<!-- 
// (c) 2000-2001 Live365, Inc.  All rights reserved.

function checkCheckBox(f){
if (f.agree.checked == false )
{
alert('You must read and accept the Agreement before continuing.');
return false;
}else
return true;
}

function agreement(){
document.write("<FORM NAME=\"agreement\" action=\"/affiliate/application.html\" method=\"GET\"  onsubmit=\"return checkCheckBox(this)\">")
document.write("<b>Affiliate Agreement</b><br>")
document.write("<textarea wrap=\"VIRTUAL\" cols=\"50\" rows=\"6\">")
document.write("LIVE365 AFFILIATE AGREEMENT")	
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document.write("PLEASE READ THIS DOCUMENT CAREFULLY BEFORE PROCEEDING.")
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document.write("By clicking on the \"I Accept\" button you agree to be bound by the terms of this Affiliate Agreement (\"Agreement\") and you represent that you have read and understand this Agreement.  If you do not agree to the terms of this Agreement, do not proceed with your registration. ")
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document.write("This Agreement is a legal agreement between you (either an individual or an entity) and Live365, Inc. (\"Live365\"), which owns and operates the website www.live365.com (the \"Live365 Site\"), and contains the complete terms and conditions that apply to your participation in the Affiliate Program (as defined below), including warranty and liability disclaimers. ") 
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document.write("The \"Affiliate Program\" is the affiliate program of Live365, as administered by Live365 and its agents or representatives from time to time, pursuant to which you may post graphics or text provided by Live365 on a website that you own and which you identify during your registration for the affiliate program (the \"Affiliate Site\").  Live365 will also provide code to permit these graphics and text to be links to the Live365 Site.  As further described in this Agreement and subject to the terms, conditions and limitations described in this Agreement, Live365 will compensate you when users of your Affiliate Site click on these links and reach the Live365 Site (each such click, a \"Click-Through\").")
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document.write("Live365 may terminate this Agreement and/or the Affiliate Program at any time in its discretion.")
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document.write("This Agreement is void where it or the Affiliate Program is prohibited by applicable law.")
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document.write("For you to register for the Affiliate Program, you must be of the age of majority in your local jurisdiction, and in any event you must be at least 18 years old. ") 
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document.write("ENROLLMENT IN THE PROGRAM.")
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document.write("To register for the Affiliate Program, you must submit a complete and accurate Affiliate Program registration form via the Live365 Site.  If it accepts your registration, Live365 will send you a confirmation email to notify you of your successful registration.  Live365 may reject your registration if Live365 determines (in its sole discretion) that your Affiliate Site is unsuitable for the Affiliate Program for any reason.  Employees of Live365 may not register for the Affiliate Program.")		
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document.write("If your Affiliate Site is an incentive-based website that offers points, cash payments or rebates or any other compensation to users of your Affiliate Site in exchange for participation (including compensation for clicking on advertising on your Affiliate Site), you may not register for the Affiliate Program.")
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document.write("LINKS.")
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document.write("Following your registration for the Affiliate Program, Live365 will make available to you a variety of graphical and/or textual elements, containing one or more of the Live365 trademarks, service marks and/or trade names on which a user of your Affiliate Site may click to be connected to a page on the Live365 Site, as well as the code for placing such elements on your Affiliate Site (collectively, \"Links\").  The Links will direct such users to pages selected by Live365.")
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document.write("The Links are subject to modification from time to time by Live365 in its sole discretion.  You must promptly substitute any new graphic and/or text copy provided for the Links by Live365 from time to time throughout the term of this Agreement.")
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document.write("Subject to the provisions of this Agreement, you may display the Links on your Affiliate Site in as many areas and on as many pages as you desire, provided that you may not display a Link in a manner that suggests an association with Live365 other than that described in this Agreement, or that suggests that Live365 is associated with any products or services offered on or through your Affiliate Site.  Live365 reserves the right to instruct you to remove one or more Link(s) from particular location(s) on your Affiliate Site in its discretion.")  
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document.write("You may not place Links on any website other than your Affiliate Site.  Links you place on websites other than your Affiliate Site will not be considered part of the Affiliate Program and you may not be compensated for Click-Throughs on such links.")  
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document.write("TRACKING.")
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document.write("Live365 or its agent or representative will track information regarding Click-Throughs from your Affiliate Site.  Based on this information, Live365 or its agent or representative will allocate payments that are due to you pursuant to this Agreement.  The number of Click-Throughs and the amount of commissions that are calculated by Live365 or its agent or representative shall be final and binding on you.")
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document.write("COMMISSIONS TO AFFILIATES.")
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document.write("Live365 will pay you a commission for each eligible Click-Through, according to the pricing schedule set forth on http://live365.reporting.net/, (or such other website as Live365 may designate from time to time) as may be modified from time to time by Live365.  Such commissions shall accrue in accordance with the amount or percentage in effect at the relevant time.")
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document.write("Live365 will only pay commissions with respect to Click-Throughs by users who have not previously accessed the Live365 Site via a Link on your Affiliate Site during the then-current calendar month (i.e., \"unique visitors\"), as determined by Live365 based on e-mail address, IP address and/or such other criteria as may be utilized by Live365 from time to time.")  
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document.write("Live365 reserves the right to change the pricing schedule in its discretion, and will post any such changes on the Live365 Site and at http://live365.reporting.net/ (or such other website as Live365 may designate from time to time).  Such changes will be effective upon such posting and will apply to all Click-Throughs that occur after such posting.  It is your responsibility to review the Live365 Site on a regular basis for postings of any such changes. ") 
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document.write("Live365 or its agents or representatives will send a check to each quarter if you earn at least $25 (US) in commissions during the previous quarter.  If you earned less than $25 in commissions during the previous quarter, no check will be sent to you until your earned commissions accrue to at least $25, at which point you will be sent a check for your total accrued commissions during the next quarter. ")   
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document.write("Checks will be sent by regular postal service or such other means as Live365 or its agents or representatives may select from time to time in its sole discretion (such as electronic payments).  Checks will be sent to the address you provided on your registration form.  Upon depositing such check for delivery by the postal service to you, or upon transmitting payment by such other mechanism as may be selected, Live365 shall have completely fulfilled its payment obligations under this Agreement.") 
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document.write("All payments under this Agreement shall be in United States currency and shall be made without deduction for sales, use, value-added or other taxes, duties, assessments or other charges of any kind that may be imposed by any government, or subdivision of such government, and any taxes, duties, assessments and charges shall be your sole responsibility.")  
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document.write("Live365 reserves the right to offset against any commissions owed pursuant to this Agreement as follows:")
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document.write("- $25 for each check returned by the postal service or other delivery mechanism that is investigated and reprocessed by Live365 or its agents or representatives where such check was returned as a result of inaccurate registration information provided by you; and")
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document.write("- any actual bank or other servicing or processing fees incurred by Live365 or its agents or representatives in connection with a stop payment on a check initiated by you or by Live365 as a result of inaccurate registration information provided by you.")
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document.write("- You shall not be entitled to receive payments for any periods during which you have not provided accurate registration information.")
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document.write("RESPONSIBILITY FOR YOUR SITE.")
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document.write("You will be solely responsible for the development, operation, and maintenance of your Affiliate Site and for all materials that appear on your Affiliate Site.  For example, you are responsible for:") 
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document.write("the technical operation of your Affiliate Site and all related equipment;")
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document.write("ensuring that content posted on your Affiliate Site and technology used in connection with your Affiliate Site is not libelous and does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, rights of privacy or publicity, or other intellectual property, personal or proprietary rights); and")
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document.write("ensuring that materials posted on your Affiliate Site do not violate any applicable law or regulation.")
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document.write("Live365 specifically disclaims all liability arising from the development, operation, and maintenance of your Affiliate Site.")  
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document.write("LICENSES; PROPRIETARY RIGHTS.")
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document.write("Live365 hereby grants you a non-exclusive, non-transferable, revocable license to use the Links on your Affiliate Site in accordance with the terms of this Agreement.  You may not:  (i) make, sell, rent, transfer, resell for profit or distribute copies of the Links, or electronically transfer the Links from one website or computing device to another or over a network, except in the course of serving a page from your Affiliate Site to a user; (ii) modify or create derivative works based upon the Links or any part thereof; (iii) modify the graphic images or text used or displayed in or by the Links in any way; (iv) remove any proprietary notices or labels on or within the Links; or (v) export or re?export the Links to any prohibited country, or to any prohibited person, entity, or end?user as specified by U.S. export controls; (vi) use the Links in an attempt to (or in conjunction with any device, program or service designed to) circumvent technological measures employed to control access to or the rights in a content file or other work protected by the copyright laws of any jurisdiction; or (vii) retransmit, copy, distribute or make derivative works of any file or technology you or any user of your Affiliate Site locate using the Links.")
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document.write("To the extent that the Links include any trademarks, service marks or trade names of Live365 (\"Live365 Marks\"):")
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document.write("- You must use the Live365 Marks in accordance with sound trademark and trade name usage principles and in accordance with all applicable laws and regulations, including without limitation all laws and regulations relating to the maintenance of the validity and enforceability of the Live365 Marks;")
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document.write("- You may not use the Live365 Marks in any manner which would tarnish, disparage, or reflect adversely on Live365, the Live365 Marks, or the goodwill associated with the Live365 Marks;") 
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document.write("- All goodwill created from your use of the Live365 Marks shall inure solely to the benefit of Live365; and")
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document.write("- You may never challenge or assist others to challenge the Live365 Marks (except to the extent such restriction is prohibited by applicable law) or the registration thereof or attempt to register any trademarks, service marks, trade names and logos confusingly similar to the Live365 Marks.")
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document.write("The foregoing license gives you limited rights to use the Links and the Live365 Marks.  All intellectual property and other rights not specifically granted in this Agreement are reserved by Live365.")
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document.write("INDEMNIFICATION.")
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document.write("You will indemnify and hold Live365 and its officers, directors, employees, partners, principals, agents, representatives and contractors harmless from all damages, demands, claims, actions or causes of action, liabilities, losses, and expenses (including, without limitation, attorneys' fees and disbursements) relating to the development, operation, maintenance, and contents of your Affiliate Site or resulting from or arising (a) out of any breach or alleged breach by you of this Agreement, or (b) in connection with your Affiliate Site.")
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document.write("FRAUD.")
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document.write("You may not commit fraud or falsify information in any manner whatsoever in connection with the Affiliate Program, including, without limitation, by causing a spider, \"bot\" (or robot) or other automatic device to enter a repetitive click on a Link on your Affiliate Site.  Without limiting any of its other rights and remedies, Live365 reserves the right to withhold commissions under this Agreement while it investigates any possible fraud by you in connection with the Affiliate Program, and to investigate any perceived fraud as it sees fit.  You will be responsible for returning to Live365 all commissions received by you with respect to any fraudulent actions undertaken by you or on your behalf in connection with the Affiliate Program.  You will also be liable to Live365 for any and all damages, demands, claims, actions or causes of action, liabilities, losses, and expenses that Live365 suffers as a result of any such actions.  Further, in connection with any such actions, Live365 expressly reserves the right to pursue all causes of action against you to the fullest extent possible under applicable law.")
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document.write("TERM; TERMINATION.")
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document.write("Live365 reserves the right to terminate this Agreement at any time in its sole discretion for any or for no cause.") 
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document.write("Without limiting the foregoing, Live365 may terminate this Agreement (including your license to use the Links) and/or take steps to disable your ability to use the Links immediately and without notice if:  (i) you breach this Agreement, any other agreement between you and Live365, or Live365's Terms of Use; (ii) you infringe the intellectual property or other rights of Live365 or any third party or you violate any applicable law or regulation; or (iii) you provide inaccurate registration information to Live365 or Live365 is unable to verify or authenticate any registration information you provide.")  
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document.write("Live365 also reserves the right to terminate this Agreement if your Affiliate Site includes content which Live365 determines, in its sole discretion, is unsuitable.  Content which is unsuitable includes, without limitation, content which:")
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document.write("- is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive; ")
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document.write("- defames, abuses, harasses or threatens others; ")
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document.write("- contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;") 
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document.write("- advocates or encourages any illegal activity;") 
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document.write("- infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property, personal or proprietary right of Live365 or any third party;") 
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document.write("- violates the privacy of individuals, including users of the Live365 Site; ")
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document.write("- encourages, promotes or facilitates the transmission of unsolicited mail (or \"spam\") to users of the Live365 Site;")
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document.write("- violates any applicable local, state, national, or international law or regulation; or")
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document.write("- misleads customers, users or other third parties with regard to Live365, its services, or your relationship with Live365.")
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document.write("Live365 may also terminate this Agreement in the event it decides, in its sole discretion, to discontinue offering the Affiliate Program or its services. ") 
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document.write("You may terminate this Agreement by sending an e-mail to affiliates@live365.com requesting that Live365 unregister you from the Affiliate Program.  Live365 may, in its discretion, require that such e-mail conform to a format provided by Live365.")  
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document.write("Upon termination, whether by you or by Live365, you must destroy all copies of the Links in your possession or control.")  
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document.write("You are only eligible to earn commissions for Click-Throughs that take place during the term of this Agreement.  Commissions accrued but not paid prior to termination shall be paid during the next quarter.")
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document.write("Upon the termination of this Agreement, the following sections shall survive: 6(b), 6(c), 7, 9-13 and 15.")
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document.write("LIMITATION OF LIABILITY.")
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document.write("LIVE365 SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF LIVE365 OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOUR ONLY REMEDY FOR ANY BREACH OF THIS AGREEMENT BY LIVE365 SHALL BE TO SEEK ANY UNPAID COMMISSIONS DUE TO YOU HEREUNDER.  SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.") 
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document.write("DISCLAIMERS.")
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document.write("THE PROGRAM IS PROVIDED TO YOU FREE OF CHARGE AND ON AN \"AS IS\" BASIS, WITHOUT ANY TECHNICAL SUPPORT OR WARRANTY OF ANY KIND.  LIVE365 SPECIFICALLY DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  LIVE365 DOES NOT WARRANT THAT THE FUNCTIONS INCLUDED IN THE LINKS WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE LINKS WILL BE ERROR-FREE OR WORK WITH THE HARDWARE OR SOFTWARE OF ANY SPECIFIC COMPUTING DEVICE OR COMMUNICATIONS NETWORK, WHETHER WIRELINE OR WIRELESS.  LIVE365 DOES NOT WARRANT THE OPERATION OF ANY COMMUNICATIONS NETWORK OVER WHICH YOU TRANSMIT THE LINKS, AND LIVE365 DOES NOT WARRANT THAT TRANSMISSION AND OPERATION OF THE LINKS OVER SUCH A NETWORK WILL NOT RESULT IN NETWORK OR SYSTEM OUTAGES, LOSS OF YOUR DATA, OR FILE CORRUPTION.  YOU ASSUME THE ENTIRE RISK ARISING OUT OF YOUR PARTICIPATION IN THE AFFILIATE PROGRAM AND THIS AGREEMENT.  SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.")  
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document.write("PUBLICITY.")
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document.write("Neither you, nor any third party on your behalf, may publish, distribute or otherwise disseminate any press release having any reference to Live365 or the subject hereof, unless and until such release has first been submitted to and approved in writing by Live365.  Where Live365 does approve such a press release, you and Live365 must mutually agree on the form and timing of the release.")
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document.write("RELATIONSHIP OF THE PARTIES.")
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document.write("You and Live365 are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Live365. You have no authority to make or accept any offers or representations on behalf of Live365.  You may not make any representation, warranty, covenant or agreement to or with any third person on behalf of Live365.")
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document.write("You may not make any statement, whether on your Affiliate Site or otherwise, that reasonably would contradict anything in this Agreement.")  
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document.write("MODIFICATIONS OF THIS AGREEMENT.")
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document.write("Live365 may modify this Agreement at any time by informing you of the amended terms via email to the email address you provided when you registered with Live365 and/or by posting such amendment on the Live365 Site.  Such amendments will be effective upon such sending such e-mail or upon such posting, as applicable.  IF ANY MODIFICATION IS UNACCEPTABLE  TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT.  YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING LIVE365'S POSTING OR SENDING VIA E-MAIL A CHANGE NOTICE OR NEW AGREEMENT ON THE LIVE365 SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.")
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document.write("MISCELLANEOUS.")
document.write("Live365's Privacy Policy and Terms of Use, which are currently available at www.Live365.com/info/privacy.html and www.Live365.com/info/user.html, respectively, apply to your participation in Affiliate Program and your use of the Live365 Site.  This Agreement shall be governed by the internal laws of the State of California applicable to agreements entered into and wholly to be performed therein, without giving effect to any conflict or choice of law provision or rule thereof.  This Agreement contains the complete agreement between the parties with respect to the subject matter hereof, and supersedes all prior or contemporaneous agreements or understandings, whether oral or written.  If a court determines that any remedy provided to you under this Agreement has failed of its essential purpose, the limitations of liability and exclusion of damages and warranties above shall not be affected and shall remain in full force and effect.  You may not assign this Agreement, by operation of law or otherwise, without Live365's prior written consent.  Subject to that restriction, this Agreement shall be binding on, inure to the benefit of, and be enforceable against the parties and their respective heirs, executors, administrators, personal representatives, successors and assigns.  Live365's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of its right to subsequently enforce such provision or any other provision of this Agreement.  The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.  Live365 shall not be liable for, and you shall not have the right to terminate this Agreement or claim damages as a result of Live365's failure or delay in performance due to circumstances beyond Live365's reasonable control, including but not limited to labor disputes, strikes, lockouts, shortages or inability to obtain energy, war, riots, insurrection, epidemics, earthquakes, fires, acts of God, governmental action, third party network or telecommunications failures and third party internet \"brownouts.\"  Unless otherwise expressly provided, the word \"including\" does not limit the preceding words or terms.  All questions concerning this Agreement shall be directed to:  Live365, Inc., 950 Tower Lane, Suite 1550, Foster City, California 94404.")
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document.writeln("08062001-affiliate")
document.write("</textarea>")
document.write("<P>")
document.write(" Please review the agreement above. By clicking \"I accept,\" you acknowledge that you have read and understood the document, and agree to be bound by all of its terms.")
document.write("<P>")
document.write("<INPUT type=\"checkbox\" name=\"agree\" value=\"0\"> &nbsp; I accept")
document.write("<P>")
document.write("<INPUT type=\"image\" name=\"Join Now\" value=\"Join Now\" src=\"/images/btn/gradient/b-joinnow.gif\" alt=\"Join Now!\" width=\"88\" height=\"20\" border=\"0\">")
document.write("</FORM>")
}
// -->