AFFILIATE
AGREEMENT
This
Affiliate Agreement (the “Agreement”) constitutes a binding, legal
contract between Adventure Marketing LLC an Idaho corporation, (“Maps
Magic”) and you as an independent affiliate of Maps Magic
(“You”). BY USING THIS WEBSITE AND/OR REGISTERING
AN ACCOUNT, YOU AFFIRM THAT YOU HAVE READ, UNDERSTOOD AND
AGREE TO BE BOUND BY: (A) THIS AGREEMENT, (B) THE Maps Magic PRIVACY
POLICY, AND (C) THE Maps Magic TERMS OF USE. 4.
PAYMENTS. 5.
IP RIGHTS. 6. DISCLAIMERS;
LIMITATION OF LIABILITY IP RIGHTS. 7. CONFIDENTIALITY
& NON-DISCLOSURE OBLIGATIONS. 8. INDEMNIFICATION.
1. SERVICES.
By registering as an Affiliate, You are agreeing to the terms and
conditions contained in the Agreement in exchange for Maps Magic
providing to you certain opportunities to promote, market or otherwise
advertise certain websites, services or products of Maps Magic
(“Opportunities”) for the purpose of earning certain payments and
Commissions (defined below) (collectively, the “Affiliate
Program”).
2. YOUR OBLIGATIONS.
In consideration of Maps Magic providing the Opportunities, You agree,
acknowledge, represent and warrant that:
a. All communications and/or
representations made by You in connection with the Opportunities will
be accurate and comply with all U.S. federal and state laws, including
the Controlling the Assault of Non-Solicited Pornography and Marketing
Act of 2003 (“CAN-SPAM Act”), the Children’s Online Privacy Protection
Act (“COPPA”), and the rules of the regulations, policies and
guidelines of the U.S. Federal Trade Commission, including any and all
rules regulations, policies and guidelines related to or governing
advertising, telemarketing, disclosure and consumer protection (“Laws”).
b. Any content used by You in connection with the
Opportunities, including the content of any website on which you
promote the Opportunities or email sent by You, shall contain clear and
conspicuous disclosures and disclaimers as necessary to prevent such
content from being false or deceptive.
c. You are 18 years of age or older.
d. You shall only present Maps Magic and the Opportunities in
accordance with such guidelines, restrictions, rules or prohibitions as
Maps Magic may set forth from time to time on the official website of
Maps Magic, available at mapsmagic.com (collectively,
the “Website”) or in such marketing materials that Maps Magic may
provide to you in its sole discretion from time to time.
IMPORTANT: Federal law requires any affiliate posting a
review, comment or endorsement related to any service in exchange for
any form of consideration to make a full disclosure of such affiliate’s
interest in such service. If you are promoting your affiliate
relationship with Maps Magic anywhere on the Internet, these rules will
apply to you. The obligations set forth in this Section 2(d) expressly
require you to disclose your relationship with Maps Magic, and your
interest in the Opportunities and the Affiliate Program. Failure to so
disclose shall constitute a material breach of this Agreement by you
and may result in immediate termination of your participation in the
Affiliate Program and forfeiture of any outstanding , unpaid
Commissions.
e. You shall immediately cease making any claims or
representations in connection with the Opportunities and/or Maps Magic
upon Your receipt of instruction from Maps Magic to do so, regardless
of whether Maps Magic had previously authorized You to make such claims
or representations.
f. You shall not make any claims regarding potential income,
earnings, products, or services nor suggest or imply any guarantee,
warranty or other policy with respect to any Opportunity beyond those
claims expressly authorized at the Website, as such may be amended by
Maps Magic in its sole discretion from time to time. You agree that it
is Your responsibility to periodically check the Website to ensure
compliance with this section.
g. You shall not reproduce Commission checks or distribute
Commission checks.
h. You shall not disparage Maps Magic, the Opportunities or
any affiliate of Maps Magic (“Affiliates”) in any manner or any medium,
including, without limitation, via comments on message boards or blogs
or the like.
i. You will not, in connection with your activities related
to this Agreement or the Opportunities, make any unlicensed or
unauthorized use of or otherwise infringe or misappropriate any
materials protected by any patent, copyright, trademark, trade secret,
right of privacy, right of publicity or other intellectual property or
other proprietary right (“IP Rights”) of any person including without
limitation Maps Magic or any Affiliate.
j. You will not interfere with, manipulate, or attempt to
deceive any mechanism or process used by Maps Magic to track
Commissions or with the normal flow of traffic to, through, or from any
website related to any Opportunity.
k. You shall not: (i) frame, copy or mirror any content
forming part of the Website; (ii) reverse engineer the Affiliate
Program or otherwise attempt to derive its source materials; (iii)
access or join the Affiliate Program for the purpose of (A) building a
competitive product or service, or (B) copy any features, functions or
graphics of the Website; (iv) interfere with or disrupt the Website or
any data contained therein; (v) attempt to gain unauthorized access to
the Website, its related systems or networks; or (vi) use the
Affiliate Program for any unlawful purpose or in violation of the
rights of any person.
3. ACCOUNT REGISTRATION AND MAINTENANCE.
In order to become an Affiliate, You must create an account
with Maps Magic (“Affiliate Account”). Account registration is subject
to the following conditions:
a. Maps Magic may reject any registration in its sole
discretion, with or without cause, for any reason.
b. Maps Magic reserves the right, in its sole discretion, without
liability and with cancellation of any pending Commissions, to suspend
or terminate any Affiliate Account, regardless of whether such
Affiliate Account was previously accepted, at any time, with or without
notice, in the event that You:
1. breach any of Your obligations set forth in Section 2(a)
through (k), including, without limitation, any failure by you to
comply with Laws or make any required disclosures;
2. post any type of advertisement about Maps Magic and/or any
Opportunity to a newsgroup, listserv, blog, chat room, or the like
(each a “Forum”) in violation of the rules of such
Forum;
3. send, initiate or procure the sending of an email to any person who
has either not requested to receive such messages from You or who has
requested to receive no further emails from You;
4. employ any false or deceptive information regarding Your identity,
or regarding the intent, subject, or origin of the message or fail to
include accurate information regarding Your identity, and the intent,
subject, and origin of any emails sent by You;
5. employ any incomplete, invalid, deceptive, fake, or forged
message headers;
6. fail to include clear and valid “From” and “Subject” lines
in any email from You;
7. fail to include a mechanism that enables the recipient to
opt-out from receiving for no less than 30 days from the date
the email was sent or honor any opt-out request within 10 days of the
receipt of such opt-out request by You;
8. obtain email addresses via automated means or send any
email to any address which was obtained via automated means, including
via the automated combination of names, letters, or numbers, dictionary
attacks, or the use of spyware, viruses, or other means of bypassing
system security or invading consumer privacy;
9. end or relay any email from any protected computer or
network accessed without authorization;
10. send any commercial marketing Email to, or collect any
personally identifiable information from, any person who is under 18
years of age;
11. violate any applicable Law or if Maps Magic has reason to
believe that You have violated any Law;
12. use any mousetraps, such as windows that
reappear, spawn new windows or otherwise resist being closed;
13. use any tradename, trademark, or brand name of
Maps Magic in metatags, keywords and/or hidden text; or
14. use, send, transmit or promote any content or
links to content that involves the sale, distribution or promotion of
(i) any kind of multilevel membership scheme, social network website
marketing program or which otherwise has no appreciable value to the
customer other than the potential for resale or marketing; (ii)
franchises or franchise opportunities, (iii) unlicensed content or
which otherwise violates the intellectual property rights or other
rights of any person, entity or estate; (iv) website templates; (v)
spyware; (vi) phone minutes; (vii) existing debts; (viii) digital cash;
(ix) spending accounts; (x) money transfer; (xi) gift certificates;
(xii) coupons, rebates, or vouchers; (xiii) securities, stocks, bonds,
or deeds; (xiv) sweepstakes, wagers, wagering pools, or lottery
tickets; (xv) warez, pirated software, digital rights protection
circumvention or hacking tools; (xvi) anonymous proxies, proxy lists,
(http/tcp proxies, irc/ircd, bnc, eggdrop, socks4/5, or remote bots;
(xvii) shell accounts, dial-ups, dial-ins, phone services, cell
messaging, cell sms, or spamming tools; (xviii) fake ID tools; (xix)
credit repair services; (xx) SSN searches, SSN lookups, or SSN
verifications; (xxii) term papers; (xxiii) password lists,
email address lists, postal address lists; (xxv) any materials
endorsing or encouraging violence, hatred, revenge, racism,
victimization, discrimination of any kind, criminal activity, (xxvi) is
otherwise prohibited by any applicable law; (xxvii) disparages or
reflects unfavorably on Maps Magic and/or its Affiliates or that could
otherwise adversely impact or damage the reputation or public
image of Maps Magic and/or its Affiliates; and/or (xxviii) any other
category of content which Maps Magic, in its sole discretion decides to
prohibit (each “Prohibited Content”).
c. In addition to the foregoing, Maps Magic may terminate
your Affiliate Account for convenience. In such event, Maps Magic shall
pay to You any unpaid, undisputed Commissions earned by You prior to
the date of such termination in the next payment cycle, subject to a
reasonable holdback of such Commissions, as determined by Maps Magic in
its sole discretion, to protect Maps Magic against anticipated refunds
that may accrue following the date of termination.
d. As a condition of creating an Affiliate Account, You agree
to receive e-mail from Maps Magic, including but not limited to, sales
reports, training, promotional resources, newsletters and other
correspondence.
a. Your sole compensation under this Agreement shall consist
of a fractional percentage of the net revenue actually collected and
received by Maps Magic from each sale of the applicable Maps Magic
product that results directly from Your promotion of such Maps Magic
product (each such payment a “Commission”). You are solely
and fully responsible for any and all costs and expenses that You incur
in the marketing of Maps Magic and the Opportunities and You agree to
hold Maps Magic harmless from same.
b. Pricing of products and services is totally within Maps
Magic discretion and Maps Magic reserves the right to change the
pricing structure, terminate any special offers, discontinue products
or services, or change the terms under which products or services are
offered at any time, without any advance notice to You. Maps Magic is
responsible for handling all customer inquiries, fulfilling product
orders, customer billing and collection of monies. All Maps Magic
personally identifying customer contact information is, as between You
and Maps Magic, the sole property and Confidential Information (as
defined below) of Maps Magic and shall not be shared with You,
regardless of whether said customer arrived at the Website through one
of Your links.
c. All Commissions will be made in U.S. dollars in accordance
with the following procedure:
1. Provided that Your total Commissions earned for a
particular bi-monthly period exceed, U.S. $25.00 (the “Minimum
Payout”), Maps Magic will remit such Commissions to You within thirty
(30) days following the fifteenth or last day of the calendar month, as
applicable, in which Maps Magic receives payment for the applicable
sale of the Maps Magic product (each a “Sale”). In no event shall You
receive nor shall Maps Magic be responsible for any late fees and/or
interest as a result of any delay in paying Commissions.
d. If a Sale is subsequently canceled or refunded following
payment of the applicable Commission to You, Maps Magic shall deduct
such commission from your subsequent Commissions.
e. Commissions will not be paid for Sales that You have made through
your own link, are attributable to credit card fraud, credits given to
customers, bad debt write-off and returned goods. In the
event that Sales attributable to credit card fraud, credits given to
customers, bad debt write-off or returned goods exceed acceptable
limits determined by DSC in its sole discretion, Maps Magic may
immediately (i) discontinue or withhold all unpaid Commission payments;
and/or (ii) terminate Your status as an Affiliate.
f. You are solely responsible for providing and maintaining
accurate contact and payment information. For U.S. taxpayers,
this information includes without limitation a valid U.S. tax
identification number and a fully-completed Form W-9. For
non-U.S. taxpayers, this information includes without limitation either
a signed certification that the taxpayer does not have U.S. activities
or a fully-completed Form W-8 or other form, which may require a valid
U.S. tax identification number, as required by the U.S. tax
authorities. You are solely responsible for payment of all federal,
state and local taxes that arise out of Your status and activities as
an Affiliate, (except for income taxes payable by Maps Magic as a
result of its own income), and You agree to indemnify and hold harmless
Maps Magic and its Affiliates against any such taxes. Without
limiting the generality of the foregoing, You are responsible for and
agree to indemnify Maps Magic and its affiliates against any income
taxes on Commissions or prizes that You earn as an Affiliate.
g. Maps Magic will only pay Commissions on Sales that are
tracked through our tracking system and indicate Affiliate as the
source of the visit to the Website. You agree and acknowledge that
tracking of the source of any visit to the Website and/or
Sale will be determined solely by Maps Magic in accordance with Maps
Magic’s reporting and/or tracking procedures. No other
measurements or statistics of any kind shall have any effect under this
Agreement. The determinations of Maps Magic with respect to
the reporting and/or tracking procedures and/or Commissions are final
and not subject to petition or debate. Maps Magic makes no
representation regarding the accuracy of its reporting and/or tracking
procedures. You have no right to Commissions based upon subsequent
Sales, or where “cookies” are used, overwritten or deleted even where
the customer first arrived at the Maps Magic site through Your
link. Commissions will only be paid when the buyer makes a
purchase on the same visit using Your link and You shall not receive
any Commission for any Sales where a buyer does not purchase a Maps
Magic product during the initial visit to the Maps Magic site using
Your link but rather returns later. You are solely
responsible for ensuring that their Your links are set up properly to
track Sales and qualify for Commissions. Maps Magic is not responsible
for the failure to pay any Commission that results from the improper
formatting of any links. Maps Magic is not responsible for
technical problems, acts by third parties, or other events outside our
reasonable control which may temporarily interfere with, disrupt or
diminish our reporting and/or tracking procedures
h. YOU ACKNOWLEDGE THAT YOU HAVE RECEIVED NO ASSURANCES FROM
Maps Magic THAT YOU WILL OBTAIN ANY PARTICULAR AMOUNT OF COMMISSIONS AS
A RESULT OF THIS AGREEMENT OR THAT YOU WILL RECOUP ANY EXPENDITURES
MADE IN FULFILLMENT OF YOUR OBLIGATIONS UNDER THIS AGREEMENT.
Maps Magic SHALL INCUR NO LIABILITY WHATSOEVER FOR ANY DAMAGES, LOSSES
OR EXPENSES OF ANY KIND SUFFERED OR INCURRED BY YOU ARISING FROM OR
INCIDENT TO ANY TERMINATION OF THIS AGREEMENT BY Maps Magic WHETHER OR
NOT Maps Magic IS AWARE OF SUCH DAMAGES, LOSSES OR EXPENSES. Maps Magic
SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES IN REGARDS TO AFFILIATE’S
EARNING POTENTIAL
a. As between You and Maps Magic, Maps Magic shall
be and remain the sole owner of all right, title and interest in and to
its trademarks, service marks and copyrights, and any other materials
or properties owned, licensed or controlled by Maps Magic
(collectively, the “Maps Magic Materials”), and You hereby assign to
Maps Magic all right, title and interest You may be deemed to have
therein. Maps Magic grants to You a non-exclusive, revocable,
non-transferrable right and license, without right to sublicense to use
the Maps Magic Materials in accordance with such guidelines,
restrictions, rules or prohibitions as Maps Magic may set forth from
time to time at the Website or in such marketing materials that Maps
Magic may provide to you in its sole discretion from time to times,
subject to the terms and conditions of this Agreement and all
applicable local, state and federal law. Subject to the limited rights
expressly granted in this Agreement, Maps Magic reserves all right,
title and interest in and to the Maps Magic Materials. All
rights not specifically granted to You under this Agreement are
expressly reserved by Maps Magic.
b. You may not use, reproduce, distribute or display any Maps
Magic Material: (i) in any manner whatsoever that is distasteful, or
which defames, or misrepresents Maps Magic in any way; (ii)
descriptively to suggest association or affiliation with or endorsement
by Maps Magic; (ii) as a watermark, Internet search engine description,
keyword, search term or seeding element with any Internet search
engines or keyword-triggered advertising programs; (iii) in any
metatags or hidden text, or (iv) as a domain name, sub domain, or
component thereof, including as second or third level domain name
identifier, without the express prior written consent of Maps Magic,
which Maps Magic may withhold at its sole discretion.
Promotional use of images or reproductions of payment checks without
the express, written consent of Maps Magic is prohibited.
a. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, (A) Maps
Magic MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, OF
ANY KIND, AND (B) Maps Magic EXPRESSLY DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, WITH RESPECT TO THIS AGREEMENT. WITHOUT
LIMITING THE FOREGOING, THE AFFILIATE PROGRAM, THE OPPORTUNITIES AND/OR
THE WEBSITE ARE PROVIDED BY Maps Magic “AS IS” AND Maps
Magic EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES
RELATED THERETO, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, TITLE AND NON-INFRINGEMENT, FITNESS FOR A PARTICULAR
PURPOSE, AND/OR ANY WARRANTIES ARISING OUT OF A COURSE OF DEALING OR
COURSE OF PERFORMANCE. WITHOUT LIMITING THE FOREGOING, Maps
Magic DOES NOT WARRANT THAT YOUR USE OF THE AFFILIATE
PROGRAM, THE OPPORTUNITIES AND/OR THE WEBSITE WILL BE UNINTERRUPTED,
ERROR-FREE, OR VIRUS-FREE, NOR DOES Maps Magic MAKE ANY
WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE AFFILIATE
PROGRAM, THE OPPORTUNITIES AND/OR THE WEBSITE. FURTHER,
NOTHING IN THIS SECTION OR ANY PART OF THIS AGREEMENT SHALL BE
CONSTRUED AS RELIEVING YOU FROM YOUR RESPONSIBILITIES AND OBLIGATIONS,
INCLUDING BUT NOT LIMITED TO, SUCH OBLIGATIONS AND RESPONSIBILITIES AS
MAY ARISE UNDER AN IMPLIED COVENANT OF GOOD FAITH AND FAIR DEALING WITH
REGARD TO LEAD GENERATION, AS MAY BE RECOGNIZED BY APPLICABLE STATE LAW.
b. IN NO EVENT SHALL Maps Magic BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY
KIND OR NATURE WHATSOEVER (INCLUDING LOST PROFITS OR REVENUES, OR HARM
TO BUSINESS) EVEN IF IT HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL Maps Magic ‘S LIABILITY UNDER THIS
AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHER LEGAL THEORY, BE GREATER
THAN THE TOTAL COMMISSIONS PAID WITHIN THE PRIOR SIX MONTHS BY Maps
Magic TO YOU HEREUNDER.
a. In connection with this Agreement, Maps Magic may disclose
to You and/or You may otherwise receive or have access to sensitive,
confidential, and/or proprietary information of Maps Magic
(collectively, “Confidential Information”). You shall not (i)
disclose the Confidential Information to any person, or (ii) use the
Confidential Information (whether for Your own benefit or the benefit
of any other person), without the express prior written consent of Maps
Magic. You shall not use any Confidential Information for the
purpose of soliciting, or to permit any others to solicit, Maps Magic
Clients to subscribe to any other services or promote the sale of any
product which competes, either directly or indirectly, with Maps Magic
or the Affiliate Program. You agree and acknowledge that Maps
Magic may be required to provide to governmental agencies or other
third parties information in its possession regarding You or the
business You conduct with Maps Magic.
To the fullest extent permitted by Law, You agree that in the event
that any party commences any action or files any claim whatsoever
(“Claim”) in connection with Your use of or participation in the
Affiliate Program, the Website or any Opportunity, You shall defend,
indemnify and hold harmless Maps Magic, its related parties and
affiliates, and its officers, directors, employees, representatives,
agents, licensors, attorneys, heirs, successors, and assignees (the
“Maps Magic Parties”), from and against any and all damages,
liabilities, claims or costs (including, without limitation, the costs
of investigation and defense and reasonable attorneys’ fees and
litigation and court costs) (“Losses”) incurred by any Maps Magic Party
as a result of such Claim, regardless of whether such Losses are
direct, incidental, consequential, punitive or statutory.
9. GENERAL TERMS AND CONDITIONS.
a. Governing Law; Dispute Resolution. You agree that
Idaho law will govern this Agreement, other than such laws, rules,
regulations and case law that would result in the application of the
laws of a jurisdiction other than the State of Idaho, and that any
action, suit, proceeding, or claim arising out of or related to this
Agreement must be brought exclusively in federal or state courts
located in Boise, Idaho. You hereby submit to the in personam
jurisdiction and venue of such courts and waive any objection based on
inconvenient forum. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL
RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR
COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
b. Our Relationship. This Agreement does not create
any relationship of principal and agent, partners, joint venturers,
employer and employee, fiduciary or similar relationship between the
parties. You agree that any content stored on Maps Magic’s
servers in relation to your participation in the Affiliate Program is
solely at Your direction and nothing contained in this Agreement nor in
Your participation in the Affiliate Program shall be construed as
shifting responsibility for such publication to Maps Magic.
You are not authorized to make any promise, warranty or representation
on behalf of Maps Magic or obligate or attempt to obligate Maps Magic
in any manner whatsoever. You shall not represent to any
person that You are the agent of Maps Magic, nor fail to correct any
misunderstanding as to such status.
c. Assignment. Maps Magic may freely assign or
transfer any or all of the rights and obligations described under this
Agreement without Your consent and without notice to You. You
may not assign this Agreement or any of Your rights and duties
hereunder without the prior written consent of Maps Magic.
This Agreement shall be binding upon and inure to the benefit of the
parties hereto and their respective successors and assigns.
d. Severability. If any provision of this Agreement
is declared or determined by any court to be unenforceable or invalid:
(i) the validity of the remaining parts, terms or provisions shall not
be affected by that determination; (ii) the unenforceable or invalid
part, term or provision shall not be deemed to be part of this
Agreement; and; (iii) such court may substitute a provision that is
legal and enforceable and is as nearly as possible consistent with the
intentions underlying the original provision. If the
remainder of this Agreement is not materially affected by such
declaration or finding and is capable of substantial performance, then
the remainder shall be enforced to the extent permitted by applicable
law.
e. Publicity. You shall not issue or make any
publicity release (including press releases and advertising or
solicitation materials) or other public statement: (i) relating to this
Agreement; (ii) using Maps Magic’s name or referencing the Affiliate
Program; or (iii) suggesting or implying any endorsement by Maps Magic
of You without the prior written approval of Maps Magic, which Maps
Magic may withhold at its sole discretion.
f. Entire Agreement; Amendment. This Agreement, the
Maps Magic Privacy Policy, and the Maps Magic Terms of Use
(collectively, the “Maps Magic Agreements”) constitute the complete and
exclusive agreement between the parties relating to the subject matter
hereof. Maps Magic reserves the right to amend the Maps Magic
Agreements at any time. When Maps Magic amends any of the
Maps Magic Agreements, Maps Magic shall make reasonable efforts to
provide You with general, not specific, notice of such changes by
posting a conspicuous announcement at mapsmagic.com that; (i)
such changes or amendments have occurred; and (ii) identifying which
particular provisions have changed. Such announcement shall
be maintained for no less than 30 days following the effective date of
such amendment. Your continued participation in the Affiliate
Program following the posting of such amendment will signify and be
deemed Your assent to and acceptance of the revised Maps Magic
Agreements. You agree that You have the burden to
periodically review mapsmagic.com to inform Yourself of any
such changes.
g. Waiver. The waiver or failure by Maps Magic to
exercise any right provided for herein will not be deemed a waiver of
any further right hereunder. The rights and remedies of Maps
Magic set forth in this Agreement are cumulative and are in addition to
any rights or remedies Maps Magic may otherwise have at law or equity,
except with respect to any sole and exclusive remedies expressly
provided for herein.
h. Equitable Actions. You acknowledge and agree that
any breach or threatened breach of this Agreement may cause immediate
and irreparable harm to Maps Magic which would not be adequately and
fully compensated by money damages and that Maps Magic may seek
injunctive relief, specific performance, and/or other equitable relief
as a remedy for any such breach or anticipated breach without the
necessity of posting a bond or other security.
Notwithstanding any other provision of this Agreement, any such relief
may be sought in the state or federal courts of the State of Idaho or
any other court of competent jurisdiction anywhere in the world (at
Maps Magic’s sole discretion), and, You hereby consent to the
jurisdiction of any such court and waive any objection to venue laid
therein. Any such relief shall be in addition to and not in
lieu of any appropriate relief in the way of monetary damages.