Terms of Use Agreement

PLEASE READ THESE TERMS OF USE (THIS "AGREEMENT") CAREFULLY BEFORE USING THIS WEBSITE OR ANY OTHER KONNICHIWA MEDIA PRODUCT OR SERVICE.

  1. Age Restrictions
  2. Introduction; General; Ownership; Prohibitions
  3. Rights Granted to You by Us
  4. Your Warranties to Us
  5. Limitations Of Your Participation In The Program
  6. Program Benefits
  7. No Joint Or Collaborative Venture; No Monitoring Or Control Of Your Content By Us
  8. No Guarantees Or Warranties Of Any Kind
  9. Konnichiwa Media Limited Liability and Liquidated Damages
  10. No Representations Of Success Or Profitability
  11. No Monitoring Or Supervision Provided By Us
  12. Term And Termination Of Agreement
  13. Entire Agreement; Modification; Assignment
  14. Agreement to Governance
  15. All Provisions Of This Agreement Not Deemed Unenforceable Shall Survive
  16. Review By Your Attorney
  17. Acceptance And Execution Of This Agreement

  1. AGE RESTRICTIONS

    ALL MATERIALS, INCLUDING, BUT NOT LIMITED TO, ARTICLES, PHOTOGRAPHS, IMAGES, ILLUSTRATIONS, MESSAGES AND OTHER COMMUNICATIONS, AUDIO CLIPS AND VIDEO CLIPS, CONTAINED ON ANY KONNICHIWA MEDIA SITE ARE INTENDED FOR DISTRIBUTION EXCLUSIVELY TO CONSENTING ADULTS IN LOCATIONS WHERE SUCH MATERIALS DO NOT VIOLATE ANY COMMUNITY STANDARDS OR ANY FEDERAL, STATE OR LOCAL LAW OR REGULATION OF THE UNITED STATES, OR ANY LAW OF ANY OTHER COUNTRY. NO PERSONS UNDER THE AGE OF EIGHTEEN (18) YEARS (TWENTY-ONE (21) IN PLACES WHERE EIGHTEEN YEARS IS NOT THE AGE OF MAJORITY) MAY DIRECTLY OR INDIRECTLY VIEW OR POSSESS ANY OF THE CONTENTS OF ANY SITE OR PLACE ANY ORDERS FOR ANY GOODS OR SERVICES ADVERTISED AT OR ON ANY SITE.

    By accessing this site, you are implicitly making the following statements: "I affirm and swear that as of this moment, under penalty of Perjury, I am of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age (21 in places where 18 years is not the age of majority). I will not permit any persons who are not of legal age in the jurisdiction where this site is being viewed and are at least 18 years of age in the US (21 in places where 18 years is not the age of majority) to view or access in any way any materials found on this website. I understand that by accessing this website, I will be exposed to materials that may include but are not limited to, visual images, audio sounds, and verbal descriptions of a sexually oriented and frankly erotic nature, portrayals of nudity, and sexual acts. I affirm that I am not offended by such materials, and that such materials are legal in my community. I am volunteering to view, hear, and access such materials on my own volition, and I choose to do so because I want to view/read/hear or otherwise access such materials for my own enjoyment, information or entertainment. My choice is a manifestation of my interest in such matters, which is healthy and normal, and is also held by most adults in my area. I am completely familiar with the standards held in my community, and the material I expect to access in this site falls within these standards. In my experience, the average adult in my community accepts the consumption of such materials by willing adults in circumstances such as this, which offer reasonable insulation from the materials for minors, and unwilling adults. Adults in my community will accept the standards displayed within this site, and will not find any of the material patently offensive."

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  2. INTRODUCTION; GENERAL; OWNERSHIP; PROHIBITIONS

    Welcome to Konnichiwa Kash! Konnichiwa Media (the "Provider"), is the organization that produces the Konnichiwa Kash Affiliate Cash Program (the “Program”) at KonnichiwaKash.com (this "Website"). Use of this Website and all products and services provided and/or distributed (whether via this Website or elsewhere) by Konnichiwa Media are subject to this Agreement. References to this Website and all materials contained in this Website and/or otherwise accessible via other Konnichiwa Media controlled products or services or Konnichiwa Media-operated interactive media locations, will be referred to herein collectively as the "Konnichiwa Media Properties" and individually as a "Konnichiwa Media Property."

    Please read the following CAREFULLY. This is a binding legal agreement ("Agreement") between Konnichiwa Media and you ("You"). If you do not agree to this Agreement, do not use the Konnichiwa Kash Program.

    The following offer to You to participate in our Program is subject to all the terms, conditions, limitations and waivers below. You acknowledge and agree that by participating in the Program You will be bound by all the terms and conditions in this Agreement.

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  3. RIGHTS GRANTED TO YOU BY US

    Subject to the terms and conditions set forth in this Agreement by us, we grant to You, the following:

    1. The non-exclusive right to direct, refer or send visitors or users of your Web site to web sites owned, operated or controlled by us.
    2. A limited, non-exclusive, nontransferable and revocable license to access and download promotional banners, and other promotional materials created by Konnichiwa Media for use on your Web site for the exclusive purpose of advertising, marketing or promoting websites owned, controlled and/or operated by us; provided, however, the license herein granted shall automatically and immediately cease upon the termination of this Agreement.

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  4. YOUR WARRANTIES TO US

    In consideration of Konnichiwa Media providing You with Program benefits, You agree and warrant as follows:

    1. That You will at no time while You are participating in the Program, or using any materials provided to You by us, directly or indirectly display or include on your Web site any advertising or advertising links of any kind which promote Konnichiwa Media sites, other than those advertisements or ad links which have been pre-approved by us, in compliance with this Agreement.
    2. That You will not use any form of mass unsolicited electronic mail solicitations, newsgroup postings, IRC posting or any other form of "spamming" as a means of promoting your Web site or for the purpose of directing or referring users to any websites owned, operated or controlled by us. You further acknowledge and agree that we have the right to immediately, and without notice, terminate your participation in the Program if we, in our sole and exclusive judgment, conclude that You have engaged in the use of any form of mass unsolicited electronic mail solicitations, newsgroup postings, password selling or trading, warez, IRC posting or any other form of "spamming". NOTE: WE HAVE ZERO TOLERANCE FOR SPAMMING. IF YOU SPAM, YOUR PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, YOU WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO YOU WILL BE FORFEITED TO US.
    3. That You will not copy or reproduce, alter, modify or change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided to You by us pursuant to this Agreement and the Program in whole or in part, in any manner, at any time anywhere in the world except as authorized by us in writing;
    4. That you will ONLY use promotional pictures and images provided by us to promote websites that are included in the Program.
    5. That You will not include, or link to, any of the following within a website that contains our banners or links (or, directly or indirectly, link any of the following content or material to any Konnichiwa Media website through any hyperlinks maintained or created on your Web site):

      (i) Material depicting bestiality, rape or torture, or any illegal activity.

      (ii) Any material which is displayed or transmitted in a way as to constitute harmful matter or indecent communications to minors;

      (iii) Any material in which persons under the age of eighteen are depicted in actual, simulated or suggestive sexual situations;

      (iv) Any material not fully in compliance with 18 U.S.C. Sec. 2257 et seq. and the regulations promulgated thereunder;

      (v) Any material which constitutes child pornography or matter which involves depictions of nudity or sexuality by an age inappropriate-looking performer (i.e. someone who looks younger than 18 years of age), or by a performer who is portrayed or made to appear to be a person under the age of 18 years of age by virtue of the script, make-up, demeanor, costuming, setting, etc. Prohibited material mentioned herein includes the use of the term 'lolita' for any purpose in any fashion including, but not limited to, within meta-based tags;

      (vi) Any material which is threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;

      (vii) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights such as copyrights, trademark rights, rights of publicity, patent rights, personal property rights, privacy rights or other rights; or

      (viii) Any program, file, data stream or other material which contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.

    6. That all materials of every kind, including photographic, videographic, audio and textual materials used in direct or indirect association with materials provided through the Program shall only be transmitted, distributed, broadcast and otherwise disseminated by You to willing adults and shall at all times comply with contemporary community standards in the communities into which they are so disseminated.
    7. That You shall remain a Program participant until You terminate participation in the Program by notifying us by email at "contact at konnichiwamedia.com." of Your intent to terminate Your participation. Alternatively, your participation in the Program may be terminated by us for any reason and the Program may be terminated for any reason.
    8. That You will remain a Program Participant in good standing at all times You are receiving benefits or are otherwise participating in the Program.
    9. That You shall cease to be a Participant in good standing and shall be subject to immediate termination of all Benefits without prior notice if You fail to perform under or breach any part of this Agreement.
    10. That if Your participation in the Program is terminated for any reason, You cease to be a Program Participant in good standing, You change your Web site's URL or You cease to offer services on the Internet, You shall immediately and permanently cease all use of all materials provided to You by us through the Program and that you will remove all files containing materials provided to You pursuant to the Program from your Web site.
    11. That You are a person over the age of eighteen (18) years (21 in places where 18 years is not the age of majority).
    12. That You are the person who owns or is otherwise is entitled to contract on behalf of the entity which owns the rights to your Web site.
    13. That of those residing in the United States, only citizens or resident aliens of the United States may participate and must supply us with your Federal Tax ID Number or Social Security Number that is representative of, and exactly matches the payee name you provide to us. Your failure to supply that information will constitute a basis for terminating this Agreement and for forfeiting any commissions or fees to which You would otherwise be entitled under this Agreement. To comply with IRS reporting requirements, Konnichiwa Media uses a credit agency to verify and/or modify Payee Name information as warranted.
    14. That upon termination of this Agreement you will immediately cease using Konnichiwa Media marks and remove any materials supplied to you or referring to Konnichiwa Media, including without limitation any banner ads, from your Web site.
    15. That You agree to act as a “Custodian of the Records” as may be required to be maintained by 18 U.S.C. 2257 and 28 C.F.R. Part 75 for any and all images depicting actual sexually explicit conduct of an actual human being that may be used to promote or market the Program regardless of who has produced such images.
    16. That You shall properly (and continuously) post the statements in the manner (and the locations) required by Title 18 USC Section 2257(and the regulations promulgated there under) (the "Section 2257 Requirements") on your Web sites or other Internet areas You employ for the promotion or marketing of our Program.
    17. That any information in the nature of the legal names, dates of birth, addresses, and other personal information of actors and models, together with any and all information that is derived therefrom, which You may receive from us for purposes of the Section 2257 Requirements, if any, shall be treated by You as "Confidential Information;" that all of this Confidential Information is the sole and exclusive property of us and that You shall use the Confidential Information solely for the purpose of compliance with 18 USC Section 2257 and the regulations promulgated thereunder and for no other purpose whatsoever.
    18. That You shall protect any such Confidential Information by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use or dissemination of publication of the Confidential Information as You would use to protect your own information of a like nature, including compliance with any law governing the safekeeping or protection of such Confidential Information. Without limiting the generality of the foregoing, You shall not: (i) copy, reproduce, distribute or disclose to any person, firm or corporation any of the Confidential Information disclosed to You by us in any matter whatsoever; (ii) permit any third party to have access to such Confidential Information; or (iii) use such Confidential Information for any purpose other than in accordance with the 2257 Requirements.
    19. That You shall hold harmless and indemnify Konnichiwa Media against any claim for damages, attorney’s fees, costs, fines, financial penalties, and assessments resulting from Your failure to use a reasonable degree of care to prevent the unauthorized use or dissemination of the Confidential Information or resulting from Your failure to comply with any law governing the safekeeping or protection of such Confidential Information.
    20. That You will keep such Confidential Information only so long as you are required to do so by 18 U.S.C. 2257 and the regulations promulgated thereunder, and that such Confidential Information will thereafter by promptly destroyed in a manner that will not permit its dissemination to any other person, firm, or corporation.
    21. That all Your warranties, indemnities and obligations, which by their nature are designed to survive termination, shall extend beyond the termination of this Agreement.
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  5. LIMITATIONS OF YOUR PARTICIPATION IN THE PROGRAM

    You acknowledge and agree that the Program, Your participation in the Program and Program benefits are subject to the following limitations:

    1. Only persons over the age of eighteen (18) years (21 in places where 18 years is not the age of majority) may participate in the Program, or have access any of the materials.
    2. The Program shall at all times have the right, in its sole and exclusive discretion, to terminate the Program and any and all Program benefits relating to your Participation in the Program at any time and may do so with or without prior notice or cause.
    3. The Program, in its sole and exclusive discretion, shall have the right at any time to change or modify the Program, including without limitation, the right to pay Participants in the Program based on "click throughs" rather than a flat commission or fee for a referral, as defined in paragraph 6.A. If at any time Konnichiwa Media changes the Program, you shall have the right to withdraw and terminate your participation in the Program.
    4. The Program has the right to terminate your and any other person's participation in the Program at any time and may do so with or without prior notice or cause.
    5. Program Benefits are not transferable by You and may only be used by You in association with your Web site while You are participating in the Program and are a Participant in good standing.
    6. All Program Benefits materials, including, without limitation, all advertising banners, photographic materials, recordings, video, sound, and any other form of intellectual property provided to You as part of this Program shall remain the property of Konnichiwa Media and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale in any manner, at any time anywhere in the world except as expressly authorized in writing.
    7. Konnichiwa Kash is a service mark or trademark of Konnichiwa Media. All rights therein are reserved to us. Nothing herein shall be construed as a grant or assignment to you of any rights in any of our intellectual property, including, without limitation, any of our trademarks or service marks.
    8. TRADEMARKS, COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS

      (i) By entering this Agreement, you acknowledge that any and all trademarks, trade names, copyrights and other intellectual property rights owned from time to time by us or any associated entity, used or embodied in or in connection with the Program shall be and remain at all times our sole property. You shall not during or at any time after the expiration or termination of this Agreement in any way question or dispute the ownership by us of any such rights.

      (ii) In the event that new trademarks, trade names or copyrighted materials are adopted or created during the currency of this Agreement, you hereby expressly acknowledge that the same shall be and at all times remain our property.

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  6. PROGRAM BENEFITS

    For each person who becomes a subscriber to a website owned, controlled or operated by Konnichiwa Media, and who has been tracked and verified as a "referral" to a Konnichiwa Media website from your Web site, you will receive a "referral fee" as follows: Click here to review the current Program Details.

    1. A "referral" from your Website which entitles You to a "referral fee" shall be defined as follows:

      (i) A person who has been directed to an authorized website owned, controlled or operated through the use of a hypertext transfer link residing on your Web site which is in the form of a banner ad or other promotional link which automatically connects any person who clicks on said banner ad or other promotional link to a Konnichiwa Media website, and which banner ad or other promotional link has been supplied to You as part of the Program; or

      (ii) A person who after having been directed to an authorized Konnichiwa Media website through the use of the hyperlink banner ad or other promotional link supplied to You residing on your Web site has been converted into a subscriber.

      A person shall not be deemed a "referral" entitling you to a commission or "referral fee" if that person leaves the Konnichiwa Media website after having been directed there through the hyperlink banner ad or other promotional link (which has been supplied to you) on your Web site, without becoming a Konnichiwa Media subscriber, even if at some later time that same person returns to the Konnichiwa Media web site, not through the banner ad or other promotional link (which has been supplied to you ) on your Web site, and at that later time becomes a subscriber to the Konnichiwa Media web site.

    2. You acknowledge and agree that You shall not be entitled to a commission or referral fee for any Konnichiwa Media subscriber who you sent or referred to a Konnichiwa Media web site in violation of the terms of this Agreement, or for any Konnichiwa Media subscriber who does not fall within the terms of paragraphs 6.A (i) or (ii) or who is excluded under the terms of paragraph 6.A.
    3. You also acknowledge and agree that You shall not be entitled to a commission or referral fee from Konnichiwa Media for any subscription which Konnichiwa Media determines is the result of possible fraudulent activity. You further acknowledge and agree that Konnichiwa Media shall have the right, in its sole and exclusive discretion, at any time to expand or modify what it determines to constitute possible fraudulent activity. Without limiting the foregoing, possible fraudulent activity shall include without limitation, the following circumstances or activities:

      (i) Where the subscriber has used or attempts to use a credit card number which is in a negative data base;

      (ii) Where there are multiple subscriptions from a single IP address within a short period of time;

      (iii) Where there are sequential or multiple subscriptions under different names, or variations of the same name using the same credit card number, or sequential names or patterns of names using different credit card numbers;

      (iv) Where there is a pattern of "bursting subscriptions" characterized by numerous subscriptions from a website in a relatively short time span (the "bursting period"), where there has been history of few subscriptions from that website before or after the bursting period.

      (v) Where there has been an attempt to put through a credit card with a bin number that is listed in a negative bin number database; or

      (vi) Where there have been sequential or multiple attempts to register or subscribe from a credit card using the same bin number and sequential or multiple number strings to complete the credit card number.

    4. You acknowledge and agree that Konnichiwa Media shall have the right to deny or withhold payment from You and to terminate You from the Program if there has been an abnormal number of chargebacks or cancellations of memberships or subscriptions which have been referred to Konnichiwa Media through Your Web site. You further acknowledge and agree that Konnichiwa Media shall have the right, in its sole and exclusive judgment, to determine what constitutes an abnormal number of chargebacks or cancellations of memberships or subscriptions.
    5. All commissions and referral fees due and payable hereunder shall be payable in United States Dollars and shall survive termination of this Agreement.
    6. Konnichiwa Media reserves the right, in its sole and exclusive discretion, at any time to alter or modify the Program including the method and terms of all payment benefits to participants. Upon notice of any change in benefits under the Program, You shall have the right to withdraw or terminate your participation in the Program.

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  7. NO JOINT OR COLLABORATIVE VENTURE; NO MONITORING OR CONTROL OF YOUR CONTENT BY US

    Nothing in this Agreement is intended by us or You to create or constitute a joint or collaborative venture or partnership of any kind between You and us, nor shall anything in this Agreement be construed as constituting or creating any agency, employment relationship, joint or collaborative venture or partnership between You and Konnichiwa Media, its employees, agents or assigns.

    1. You acknowledge and agree that we shall have no control nor ownership interests of any kind in your business or your Web site.
    2. You acknowledge and agree that You shall have no financial or other interest in Konnichiwa Media or any property owned by Konnichiwa Media, its affiliates, agents, successors or assigns.
    3. You acknowledge and agree that your relationship with Us shall be restricted to matters pertaining to the Program exclusively and shall be governed entirely by the terms and conditions of this Agreement.
    4. You acknowledge and agree that We have no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by You on, at or in association with your Website, except as specifically set forth in this Agreement.
    5. You further acknowledge that neither Konnichiwa Media nor any employee, associate, agent, assign or successor of Konnichiwa Media shall exert or provide any direct or indirect control over, monitoring of, supervision of, prior approval of, or review of the content appearing or otherwise distributed on, at or in association with your Website, and that You shall be solely responsible for any legal liabilities or consequences resulting from the dissemination of that content on or through your Web site.

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  8. NO GUARANTEES OR WARRANTIES OF ANY KIND

    You acknowledge and agree that Konnichiwa Media makes no guaranties or warranties of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to you "as is", and that use of the Program and associated materials, including, without limitation is solely at your risk. Konnichiwa Media disclaims all warranties, either express or implied including, but not limited to, express or implied warranties of merchantability and fitness for a particular purpose, with regard to the Program and any and all materials of every kind supplied to You as part of this Program.

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  9. KONNICHIWA MEDIA LIMITED LIABILITY AND LIQUIDATED DAMAGES

    You acknowledge and agree that under no circumstances shall Konnichiwa Media, its employees, independent contractors, authors, agents, representatives, assigns and successors be liable to You, or any other person or entity, for any direct or indirect losses, injuries or incidental or consequential damages of any kind (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any Konnichiwa Media website, or arising from or in connection with the use of the Konnichiwa Kash Affiliate CASH Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of Konnichiwa Media’s services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.

    1. Notwithstanding the foregoing express limitations of liability, you acknowledge and agree that should Konnichiwa Media, its officers, employees, successors, or assigns be held liable to You for damages, injuries or losses of any kind, directly or indirectly resulting from Your participation in the Program, that the total dollar amount of liquidated damages for any and all of your claims, injuries, damages or losses shall not exceed a total of ten dollars ($10.00).

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  10. NO REPRESENTATIONS OF SUCCESS OR PROFITABILITY

    You hereby confirm and acknowledge that You have unilaterally decided to enter into an Internet service business and acknowledge that it is a high risk business. You further confirm, acknowledge and expressly agree that neither Konnichiwa Media, any agent or representative of Konnichiwa Media, nor any other person has at any time in the past, represented to You or has otherwise directly or indirectly communicated in any manner to You any guarantee, reassurance or any other communication of any kind regarding:

    (i) the potential profitability or likelihood of success of your participation in the Program as set forth in this Agreement or otherwise;

    (ii) the possibility or likelihood that use of any products and/or services provided pursuant to this Agreement can or will result in the recoupment of any funds expended by You for the promotion of your Web site or any other purpose; or

    (iii) the existence, nonexistence, size or any other characteristics of any market for any products or services which involve your participation in the Program pursuant to this Agreement.

    1. You expressly acknowledge and agree that the success of any business endeavors which involve your participation in the Program pursuant to this Agreement, like any other business endeavor, is subject to numerous factors, such as the effectiveness of advertising and promotion, your administrative capabilities, etc., and that the ultimate success or failure of your business rests with You and not Konnichiwa Media. You further expressly agree not to raise any claim of any kind against Konnichiwa Media and You agree to hold Konnichiwa Media harmless from any claim of loss to You directly or indirectly resulting from your decision to participate in the Program pursuant to this Agreement.

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  11. NO MONITORING OR SUPERVISION PROVIDED BY US

    We shall not monitor, supervise or review, and shall not be responsible for any content appearing or otherwise distributed on, at or in association with your Web site except for that content which is supplied to You by us, provided that said content supplied to You by us has not been altered or modified by You or any other party.

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  12. TERM AND TERMINATION OF AGREEMENT

    You acknowledge and agree that the term of this Agreement is at will, and this Agreement and/or the Konnichiwa Media Program may be terminated by Konnichiwa Media, in its sole and exclusive discretion, at any time, without any advance notice and for whatever reason.

    1. In the event that this Agreement or the Konnichiwa Kash Affiliate CASH Program is terminated by Konnichiwa Media, You shall be entitled to all unpaid commissions or referral fees earned by You prior to the date and hour of termination. However, You shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received after the date and time of termination.

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  13. ENTIRE AGREEMENT; MODIFICATION; ASSIGNMENT

    This Agreement constitutes the entire agreement between You and Konnichiwa Media with respect to the subject matter hereof, and supersedes and cancels all other prior agreements, discussion, or representations, whether written or oral.

    1. You agree that Konnichiwa Media may from time to time, in its sole and exclusive discretion, modify the type and quality of benefits provided to You hereunder either with or without notice. Other terms and conditions may be modified by us at any time upon email notice to You or by posting at a Konnichiwa Media information web address location.
    2. You agree that no modification of this Agreement by You, your employees, representatives, agents, assigns or successors shall be enforceable or have any effect unless first reduced to writing and signed by a duly authorized representative of Konnichiwa Media.
    3. You agree that no officer, employee or representative of You or Konnichiwa Media has any authority to make any representation or promise in connection with this Agreement or the subject matter thereof which is not contained expressly in this Agreement; and You acknowledge and agree that You have not executed this Agreement in reliance upon any such representation or promise.
    4. You acknowledge and agree that the failure of Konnichiwa Media to enforce any of the specific provisions of this Agreement shall not preclude any other or further enforcement of such provision(s) or the exercise of any other right hereunder.
    5. You agree that all promises, obligations, duties and warranties made by You in this Agreement are personal to You and that neither they nor any benefits hereunder may be assigned by You to any other person or entity.
    6. You agree that Konnichiwa Media may at any time, and without prior notice to you, freely assign all or part of its duties, obligations and benefits hereunder.

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  14. AGREEMENT TO GOVERNACE

    This Agreement will be governed by the laws of the State of Wyoming applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Laramie County, Wyoming will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. Konnichiwa Media will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.

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  15. ALL PROVISIONS OF THIS AGREEMENT NOT DEEMED UNENFORCEABLE SHALL SURVIVE

    In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision(s) had never been included. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision.

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  16. REVIEW BY YOUR ATTORNEY

    We strongly advise that You review this Agreement with your attorney before You enter into it. You acknowledge and agree that nothing herein and no statement by us or any employee, representative, agent or other person associated with us has in any way prevented or inhibited You in any way from seeking such advice prior to entering into this Agreement. You hereby acknowledge and agree that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that You have been given a reasonable chance to seek advice of independent counsel with respect to this Agreement and all transactions associated herewith.

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  17. ACCEPTANCE AND EXECUTION OF THIS AGREEMENT

    By using this Website or other Konnichiwa Media Properties or by clicking a box that states you agree to this Agreement, you agree to be bound by this Agreement. By supplying Konnichiwa Media with all the required information to sign You up to the Konnichiwa Kash Affiliate Cash Program, You are acknowledging that You agree to all of the terms, conditions, promises, warranties, duties and obligations set forth in the above Agreement.

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