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This sets out the terms of the Affiliate Program of FDA Agents, Inc., ("Agent") and the person or company registering on Agent's website as an Affiliate ("Affiliate"). Agent is a United States based corporation authorized to serve as U.S. Agent and to register Food Facilities with the U.S. Food and Drug Administration ("FDA") pursuant to the Public Health Security and Bioterrorism Preparedness and Response Act of 2002 (the "Law"). Affiliate is a person or company that desires to participate in the Agent's Affiliate Program and, with the permission of Food Facilities, refer those Food Facilities to Agent so that Agent can register those Food Facilities with the FDA and serve as U.S. Agent for those Food Facilities to the FDA.
Affiliate is to be paid by Agent for the completion of Affiliate's actions, as follows:
Registrations through Agent with the FDA pursuant to the Law can be done, as to each particular Food Facility, either of two ways:
Affiliate acknowledges, represents and agrees, all on which Agent is expressly relying, that: it knows that the FDA requires that the owner, operator or agent in charge of the facility to be responsible for the filing of the Registration Form; Affiliate has the lawful power, authority and permission necessary from its referred-Food Facilities to use Agent to process the Registration Form on behalf of the referred-Food Facility and to transmit the Registration Form to the FDA and to otherwise accomplish the objectives of this Agreement, including to help Agent register the Food Facility and appoint Agent as the FDA U.S. Agent for the Food Facility.
All communications, information, processes, accounts, customers, methodologies, and prospects relating in any way to Agent's business, website or affairs are the confidential and proprietary property of Agent. Affiliate shall hold all such confidential and shall not use or disclose in any way any of the confidential and proprietary property of Agent except as expressly allowed by Agent under this Agreement. Further, Affiliate shall maintain the confidentiality of and not use or disclose in any way any and all communications by and between the FDA, Agent and/or Food Facility.
This Agreement is entered into in, and governed by the laws of (even as to conflict of laws), the State of Nevada, USA. Agent's services and performance are performed and completed solely in the State of Nevada, USA. Affiliate expressly agrees to jurisdiction in the State of Nevada, USA, and agrees to exclusive venue in the City of Las Vegas, State of Nevada, USA.
Affiliate shall have no obligation to advise or notify its referred Food Facilities as to the law or regulations of the FDA Registration and US Agent Program once the referred Food Facility becomes a client of Agent. Affiliate agrees to defend, indemnify and hold harmless Agent and its officers, employees, independent contractors, shareholders and directors, from and against any and all claims, proceedings, fines, actions or judgments, whether they are judicial or otherwise, arising out of or related to, directly or indirectly, the acts or omissions (whether actively or passively negligent or intentional), of Affiliate, its referred-Food Facility or Facilities, or anyone acting on its behalf, ostensibly or otherwise.
This Agreement shall not be modified except in a writing signed by Agent or posted on Agent's website as an express modification to this Agreement. Affiliate may not modify this Agreement at any time without a writing physically signed by Agent.
The person agreeing to this Agreement on behalf of Affiliate represents and warrants that he has the authority to agree to it, on behalf of Affiliate and for the benefit of its referred-Food Facilities and to perform and honor its terms.
Affiliate's acceptance of these terms of this offer shall be evidenced by Affiliate creating its own Affiliate Account on Agent's website.