Last updated: December 1st, 2018
Please read our Affiliate Terms and Conditions carefully before you join our affiliate program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms. These are the agreed terms:
- As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Summit Affiliate (ABN 12 624 768 690 ) (“SA”)
- PROGRAM. Refers to the Summit Affiliate, Affiliate Program
- PARTIES. All references to “Summit Affiliate” herein mean and refer to Summit Affiliate, doing business as Summit Affiliate, and Summit Affiliate owner(s), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that Summit Affiliate, Affiliate who has executed this Agreement by clicking “I Agree.” Summit Affiliate and You are each referred to herein as a “Party,” and collectively as the “Parties.”
- USER AND AFFILIATE. Means a visitor who joins our affiliate program direct from Your website, it also includes you. You are an independent contractor of Summit Affiliate. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between Summit Affiliate and You by virtue of this Affiliate Agreement.
- AFFILIATE TOOLS. Means any material in any medium supplied by us for use by you in promoting the Goods or Services or linking to our Website.
- CONFIDENTIAL INFORMATION. means all information about us. It includes among other things: information about our staff, their personal contact information, our businesses, methods of doing business, future plans, policies, suppliers and customers. It includes information about supplier’s agent’s distributors and customers. It includes information about the Intellectual Property.
- INTELLECTUAL PROPERTY. Means intellectual property owned by us, of every sort, whether or not registered or registrable in any country, including intellectual property of kinds coming into existence after today; and including, among others, patents, trademarks, unregistered marks, designs, copyrights, software, domain names, discoveries, creations and inventions, together with all rights which are derived from those rights.
- OUR WEBSITE. Refers to the Summit Affiliate properties located at summitaffiliate.com
- YOUR WEBSITE. Refers to any websites that you will link to our website
- CONTENT. Means the textual, visual or aural content that is encountered as part of your experience on Our Website. It may include, among other things: text, images, sounds, videos and animations. It includes Content Posted by you.
- SERVICES AND PRODUCTS. Refers to all of the services and products offered for sale by us on our Website.
- MEMBER/CUSTOMER. Refers to a visitor who pays us for Services our Goods.
- SPONSOR. Refers to the person who directly referred you to SA or whose marketing generated your registration
- COMPENSATION. Means the commissions (money) paid by us to you under the terms of this agreement.
- PAYDAY. Means the day each month by which we shall have paid Commission due to you
- TERM AND TERMINATION. Refers to the action of terminating the contract or the fact of being terminated.
Summary of Business
Summit Affiliate is an online education company that teaches entrepreneurs how to start, grow and scale a digital marketing business online. we deliver our training curriculum via online courses and live events.
Summit Affiliate also offers its customers the ability to earn a commission based on the sale of products sold that they own. If an affiliate does not own the product they have made a sale on, that full commission amount would go direct to Summit Affiliate.
To be able to earn commissions as an affiliate, customer is required sign up to and maintain a Summit Affiliate Zone membership subscription. Inside our Summit Affiliate Zone platform we provide ongoing training and tools such as sales funnels, software and marketing material.
Authorization and Contract
By executing the Summit Affiliate, Affiliate Agreement (“Affiliate Agreement”), you apply for legal authorization to become a Summit Affiliate (the “Company”) Affiliate and enter into contract with Summit Affiliate. This Agreement is created to provide detailed guidelines and limitations for all Summit Affiliate, Affiliates.
The purpose of the Summit Affiliate, Affiliate Program is to provide customers who have purchased our training products the opportunity to sell the products that they own. In exchange for successfully making sales and referring Summit Affiliate products to other customers, the company offers compensation pursuant to the terms of the Referral Plan.
To become a Summit Affiliate, Affiliate, an applicant must comply with the following requirements:
- You must be 18 years or older
- This Agreement must be understood and agreed to by a person over 18.
- You register as an Affiliate by completing the online form and by confirming your registration and payment to Affiliate Zone on that form, you agree to be bound by all the terms and conditions set out in this agreement
You are bound your sponsor who you originally signed up under. Affiliates wishing to change sponsors must officially opt out of the SA membership and access to products for a minimum of six months. All sponsored affiliates and previous relationships with other SA affiliates and members will be voided at this time. After the six-month period, you may re-join SA with the sponsor of your choice. If a violation of this policy is discovered, all positions other than the original position will be terminated. HOWEVER, if your sponsor emails SA at firstname.lastname@example.org releasing you as his/her personally sponsored affiliate, you may re-join SA under a different sponsor; SA reserves the right to assess each situation on an individual basis and approval is entirely at SA discretion.
Independent Contractor Status.
The Summit Affiliate, Affiliate is an independent contractor, and not a purchaser of a franchise or business opportunity. Therefore, each Affiliate’s success depends on his or her independent efforts. The agreement between Summit Affiliate and its Affiliates does not create an employer/employee relationship, agency, partnership, or joint venture between Summit Affiliate and the Affiliate. All Affiliates are responsible for paying local, state, and federal taxes due from all compensation earned as an Affiliate of the Company. Affiliates have no express or implied authority to bind Summit Affiliate to any obligation or to make any commitments by or on behalf of the Company. As a self-employed independent contractor, you will be operating your own independent business selling products and services available through Summit Affiliate on your own account. You have complete freedom in determining the number of hours that you will devote to your business, and you have the sole discretion of scheduling such hours. If you are based in Australia or an Australian Citizen or Resident for Tax Purposes you are required to have an ABN no and operate as a sole trader to participate in the Summit Affiliate program. If Affiliates are conducting business in or taking orders from persons in other countries outside of Australia, you will follow the laws of those countries as they apply to your business. For example, you will comply with the European Union’s Privacy and Electronic Communications Directive if you are conducting business in or taking orders from persons in one or more of the European Union countries. Summit Affiliate is not responsible and cannot provide Affiliates with any personal tax or legal advice. Affiliates should consult with their own tax accountant, tax attorney, or other tax professional.
Selling Summit Affiliate Products
As a user of the Summit Affiliate program, you have the opportunity to earn money from (i) commissions for Summit Affiliate products that you sell to other customers and. This Agreement sets forth your rights and obligations as a Summit Affiliate, affiliate program user. You agree to make no representations or claims about any products or services beyond those shown in official Summit Affiliate literature.
Income Disclosure Policy
In an effort to conduct best business practices, Summit Affiliate has developed an income disclaimer. The Summit Affiliate income disclaimer is designed to convey truthful, timely, and comprehensive information regarding the income that Company Affiliates can earn. In order to accomplish this objective, a copy of this income disclaimer must be presented to all prospective Affiliates. Copies of the income disclaimer reviewed on our website – www.summitaffiliate.com
Summit Affiliate does not promise, guarantee or warrant the affiliates business success, income, or sales. The Affiliate understands and acknowledge that Summit Affiliate will not at any time provide sales leads or referrals to the affiliate.
Summit Affiliate Referral Program
Affiliates must adhere to the terms of the Summit Affiliate Referral Plan as set forth in Official Summit Affiliate Materials. Affiliates shall not require or encourage other current or prospective customers or affiliates to participate in Summit Affiliate in any manner that varies from the program as set forth in Official Company Materials. Affiliates shall not require or encourage other current or prospective customers or affiliates to make any purchase from, or payment to, any individual or other entity to participate in the Summit Affiliate Referral Program other than those purchases or payments identified as recommended or required in Official Summit Affiliate Materials.
In an effort to alleviate administrative burdens, Summit Affiliate reserves the right to postpone commission payments until such time your commission cumulative amount equals or exceeds One Hundred Dollars ($100.00) before You receive a payment from Summit Affiliate. If Your commissions for a given month are less than $100.00, Your commissions will be held until Your combined commissions and bonuses equal or exceeds $100.00.
Summary of Summit Affiliate Compensation Plan
Summit Affiliate pays 40% on all products. From time to time, Summit Affiliate may offer promotional discounts. Affiliates will only be paid commissions based on the actual price paid and not on the full value of the product.
If an affiliate purchases any Summit Affiliate product via our payment plan, they won’t be eligible to receive commissions on that product until products payments are made in full as outlined in sales checkout page ie: 3 x monthly payments. Any commissions earned during the payment plan period will be held until all products have been paid in full. If affiliate fails to meet scheduled monthly payment they will not be paid commissions earned.
When an affiliate signs up to the Summit Affiliate, Affiliate Zone membership they will get access to unique affiliate URL, which they will use to advertise and promote Summit Affiliate. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Summit Affiliate account or purchases a product by using their Affiliate Link, the Cookie on the Prospect’s browser, corresponding to their unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which one is to be true.
Affiliate is credited with a Sale. They will be paid a commission for each Sold Service or Product that generates a minimum payment of $7.00 to Summit Affiliate in a month.
Commissions are paid only for transactions that actually occur between Summit Affiliate and a Sale. If the transaction does not actually occur, or if payment from a Sale is not actually received by Summit Affiliate, you will not be paid a Commission on the transaction. If payment for a Sold product later results in a refund or chargeback, and if a commission was paid to the Affiliate for that Sold product, then the commission will be deducted from Affiliate future commissions. If Summit Affiliate determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or will be paid for such Sale. If any Commissions are paid for a Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by Summit Affiliate after payment, such payment amounts shall be deducted from Affiliates future commissions.
The Summit Affiliate Referral Program is based upon the sale of Summit Affiliate products and services to end consumers. Purchasing Summit Affiliate products solely for the purpose of qualifying for commissions is strictly prohibited.
Bonus Buying Prohibited
Bonus buying is strictly and absolutely prohibited. Bonus buying includes: (a) the enrollment of individuals or entities without the knowledge of and/or execution of an Affiliate Agreement by such individuals or entities; (b) the fraudulent enrollment of an individual or entity as an Affiliate or Customer; (c) the enrollment or attempted enrollment of non-existent individuals or entities as Affiliates or Customers (“phantoms”); (d) purchasing Summit Affiliate products or services on behalf of another Affiliate or Customer, or under another Affiliate’s or Customer’s ID number or under a fictitious name to qualify for commissions or bonuses; (e) purchasing excessive amounts of goods or services that cannot reasonably be used or resold in a month; and/or (f) any other mechanism or artifice to qualify for rank advancement, incentives, prizes, commissions, or bonuses that is not driven by bona fide product or service purchases by end user consumers. Affiliates are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and affiliate agrees to repay to Summit Affiliate all Commissions and Bonuses earned as a result of any such violation. Affiliates will not be paid any Commission or Bonus for payments made on their own User Account(s).
All payments for Summit Affiliate products and services may only be refunded within three (3) days (72 hours) from the initial purchase date. Because the digital nature of the products and services and the immediacy of the benefits make a refund commercially impractical, all subsequent fees are non-refundable after the conclusion of this three-day period.
All commissions and bonus payments are paid in US Dollars via Hyperwallet. Affiliates will receive commissions and bonus payments once per month, on 16th of every month in their Hyperwallet account, for sales completed the previous month. The minimum payment will be $100. If affiliates earned less than $100, their commission and bonus payments will roll to the next month until the $100 threshold is met. Upon affiliates first payment they will receive an email to activate and verify their Hyperwallet account to be able to access their payment. They will need to agree to to Hyperwallet T&C’s to be able to use the service – these can be viewed here – https://summitaffiliate.hyperwallet.com/hw2web/consumer/page/legalAgreement.xhtml
Errors or Questions
A Summit Affiliate, Affiliate are responsible for reviewing their referral commissions located in their back office and report any discrepancies within thirty (30) days of
If an Affiliate has questions about or believes any errors have been made regarding commissions, bonuses, or charges, the Affiliate must notify Summit
Use of Marketing and Sales Aids
Anything an affiliate communicate in marketing or selling any Summit Affiliate service or opportunity must be true and accurate. Claims that relate to any Summit Affiliate service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports Summit Affiliate. You may not use the intellectual property of any other person or entity in advertising any Summit Affiliate service or opportunity
While promoting the Company, Affiliates must use the marketing and sales aids and support materials produced by Summit Affiliate. If Summit Affiliate, Affiliates develop their own sales aids and promotional materials (which includes Internet advertising), notwithstanding Affiliates’ good intentions, they may unintentionally violate any number of statutes or regulations affecting a Summit Affiliate business. Accordingly, Affiliates must submit all written sales aids, promotional materials, advertisements, websites and other literature to the Company for approval prior to use. Unless the Affiliate receives specific written approval to use the material, the request shall be deemed denied. All Affiliates shall safeguard and promote the good reputation of Summit Affiliate and its products.
Additionally, Summit Affiliate ’websites and services are provided “As is” without warranty of any kind, either expressed or implied, including without limitation implied warranties of title, merchantability, fitness for particular purpose and non-infringement. Summit Affiliate makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through any Summit Affiliate website, service or product. Any reliance on or use of such materials shall be at your sole risk. Summit Affiliate makes no representation or warranty that (A) Any Summit Affiliate website, service or product will be available on a timely basis, or that access to any Summit Affiliate website, service or product will be uninterrupted, error-free or secure; (B) That defects or errors will be corrected; Or (C) that any Summit Affiliate website or the servers or networks through which any Summit Affiliate’ website is made available are secure or free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
An Affiliate may not build third-party sites that contain materials copied from corporate sources nor create his or her own website to promote the Company without receiving express approval from Summit Affiliate. An Affiliate may not use or attempt to register any of the Company’s trade names, trademarks, service names, service marks, product names, URLs, advertising phrases, the Company’s name or any derivative thereof, for any purpose including, but not limited to, Internet domain names (URL),
On any website that and affiliate advertises any Summit Affiliate product, service or opportunity, you must plainly display (i.e., not in a link, or in small font) the following disclaimer language: I am an independent affiliate of Summit Affiliate, not an employee. I receive referral payments from Summit Affiliate. The opinions expressed here are my own and are not official statements of Summit Affiliate
If an affiliates marketing material
- Their statements must be completely true and accurate and supported by evidence;
- If they use a hypothetical scenario, you must clearly label it as a hypothetical scenario; and
- Their statements must be accompanied by the Summit Affiliate income disclosure statement.
Errors and Corrections
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site’s features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us and we’ll verify it for you.
An Affiliate is fully responsible for all of his or her verbal and/or written statements made regarding Summit Affiliate products, services, and referral fees, which are not expressly contained in Official Company Materials. Affiliate agrees to indemnify Summit Affiliate and hold it harmless from any and all liability including judgments, civil penalties, refunds, attorney fees, court costs or lost business incurred by the Company as a result of the Affiliate’s unauthorized representations or actions. This provision shall survive the cancellation of this Agreement. Affiliate
Summit Affiliate’s Proprietary Information and Trade Secrets
You recognize and agree that information compiled by or maintained by Summit Affiliate, including the database of prospective and existing customers, constitutes a commercially advantageous, unique and proprietary trade secret of the Company, which it keeps confidential and treats as a trade secret. During the term of your contract with Summit Affiliate, the Company grants you a personal, non-exclusive, non-transferable and revocable right to use trade secret, confidential, and proprietary business information (Proprietary Information), which includes, without limitation, access to the Company’s customer database.
During the term of this Agreement and for a period of one (1) year after the termination or expiration of this Agreement between the Affiliate and Summit Affiliate, the Affiliate shall not use the information to compete with the Company or for any purpose other than promoting his or her business with Summit Affiliate. The Affiliate acknowledges that such proprietary information is of such character as to render it unique and that disclosure or use thereof in violation of this provision will result in irreparable damage to Summit Affiliate. Summit Affiliate will be entitled to injunctive relief or to recover damages against any Affiliate who violates this provision in any action to enforce its rights under this section.
Affiliate agrees to use the Trademarks and Copyrights in the form and manner and with appropriate legends as currently used and permitted by the Company. All promotional materials supplied or created by Summit Affiliate must be used in their original form and cannot be changed, amended or altered except with prior written approval from the Company. The name of Summit Affiliate, each of its product names and other names that have been adopted by the Company in connection with its business are proprietary trade names, trademarks and service marks of Summit Affiliate. As such, these marks are of great value to Summit Affiliate and are supplied to Affiliates for their use only in an authorized manner.
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “Summit Affiliate Intellectual Property”) owned by Summit Affiliate may be used, copied, or reproduced by You except as set forth below. No Summit Affiliate Intellectual Property (or any mark confusingly similar to any Summit Affiliate Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion. You must not use the “voice” of, or purport to speak on behalf of, Summit Affiliate. Except as may be explicitly permitted, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials from this site. Systematic retrieval of data or other content from this site to create or compile, directly or indirectly, a collection, database or directory without written permission from Summit Affiliate is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited.
You grant Summit Affiliate permission to use any and all photographs taken by Summit Affiliate or its agents or employees, or submitted by You to Summit Affiliate (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Summit Affiliate or any product or service sold and marketed by Summit Affiliate . You agree that this authorization to use Photographs may be assigned by Summit Affiliate to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in Summit Affiliate’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against Summit Affiliate in exchange for this Release and Assignment. You hereby release and forever discharge Summit Affiliate from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.
Modification of Terms
Because federal, state, and local laws, as well as the business environment, periodically change, Summit Affiliate reserves the right to amend the Agreement and the Referral Program in its sole and absolute discretion. By providing reasonable prior notice to you, we may vary, change, delete or add to these Affiliate terms and conditions. We may give such notice by publishing the relevant information within the most current version of these terms and conditions. By using this site, you (“User”) signify your agreement to these terms and conditions. If you do not agree to these Terms and Conditions, please do not use this site. Please check this page periodically for changes as the owner of this site (“Summit Affiliate”) reserves the right to revise this Agreement. In the event of a change to this Agreement, your continued use of this site following the posting of any changes constitutes acceptance of such changes.
Term and Termination
The term of this Agreement will begin upon our acceptance of your application and will end when terminated by either the Company or you upon thirty (30) days’ notice. In the event of a material breach of this Agreement, Summit Affiliate reserves the right to terminate this Agreement immediately. Upon cancellation or termination, all property rights are forfeited regarding any commissions, referrals or other remuneration derived through your sales. Summit Affiliate reserves the right to terminate all Affiliate Agreements upon thirty days’ notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products via Affiliate channels. No termination of this Agreement will relieve either party for any liability for any breach of, or liability accruing under, this Agreement prior to termination. Summit Affiliate reserves the right to terminate an affiliate’s use of this site at any time without notice and may do so for any breach of this Agreement.
Affiliate agrees that, under certain circumstances, Company may suspend or terminate Affiliate’s use of the Site or Service, including without limitation, if Company believes, in our sole and absolute discretion, that Affiliate has breached any term of this Agreement. Affiliate acknowledges and agrees that all suspensions and terminations shall be made in Company’s sole discretion and that Company shall not be liable to Affiliate or any other party for said suspension and termination. Upon termination, Affiliate license to use the Site, Content or Service and everything accessible by or through the Site, Content or Service shall terminate and the remainder of this Agreement shall survive indefinitely unless and until we chose to terminate it. In the event this Agreement is canceled due to an Affiliate breach, the affiliate forfeits all Commissions and Bonuses owed to them or that may in the future be owed to them.
Summit Affiliate has the right to terminate this Agreement at any time if affiliate engages or has ever engaged in any of the following:
- Harmful Acts – Any dishonest or unethical business practice; any violation of the law; infliction of harm to Summit Affiliate’s reputation; and the violation of the rights of Summit Affiliate or any third party.
- Spamming and Unsolicited Communications – Any communications sent or authorized by an affiliate reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Summit Affiliates reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- Offensive Communications – Any communication sent, posted, or authorized by an affiliate, including without limitation postings on any website operated by an affiliate, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory,
libellous, harassing, or discriminatory; graphically violent; solicitous of unlawful behaviour; or that violates the intellectual property rights of another.
An Affiliate has a right to cancel at any time, regardless of reason. Cancellation must be submitted in writing to the Company at its principal business address or via email to email@example.com The written notice must include the Affiliate’s signature, printed name, address, and affiliate I.D.
During the term of this Agreement and for a period of six (6) months thereafter, any Summit Affiliate, Affiliate must not
You agree that during the period while you are an Affiliate, and for one (1) calendar year following resignation or termination from the Company, you will not encourage, solicit, or otherwise attempt to recruit or persuade any other Summit Affiliate, Affiliate to compete with the business of Summit Affiliate. Furthermore, for the same duration, you agree not to recruit or solicit any of the individual customers or companies listed in the Summit Affiliate customer database for a competing enterprise, unless you can demonstrate a pre-existing relationship prior to this Agreement.
Summit Affiliate desires to provide its Affiliates with the best services and fee schedule possible. Accordingly, Summit Affiliate values constructive criticism and encourages the submission of written comments addressed to Summit Affiliate leadership. However, negative and disparaging comments about the Company calculated to dampen the enthusiasm of other Summit Affiliate, Affiliates and disparage Summit Affiliate represents a material breach of these Policies and Procedures and may be subject to sanctions as deemed appropriate by the Company.
Complaints & Grievances
When a Member has a grievance or complaint with another Member or Affiliate regarding any practice or conduct in relationship to their respective Summit Affiliate business, the complaining Member should first report the problem to his or her Sponsor who should review the matter and try to resolve it with the other
All disputes and claims relating to Summit Affiliate, its products and services, the rights and obligations of an Affiliate and the Company, or any other claims or causes of action relating to the performance of either an Affiliate or Summit Affiliate under the Agreement or the Company terms and conditions shall be settled totally and finally by arbitration in Australia or such other location as Summit Affiliate prescribes. This agreement to arbitrate shall survive any termination or expiration of the Agreement. Nothing in the Agreement shall prevent Summit Affiliate from applying to and obtaining from any court having jurisdiction a writ of attachment, garnishment, temporary injunction, preliminary injunction, permanent injunction or other equitable relief available to safeguard and protect its interest prior to, during or following the filing of any arbitration or other proceeding or pending the rendition of a decision or award in connection with any arbitration or other proceeding.
Summit Affiliate will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Summit Affiliate . Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Summit Affiliate shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one instrument. The provisions of this Agreement, including all documents incorporated herein by reference, embody the whole agreement between you and Summit Affiliate and supersedes any prior agreements, understandings