Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us (Iris Reading) and you (the customer), and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters, or any part of the Site, except as allowed by Limited Right to Use, is strictly prohibited. You do not acquire ownership rights to any content, including any database information not directly published to the public, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
By becoming a member, you confirm that the information provided in our registration form is true and that you agree to abide by the Terms and Conditions of use of this site. Please note that your membership can be cancelled without notice if it is determined that false or misleading information has been provided, the Terms and Conditions of use have been violated, or other abuses have occurred as determined by Iris Reading in its sole discretion. If membership has been revoked, Iris Reading reserves the right to refuse application or readmission to the membership program.
Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Editing, Deleting and Modification
iris Reading reserves the right in its sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.
You agree to indemnify, defend and hold us and our partners (including webmasters, web developers, content managers, content developers, anyone associated and or employed by Iris Reading LLC, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site and the services or information provided herein.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.
THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
All responsibility or liability for any damages caused by any third party adware, bloatware, or malicious code contained within the electronic file or software you may use is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will only be equal to the purchase price you pay for any goods, services or information.
Use of Information
We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
Links to Other Websites
The Site contains links to other Websites. We are not responsible for the content, accuracy or opinions express in such Websites, and such Websites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Website on our Site does not imply approval or endorsement of the linked Website by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
All suggestions, ideas, notes, concepts and other information you may from time to time send to us, online post replies, reviews, testimonials (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.
Due to the nature of our services and the products listed (except in cases where physical media such as DVDs apply) , Iris Reading has a strict NO RETURN policy for any product. No product shall be able to be returned for a like item, or for a refund, unless it is strictly limited to instances related to customer satisfaction so long as suspicion of disgruntled actions or unrealistic expectations are not present during your interaction with our instructors, our Website, or our Apps. We encourage our customers to reach out to us within 30 days in order to resolve any disputes, and to provide you with a satisfactory resolve by this agreement, to which you agree to comply as stated in this policy.
Cancellation of any online or in person live class session rendered is left to the sole discretion of Iris Reading, and potentially entitled to a full refund so long as a minimum 48-hour notice is submitted to customer support prior to the scheduled date & time of the session in question. Cancellations within the 48-hour window of a 1-on-1 online live session however, will incur a $50 cancellation fee with the remainder of the paid amount refunded within five to seven days from the date the service transaction is processed. Live classes are subject to a full refund as long as a 1-week notice is received prior to the scheduled date of the live event in question. Rescheduling within the 1-week timeframe will incur a charge equal to the difference in any travel and venue expenses associated with the event, and a 25% fee will be applied to any cancellation of a live event unless an advanced seven-day notice is provided.
Venue; Applicable Law
YOU AGREE THAT ALL ACTIONS OR PROCEEDINGS ARISING DIRECTLY OR INDIRECTLY OUT OF THIS AGREEMENT, OR YOUR USE OF THE SITE OR ANY SAMPLES OR PRODUCTS OBTAINED BY YOU THROUGH SUCH USE, SHALL BE LITIGATED IN THE CIRCUIT COURT OF ILLINOIS IN THE US. YOU ARE EXPRESSLY SUBMITTING AND CONSENTING IN ADVANCE TO SUCH JURISDICTION IN ANY ACTION OR PROCEEDING IN ANY OF SUCH COURTS, AND ARE WAIVING ANY CLAIM THAT CHICAGO, ILLINOIS IS AN INCONVENIENT FORUM OR AN IMPROPER FORUM BASED ON LACK OF VENUE. This site is created and controlled by Iris Reading. As such, the laws of ILLINOIS will govern the terms and conditions contained in this Agreement and elsewhere throughout the Site, without giving effect to any principles of conflicts of laws.
In order to keep Iris Reading’s membership roster current, if a Member does not access his or her account for a period of 1 year or more, Iris Reading may, in its sole discretion, terminate such Member’s account. Iris Reading will endeavor to notify a Member of Iris Reading intent to terminate such Member’s account by notice to such Member’s provided email address at least 30 days prior to deactivation. If the Member fails to respond to such email notice within 30 days after the day it is sent by Iris Reading, such Member’s account will be terminated as noted above. Therefore, Iris Reading strongly recommends that all Members keep their accounts and contact data current and in use. While Iris Reading desires to prevent active accounts from being terminated prematurely, Iris Reading has no obligation to maintain accounts that appear to have been abandoned. Each Member agrees that failure to access his or her account for 30 days or more conclusively indicates that such Member’s account has been abandoned and that the account may therefore be terminated.
Verification of Members’ Address
Iris Reading reserves the right to contact a Member via email to occasionally verify the accuracy of account information (including the Member’s correct name, email, and address) that is needed to provide the Member with the information he or she requests from Iris Reading.
Information Collected and How We Use It
We may collect the following information:
• Name and job title.
• Contact information including email address.
• Demographic information such as postal code, preferences and interests.
• Other information relevant to customer surveys and/or offers.
What we do with the information we gather
We only have access to or collect information that you voluntarily submit through our web site, voluntarily submitted during a live class session, information transmitted by the devices you use to access our content, small pieces of data which are stored in your browser called cookies, or other direct contact from you. This information may include your device’s IP address, your location, web login information for our online courses, and information obtained through contact with our customer support to troubleshoot and facilitate access to the Site. We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:
• Internal record keeping.
• We may use the information to improve our products and services.
• We may use your information to respond to you, regarding any reasons for which you may contact us.
• We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.
From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax or mail. We may use the information to customize the website according to your interests.
We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to provide you with payment options, to process your payments, send you information about our live classes, and ship media whenever online access to such is not possible due to technical difficulties on either your end or ours.
We also use the data for the refinement of our content and our web sites, the ways in which we make such content available to you, and for analytics, which helps us improve our services to better serve you by enhancing your online experience on our web sites.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences. We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us. You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer, although this may prevent you from taking full advantage of the our websites and apps.
Outside Links and Security
Our websites and app may contain links to other websites of interest or which we may use to process payments, to organize events, or to offer registration options to our classes, special promotions and events. We only share information with these companies as an extension of the services we provide to you and for the purposes of getting the content requested by you. We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
Please be aware that once you leave our web site you are then under the privacy policies of those websites, and we are not responsible for their content or privacy practices. We encourage our users to read the privacy statements of any other site that collects personally identifiable information, and that although some of these outside links may display our name and/or logo, be aware it is only for branding identification purposes and that we are not in any way directly affiliated to those websites unless otherwise specified. When it comes to actual payment, your financial details are handled by a third party payment processing company with a secure, encrypted system so we will never actually see you credit card details unless it is expressly given to our customer support staff for the purposes of providing you with our services. Otherwise, we will only receive your order payment details, as you provide them to the third party payment processing company, along with a confirmation that you have completed the transaction.
Whenever the website of a payment processing company collects sensitive information (such as personal or credit card data), that information is encrypted and transmitted in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for https (Hypertext Transfer Protocol Secure Layer) at the beginning of the address of the webpage whenever you navigate to their form submission page, or through their login or payment processing web pages.
If at any point you would prefer to use another method of payment, please contact us at: email@example.com and we will do our best to find a suitable solution.
Limitation to Online and Live Classes
Your Access to and Control Over Information
We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so. You may opt-out of any future contacts from us at any time by contacting us by email at firstname.lastname@example.org, by phone at 312-857-4747, by using one of the opt-out links provided within emails you have agreed to receive from us, or by writing to our postal address:
134 North LaSalle St., Suite 2160
Chicago, IL 60602
Additionally, you may also request to see what data we have about you, if any. You may ask us to manually delete any data we have about you or add you to our opt-out lists. You also have the right to express any concern you may have about our use of your data. If you believe that any information we are holding on you is incorrect or incomplete, please email us as soon as possible, at email@example.com. We will promptly correct any information found to be incorrect.
The information contained in this website, irisreading.com, are strategies, tips and tricks that are recommendations by Iris Reading LLC, the owners of this website, and reading this website does not guarantee that one’s results will exactly mirror your own results. We, the owners of this website, have made all reasonable efforts to provide current and accurate information for the readers. We will not be held liable for any unintentional errors or omissions that may be found. Our material may include information, products, or services by Third Parties. Third Party materials comprise of the products and opinions expressed by their owners. As such, we do not assume responsibility or liability for any Third Party Material or opinions. The publication of such Third Party materials does not constitute a guarantee of any information, instruction, opinion, products or service contained within the Third Party Material. Use of recommended Third Party Material does not guarantee that your results, with Iris Reading will mirror our own. Publication of such Third Party Material is simply a recommendation and expression of our own opinion of that material. No part of this website, shall be reproduced, transmitted or resold in whole or in part in any form, without the prior written consent of us, the owners. All trademarks and registered trademarks appearing in Iris Reading are the property of their respective owners. Some of the information contained in this website is for informational purposes only. Users of this website are advised to do their own due diligence and research when it comes to making decisions. By reading and using the information from this website, you agree that us and our company are not responsible for the success or failure of your decisions relating to any information presented in this website.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND IRIS READING LLC. BY CLICKING ON THE SIGNUP BUTTON AT THE END OF THE REGISTRATION PAGE, 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.
The name of this program is the Iris Referral Program (hereafter the “affiliate program”). The Referrer (hereafter “recipient”) represents and warrants to Iris Reading to have read and understood the Privacy Policies and agrees to the terms set forth therein. For purposes of this Agreement, the term “recipient” refers to the individual who applies for and is accepted into the affiliate program. The term “Iris Reading” refers to the sponsor of the affiliate program, Iris Reading LLC. The term “Iris Reading website or Iris Reading’s website” refers to the website that Iris Reading maintains. The term “recipient website or recipient’s website” refers to the website on which the recipient agrees to place a link or links to the Iris Reading website as specified hereof. “products” means all products or services offered by Iris Reading for sale through its website.
To register for the affiliate program, the recipient must complete and submit to Iris Reading an affiliate signup form, which is included on the Iris Reading’s website and can be completed and submitted (upon agreement to these terms) through this link: www.irisreading.com/referrals.
Approval of Rejection of Program Application
Iris Reading reserves the right to approve or reject ANY affiliate program application if it is non complete, if the recipient’s website contains images or content that is not acceptable to Iris Reading or is inconsistent with the image that Iris Reading wishes to create in association with its website or the general public, or if the recipient’s website contains any illegal, defamatory, derogatory, harassing, harmful, threatening, obscene, vulgar, pornographic, racial or ethnic objectionable materials, depicts sexual situations, promotes discrimination on the basis of race, sex, sexual preference, national origin, ethnicity, nationality, disability, religious or non-religious preference, or if the recipient’s website contains any material that appears to Iris Reading to violate any patent, trademark, copyright, trade secret, confidential information, or other property rights of any other party. The recipient will have no legal recourse against Iris Reading for the rejection of the recipient’s affiliate program application, and even after Iris Reading has accepted the recipient as an affiliate program member, Iris Reading reserves the absolute right to rescind or terminate the recipient’s member status for any reason in its sole and absolute discretion, including but not limited to the reasons set forth above.
Access to Referral Specific Information
After acceptance of the application, the recipient will be provided with access the affiliate’s program member area. From there, the recipient will be able to access and download reports describing Iris Reading’s calculation of referral fees due to the recipient as well as the hyper links needed to link back to the Iris Reading website. The recipient is fully responsible to keep all username and password information secure, and Iris Reading will not be held liable for any unauthorized access to the recipient’s account.
The Recipient Responsibilities
The recipient will be fully responsible for all costs and expenses of maintaining and marketing the recipient’s website, including but not limited to all costs associated with the creation, hosting, modification, and improvements to the recipient’s website, costs of search engine placement and other Internet marketing, costs of inserting the Iris Reading’s links into its website, offline marketing costs, and all other costs and expenses, and the recipient hereby holds Iris Reading harmless from or against the same.
Responsibility to Link to the Iris Reading Website
The recipient will have the obligation to place links on its website directing users to the Iris Reading website. Iris Reading will make available to the recipient text links to be placed on the recipient’s website which will direct users to the Iris Reading website via hypertext link. The recipient is given a limited term license, during the term of the recipient’s active participation as an affiliate program member, to utilize the Iris Reading logo image (hereafter “materials”), on the website that the recipient designates in the recipient’s Referral Signup application (hereafter “affiliate program application or affiliate program form”). These materials will contain its trademarks and other proprietary property. The recipient may display these materials on the recipient’s website for the purpose of promoting the Iris Reading website and participating in this affiliate program. If the recipient quits the affiliate program or if the recipient participation is terminated for any reason, the recipient will immediately cease using these materials and will delete all such materials from its website and from its computer. The recipient will fully cooperate with Iris Reading in the establishment, maintenance, and placement of links on the recipient’s website. The recipient will only be permitted to use the links that Iris Reading provided to the recipient on the website that the recipient designate in the affiliate program application. Any additional websites or entities will require additional submissions of affiliate program applications and approval by Iris Reading. The recipient consents to Iris Reading monitoring the recipient’s website to determine continued compliance with this Agreement, as well as to information relative to traffic from the recipient’s website in the Iris Reading reports. This information may be provided to outside parties.
Iris Reading will be responsible for handling all customer inquiries, product orders, customer billing and collection, and product shipment, relative to customers that enter Iris Reading’s website through the links from the recipient’s website. Pricing of Iris Reading products and services is totally within its discretion and Iris Reading reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advanced notice to the recipient or users accessing the Iris Reading website. Iris Reading only responsibility to the recipient in this regard is to track customer orders that occur through links from the recipient’s website and make reports available to the recipient of the commissions due to the recipient as a result thereof. Iris Reading will have no obligation to provide the recipient with any specific information relative to any customer, regardless of whether they access the Iris Reading website through the link from the recipient’s website. Iris Reading is not responsible for the failure to assign any sale or commissions to the recipient if the same results from the improper formatting of the link from the recipient’s website.
Commissions will be paid to the recipient based upon a percentage of sales made to users who access the Iris Reading website through the recipient’s website. Commissions will be calculated based upon the gross sales price, but not including any shipping and handling, sales tax, special service fees or discounts, late charges, collection costs, and any other payment made to Iris Reading that is not the purchase price for the product that is purchased. Commissions will not be calculated based upon amounts that are attributable to credit card fraud, credits given to customers, bad debt right-off and returned goods. Iris Reading reserves the right to deduct in subsequent months for any commission that Iris Reading paid that is for a product that is subsequently returned or refunded, or for any other reason if the previous monthly commission was overpaid or later subject to reduction. The percentages to be paid as commissions hereunder are currently as set forth within this Agreement. Iris Reading reserves the right to change and amend the commission rate structure at any time, and for any individual or all recipients, in Iris Reading’s sole discretion.
Commissions will only be paid on sales that are tracked through Iris Reading’s online tracking system and indicate the recipient’s website’s link as the source. There is no right to commissions if a user later returns to the Iris Reading website and makes a purchase through another link or source other than through the recipient’s website, in which case, the recipient has no right to commissions based upon subsequent sales, even if the customer first arrived at the Iris Reading website through the link from the recipient’s website. Commissions will only be tracked and paid when the user makes a purchase within the timeframe a cookie is kept within the user’s internet browser after that user visits the Iris Reading website from the link(s) on the recipient’s website.
Iris Reading will pay commission only upon collection by Iris Reading. The recipient has no right to commissions until the applicable customer has paid Iris Reading in full. Only purchases that are made through the Iris Reading’s online ordering process will count towards commission calculations. For example, if a customer visits the Iris Reading website through the link from the recipient’s website and instead of placing an online order calls and places an order via telephone, the recipient will have no right to any commission from that sale.
Commissions will be paid to the recipient on a monthly basis on or about the end of the subsequent month for amounts received by Iris Reading during the previous month. Iris Reading does not guarantee an exact date of calculation of commissions or payments. All payments will be made via the PayPal account information that the recipient supplied in the affiliate program application. Iris Reading does not send payments if the total commission due to the recipient is not at least 50 US dollars. Amounts below that amount will accrue to the recipient account and payment will be made for the month when the recipient’s total commissions achieve the minimum stated above. Iris Reading reserves the right to amend the minimum commission payment amount at any time.
All parties who make purchases through the Iris Reading website, regardless of whether they may have reached its website through the link from the recipient’s website, are deemed to be Iris Reading customers and not the recipient’s customers relative to Iris Reading products and services. Iris Reading will have the right to contact these customers and send future marketing offers to them. The recipient will have no right to commissions on subsequent purchases that may be made by these customers, except for subsequent purchases that may be traced at the time of purchase through a link from the recipient’s website. Additionally, all such customers and purchases will be subject to Iris Reading policies, procedures, terms of service, rules and regulations and the recipient has no right or authority to amend or offer any different offers relative to the purchase of products from the Iris Reading website. Iris Reading however, reserves the right to amend any of its terms, conditions, policies, procedures, pricing, payment policies, collection policies, and all other items relative to Iris Reading’s business and sale of products at any time in its sole discretion.
Trademarks and Copyrights
The recipient will have a non-exclusive, limited term license to use the Iris Reading trademarks, logos, and copyrighted material that Iris Reading may provide to the recipient for use solely on the website that the recipient designate in the affiliate program application. The recipient may use these materials only for the purposes of promoting the Iris Reading website and products on the recipient’s website in compliance with the affiliate program policies and procedures and the terms of this Agreement. The license so granted is subject to complete compliance with all terms and conditions of this Agreement and any policies Iris Reading may create and amend from time to time regarding the affiliate program.
The recipient will only use such materials in the form, size, content, and appearance that Iris Reading presents on the Iris Reading website. The recipient agrees to display these materials prominently on its website. These materials may only be used in if they contain a hypertext link to Iris Reading’s website. This license shall immediately terminate upon the termination from the affiliate program. Iris Reading may also terminate this license upon notice to the recipient in the event that the recipient’s use of these materials is contrary to or does not conform with its standards, such standards to be determined in its sole and absolute discretion. The recipient agrees that Iris Reading retains all right, title and interest in and to all such materials. Iris Reading will retain all goodwill and other value associated with any of these materials. The recipient will not gain any trademark, copyright or other proprietary rights to such materials. The recipient agrees not to take any action that is contrary to or inconsistent with Iris Reading’s rights to these materials. The recipient will not use these materials in any way that is damaging, defamatory, disparaging, derogatory, or negative the Iris Reading or that paints Iris Reading in a false or negative light. Iris Reading may revoke the limited license granted hereunder at any time in writing to the recipient. Upon termination or revocation, the recipient will immediately cease from any use this material.
The recipient is not permitted to use any other proprietary materials, including but not limited to trademarks, copyrights, logos, text, and any other materials that belong to Iris Reading or to any other party and which may appear on the Iris Reading website.
Iris Reading cannot guarantee product availability or the term of any price or special promotion or offer, including but not limited to live classes or online courses offered at any point I time.
The recipient is responsible for all matters pertaining to the recipient own website including its development, maintenance, operation and placing links on the recipient’s website in compliance with the terms of the affiliate program. The recipient is completely responsible for all items that appear on its website and for assuring that such items do not infringe upon or violate the rights of any other party. Iris Reading is not responsible for any matter pertaining to the recipient’s website or the content thereof and the recipient holds Iris Reading harmless and indemnifies Iris Reading from any and all claims, suits, threats, demands, liabilities, actions, causes of action related in any way to the recipient’s website and business. Such indemnity includes Iris Reading costs and attorney fees in defending any such matter. The recipient represents and warrants to Iris Reading that its website does not and will not contain any materials that are illegal and that the recipient’s website is not operated for an illegal purpose or in an illegal manner.
Representations and Warranties
The recipient hereby represents and warrants to Iris Reading to have the complete power and authority to enter into this Agreement and that this Agreement constitutes a valid and legally enforceable Agreement. The entry of this Agreement has been duly and validly authorized by all necessary corporate or other organizational actions and approvals. The recipient’s entry of this Agreement is not prohibited by the terms of any document, is not contrary to any law, rule or regulations, and is not in violation of any court or administrative order.
The effectiveness of this Agreement shall not commence until the recipient’s affiliate program application is accepted by Iris Reading. The effectiveness hereof and binding effect shall occur upon Iris Reading’s acceptance of the recipient affiliate program application. This Agreement shall remain in full force and effect until terminated by the recipient or by Iris Reading. Either Iris Reading or the recipient may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination in compliance with this Agreement. Notices sent hereunder shall be via email to the recipient at the email address indicated in the recipient affiliate program application. Any and all notices to the recipient via email at such address shall be deemed to be effective notice to the recipient for all purposes.
The recipient will forfeit all right to receive past commissions that may have accrued to the recipient if this Agreement is terminated as a result of the recipient failure to comply with the terms of this Agreement or any policies and procedures of the affiliate program that may be established and amended by Iris Reading in its discretion from time to time. If this Agreement is terminated for any other reason, the recipient will have a right to receive only its accrued commissions through the effective date of termination and as tracked by Iris Reading, or such accrued commission shall be forfeited. Iris Reading has the right to withhold final commission payments for sufficient time in order to assure that the amount paid to the recipient is accurate and not subject to later adjustment for returns or any other reason, including but not limited to illegitimate commission referrals. If following final payment Iris Reading determines that the amount of commissions that the recipient were paid was too high, as a result of subsequent returns or any other adjustment or reason, the differential shall be a debt from the recipient to Iris Reading and Iris Reading shall have all legal right to receive a refund of such overpaid commission from the recipient.
Iris Reading reserves the right in its sole and absolute discretion, to modify any terms and conditions of the affiliate program and the terms and conditions of this Agreement upon or without notice to the recipient. Notice of any changes may be given via email to the recipient or by posting such changes in the affiliate program sections of the Iris Reading website. Such changes and modifications will take effect upon transmission of email or posting on the Iris Reading website. The recipient may terminate participation in the affiliate program in the event that any of these modifications are unacceptable to the recipient and such termination shall be the recipient sole and exclusive remedy. In the event that the recipient continues to participate in the affiliate program following such modifications, the recipient will be deemed by the recipient continued participation to accept any and all such changes.
THE IRIS READING HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITY RELATED TO ANY DOWNTIME OR FAILURE FOR USERS TO BE ABLE TO ACCESS ITS WEBSITE OR TO ACCESS ITS WEBSITE USING THE LINK FROM THE RECIPIENT’S WEBSITE. FURTHERMORE, IRIS READING SHALL NOT BE RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, THE AFFILIATE PROGRAM, THE RECIPIENT PARTICIPATION IN THE AFFILIATE PROGRAM, THE RECIPIENT ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE PROFIT THROUGH PARTICIPATION IN THIS REFERRAL PROGRAM, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTIBILITY, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON IRIS READING’S COURSE OF DEALING OR USAGE OF TRADE. IRIS READING DOES NOT REPRESENT OR WARRANT THAT ITS WEBSITE OR ANY APPLICATION, INCLUDING BUT NOT LIMITED TO ITS LINK TRACKING FEATURES, WILL BE ERROR FREE OR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
THE IRIS READING SHALL NOT BE RESPONSIBLE FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES, LOSS PROFITS, LOST BUSINESS OPPORTUNITY OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER IRIS READING WAS OR HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT THE SAME.
Without limiting the forgoing, Iris Reading’s total liability for any damages arising hereunder shall never exceed the total commissions paid and payable by Iris Reading pursuant to the terms hereof.
In the event that any information is disclosed to the recipient through the recipient’s participation in the affiliate program related in any way to the Iris Reading company and business which Iris Reading deem to be confidential and proprietary, the recipient agrees to hold such information in the strictest of confidence and not to disclose such information to any other party or to use any such information for the recipient own purposes. Confidential information will include any information regarding Iris Reading’s changes or modifications to this Agreement or this referral program (which Iris Reading shall have no obligation to make) or any special treatment that the recipient may receive (which Iris Reading reserves the right to provide in its sole discretion to any referral). Confidential information shall also include any and all information related to Iris Reading’s business, business plans, marketing plans, user statistics, financial information, pricing, profits, membership information, affiliations, sales information, and all other information, which Iris Reading considers to be confidential and proprietary.
The recipient hereby indemnifies and holds Iris Reading, and all of Iris Reading’s, officers, directors, employees, contractors, successors, and assigns harmless from and against any and all claims, liabilities, damages, actions, causes of action, suits, threats, demands, settlements, including all costs and attorney fees related thereto, that Iris Reading may incur and which are based in whole or in part upon the recipient participation in the affiliate program, any claims that any of the recipient trademarks and other proprietary material infringe upon the rights of any other party, the recipient breach of any term, covenants, condition, representation or warranty contained in this Agreement or any policies of participation in the affiliate program, or any claim related directly or indirectly to the recipient use, operation or the content of the recipient’s website.
This Agreement shall be interpreted under the laws of the State of Illinois Any and all legal actions relative hereto shall be in the courts of Illinois
Relationship of The Parties
The parties hereto are independent contractors and nothing contained herein shall be interpreted as creating any relationship other than that of independent contracting parties. The parties shall not be construed as being partners, joint venturers, shareholders, or employer/employee. The recipient has no power or authority to bind Iris Reading to any obligation, Agreement, debt or liability. The recipient shall not hold itself out as an agent or representative of Iris Reading.
Notices to Iris Reading shall be sent by electronic mail only to Iris Reading agents with a valid email under the irisreading.com domain. Notices to the recipient shall be by email addressed to the email address that the recipient provided to Iris Reading in the recipient affiliate program application. It shall be the recipient responsibility to check the recipient’s email periodically to monitor all notices set forth thereon.
This Agreement is only for the benefit of the party that the recipient list in the affiliate program application. The recipient shall have not right to assign this Agreement or any benefits or obligation hereunder to any other party or legal entity. Any attempted assignment shall be void.
This Agreement sets forth the entire Agreement and understanding between the parties with respect to the subject matter hereof and supersedes any and all prior discussions, understandings, Agreements, representations, warranties or covenants between the parties related to the subject matter hereof. This Agreement may only be amended by Iris Reading. Any waiver of a breach or default under this Agreement shall not constitute a waiver of any subsequent or other breach or default and shall not serve to modify the Agreements set forth herein.
If any provision or term of this Agreement is held to be invalid for any reason, it shall not affect the enforceability of the remainder of this Agreement or any other term or condition of this Agreement.