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AFFILIATE TERMS
Last Updated on May 1st, 2019

As a JAMES MALINCHAK INTERNATIONAL, INC Affiliate, You have the opportunity to earn money from THE FOLLOWING: BIG MONEY SPEAKER TRAINING, 9-POINT FORMULA MASTERY TRAINING and OUR PRIVATE MASTERMIND PROGRAM. This Agreement sets forth Your rights and obligations as a JAMES MALINCHAK INTERNATIONAL, INC Affiliate. By clicking “I Agree” You indicate that You have read and understood this Agreement and You will be bound by its terms.



1. PARTIES
All references to “BIG MONEY SPEAKER” herein mean and refer to JAMES MALINCHAK INTERNATIONAL, INC’S owner(s), parent company(ies), affiliate entities, and employees, and assigns. All references to “You” and “Your” mean and refer to that BIG MONEY SPEAKER Affiliate who has executed this Agreement by clicking “I Agree.” JAMES MALINCHAK INTERNATIONAL, INC and You are each referred to herein as a “Party,” and collectively as the “Parties.”



2. INDEPENDENT CONTRACTOR
You are an independent contractor of JAMES MALINCHAK INTERNATIONAL, INC AND BIG MONEY SPEAKER. It is the express understanding and intention of the Parties that no relationship of master and servant or principal and agent shall exist between JAMES MALINCHAK INTERNATIONAL, INC and You by virtue of this Affiliate Agreement.



3. TERM AND TERMINATION
Your contract with JAMES MALINCHAK INTERNATIONAL, INC begins when You click “I Agree,” and will continue month-to-month until either:

          

A. JAMES MALINCHAK INTERNATIONAL, INC cancels Your account due to Your breach of any of the terms of this Agreement. In the event this Agreement is cancelled due to Your breach, You forfeit all Commissions and Bonuses owed to You or that may in the future be owed to You.

     or

          

B. JAMES MALINCHAK INTERNATIONAL, INC or its successors or assigns, in its sole and absolute discretion, cancels Your Affiliate Agreement. In the event that JAMES MALINCHAK INTERNATIONAL, INC or its successors or assigns cancels Your Affiliate Agreements, You will first receive thirty (30) days’ written notice, sent to the e-mail address you provided JAMES MALINCHAK INTERNATIONAL, INC and that is associated with your Affiliate profile.



4. COMPENSATION

           

A. COMMISSIONS. After You click “I Agree” to the terms of this Agreement, You will receive a unique Affiliate URL, which You will use to advertise JAMES MALINCHAK INTERNATIONAL, INC . When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”) will be set in the Prospect’s browser. When the Prospect creates a JAMES MALINCHAK INTERNATIONAL, INC account by using Your Affiliate Link, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. You will be paid a commission for each Sold PRODUCT that generates a minimum payment of $100.00 to JAMES MALINCHAK INTERNATIONAL, INC. The Commission amount is 40% of all fees received by JAMES MALINCHAK INTERNATIONAL, INC  for a Sold PRODUCT INCLUDING: BIG MONEY SPEAKER TRAINING ($997), 9-POINT FORMULA MASTERY TRAINING ($997) and OUR PRIVATE MASTERMIND PROGRAM ($25,000). Commission payments will be made to You on or before SIXTY (60) days following JAMES MALINCHAK INTERNATIONAL, INC’S receipt of payment for a Sold PRODUCT, subject to the other terms set forth herein.

           

B. TAXES. Before You can be paid any Commission or Bonuses, You must provide JAMES MALINCHAK INTERNATIONAL, INC a completed W-8 or W-9, as instructed by JAMES MALINCHAK INTERNATIONAL, INC. You will be deemed to have permanently waived all rights to Commissions or Bonuses that were earned more than 120 days before submitting a completed W-8 or W-9 to JAMES MALINCHAK INTERNATIONAL, INC. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any commissions or bonuses You receive from JAMES MALINCHAK INTERNATIONAL, INC. If You are not a resident of the United States, JAMES MALINCHAK INTERNATIONAL, INC  may withhold tax (including without limitation VAT) where required to by applicable law. Where JAMES MALINCHAK INTERNATIONAL, INC is required to withhold tax, JAMES MALINCHAK INTERNATIONAL, INC will document such withholding.

           

C. MINIMUM COMMISSION AND BONUS PAYMENT. Your combined commission and bonus amount must equal or exceed One Hundred and 00/100 Dollars ($100.00) before You receive a payment from JAMES MALINCHAK INTERNATIONAL, INC. If Your combined commissions and bonuses for a given month are less than $100.00, Your commissions and bonuses will be held until Your combined commissions and bonuses equals or exceeds $100.00.

           

D. COMMISSION AND BONUSES PAID FOLLOWING LEGITIMATE SALE. Commissions and Bonuses are paid only for transactions that actually occur between JAMES MALINCHAK INTERNATIONAL, INC and a Sale or a Legacy Sale. If the transaction does not actually occur, or if payment from a Sale or Legacy Sale is not actually received by JAMES MALINCHAK INTERNATIONAL, INC, You will not paid a Commission or Bonus on the transaction. If payment for a Sold Account or a Legacy Account later results in a refund or charge-back, and if a commission or bonus was paid to You for that Sold Account or Legacy Account payment, then the commission or bonus will be deducted from Your future commissions. If JAMES MALINCHAK INTERNATIONAL, INC determines, in its reasonable discretion, that any Sale or Legacy Sale was procured fraudulently or as a result of any violation of this Agreement, no Commission or Bonus will be paid for such Sale or Legacy Sale. If any Commissions or Bonuses are paid for a Sale or Legacy Sale that was produced fraudulently or as a result of any violation of this Agreement, and the fraud or violation is discovered by JAMES MALINCHAK INTERNATIONAL, INC after payment, such payment amounts shall be deducted from Your future commissions and bonuses.

           

E. U.S. DOLLARS. PAYMENT PROCESSING FEES. All commissions are paid in US Dollars. Depending on what payment processor or payment method You instruct Us to use, processing fees may be deducted from Your Commissions payment.



5. MARKETING AND RECRUITING

           

A. TRUTHFUL. Anything You communicate in marketing or advertising any JAMES MALINCHAK INTERNATIONAL, INC service or opportunity must be true and accurate. Claims that relate to any JAMES MALINCHAK INTERNATIONAL, INC service or opportunity that are untrue or fraudulent are strictly prohibited. You may not claim that any government, person, or entity endorses or supports JAMES MALINCHAK INTERNATIONAL, INC . You may not use the intellectual property of any other person or entity in advertising any JAMES MALINCHAK INTERNATIONAL, INC service or opportunity.

            

B. DISCLAIMER. On any website that You advertise any JAMES MALINCHAK INTERNATIONAL, INC service or opportunity, You must plainly display (i.e., not in a link, or in small font) the following disclaimer language: Disclosure: I am an independent JAMES MALINCHAK INTERNATIONAL, INC Affiliate, not an employee. I receive referral payments from JAMES MALINCHAK INTERNATIONAL, INC. The opinions expressed here are my own and are not official statements of JAMES MALINCHAK INTERNATIONAL, INC.

          

C. NON-DISPARAGEMENT. You are not permitted to disparage the products oR services of any other person or entity, including without limitation the products or services of a competitor of JAMES MALINCHAK INTERNATIONAL, INC.

          

D. INVENTORY LOADING/REBATES. You will not be paid any Commission or Bonus for payments made on your own User Account(s). You are not permitted to open a JAMES MALINCHAK INTERNATIONAL, INC account under the name of another person or entity, or under a fictitious name. You are not permitted to open a JAMES MALINCHAK INTERNATIONAL, INC account under any name merely for the purpose of obtaining Commissions, Bonuses, or any other compensation, including without limitation incentives or prizes which may be offered from time to time. You may not pay for another person’s account. You are not permitted to offer cash rebates or other monetary incentives to actual or potential Sales or Legacy Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to JAMES MALINCHAK INTERNATIONAL, INC all Commissions and Bonuses earned as a result of any such violation.

          

E. INCOME CLAIMS. If Your recruiting efforts include claims related to the potential income a JAMES MALINCHAK INTERNATIONAL, INC  Affiliate can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of JAMES MALINCHAK INTERNATIONAL, INC , the following guidelines must be adhered to:

                   

1. Your statements must be completely true and accurate and supported by evidence;

                   

2. If You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and

                   

3. Your statements must be accompanied by the JAMES MALINCHAK INTERNATIONAL, INC Income Disclosure Statement.



6. JAMES MALINCHAK INTERNATIONAL, INC’S INTELLECTUAL PROPERTY
No logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information (collectively, the “JAMES MALINCHAK INTERNATIONAL, INC Intellectual Property”) owned by JAMES MALINCHAK INTERNATIONAL, INC may be used, copied, or reproduced by You except as set forth below. No JAMES MALINCHAK INTERNATIONAL, INC  Intellectual Property (or any mark confusingly similar to any JAMES MALINCHAK INTERNATIONAL, INC  Intellectual Property) is to be advertised for sale or registered as a domain name by You in any fashion.

You may use the JAMES MALINCHAK INTERNATIONAL, INC  TM mark to advertise JAMES MALINCHAK INTERNATIONAL, INC  OR BIG MONEY SPEAKER TO ADVERTISE THE BIG MONEY SPEAKER TRAINING. Any time You use the JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK AND/OR THE BIG MONEY SPEAKER TRADEMARK, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for JAMES MALINCHAK INTERNATIONAL, INC . Whether Your use of JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK is confusing will be determined by JAMES MALINCHAK INTERNATIONAL, INC  in JAMES MALINCHAK INTERNATIONAL, INC’ sole and absolute discretion. The following guidelines, which may be changed or added to at any time, are designed to help avoid reader confusion:



You must not use the “voice” of, or purport to speak on behalf of, JAMES MALINCHAK INTERNATIONAL, INC .



Any time You use the word “JAMES MALINCHAK INTERNATIONAL, INC ” it must be immediately followed by the letters “TM” in superscript caps.



- When used in prose, JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK AND/OR BIG MONEY SPEAKER TRADEMARK must be used in the same font as the rest of the pros TRADEMARK


- When used other than in prose, JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK AND/OR BIG MONEY SPEAKER TRADEMARK must be used in the font employed by JAMES MALINCHAK INTERNATIONAL, INC AND/OR BIG MONEY SPEAKER TRADEMARK corporate marketing in JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK AND/OR BIG MONEY SPEAKER TRADEMARK corporate logo.

- On any website or social media platform on which You use the word JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK AND/OR BIG MONEY SPEAKER TRADEMARK, you must include the disclosure identified in paragraph 5(B) above.



- You may use only such other images, photographs, and trademarks as JAMES MALINCHAK INTERNATIONAL, INC  expressly authorizes in writing.



- If you have any questions regarding your use of any JAMES MALINCHAK INTERNATIONAL, INC TRADEMARK AND/OR BIG MONEY SPEAKER TRADEMARK, please contact: JAMES MALINCHAK INTERNATIONAL, INC Compliance



7. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS
You grant JAMES MALINCHAK INTERNATIONAL, INC  permission to use any and all photographs taken by JAMES MALINCHAK INTERNATIONAL, INC  or its agents or employees, or submitted by You to JAMES MALINCHAK INTERNATIONAL, INC  (hereinafter “Photographs”) in any Media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of JAMES MALINCHAK INTERNATIONAL, INC  or any product or service sold and marketed by JAMES MALINCHAK INTERNATIONAL, INC . You agree that this authorization to use Photographs may be assigned by JAMES MALINCHAK INTERNATIONAL, INC to any other party. You agree that that the Photographs may be combined with other Photographs, sounds, text and graphics, and that the Photographs may be manipulated, cropped, altered or modified in JAMES MALINCHAK INTERNATIONAL, INC’ sole discretion. You agree not to charge a royalty or fee, and not to make any other monetary assessment against JAMES MALINCHAK INTERNATIONAL, INC in exchange for this Release and Assignment. You hereby release and forever discharge JAMES MALINCHAK INTERNATIONAL, INC from any and all liability and from any damages You may suffer as a result of the use of the Photographs. You further acknowledge and agree that this Release is binding upon Your heirs and assigns. You agree that this Release is irrevocable.



8. PROHIBITED ACTIVITY

JAMES MALINCHAK INTERNATIONAL, INC has the right to terminate this Agreement at any time if You engage or have ever engaged in any of the following:

                 

A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to JAMES MALINCHAK INTERNATIONAL, INC ’s reputation; and the violation of the rights of JAMES MALINCHAK INTERNATIONAL, INC or any third party.

                 

B. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by You reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to JAMES MALINCHAK INTERNATIONAL, INC ’s reputation and to the rights of third parties. It is Your obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.

                

C. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by You, including without limitation postings on any website operated by You, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.


9. INDEMNITY
You agree to protect, defend, indemnify and hold harmless JAMES MALINCHAK INTERNATIONAL, INC, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of the Your conduct. Your indemnity obligation includes, but is not limited to, any third-party claim against JAMES MALINCHAK INTERNATIONAL, INC  for liability for payments for, damages caused by, or other liability relating to, You.



10. NO WARRANTY; NO LEADS

JAMES MALINCHAK INTERNATIONAL, INC does not promise, guarantee or warrant Your business success, income, or sales. You understand and acknowledge that JAMES MALINCHAK INTERNATIONAL, INC will not at any time provide sales leads or referrals to You. Additionally, JAMES MALINCHAK INTERNATIONAL, INC’ WEBSITES AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JAMES MALINCHAK INTERNATIONAL, INC MAKES NO REPRESENTATION OR WARRANTY AS TO THE ACCURACY, RELIABILITY, TIMELINESS OR COMPLETENESS OF ANY MATERIAL ON OR ACCESSIBLE THROUGH ANY JAMES MALINCHAK INTERNATIONAL, INC WEBSITE OR SERVICE. ANY RELIANCE ON OR USE OF SUCH MATERIALS SHALL BE AT YOUR SOLE RISK. JAMES MALINCHAK INTERNATIONAL, INC  MAKES NO REPRESENTATION OR WARRANTY (A) THAT ANY JAMES MALINCHAK INTERNATIONAL, INC  WEBSITE OR SERVICE WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO ANY JAMES MALINCHAK INTERNATIONAL, INC  WEBSITE OR SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT ANY JAMES MALINCHAK INTERNATIONAL, INC ’ WEBSITE OR THE SERVERS OR NETWORKS THROUGH WHICH ANY JAMES MALINCHAK INTERNATIONAL, INC ’ WEBSITE IS MADE AVAILABLE ARE SECURE OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.



11. LIMITATION OF LIABILITY
YOU AGREE THAT IN NO EVENT SHALL JAMES MALINCHAK INTERNATIONAL, INC ’ LIABILITY TO YOU FOR ANY CLAIM OF ANY KIND OR DESCRIPTION EXCEED THE AMOUNT OF THREE (3) TIMES THE COMMISSIONS AND BONUS PAYMENTS PAID TO YOU FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST JAMES MALINCHAK INTERNATIONAL, INC  OCCURRED. YOU WAIVE ANY RIGHT TO SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND OR DESCRIPTION.



12. FORCE MAJEURE
JAMES MALINCHAK INTERNATIONAL, INC will not be responsible to You for any delay, damage, or failure caused by or occasioned by a Force Majeure Event.

As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of JAMES MALINCHAK INTERNATIONAL, INC . Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. JAMES MALINCHAK INTERNATIONAL, INC shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.



13. ASSIGNMENT
JAMES MALINCHAK INTERNATIONAL, INC may assign its rights under this Agreement at any time, without notice to You. Your rights arising under this Agreement cannot be assigned by without JAMES MALINCHAK INTERNATIONAL, INC’ or its assigns express written consent.

14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES

                 

A. ARBITRATION. Any claim or grievance of any kind, nature or description that You have against JAMES MALINCHAK INTERNATIONAL, INC including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in CLARK County, NEVADA. You agree not to file suit against JAMES MALINCHAK INTERNATIONAL, INC or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by You and JAMES MALINCHAK INTERNATIONAL, INC. In the event that You and JAMES MALINCHAK INTERNATIONAL, INC  are unable to reach agreement on an Arbitrator, You and JAMES MALINCHAK INTERNATIONAL, INC  will each select an arbitrator, and the two of them will select the Arbitrator, who must be a resident of CLARK CountY, NEVADA. The arbitrators selected by You and JAMES MALINCHAK INTERNATIONAL, INC will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on You and JAMES MALINCHAK INTERNATIONAL, INC and may be reduced to a judgment in any court of competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the Agreement.

                 

B. GOVERNING LAW. This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of NEVADA without regard to any choice of law provisions.

               

C. WAIVER OF CLASS ACTION CLAIMS. You understand and agree that You will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this Agreement. There is no right or authority for any claim You have against JAMES MALINCHAK INTERNATIONAL, INC to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against JAMES MALINCHAK INTERNATIONAL, INC may not be joined or consolidated with claims brought by anyone else.

               

D. LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.

               

E. INJUNCTIVE RELIEF. Nothing in this Agreement prevents JAMES MALINCHAK INTERNATIONAL, INC from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect JAMES MALINCHAK INTERNATIONAL, INC’ rights prior to, during, or following any arbitration proceeding.

               

F. ATTORNEYS’ FEES. You agree that in the event of any arbitration or litigation, each Party will each bear its own costs and attorneys’ fees, regardless of who is deemed the prevailing party. The foregoing notwithstanding, if either Your or JAMES MALINCHAK INTERNATIONAL, INC  commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and attorneys’ fees incurred on the motion to compel from the other Party.



15. ENTIRE AGREEMENT
This Agreement, along with JAMES MALINCHAK INTERNATIONAL, INC’ standard Terms and Conditions represents the entire agreement between the Parties and supersede any other written or oral agreement between the Parties as pertaining to Your rights and responsibilities as a JAMES MALINCHAK INTERNATIONAL, INC Affiliate.



16. MODIFICATION/AMENDMENTS

This Agreement and JAMES MALINCHAK INTERNATIONAL, INC’ standard Terms and Conditions may be modified by JAMES MALINCHAK INTERNATIONAL, INC at any time, with or without prior notice to You. Amendments or Modifications to this Agreement or the Terms and Conditions will be binding on You when they are sent to You via e-mail, or are posted in the Affiliate Center.  No amendment to this Agreement or the Terms and Conditions shall be valid unless authored or signed by JAMES MALINCHAK INTERNATIONAL, INC. Your continued acceptance of Commission or Bonus payments constitutes Your acceptance to any modifications or amendments to this Agreement.

17. NO WAIVER
No waiver by JAMES MALINCHAK INTERNATIONAL, INC of any right reserved or granted to JAMES MALINCHAK INTERNATIONAL, INC under this Agreement shall be effective unless the waiver is in writing and signed by an authorized representative of JAMES MALINCHAK INTERNATIONAL, INC.
18. NOTICE. Any notice required to be given to JAMES MALINCHAK INTERNATIONAL, INC  under or related to this Agreement shall be in writing, addressed as follows:

JAMES MALINCHAK INTERNATIONAL, INC
PO BOX 530061 · HENDERSON, NV 89053
e-mail: JAMES MALINCHAK INTERNATIONAL, INC  Compliance (SUPPORT@BIGMONEYSPEAKER.COM)

JAMES MALINCHAK INTERNATIONAL, INC  will send notices to You at the e-mail address You provided to JAMES MALINCHAK INTERNATIONAL, INC . Any notices shall be deemed delivered to You when sent by JAMES MALINCHAK INTERNATIONAL, INC. You are solely responsible for addressing any technical failures related to Your e-mail address or server, and for reading any e-mail sent to You.  JAMES MALINCHAK INTERNATIONAL, INC may also provide notice to You by posting information in the Affiliate Center.

19.

SEVERANCE

In the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms and Conditions, as so modified, shall continue in full force and effect.

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