Agreement This Agreement
contains the complete terms and conditions that apply to an individual's or entity's participation in the Misermart.com shopping mall. As used in this Agreement, "Misermart.com" means Misermart.com, Corp.,
and "you" or "your" means the applicant. "Site" means a World Wide Web Site and, depending on the context refers either to the Misermart.com site or to the site that we will link to our
site. The term of this Agreement will begin upon Misermart.com's acceptance of the applicant's application and will end when terminated by either party. Either party may terminate this Agreement at any
time, with or without cause, by giving the other party written notice of termination. Misermart.com may withhold the applicant's final payment for a period not to exceed one month from the time of termination
to ensure that the correct amount is paid. Misermart.com has the right to reject any merchants application without notice and has sole discretion over which sites are approved so that the integrity of the mall will
remain intact. Misermart.com may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site.
Modifications may include, but are not limited to, changes in fees, fee schedules, payment procedures. IF ANY
MODIFICATION IS UNACCEPTABLE TO THE APPLICANT, THE ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. THE APPLICANT'S CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON
OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
Misermart.com makes no express or implied warranties or representations with respect to your participation in the mall (including, without limitation, warranties of fitness, merchantability,
non-infringement, or any implied warranties arising out of a course of performance. In addition, Misermart.com makes no representation that the operation of our site will be uninterrupted or error-free, and will not
be liable for the consequences of any interruptions or errors. The applicant will be solely responsible for the development, operation, and maintenance of the your site and for all materials that
appear on your site.The technical operation of the referring site and all related equipment. The accuracy and appropriateness of materials posted on your site (including, but not limited to, all
product-related materials) Ensuring that materials posted on the referring site do not violate or infringe upon the rights of any third party (including, but not limited to, copyrights, trademarks, privacy, or other
personal or proprietary rights) Ensuring that materials posted on your site are not libelous or otherwise illegal Misermart.com disclaims all liability for these matters. Further, the applicant will
indemnify and hold Misermart.com harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
Relationship of Parties Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. The applicant
will have no authority to make or accept any offers or representations on our behalf. The applicant is not authorized to make any statement, whether on your site or otherwise, that reasonably would contradict the
terms stated in this Section. Limitation of Liability  Misermart.com will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this
Agreement whether or not Misermart.com has been advised of the possibility of such damages. Further Misermart.com's aggregate liability arising with
respect to this Agreement will not exceed the total fees paid to Misermart.com under this Agreement.
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