Affiliate Agreement Deutsch

17.6. Entire Agreement. This Agreement contains the entire agreement between the parties with respect to their respective subject matter of this Agreement and supersedes and supersedes all prior written and oral agreements, notices and other agreements relating to the subject matter of this Agreement and will not be modified unless signed in writing, signed by both parties or otherwise agreed upon or by a modification of this Agreement by Twitch in accordance with Section 10 above has been modified. 16. Arbitration. Any dispute or claim related in any way to this Agreement, its terms or your participation in the Program that arises between the parties (including the parties` parent company, affiliate and/or respective subsidiaries) will be resolved by binding arbitration as described in this paragraph and will not be resolved in court, except that (a) you may file claims in Small Claims Court. if your claims are questioned. and (b) either party may bring an action by appealing to the courts of the foregoing jurisdiction and waiving that party`s respective rights in another jurisdiction to prohibit any infringement or other misuse of intellectual property rights. There is no judge or jury in an arbitration, and judicial review of an arbitral award is limited.

However, an arbitrator may award the same damages and remedies as a court on an individual basis (including declaratory injunction and relief or statutory damages) and must comply with the terms of this Agreement as a court. In order to initiate arbitration, you must send a letter requesting arbitration and a description of the claim to Twitch`s registered representative, Corporation Service Company, 2710 Gateway Oaks Drive, Suite 150N, Sacramento CA 95833. The arbitration will be conducted by the American Arbitration Association („AAA”) in accordance with its rules, including the AAA`s additional procedures for consumer disputes. Payment of all filing, administrative, and arbitration fees is governed by the AAA Rules. We will reimburse these costs for claims under $10,000 in total, unless the arbitrator determines that the claims are frivolous. Similarly, in the course of arbitration, we will not require you to pay attorneys` fees and expenses unless the arbitrator determines that the claims are frivolous. You may choose to have the arbitration conducted by telephone, on the basis of submissions, or in person in the county in which you are located or in the agreed jurisdiction described above. The parties agree that a dispute settlement procedure will only be conducted on an individual basis and not in the context of a collective, consolidated or representative action.

If, for any reason, a claim is heard by a court and not by arbitration, the parties each waive the right to a jury trial. 7. Representations and Warranties. You can update your information by contacting us through the Twitch service. 12. Indemnification. 17.1. Assignment. You may not assign this Agreement automatically or otherwise without our express prior written consent. Subject to this limitation, this Agreement will be binding, beneficial and enforceable for the parties and their respective successors and assigns. Any attempted assignment in violation of this section will in any event be void.

We may assign this Agreement: (a) to one of our affiliates; or (b) in connection with a merger, consolidation, reorganization, sale of all or substantially all of our assets or similar transaction. This Twitch Partnership Agreement („Agreement”) sets forth the terms and conditions governing your participation in the Twitch Affiliate Program („Program”) operated by Twitch Interactive, Inc. and its affiliates (collectively, „we”, „us”, „our” or „Twitch”). Any person or entity that participates in or attempts to participate in the Program (such person or entity, „you” or an „Affiliate”) must accept this Agreement without modification. .