LEAP THEORY, LLC PUBLISHER AGREEMENT
This Publisher Agreement (“Terms and Conditions”) shall govern the relationship between Leap Theory, LLC (“Leap Theory”), and the Applicant submitting an Application to Leap Theory, in connection with participation in the Leap Theory Publisher Program (“Program”). Either party to this Agreement may be referred to as a “party” or together as “parties.” Please be advised that this Agreement is subject to change at any time, in Leap Theory’s sole discretion.
BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE PROGRAM, AND CHECKING THE BOX OR CLICKING THE “ACCEPT AND CONTINUE” BUTTON, AS APPLICABLE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED AGREEMENT, OR REVISED OPERATIONAL DOCUMENTATION ON THE PUBLISHER PORTAL OR OTHERWISE PROVIDED BY LEAP THEORY, PUBLISHER (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT IT HAS INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENTS AND WARRANTS THAT IT IS LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., PUBLISHER IS NOT A MINOR) AND THAT IT IS AND WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT, INCLUDING ANY PROGRAM PARTICIPATION REQUIREMENTS. IN ADDITION, IF THIS AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AGREEMENT.
THE NEGOTIATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN LEAP THEORY AND PUBLISHER. THE PROGRAM, AND CREATIVE MATERIAL WOULD NOT BE PROVIDED TO PUBLISHER WITHOUT SUCH LIMITATIONS. UNDER NO CIRCUMSTANCES SHALL LEAP THEORY BE LIABLE TO PUBLISHER OR ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED THROUGH PUBLISHER’S MARKETING EFFORTS, IN ANY MANNER WHATSOEVER ARISING FROM PUBLISHER’S PARTICIPATION IN THE PROGRAM. LEAP THEORY’S MAXIMUM AGGREGATE LIABILITY TO PUBLISHER AND ANY THIRD PARTY UNDER ANY AND ALL CIRCUMSTANCES SHALL BE EQUAL TO THE FEES PAID BY LEAP THEORY TO PUBLISHER DURING THE PRECEDING THREE (3) MONTHS.
Nothing in this Agreement, either express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. To the extent permitted by law, Publisher agrees that Publisher will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that Publisher may have against Leap Theory and its employees, officers, directors, members, representatives and assigns. Publisher agrees to the entry of injunctive relief to stop such a lawsuit or to remove Publisher as a participant in the suit. Publisher agrees to pay the attorney's fees and court costs that Leap Theory incurs in seeking such relief.
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