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  SHARE > AFFILIATE REFERRAL AGREEMENT
 
THANK YOU FOR CONSIDERING PARTICIPATION IN THE TEXTBOOKRENTAL.CA, INC. ("textbookrental.ca") REFERRAL PROGRAM. BY CLICKING THE "I AGREE" BUTTON BELOW YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS REFERRAL PROGRAM AGREEMENT (THIS "AGREEMENT") AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Referral of Customers to textbookrental.ca
You may refer prospective customers to textbookrental.ca who desire to rent publications (the "Items") from textbookrental.ca (the "Prospect") by referring the Prospect directly to http://www.textbookrental.ca or such other internet address as textbookrental.ca may specify (the "Site"). If the Prospect is not already a textbookrental.ca customer, has not been referred to textbookrental.ca by any other source, and rents one or more Items from textbookrental.ca within thirty (30) days from the referral date, then the Prospect shall be considered a "Referred Customer." This referral relationship is non-exclusive, and textbookrental.ca may sell and distribute any of its Items to any customers in the world, and to appoint any third party to do so, without notice or liability to you.

Customer Contracts
In its sole discretion, textbookrental.ca may offer (or decline to offer) the Items to any Prospect and any Items shall be provided solely upon the terms agreed to by textbookrental.ca and the Prospect. Prospects referred to textbookrental.ca by you will be deemed to be customers of textbookrental.ca. Accordingly, all of textbookrental.ca's rules and policies concerning these Prospects will apply. textbookrental.ca may change its rules and policies at any time. textbookrental.ca will use reasonable efforts to process all orders placed, through your links. textbookrental.ca reserves the right to deny service to any Prospect that does not meet textbookrental.ca's purchasing/renting requirements.

Referral Fee
For each Referred Customer, you shall receive a referral fee equal to $3 received by textbookrental.ca from that Referred Customer during the first twelve (12) months of its agreement with textbookrental.ca (the "Referral Fee"). This fee may only be used to rent books on textbookrental.ca

Use of Marks
textbookrental.ca may provide you with certain logos, service marks, trademarks, trade names, and/or graphics (collectively, the "Marks") for your use in connection your performance hereunder. You may use the Marks provided by textbookrental.ca only to create the links to the Site. You must strictly adhere to textbookrental.ca's standards for displaying the Marks. New standards for the display of the Marks may be implemented by textbookrental.ca from time to time. You acknowledge and agree that all goodwill generated by your use of the Marks inures exclusively to textbookrental.ca. You agree not to utilize or apply for registration of any trademark or tradename which may be confusingly similar to the Marks. textbookrental.ca may cancel your registration at any time if textbookrental.ca determines (in its sole discretion) that you have utilized or applied for registrations of any trademark or tradename which may be confusingly similar to the Marks. You may not alter or modify the Marks. textbookrental.ca reserves all of rights, title and interest in and to the Marks. We may revoke your license to use the Marks at any time by giving you written notice. It is your responsibility to ensure proper tracking of any Marks utilized by you. textbookrental.ca is not liable for any Referral Fee accrued due to improper formatting or tracking of orders from Referred Customers.

Independent Contractor
You are an independent contractor and nothing contained herein shall be deemed to establish or otherwise to create a relationship of principal and agent, partners, fiduciaries, or joint ventures between you and textbookrental.ca. You will not be an agent of textbookrental.ca for any purpose whatsoever and will not have any right or authority to assume or create any obligation of any kind, whether express or implied, on behalf of textbookrental.ca. You shall not make any representation or warranty about the Items or the services offered by textbookrental.ca. You agree to comply with all applicable laws and regulations in connection with your performance hereunder. Email Spamming is strictly prohibited. If you engage in this practice, this Agreement may be terminated immediately by textbookrental.ca and any monies owed may be withheld.

Confidentiality Required
In connection with this Agreement, you will be provided with or otherwise learn confidential and/or proprietary information of textbookrental.ca (including without limitation information and materials concerning textbookrental.ca's business, pricing, business plans, customers, technology and products) which is identified as confidential at the time of disclosure or which ought in good faith to be considered confidential by you ("Confidential Information"). All Confidential Information remains the property of textbookrental.ca. You covenant and agree to protect the Confidential Information in the same manner you protect your own confidential information but in no event with less than reasonable care. You will not publish any technical description of or pricing data related to the Services beyond the description published by textbookrental.ca for general dissemination. You will give immediate notice to textbookrental.ca of any unauthorized use or disclosure of the Confidential Information and agree to assist textbookrental.ca in remedying such unauthorized use or disclosure.

Indemnification
You agree to indemnify, defend and hold harmless textbookrental.ca, its directors, officers, and employees from and against any and all claims and actions, including all related damages, expenses, costs and other liabilities (including reasonable attorney's fees), arising out of or incidental to or in any way resulting from your performance hereunder (including violations of any laws) or your relations with any third party.

Complaints or Inquiries
If you receive any third party complaint or inquiry concerning textbookrental.ca or your participation in this Agreement, you agree to notify textbookrental.ca in writing within forty-eight (48) hours. You agree to provide your full cooperation to textbookrental.ca in answering such inquiries or in resolving complaints.

Limitation of Liability
TEXTBOOKRENTAL.CA'S ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES FOR ANY CLAIM OF ANY KIND WHATSOEVER, REGARDLESS OF THE LEGAL THEORY (INCLUDING NEGLIGENCE) SHALL NOT BE GREATER THAN THE REFERRAL FEES PAID BY TEXTBOOKRENTAL.CA TO YOU DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CLAIM AROSE. UNDER NO CIRCUMSTANCES WILL TEXTBOOKRENTAL.CA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES OF ANY KIND, SUCH AS LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, LOSS OF BUSINESS REPUTATION OR GOODWILL, EVEN IF TEXTBOOKRENTAL.CA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Term and Survival
This Agreement shall commence upon your clicking the "I AGREE" button below and shall continue until one party provides the other with notice of termination. Either party may terminate this Agreement at any time, with or without cause. Upon termination of this Agreement by either party, you shall immediately cease all use of the Marks and disable all links you have established to the Site and you will destroy all physical representations of the Marks in your possession. Any amounts due to you on the effective date of termination will be paid within sixty (60) days after the termination date. Sections 6, 8, 9 and 10 shall survive expiration or termination of this Agreement.

General
You may not assign or otherwise transfer (including by operation of law or change of control) this Agreement, in whole or part, without the prior written consent of textbookrental.ca. Any attempted assignment or transfer in violation of this provision is null and void. The term "including," whenever used herein, means including but without limiting. Waiver of any default or failure to enforce any provision of this Agreement must be in writing and shall not in any way affect the waiving party's right thereafter to enforce and compel strict performance of every term and condition hereof. This Agreement shall be governed by and construed in accordance with the laws of Canada and the Province of Ontario without reference to its choice of law provisions. The parties hereby submit to the exclusive jurisdiction venue of the provincial and federal courts in and for Toronto, Ontario in any disputes arising out of the Agreement. The parties hereby waive trial by jury. This Agreement represents and incorporates the entire understanding of the parties hereto with respect to the subject matter hereof and all other representations, covenants or understandings of any kind related hereto are superseded. The invalidity, illegality or un-enforceability of any provision of this Agreement shall not affect the validity, legality or enforceability of any other provisions of this Agreement, all of which shall remain in full force and effect. No failure or delay by textbookrental.ca to exercise, and no course of dealing with respect to any of textbookrental.ca's rights regarding your obligations of this Agreement, shall operate as a waiver thereof. textbookrental.ca may modify this Agreement at any time by posting an updated Agreement at this IP address.

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