Fastest Performance
Terms & Condition
Our shared service delivers a powerful, proven platform that’s perfect
for hosting your websites.
1. DEFINITIONS
1.1 “Affiliate Offering Page(s)” means a website, landing page, or online web posting created
and/or supplied by the Affiliate where the Offer(s) may be made available for display and
promotion. The Affiliate acknowledges and agrees that all Affiliate Offering Page(s) may
require prior approval by Leadpages.
1.2 “Leadpages Materials” means the logos, trademarks and trade names, and any
applicable advertising materials and advertising content for marketing and promotional
purposes in connection with the Offer(s).
1.3 “Offer(s)” means any digital content, software application, or software-as-a-service
(SaaS) product that is owned and/or supplied by Leadpages.
1.4 “Program Site” means a website or platform operated by Leadpages and situated at
www.leadpages.net, www.leadpages.com, and/or any other domains owned and operated
by Leadpages used in conjunction with the Program.
1.5 “Policies” means the marketing, distribution, and promotional guidelines and requirements,
as amended or replaced, from time to time, and published in this Agreement or on the
Program Site.
1.6 “Sub-Affiliate” means an independent third party contracted by the Affiliate to market and
promote the Offer(s).
1.7 “User” means a consumer or end user using or purchasing the Offer(s).
2. THE PROGRAM
2.1 You must submit a Program application in order to participate in the Program. You must
provide accurate and complete information in the Program application, including without
limitation, a valid, fully functional, and monitored email address. Leadpages will review the
Program application and will notify you of your acceptance or rejection to the Program.
Under no circumstance shall Leadpages be obligated to accept or review any Program
application. Leadpages may accept or reject any Program application in its sole discretion
and for any reason.
2.2 The Affiliate will be permitted to participate in the Program, subject to Program application
approval and compliance with the terms and conditions of this Agreement, the Policies,
and any applicable IO. Upon Program application approval, the Affiliate will be issued a
unique username and password to access its Program account, neither of which may be
used by any person other than the Affiliate. The Affiliate is responsible for maintaining the
secrecy and security of its Program login credentials. Affiliate shall immediately notify
Leadpages of any breach of security or unauthorized use of the Affiliate’s Program
account. Leadpages shall not be liable for any damage or losses caused by any
unauthorized use of the Affiliate’s Program account.
2.3 If you are submitting a Program application on behalf of a company, corporation, or other
legal entity, you represent and warrant that you have the authorization and capacity to
bind such company, corporation, or legal entity to the terms and conditions of this
Agreement.
2.4 Upon Program application approval by Leadpages, you will receive a unique Affiliate ID
number and Affiliate URL which you will use to market and promote the Offer(s). You are
responsible for ensuring that all Affiliate information and details are accurate and
complete when participating in the Program. When a User clicks through the Affiliate URL,
a cookie (or similar tracking technology) will be set in the User’s Internet browser with
your Affiliate ID. The User’s IP address may also be logged with your Affiliate ID. During a
User’s visit to the Program Site, any transaction related to the Offers(s) (whether a
purchase or refund) will be tracked and recorded based on the existence of the
Leadpages cookie. Leadpages may collect, use and share any information or data
generated through the Offer(s) and/or Program Site for business purposes. In order to
receive proper credit for valid sales, a User must purchase the Offer(s) through your
unique Affiliate URL.
2.5 The Affiliate may engage Sub-Affiliates to promote the Offer(s) in accordance with the
Program, provided that: (i) the Affiliate receives prior written approval and authorization
from Leadpages; (ii) a verifiable name, address and telephone number for each
Sub-Affiliate is delivered to Leadpages immediately upon reasonable request; (iii) the
proposed Sub-Affiliate agrees, in form satisfactory to Leadpages, to abide by terms and
conditions similar to and no less restrictive than the terms and conditions contained in this
Agreement and the Policies; (iv) at no time will the Affiliate engage a Sub-Affiliate who, in
the opinion of Leadpages, acting reasonably, is likely to bring the reputation or standing of
Leadpages into disrepute or is otherwise unsuitable; and (v) the Affiliate acknowledges
and agrees that any breach by a Sub-Affiliate of any term or condition of this Agreement,
the Policies, and/or the IO shall be deemed a breach of this Agreement by the Affiliate,
and any acts or omissions of the Sub-Affiliate shall be deemed an act or omission of the
Affiliate.
2.6 The Affiliate agrees to conduct advertising and promotions in accordance with the
policies, regulations, and guidelines set forth in Schedule “B” attached hereto.
3. LICENSE
3.1 During the term of this Agreement, Leadpages grants the Affiliate a limited, revocable,
non-exclusive, non-assignable, non-transferable license to (i) use, display, promote, and
distribute the Leadpages Materials and Offer(s) that are made available from the Program
Site and to publish the same on the Affiliate Offering Page(s), and in electronic mail
correspondence sent by the Affiliate linking to the Program Site which must be done in
accordance with this Agreement, the Policies, as amended from time to time, and any
terms and conditions defined in the applicable IO; and (ii) use and display the Leadpages
Materials for marketing and promotional purposes in connection with the Offer(s), and
subject to compliance with applicable written instructions and the Policies.
3.2 Affiliate covenants and agrees that (i) it will not attempt in any way, either directly or
indirectly, to alter, modify, or create derivative works of any Leadpages Materials provided
by or obtained from Leadpages, unless otherwise authorized and permitted in writing; (ii) it
will not attempt in any way, either directly or indirectly, to alter, modify, disassemble,
decompile, eliminate, reverse engineer, conceal or otherwise render inoperable or
ineffective any tags, source codes, links, pixels, modules, website, the Program Site, the
Leadpages Materials, or other data provided by or obtained from Leadpages; (iii) it will, at
all times, comply with the terms of this Agreement and any Policies that are
communicated in advance to the Affiliate, which may be amended and replaced from time
to time by Leadpages in its sole discretion; (iv) any and all Affiliate Offering Page(s) will
contain a privacy policy which provides, at a minimum, adequate notice, disclosure and
choices to Users regarding Affiliate’s use, collection, disclosure and security of personal
information; and (v) all consumer data and personal information collected pursuant to this
Agreement shall only be used for legal purposes.
3.3 Leadpages retains the exclusive right, title and interest to the Leadpages Materials
provided to Affiliate, and Affiliate has no rights therein save the limited right to use the
Leadpages Materials pursuant to the terms hereof. All rights which are not expressly
granted herein are reserved by Leadpages and the Affiliate may not make any use of the
Program, the Program Site, the Offer(s), or Leadpages Materials, in whole or in part in any
manner not expressly permitted by this Agreement or any applicable IO.
3.4 Except as otherwise provided in this Agreement or the applicable IO, the timing,
positioning, and display of the Leadpages Materials with regards to any Offer(s) shall be at
the sole discretion of the Affiliate. Nothing herein shall obligate Affiliate to accept or
promote any Offer(s).
4. PAYMENT
4.1 Unless otherwise stated in the applicable IO, Leadpages shall remit payment to Affiliate
on or before fifteen (15) days following the calendar month in which the valid actions
were generated and recorded by Leadpages. Applicable commissions will not be paid for
any actions for which payment has not been received in full by Leadpages, or is
otherwise rejected for any reason by Leadpages. Any pending commissions shall not
bear interest.
Any payments not collected from Users of the Offer(s) referred by the Affiliate or
Sub-Affiliate will be deemed as invalid and will not be included in the calculation of commissions
4.2 The commission rates payable for valid actions generated by the Affiliate shall be as set
forth in Schedule “A” attached hereto. All applicable commissions are calculated based
on the Net New Sales Amount and are applied to all New Customer Revenue & All
Recurring Revenue within the given timeframe. “Net New Sales Amount” means the
gross order amount, less any applicable refunds, chargebacks, reversals, sales tax,
value added tax (VAT), and any applicable payment processing fees generated from the
first transaction of a newly referred first-time Leadpages customer.
4.3 Commission rates may be changed at any time and in Leadpages’ sole discretion. Any
changes to commission rates can be viewed via the Affiliate’s account in the Program. It
is the responsibility of the Affiliate to determine if the payout for a referral link that is being
utilized by the Affiliate has been changed or is discontinued.
4.4 All amounts and currency shall mean United States dollars ($USD) unless otherwise
indicated.
4.5 Each party shall be solely liable for any tax, charge or levy imposed on such party in
respect of its receipt/remittance of any sum due and payable under this Agreement by
any relevant authority and all amounts due and payable by Leadpages to the Affiliate are
inclusive of any VAT, tax, charge or levy which may be imposed on such payment and
Leadpages shall be under no obligation to increase such payment in the event such tax
becomes applicable. The Affiliate shall be solely responsible for taking any action
necessary to recover any amounts under the applicable tax code(s) and applicable laws.
4.6 Each party shall be responsible for any and all fees, charges, costs, and expenses
incurred as a result of its receipt/remittance of any payments under this Agreement.
4.7 No payment will be issued to the Affiliate for (i) invalid, duplicate, rejected, or fraudulent
actions; or (ii) any current or accrued earnings that are less than $50 (the “Minimum
Payment Threshold”) for the applicable payment period. All accrued and unpaid earnings
for valid actions that are below the Minimum Payment Threshold will carry forward to
future payment period(s) until the Minimum Payment Threshold has been reached. All
carry forward amounts will be itemized and applied to the corresponding month’s report or
invoice. Any carry forward amounts shall not bear interest. Affiliate shall be entitled to
payment for all valid current or accrued earnings following any termination of their
account, regardless of whether or not the Minimum Payment Threshold has been
reached. Affiliate further acknowledges and agrees that it will forfeit any payments
following three (3) good faith attempts by Leadpages to remit payment to the Affiliate
where all such reasonable attempts have failed.
4.8 All legal or other fees incurred by Leadpages as a result of: (i) collecting returned checks;
(ii) declined credit cards; (iii) incurring any credit card chargebacks; (iv) invalid actions or
Offer(s) chargebacks; or (v) any other lack of payment related to the Offer(s) referred by
the Affiliate or Sub-Affiliate (where applicable commissions have been paid to the Affiliate)
will be payable by the Affiliate. Leadpages reserves the right to withhold any amounts
resulting from any of the foregoing fees from any future amounts payable to the Affiliate.
In the event that the payments to the Affiliate under this Agreement are insufficient to
cover any of the foregoing fees, the Affiliate agrees to pay the full amount of such fees to Leadpages upon receipt of the applicable invoice.
5. REPORTING
5.1 All reporting shall be based solely on the amount of completed and valid actions counted
and recorded by Leadpages. Leadpages reserves the right to chargeback fraudulent,
invalid, or duplicate actions. Fraudulent actions are defined as any action that is: (i)
generated by means of any device, automated program, or robot without the User’s
knowledge or consent; (ii) generated using stolen, invalid, or fraudulent credit cards; or
(iii) manually created in bad faith by the Affiliate with the direct intent to artificially inflate
commissions payable to the Affiliate.
5.2 In certain circumstances, Leadpages will engage third party tracking providers. The
Affiliate will be required to create an account and agree to the applicable terms and
conditions with the applicable third party tracking provider in order to view and receive
data and commission reports associated with the Affiliate’s promotion of the Offer(s).
These third party tracking providers have separate terms and conditions and Leadpages
has no responsibility or liability relating to them. Leadpages does not endorse, nor shall
Leadpages be responsible for the accuracy of the privacy policy and/or terms and
conditions of the third party tracking providers. The third party tracking providers are
independent third parties and are not affiliated with Leadpages.
6. TERM AND TERMINATION
The term of this Agreement shall commence on the date that the Program application is approved by
Leadpages and shall continue until terminated by either party. Each party reserves the right to cancel this
Agreement at any time by providing the other party with twenty-four (24) business hours written notice.
Notwithstanding the foregoing, Leadpages reserves the right to immediately cancel or suspend this
Agreement and any applicable IO on written notice in the event that the Affiliate has violated any term or
condition of this Agreement, the Policies, or the applicable IO. Affiliate acknowledges and agrees that any
violation of the terms and conditions defined in this Agreement, the Policies, or the IO shall result in the
forfeiture of any and all accrued amounts payable to the Affiliate.
7. CONFIDENTIALITY
Any confidential information and/or proprietary data provided by one party (“Discloser”) to the other party
(“Recipient”), including certain information relating to the Discloser’s business or customers, affiliates,
subsidiaries, agents, or employees; business and marketing plans, processes, strategies and methods or
any information that, based on the circumstances under which it was disclosed, a reasonable person
would treat as confidential shall be deemed “Confidential Information” of the Discloser. Confidential
Information shall not, without first obtaining the Discloser’s written consent, be released by the Recipient
to anyone except an employee or agent, or financial or legal advisor that has a need to know and that is
bound by confidentiality obligations at least as strict as those contained herein, but in no event less than a
reasonable confidentiality standard. Recipient shall not use any portion of Confidential Information
provided by the Discloser for any purpose other than those provided for under the Agreement. The
undertakings and obligations of each party under this Section 7 shall not apply, however, to any
information which it can establish to have: (i) become publicly known through no action on the Recipient’s
part; (ii) been known by the Recipient prior to receipt; (iii) been independently developed by the Recipient;
(iv) been approved for public release by the other’s written authorization; or (v) been required to be
disclosed by law, or to a competent court, government or regulatory body having the right to same, provided that the Discloser is notified immediately of such required disclosure and given the opportunity to
seek a protective order. Following the termination of this Agreement, or otherwise on demand by the
Discloser, the Recipient agrees that it will promptly return the Confidential Information to the Discloser,
including all copies thereof or, if requested to do so by the Discloser, will certify the destruction of the
Confidential Information. The provisions of this Confidentiality section shall survive the expiration or
termination of the Agreement for a period of three (3) years.
8. DATA PROTECTION
8.1 In this Section 8, the following definitions shall apply: (i) “Controller” means an entity that
determines the purposes and means of the processing of Personal Data; (ii) “Personal
Data” means any information that relates to an identified or identifiable individual (and
such term shall include, where required by Applicable Data Protection Law, unique
browser or device identifiers); (iii) “Applicable Data Protection Laws” means any and all
applicable federal, national, state, provincial, or other privacy and data protection laws
(including, where applicable, EU Data Protection Law) as may be amended or
superseded from time to time; (iv) “EU Data Protection Law” means (1) the EU General
Data Protection Regulation (Regulation 2016/679); (2) the EU e-Privacy Directive
(Directive 2002/58/EC); and (3) any national data protection laws made under or
pursuant to (1) or (2); (v) “Processor” means an entity that processes Personal Data on
behalf of the Controller; and (vi) “Sensitive Personal Data” means any information
consisting of racial or ethnic origin, political opinions, religious or philosophical beliefs, or
trade union membership, genetic data, biometric data, data concerning health or data
concerning a natural person’s sex life or sexual orientation.
8.2 The parties acknowledge that some or all of the data that it may collect under this
Agreement may qualify as, or include, Personal Data and that Applicable Data Protection
Laws may apply to the processing of the collected data. Where this is the case, each
party shall comply with such Applicable Data Protection Laws with respect to its
processing of any data that it may collect under this Agreement. Under no circumstances
shall either party collect or transmit any Sensitive Personal Data.
8.3 To the extent that any data collected by a party under this Agreement qualifies as, or
contains, Personal Data under Applicable Data Protection Laws, each party shall process
the collected data it collects as a Controller. Each party shall be individually responsible
for its own compliance with Applicable Data Protection Laws, including for providing any
transparency and obtaining any consents for the processing of collected data that may be
required under Applicable Data Protection Laws.
8.4 Each party agrees that it shall process any data that it collects only for the purposes
permitted by this Agreement and Applicable Data Protection Law. Each party shall
implement appropriate technical and organizational measures to protect any collected
data from (i) accidental or unlawful destruction and (ii) loss, alteration, unauthorized
disclosure of, or access to the collected data.
8.5 Where EU Data Protection Law applies, neither party shall process its collected data (nor
permit its collected data to be processed) in a territory outside of the European Economic
Area (“EEA”) unless it has taken such measures as are necessary to ensure the transfer
is in compliance with EU Data Protection Law. Such measures may include (without
limitation) transferring its collected data to a recipient in a country that the European Commission has decided provides adequate protection for Personal Data, to a recipient
that has achieved binding corporate rules authorization in accordance with EU Data
Protection Law, to a recipient in the United States that has certified compliance with the
EU-US Privacy Shield framework, or to a recipient that has executed standard contractual
clauses adopted or approved by the European Commission.
9. REPRESENTATIONS/WARRANTIES
9.1 Each party represents and warrants to the other party that: (a) it has the full corporate
right, power and authority to enter into the Agreement, to grant the licenses granted
hereunder and to perform the acts required of it hereunder; (b) the execution of the
Agreement by it and the performance of its obligations and duties hereunder, do not and
will not violate any agreement to which it is a party or by which it is otherwise bound; (c) it
will not violate any applicable laws, rules, or regulations; and (d) when executed and
delivered, the Agreement will constitute the legal, valid and binding obligation of each
party, enforceable against each party in accordance with its terms.
9.2 The Affiliate further represents and warrants that (1) the Affiliate Offering Page(s) do not
and will not (i) violate or encourage the violation of any third party copyright, trade-mark,
trade secret or other intellectual property right, or any applicable law, rules or regulations;
(ii) target children under the age of thirteen (13) and/or offers products or services that
are illegal for minors to buy, possess or participate in; (iii) contain viruses, Trojan horses,
browser hijackers, worm scrapers, time bombs, cancel bots, and any other computer
programming routines or engines that are intended to damage, detrimentally interfere
with, modify, impede, surreptitiously intercept, or expropriate any computer system data
or information; (iv) conduct any fraudulent or otherwise illegal activity, or harass the User;
(v) contain any content which is defamatory, libelous, abusive, obscene, pornographic,
misleading, deceptive, fraudulent or otherwise inappropriate; (v) otherwise violate any
applicable law, rules or regulation; or (vi) otherwise violate any Policies or instructions
communicated to the Affiliate regarding the marketing and promotion of the Offer(s); (2) it
is not subject to nor owned or controlled by any person that is subject to sanctions or
export control restrictions imposed pursuant to U.S. law or the laws of any other
jurisdiction applicable to the performance of this Agreement; (3) it will not take any action
that could result in economic sanctions or other trade control restrictions or penalties
being imposed on Leadpages; and (4) it will comply with the Policies.
9.3 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS
EXPRESSLY SET OUT IN THIS AGREEMENT, THE PARTIES DISCLAIM ALL
WARRANTIES, CONDITIONS, REPRESENTATIONS, INDEMNITIES AND
GUARANTEES WITH RESPECT TO ANY MATTER HEREUNDER, INCLUDING
WITHOUT LIMITATION, PLACEMENT OF ADVERTISING AND ANY OTHER
SERVICES PROVIDED, WHETHER EXPRESS OR IMPLIED (INCLUDING WITHOUT
LIMITATION ANY WARRANTY OF SATISFACTORY QUALITY, MERCHANTABILITY,
FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT AND ANY
PROMISE OF ANY LEVEL OF SUCCESS WITH RESPECT TO ANY OFFER(S) OR
INSERTION ORDER, IN PART OR WHOLE). THE PROGRAM AND THE PROGRAM
SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. LEADPAGES
DOES NOT REPRESENT OR WARRANT THAT THE PROGRAM AND PROGRAM
SITE WILL ALWAYS BE ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE,
ACCURATE, COMPLETE AND ERROR FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES LEADPAGES WARRANT ANY CONNECTION TO OR
TRANSMISSION FROM THE INTERNET TO OR FROM ANY NETWORK OR QUALITY
OF ANY COMMUNICATION MADE USING THE PROGRAM.
10. INDEMNIFICATION
Subject to the limitations expressed in this Agreement, each party shall indemnify, defend and hold
harmless the other party and any officer, director, employee, parent company, subsidiary or affiliated
company from and against any and all third party claims, actions, proceedings, suits, losses, costs,
expenses, liabilities or damages, including, without limitation, reasonable fees and disbursements of
counsel whether or not suit is brought (collectively, the “Claims”) suffered or incurred by or arising from
any breach by the indemnifying party of any of its representations, warranties and covenants under this
Agreement or in the IO. Each party’s obligation to indemnify the other Party is subject to: (i) the
indemnified party giving prompt written notice to the indemnifying party in the event that it becomes aware
of a Claim or the possibility of a Claim requiring indemnification; (ii) the indemnified party giving full
cooperation with the indemnifying party, at the indemnifying party’s expense, in responding to, defending
or settling any such Claim; (iii) the indemnifying party keeping the indemnified party fully informed of the
actions and positions taken by the claimant and taken or proposed to be taken by the indemnifying party,
including the decision to defend or not defend the claim or complaint; (iv) the indemnified party giving the
indemnifying party sole control of the defense of the Claim and that all costs and expenses incurred by the
indemnifying party in investigating, resisting, litigating and settling the Claim, including the payment of any
award of damages and/or costs to any third party, will be paid by indemnifying party provided that no
settlement shall be entered into by the indemnifying party that imposes any legal or financial obligation on
the indemnified party without the indemnified party’s prior written consent; and (v) the indemnified party
not admitting any liability or entering into any settlement regarding the Claim on behalf of the indemnifying
party. Notwithstanding the foregoing, the Parties further agree that the indemnified party may elect to
participate, at its sole cost and expense, as a party in any litigation involving the Claim to the extent that
the court may permit.
11. LIMITATION OF LIABILITY
EXCEPT FOR EACH PARTY’S INDEMNIFICATION OBLIGATIONS OR THE BREACH BY EITHER
PARTY OF ITS CONFIDENTIALITY OBLIGATIONS, IN NO CIRCUMSTANCE SHALL EITHER PARTY
LIABLE TO THE OTHER FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR
INCIDENTAL DAMAGES OR LOST PROFITS (INCLUDING WITHOUT LIMITATION CLAIMS FOR LOSS
OF GOODWILL, USE OF OR RELIANCE ON THE SERVICES PROVIDED HEREUNDER,
INTERRUPTION OF BUSINESS OR IMPAIRMENT OF OTHER ASSETS) ARISING OUT OF BREACH
OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT,
MISREPRESENTATION NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE. THIS
LIMITATION OF LIABILITY SHALL NOT APPLY WITH RESPECT TO THE GROSS NEGLIGENCE OR
WILLFUL MISCONDUCT OF EITHER PARTY.
12. RELATIONSHIP OF PARTIES/THIRD PARTY RIGHTS
The relationships of the parties to this Agreement shall be solely that of independent contractors, and
nothing contained in this Agreement shall be construed otherwise. Nothing in this Agreement or in the
business or dealings between the parties shall be construed to make them joint ventures or partners with
each other, nor have the parties granted to each other any right or authority to assume or create any
obligation of responsibility, express or implied, on behalf of or in the name of the other, or to bind the other
in any manner whatsoever. This Agreement is not made for the benefit of any third party who is not a party
hereto, and only the parties hereto or their respective successors and permitted assigns will acquire or
have any benefit, right, remedy or claim under, or by reason of, this Agreement.
13. GENERAL
13.1 The Agreement, and all claims related to it or the performance by both parties under it,
will be interpreted, construed and governed exclusively in all respects in accordance with
the laws of the State of Minnesota, USA, excluding its conflict of law rules and the United
Nations Convention on Contracts for the Sale of International Goods. The parties shall
endeavor to settle any dispute arising out of or in connection with this Agreement, or in
respect of any legal relationship associated with or derived from this Agreement, by direct
negotiation between their managing directors or similar senior executives. In the event
that such direct negotiation does not result in a resolution of the dispute, the parties
irrevocably submit to the exclusive jurisdiction of the courts of Hennepin, Minnesota with
respect to any and all legal action and proceedings and expressly and irrevocably waive
any defense of personal and/or subject matter jurisdiction in those courts or any claim on
the grounds of forum non conveniens.
13.2 Affiliate may not assign this Agreement without the express written consent of Leadpages.
Leadpages may assign this Agreement, without Affiliate’s consent, to its parent company
or any of its affiliates or subsidiaries. The term “affiliate” as used herein shall mean an
entity that is controlled by, controlling or under ultimate common control of Leadpages.
This Agreement will inure to the benefit of and be binding upon the respective successors,
heirs and assigns of both Leadpages and the Affiliate.
13.3 No term or condition of this Agreement will be deemed waived, and no breach excused,
unless such waiver or consent excusing the breach is in writing and signed by
Leadpages. The failure of Leadpages to enforce at any time any of the provisions of this
Agreement, or the failure to require at any time performance by Affiliate of any of the
provisions of this Agreement, shall in no way be construed to be a present or future
waiver of such provisions, nor in any way affect the ability of Leadpages to enforce each
and every such provision thereafter.
13.4 In the event that any term, covenant or condition of this Agreement is declared indefinite,
invalid, illegal or unenforceable by a court having jurisdiction then this Agreement with
respect to the remaining terms, covenants or conditions will continue in force.
13.5 Any notice or other communication permitted or required in the Agreement will be in
writing and given by personal delivery via courier or transmitted by facsimile or electronic
mail to the receiving party at the address noted in the Program or the applicable IO. Any
such notice will be deemed to have been received on the date on which it was transmitted
by electronic mail, facsimile, or delivered.
13.6 From time to time, Leadpages may amend, supplement or replace this Agreement or the
Policies in part or in whole, on notice to the Affiliate. Affiliate’s continued use of the
Program and Program Site following receipt of such Notice shall constitute Affiliate’s
acknowledgement and acceptance of the updated terms and conditions to the Agreement
and/or Policies.
©2023 Leadpages (US), Inc. All Rights Reserved.
13.7 This Agreement constitutes the entire agreement between the parties with respect to the
Offer(s) noted in the Agreement or the applicable IO and supersedes any previous or
contemporaneous representations, negotiations, understandings, and agreements, oral or
written.
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