blogs that violate the comment policy of the blog owner.
Solicitations posted to chat rooms, or to groups or individuals via Internet Relay Chat or Instant Messaging system (such as ICQ).
6. CONTENT SUBMITTED TO SHINOBI MARTIAL ARTS AFFILIATE Program: The SHINOBI MARTIAL ARTS AFFILIATE Program does not claim ownership of the Content you place on your Site. The SHINOBI MARTIAL ARTS AFFILIATE Program may quote or reproduce small portions of your content (if you have made it public) in order to promote your site and/or the SHINOBI MARTIAL ARTS AFFILIATE Program service, but only on a fair-use-type basis.
You acknowledge that The SHINOBI MARTIAL ARTS AFFILIATE Program does not pre-screen Content, but that The SHINOBI MARTIAL ARTS AFFILIATE Program and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service. Without limiting the foregoing, The SHINOBI MARTIAL ARTS AFFILIATE Program and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
7. INDEMNITY: You agree to indemnify and hold The SHINOBI MARTIAL ARTS AFFILIATE Program, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
8. MODIFICATIONS TO SERVICE: The SHINOBI MARTIAL ARTS AFFILIATE Program reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The SHINOBI MARTIAL ARTS AFFILIATE Program shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
9. TERMINATION: You agree that The SHINOBI MARTIAL ARTS AFFILIATE Program, in its sole discretion, may terminate your password, use of the Service or use of any other The SHINOBI MARTIAL ARTS AFFILIATE Program service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if The SHINOBI MARTIAL ARTS AFFILIATE Program believes that you have violated or acted inconsistently with the letter or spirit of the TOS. The SHINOBI MARTIAL ARTS AFFILIATE Program may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that The SHINOBI MARTIAL ARTS AFFILIATE Program may immediately deactivate or delete your affiliate and all related information and files in your ShinobiMartialArts.com/affprog and/or bar any further access to such files or the Service. Further, you agree that The SHINOBI MARTIAL ARTS AFFILIATE Program shall not be liable to you or any third-party for any termination of your access to the Service.
10. The SHINOBI MARTIAL ARTS AFFILIATE Program PROPRIETARY RIGHTS: You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by The SHINOBI MARTIAL ARTS AFFILIATE Program or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
11. DISCLAIMER OF WARRANTIES: YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. The SHINOBI MARTIAL ARTS AFFILIATE PROGRAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) The SHINOBI MARTIAL ARTS AFFILIATE Program MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM The SHINOBI MARTIAL ARTS AFFILIATE PROGRAM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
12. LIMITATION OF LIABILITY: YOU EXPRESSLY UNDERSTAND AND AGREE THAT The SHINOBI MARTIAL ARTS AFFILIATE PROGRAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF The SHINOBI MARTIAL ARTS AFFILIATE PROGRAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
13. EXCLUSIONS AND LIMITATIONS: SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 12 MAY NOT APPLY TO YOU.
14. NOTICE: Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
15. GENERAL INFORMATION: The TOS constitute the entire agreement between you and The SHINOBI MARTIAL ARTS AFFILIATE Program and govern your use of the Service, superseding any prior agreements between you and The SHINOBI MARTIAL ARTS AFFILIATE Program (including, but not limited to, any prior versions of the TOS). You also may be subject to additional terms and conditions that may apply when you use affiliate or other The SHINOBI MARTIAL ARTS AFFILIATE Program services, third-party content or third-party software. The TOS and the relationship between you and The SHINOBI MARTIAL ARTS AFFILIATE Program shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You and The SHINOBI MARTIAL ARTS AFFILIATE Program agree to submit to the personal and exclusive jurisdiction of the courts located within New Hampshire. The failure of The SHINOBI MARTIAL ARTS AFFILIATE Program to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
16. VIOLATIONS: Please report any violations of the TOS via The SHINOBI MARTIAL ARTS AFFILIATE Program Support Page
SHINOBI MARTIAL ARTS AFFILIATE Agreement
This Affiliate Agreement (the Agreement) sets forth the terms of the relationship between Shinobi Martial Arts, INC (the Company) and you (the SHINOBI MARTIAL ARTS AFFILIATE or you) as it relates to the SHINOBI MARTIAL ARTS AFFILIATE Fund Raising Program for Non-profit Organizations and the SHINOBI MARTIAL ARTS AFFILIATE Coop Marketing Program for Businesses (the SHINOBI MARTIAL ARTS AFFILIATE Program) and sales of Shinobi Martial Arts Online Products. Whether you purchase Shinobi Martial Arts Online Products or not, you may enroll in the SHINOBI MARTIAL ARTS AFFILIATE Program. The commission structure described below is identical for all Affiliates whether they purchase Shinobi Martial Arts Online Products or not.
1. Term of Agreement: The term of this Agreement will begin upon the Companys acceptance of your SHINOBI MARTIAL ARTS AFFILIATE application and will end when terminated by either party. Either you or the Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn commissions on sales occurring during the term.
2. No Charge to Participate. The SHINOBI MARTIAL ARTS AFFILIATE Program is a voluntary program. Furthermore, there is no fee or charge to participate in the SHINOBI MARTIAL ARTS AFFILIATE Program, and no purchase of Shinobi Martial Arts Online Products or any other product or service is required to participate. SHINOBI MARTIAL ARTS AFFILIATE Affiliates are not required to make any minimum amount of sales of the Shinobi Martial Arts Online Products or any other product or service as part of the SHINOBI MARTIAL ARTS AFFILIATE Program.
3. No Compensation for Recruiting. As a participant in the SHINOBI MARTIAL ARTS AFFILIATE Program, you will place primary emphasis on the selling of the Shinobi Martial Arts Online Products to ultimate customers. In addition, you are not required to recruit new affiliates to the SHINOBI MARTIAL ARTS AFFILIATE Program, and you will not be compensated for sponsoring or introducing new SHINOBI MARTIAL ARTS AFFILIATE affiliates to the Company. Rather, any commissions the Company pays to you will be based solely on final sales of the Shinobi Martial Arts Online Products that you make to others for the Company.
4. No Income Guarantee. You acknowledge and agree that you are not guaranteed to earn any specific amount of income by participating in the SHINOBI MARTIAL ARTS AFFILIATE Program.
5. Discretion To Accept Sales; No Gaming of Sales. The Company retains, in its sole discretion, the full authority to accept or reject any application, order or proposal to purchase the Shinobi Martial Arts Online Products. No right of action against the Company will arise because of any such acceptance or refusal. Sales of the Shinobi Martial Arts Online Products will take place directly between the Company and the ultimate customers. All aspects of these sales to the ultimate customers, including administration and fulfillment, will be handled by the Company. No Affiliate may game the sales process for an advantage not anticipated by the sales process outline in this agreement. For example, an Affiliate may not subsequently become an Affiliate for a multiple purchases simply to secure the effect of a discount off the purchase price. No Affiliate may own more that one Affiliate account.
6. Modification. The Company may modify any of the terms and conditions contained in this Agreement, at any time and in the Companys sole discretion, by posting a change notice or a new agreement on this site. Modifications may include, for example, changes in the scope of available commissions, fee schedules, payment procedures and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE SHINOBI MARTIAL ARTS AFFILIATE PROGRAM FOLLOWING THE COMPANYS POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
7. Limitation of Liability. The Company will not be liable for indirect, special or consequential damages, or any loss of revenue, profits or data, arising in connection with this Agreement or the SHINOBI MARTIAL ARTS AFFILIATE Program, even if the Company has been advised of the possibility of such damages. Further, the Companys aggregate liability arising with respect to this Agreement and the SHINOBI MARTIAL ARTS AFFILIATE Program will not exceed the total commissions paid or payable to you under to this Agreement.
8. Independent Investigation. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT THE COMPANY MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMERS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE (IF YOU HAVE ONE). YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE SHINOBI MARTIAL ARTS AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
9. Commissions and Payments Procedures. The amount of commissions due to SHINOBI MARTIAL ARTS affiliates will be as set forth in this paragraph. For each sale by the Company (i.e., full payment by an ultimate customer for an Shinobi Martial Arts Online Product) that the SHINOBI MARTIAL ARTS AFFILIATE makes to a third party, that SHINOBI MARTIAL ARTS AFFILIATE will generally receive a 15 – 25% (depending on which product) commission per Shinobi Martial Arts Online Product sold.
On certain services or products the Company may pay higher or lower fixed commissions, solely at the Companys discretion and with no prior notice. A commission will only be credited to an SHINOBI MARTIAL ARTS AFFILIATE after the customer has made full payment to the Company. If a customer later requests a refund, or a charge back is issued by the credit card holder whose credit card was used to pay for that customers account, any commissions that were credited to SHINOBI MARTIAL ARTS AFFILIATE affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the SHINOBI MARTIAL ARTS AFFILIATE will be billed and hereby agrees to be bound by law to reimburse the Company in full for any such commissions. Payments will be issued via PayPal and will be made payable to the SHINOBI MARTIAL ARTS AFFILIATE in the name the SHINOBI MARTIAL ARTS AFFILIATE submits in his or her online registration, and mailed to the mailing address provided by the SHINOBI MARTIAL ARTS AFFILIATE or delivered electronically. SHINOBI MARTIAL ARTS AFFILIATE Affiliates must have accumulated commissions of at least $50 for a given payment period before a check will be issued. If commissions are less than $50 for a given month, the commissions will be held over till the next month. This will continue until the commissions accumulate to more than $50. The Company reserves the right to withhold any payments until you have furnished us with a properly executed W-9 form as prescribed by the Internal Revenue Service. Until the Company receives your signed W-9 form by to Shinobi Martial Arts, INC, Attn: SHINOBI MARTIAL ARTS AFFILIATE Program, 95 Plaistow Rd, Plaistow NH 03865, your commission payments will be withheld.
10. Tracking of Sales. The Company is solely responsible for tracking sales, including using special software that communicates with the specially encoded URLs assigned to Affiliates. The Company will endeavor to do its best to ensure accurate tracking of commissions due to SHINOBI MARTIAL ARTS AFFILIATE affiliates. SHINOBI MARTIAL ARTS AFFILIATE Affiliates will themselves be solely responsible for ensuring that any such special URLs are formatted properly, a necessary prerequisite to accurate tracking of sales. Notwithstanding the above statement of responsibility by the Company to track sales, the SHINOBI MARTIAL ARTS AFFILIATE hereby acknowledge and accepts that the tracking system employed by the Company is not 100% fail-safe and that there may on occasion be instances of sales made that are not credited to an SHINOBI MARTIAL ARTS AFFILIATE for any number of possible reasons, some of which might be: Failure by the SHINOBI MARTIAL ARTS AFFILIATE to use the proper format of the specially assigned URL in promotions, web page links, banner ads, and so on; deliberate or accidental actions by customers to circumvent an SHINOBI MARTIAL ARTS AFFILIATE affiliates special URL so that the Company software is unable to accurately track that sale; bugs, glitches or crashes of the tracking software that render it unable to accurately track sales for a period of time; acts of a nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information. As such, SHINOBI MARTIAL ARTS AFFILIATE affiliates will not hold the Company liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software. The Company will pay commissions on any future sales after the customer has re-entered our site through the use of the given web link
11. Relationship of Parties. You agree that by participating in the SHINOBI MARTIAL ARTS AFFILIATE Program you are acting as an independent contractor, and are responsible for determining your own business activities. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on behalf of the Company. Furthermore, you will not represent in any manner that you are an agent or representative of the Company. You will not make any statement, whether on a website or otherwise, that reasonably would contradict anything in this Section.
12. Taxes. You are responsible for the payment of all federal and state self-employment taxes, as well as any other taxes on income you earn as an SHINOBI MARTIAL ARTS AFFILIATE Affiliate, that are imposed by any federal, state, or regulatory taxing agency. The Company will not be liable for any municipal, county, state or federal taxes or other fees pertaining to your efforts or earnings.
13. Earnings Claims. In promoting and selling the Shinobi Martial Arts Online Products you will make no claims as to income potential, either written or oral, except those prepared by the Company for illustration purposes only. You will also not make any false or misleading statements about the Shinobi Martial Arts Online Products, the Company or any other Shinobi Martial Arts Online Products or services.
14. No Government Endorsement. You will not represent or imply, directly or indirectly, that the SHINOBI MARTIAL ARTS AFFILIATE Program has been approved or endorsed by any state or federal government agency. You understand and acknowledge that state and federal government agencies do not approve or endorse marketing companies, products or programs.
15. Refunds. You may return a Shinobi Martial Arts Online Product you have purchased, as long as it is in resalable condition, at any time within 30 days after purchase to receive a full refund. Shipping costs of returned items will be borne by you. In addition the Company will honor the laws of any jurisdiction applicable to you that provide for refund policies differing from those set forth in this Section, which laws are incorporated into this Agreement by reference.
16. Legal Age. By entering into this Agreement, you represent and acknowledge that you are of legal age in the state of your residency.
17. Intellectual Property. You will not promote the Shinobi Martial Arts Online Products nor use the Company name, or the trade names, logos, copyrighted materials, trademarks or service marks of the Company or the Shinobi Martial Arts Online Products or services, except in materials or via methods provided by the Company or approved in writing by the Company prior to their use by you.
18. Indemnification. You hold harmless and will indemnify and defend the Company from any and all claims, expenses, costs, causes of action and damages, including reasonable attorneys fees resulting from or arising out of your statements or actions in violation of this Agreement or applicable law.
19. No Franchise or Distributorship. Participation in the SHINOBI MARTIAL ARTS AFFILIATE Program does not constitute the sale of a franchise or a distributorship and no fees or purchases have been or will be required of you.
20. Miscellaneous. This Agreement will be governed by the laws of the United States and the State of New Hampshire, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Concord New Hampshire and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without the Companys prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of and be enforceable against the parties and their respective successors and assigns. The Companys failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of the Companys right to subsequently enforce such provision or any other provision of this Agreement.