Terms of Use
Last Updated: September 6, 2023
Please carefully review these Terms and Conditions of Use before accessing this site. By utilizing our website, you agree to adhere to and be bound by the following terms of use. We urge you to regularly review the terms and conditions for any updates. If you do not consent to these terms and conditions, please refrain from accessing information or acquiring goods, services, or products from this website.
1. Acceptance of Agreement
By accessing this website (referred to as the “Site”), you acknowledge your agreement with and commitment to abide by the terms and conditions set forth in this Terms and Conditions of Use Agreement (“Agreement”). This Agreement represents the comprehensive and exclusive understanding between Iris Reading and you, our valued customer. It supersedes any preceding or simultaneous agreements, representations, warranties, and understandings pertaining to the Site, its content, products, services, and the subject matter within this Agreement. Iris Reading reserves the right to modify this Agreement at any time and without specific notice. The most recent version will be posted on the Site, and we strongly recommend reviewing it before using the Site.
2. Copyright
The content, structure, graphics, design, compilation, magnetic translation, digital conversion, and other elements related to the Site are protected under relevant copyright, trademark, and registered trademark laws, as well as other proprietary rights, including intellectual property. Reproduction, redistribution, use, or publication of any such elements or any portion of the Site, except as permitted by the Limited Right to Use clause, is strictly prohibited. Ownership rights to all content, including unpublished database information, documents, or materials viewed through the Site, are not transferred to users. Posting information or materials on the Site does not constitute a waiver of any rights pertaining to such information and materials.
3. Deception
Upon becoming a member, you confirm the accuracy of the information provided in our registration form and pledge to adhere to the Terms and Conditions of use for this site. Please be aware that membership may be terminated 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 solely by Iris Reading. In the event of membership revocation, Iris Reading retains the right to refuse application or readmission to the membership program.
4. Limited Right to Use
The act of viewing, printing, or downloading content, graphics, forms, or documents from the Site grants you a restricted, non-exclusive license. This license permits personal use solely for your benefit and prohibits republication, distribution, assignment, sublicensing, sale, preparation of derivative works, or other forms of use. No portion of any content, form, or document may be reproduced in any format or incorporated into any information retrieval system, electronic or mechanical, except for personal use (excluding resale or redistribution).
5. Editing, Deleting, and Modification
Iris Reading reserves the exclusive right, at its discretion, to edit or remove any documents, information, or other content present on the Site, including this Agreement, without notice to users of the Site.
6. Indemnification
You agree to indemnify, defend, and hold us and our partners, including webmasters, web developers, content managers, content developers, anyone associated or employed by Iris Reading LLC, attorneys, staff, and affiliates (collectively referred to as “Affiliated Parties”), harmless from any liability, loss, claim, and expense, including reasonable attorney’s fees, arising from your violation of this Agreement or use of the Site and the services or information provided herein.
7. Non-Transferable
Your right to use the Site is not transferable. Any password or access rights provided to you for obtaining information or documents are non-transferable and may only be utilized by you.
8. Disclaimer
The information provided by or through the Site is provided “as-is” and “as available,” with all warranties, express or implied, disclaimed. This includes disclaimers of 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 disclaim all liability for your use of any information or service. Specifically, but not limited to, 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 similar consequences. This limitation of damages is an essential element of the agreement between us. This Site and the information would not be provided without these 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.
9. Limits
We disclaim all responsibility or liability for any damages caused by third-party adware, bloatware, or malicious code contained within the electronic file or software you may use. We shall not be liable to you for any incidental, special, or consequential damages of any kind resulting from your use of or inability to use our Site. Our maximum liability to you, under all circumstances, will be limited to the purchase price you pay for any goods, services, or information.
10. Use of Information
We reserve the right, and you authorize us, to use and assign all information concerning this website, its usage by you, and all information provided by you in a manner consistent with our Privacy Policy.
11. Third-Party Services
We may provide access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or obtain goods or services. Please note 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 between you and Merchants. Your use of such Merchants is at your sole risk, and there are no warranties of any kind by us, expressed, implied, or otherwise. 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 sites linked to our Site.
12. Third-Party Merchant Policies
All rules, policies, including privacy policies, and operating procedures of Merchants apply to you while on their sites. We are not responsible for information you provide 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.
13. Payments
You represent and warrant that any credit card information you provide is accurate and complete, that charges incurred by you will be honored by your credit card company, and that you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes.
14. Securities Laws
This Site may include forward-looking statements concerning our operations, prospects, strategies, financial condition, future economic performance, and demand for our products or services. These statements are based on assumptions and estimates subject to significant uncertainties, many of which are beyond our control. Words such as “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” and similar expressions on our Site are intended to identify forward-looking statements, designed to be within securities law safe harbors. The Site and the information contained herein do not constitute an offer or a solicitation of an offer for the sale of any securities. None of the information contained herein is intended to be incorporated into any of our securities-related filings or documents.
15. Links to Other Websites
The Site may contain links to other websites. We are not responsible for the content, accuracy, or opinions expressed on such websites, and we do not investigate, monitor, or verify their accuracy or completeness. The inclusion of any linked website on our Site does not imply our approval or endorsement of the linked website. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
16. Submissions
Any suggestions, ideas, notes, concepts, and other information you send to us, post online, or provide in reviews, testimonials, or any other form of submission (collectively, “Submissions”) shall be deemed our sole property and not subject to any obligation of confidence on our part. We shall be deemed to own all known and future 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.
17. Return Policy
Iris Reading maintains a strict NO RETURN policy for most of our products and services. No products shall be eligible for return for a refund, except in cases strictly limited to customer satisfaction, provided that there is no suspicion of disgruntled actions or unrealistic expectations during your interactions with our instructors, our Website, or our Apps. We encourage customers to contact us within 30 days to resolve any disputes, and we commit to providing you with a satisfactory resolution according to the terms of this policy, to which you agree to adhere as outlined herein.
18. Cancellations
Cancellations of individual online sessions or in-person public class registrations are subject to Iris Reading’s discretion and may involve a $50 cancellation fee if cancelled within 48 hours of the scheduled session. Please note that refunds are not available for these cancellations. For private group workshops and exclusive events scheduled in advance, client will incur charges equivalent to any incurred travel and venue expenses, along with a 25% cancellation fee if cancelled within 30 days of the event. Flexible rescheduling options are available at no additional charge.
19. Venue; Applicable Law
You agree that any actions or proceedings arising directly or indirectly out of this Agreement, or your use of the Site or any samples or products obtained 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 a 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 throughout the Site, without giving effect to any principles of conflicts of laws.
20. Lapsed Accounts
To maintain Iris Reading’s membership roster, if a Member fails to access their account for a period of one year or more, Iris Reading may, at its discretion, terminate such Member’s account. Iris Reading will make an effort to notify the Member of its intent to terminate the account by sending notice to the Member’s provided email address at least 30 days before deactivation. If the Member does not respond to this email notice within 30 days of being sent by Iris Reading, the account will be terminated as previously mentioned. Therefore, we strongly recommend that all Members keep their accounts and contact data current and in use. While Iris Reading aims to prevent active accounts from being terminated prematurely, it is not obligated to maintain accounts that appear abandoned. Each Member agrees that failure to access their account for 30 days or more conclusively indicates abandonment of the account, permitting its termination.
21. Verification of Members’ Address
Iris Reading reserves the right to periodically contact a Member via email to verify the accuracy of account information, including the Member’s correct name, email, and address. This information is crucial to provide Members with the information they request from Iris Reading.
Referral Program Agreement
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.
Overview
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.
Program Registration
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.
Customer Service
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
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 the Iris Reading’s online tracking system that is active at the time which 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.
Customer’s Provenance
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.
Product Availability
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.
Responsibilities
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.
Term
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.
Termination
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.
Modifications
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.
Liabilities
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.
Confidentiality
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.
Idemnification
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.
Governing Law
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
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.
Assignment
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.
Entire Agreement
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.
