Terms Of Service for MethodAN.com

Effective Date: July 6, 2025

These Affiliate Terms of Service (the "Agreement") describe the terms and conditions upon which Method Affiliate Network ("Method AN", "Method", "we", "our" or "us") provides electronic tools and consulting services (collectively, the "Service") to any organization enrolled as a customer via an approved Affiliate Application and Agreement ("Affiliate", "Customer", "you", "your" or "yours").

1. AGREEMENT

a. Service ("Service").

Method agrees to allow your organization to access Method’s consulting services and electronic tools, as may be provided by Method from time to time at Method’s discretion, via your own internet connection and electronic devices.

b. Changes to Agreement.

Method may change or add terms to this Agreement from time-to-time, at our sole discretion, by providing thirty (30) days prior written notice to Customer; provided however we shall not change the price during the guaranteed term of your rate schedule as defined in your Affiliate Agreement.  Such changes or additional terms shall become effective on the thirty-first (31st) day following receipt of notice. In the event that we substantially change a material term or add a material term that you elect not to accept you may terminate this Agreement pursuant to the terms set forth in your Affiliate Agreement.

2. PRICE, PAYMENT OF FEES AND TAXES

a. Price.

The base price for service is described in your Affiliate Agreement. From time to time Method may make additional services available for a fee. You have no obligation to use these additional services and these are simply offered as an additional value to you.  All Method materials and equipment used to provide service remains the property of Method unless otherwise specified.

b. Invoices and Payment.

Method will bill you for services in accordance with your Affiliate Agreement.  Payments are due as specified in your Affiliate Agreement and shall be made in U.S. dollars. Payments must be made by credit card or other electronic means approved by Method. A 1.5% per month (18% per annum) interest charge will be added to all outstanding balances not received within 91 days of the due date. Any payment in bad funds (credit card declinations, etc.) will be assessed a $25 fee and be considered a material default of this Agreement. Repeated or malicious payment in bad funds will be considered a material default of this Agreement that will result in immediate termination of services.

c. Taxes.

Prices payable by Customer to Method under this Agreement are exclusive of any tax, levy, customs duty, import tax or similar governmental charge that may be assessed by any jurisdiction, whether based on gross revenue or delivery of services, except for net income taxes assessed on Method. All such taxes are the responsibility of Customer.

3. TRADEMARKS/PROPRIETARY RIGHTS/PUBLICITY/CONFIDENTIALITY

a. Use of Method's Name and Trademarks.

All trademarks, service marks and tradenames identifying Method or Method's products or services (the "Marks") are the exclusive property of Method. Customer shall take no action that jeopardizes the Marks. Customer shall not use a Mark or the name of Method in any advertising, promotional material, or public announcement without the prior written approval of Method. This provision applies reciprocally to all Marks of Customer.

b. Use of Customer's Name.

Customer acknowledges that use of the Service may require that Method include Customer's name in registrations and administrative filings which are available to the public.

4. INTELLECTUAL PROPERTY RIGHTS

a. Method's Intellectual Property Rights.

In order to protect the intellectual property rights of Method and to provide for access to the valuable intellectual property developed by Method which is integral to the function and value of all services contemplated in this Agreement, non-exclusive rights to use the Service are granted as follows: At all times before, during, and after this Agreement Method owns and retains exclusive ownership and rights to all content, materials, work product, deliverables, methods, techniques, strategies, electronic components, source code, programming, processes and other intellectual property utilized in the development and ongoing provision of the Service, regardless of the status of this contract or the registration of copyright.  You understand and agree that the Service contains proprietary and confidential material that is protected by applicable intellectual property rights and other laws.  Customer is granted a limited non-exclusive license to use the electronic tools and consulting services that comprise the Service only as provided by this Agreement, and will make no other use of the content, Method’s intellectual property or the Service without the express written permission of Method. Customer will not misappropriate, infringe, alter, reverse-engineer, copy, disclose, distribute or otherwise engage in any activity that would impair Method's intellectual property rights.

b. Your Intellectual Property Rights.

Method makes no claims of ownership to any Customer supplied or input data that is placed into Method’s electronic tools or utilized in Method’s consulting services in the normal course of use of the Service. We will not use any of your data for any purpose except to provide you with the Service.

5. CONTENT RESPONSIBILITY

Customer shall be solely responsible for the content of any telecommunications or transmissions over the Internet by Customer and any third party using Customer's facilities. Customer agrees that neither it nor any third party utilizing Customer's facilities will use the Service for illegal purposes, or to interfere with or disrupt other users of the Service, including network users, network services, or network equipment. Disruptions include, but are not limited to, unsolicited communications, distribution of unsolicited advertising or chain letters, propagation of computer worms and viruses, and using the network to make unauthorized entry to any other machine accessible via the network.  Method reserves the right at its sole discretion to alter or terminate service if Customer is found to be in violation of any of the above. If such violation is remediable Method will give customer a reasonable time to remedy the defect.

6. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

METHOD AND ITS SUPPLIERS DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Neither Method nor its affiliates or vendors shall be liable for any damage that Customer may suffer arising out of use, or inability to use, the Service or products provided hereunder. Neither Method nor its suppliers shall be liable for unauthorized access by third parties to Customer's transmission facilities or premise equipment or for unauthorized access to or alteration, theft, loss or destruction of Customer's data files, programs, procedures or information through accident, fraudulent means or devices, or any other means.

Method provides the Service strictly on an "AS IS" and "AS AVAILABLE" basis without any express guarantee or assurance of quality, reliability, availability, functionality or specific outcomes (such as "increased profits" or "new customer acquisitions").  No advice and/or information, whether written or oral, that may be obtained by you from Method or by way of your use of the Service shall create any warranty not expressly stated in this Agreement. 

Method at its sole discretion may suspend or cancel the Service or any part of the Service with thirty (30) days written notice to you. Method at its sole discretion may suspend or cancel the Service or any part of the Service without notice if it feels that its network, assets, or clientele are in jeopardy. In such event Method will use commercially reasonable measures to restore service. Except as expressly set forth herein, Customer accepts all risk, including all risk with respect to suitability, use and performance of Service. In any instance involving performance or nonperformance by Method with respect to services provided hereunder, Customer's sole remedy shall be the crediting of a pro rata portion of the price paid for Service which was not provided. Method shall not be liable for punitive, exemplary, indirect, consequential, incidental, or special damages even if advised of the possibility in advance. Method shall not be liable for any lost property or data of Customer or any third party. Method's liability for damages to Customer for any cause whatsoever, regardless of form of action, shall be limited to the amounts paid by Customer to Method hereunder during the one (1) month period preceding the incident giving rise to the claim for damages.

In the event you have a dispute, you agree to release Method (and its officers, directors, employees, agents, parent, subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.

7. DISCLAIMER OF CONSEQUENTIAL DAMAGES

IN NO EVENT WILL METHOD, ITS AGENTS, AFFILIATES OR SUPPLIERS BE LIABLE FOR ANY OTHER DAMAGES, INCLUDING LOST REVENUES OR LOST PROFITS, LOSS OF DATA, OR OTHER PUNITIVE, EXEMPLARY, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. INDEMNIFICATION

Both parties agree to defend, indemnify and hold the other and their suppliers and affiliates harmless from and against any claim or demand asserted by any third party due to or arising out of the use of the Service hereunder.

9. MANAGEMENT OF YOUR DATA, COMPUTER(S), AND CONNECTION(S)

a. You are solely and entirely responsible for obtaining and maintaining your own internet and telecommunications connections so that you may access the Service.

b. Method is committed to protecting your data and to providing you with access to the Service in accordance with commercially reasonable measures. Method's base Service includes Method's internal data backup, recovery and continuity procedures at no additional cost to you. These procedures are for Method's internal use only and may be established and modified by Method from time to time at Method's sole discretion. You are solely and entirely responsible for the local management of your own information on equipment that you own, for maintaining adequate local backup procedures, and for maintaining adequate local backups of your data in electronic or paper format to meet your specific needs. To assist you in meeting your specific needs, Method, at our sole and absolute discretion, may offer supplementary, optional data backup services to you at an additional charge. You have no obligation to use these additional services and these are simply offered as an additional value to you.

c. You are solely and entirely responsible for development and maintenance of any security procedures you deem appropriate, such as logon security and encryption of data, UserID, alias, and password on your own equipment and/or router and firewalls to protect your information. Method is not responsible for backup and restoration of information stored or maintained on your own computers and equipment and strongly recommends the use and updating of commercial anti-virus, firewall software and the frequent backing up of data.

d. You are solely and entirely responsible for the maintenance of your computer(s) and their compatibility with whatever products and services you have purchased from Method.

e. You agree that your use of the Service and the Internet, without limitation, is your sole responsibility, is solely at your own risk, and is subject to all applicable local, state, national, and international laws and regulations. You agree that Method has no control over the Internet and does not own the Internet and as such does not guarantee that the Service will suit your needs. You agree and understand that Method does not and can not guarantee or warrant that data available for downloading from the internet will be free of viruses, worms, or any other malicious code and that you are responsible for maintaining and implementing adequate procedures to protect yourself from these threats. You agree and understand that Method does not and can not guarantee or warrant that the Internet is a secure network or that third parties will not be able to corrupt, intercept, or otherwise access the information that you transmit over the internet and Method is not responsible for any security or corruption issues whatsoever. You understand that through the Internet you and all users of the Service may have access to information that might be deemed to be inappropriate, sexually explicit, or offensive and that Method is not responsible for access by any users, you or minors, to objectionable or offensive data and that we recommend that if you are concerned about these things that you purchase a commercially available content filtering software package for your computers and equipment. You understand that the Service may contain links or referrals to third-party websites or services that are not owned or controlled by Method and that Method has no control over and assumes no responsibility for the content, privacy policies or practices of any third-party website or services, and you agree that Method shall not be responsible or liable, directly or indirectly, for any loss or damage related to your use of any such third-party website or services.

10. GENERAL

a. Governing Law; Amendments.

This Agreement shall be construed under and governed by the laws of the State of Maryland, without giving effect to its conflict of laws provisions or your actual state or country of residence. Both parties agree that any dispute arising under this Agreement shall be resolved before a court of competent jurisdiction within the County of Harford, Maryland. Except as specified otherwise herein this Agreement may only be modified by a written amendment duly executed by Customer and Method.

b. Independent Contractors.

The parties hereto will be deemed to have the status of independent contractors, and nothing in the Agreement will be construed to place either party or its personnel in a relationship of employer-employee, principal-agent, partners or joint ventures with the other party. Neither party is authorized or will have the power to bind the other party in any means whatsoever, or to make any representations or warranties on the other's behalf, and neither party will hold itself out as having the capacity to do so.

c. Force Majeure.

If the performance of any obligation is interfered with by reason of any circumstances beyond the reasonable control of the party affected, then the party affected shall be excused from such performance to the extent necessary, provided that the party so affected shall use reasonable and diligent efforts to remove such causes of nonperformance.

d. Assignment.

Method may assign its rights under this Agreement and this Agreement shall inure to the benefit of the successors and assigns of Method and shall be binding upon Customer.

e. Nonwaiver.

Failure of either party to assert any of its rights on any one occasion under this Agreement shall in no way be construed as a waiver of such rights on any other occasion, nor shall a waiver of any right of either party constitute or be deemed a waiver of any other right.

f. Cost of Collection or Action.

In the event that Method is required to undertake any actions or incurs any costs to enforce any term or provision of this Agreement whether or not any suit is filed hereon, the customer agrees to pay, upon demand by Method, in addition to any other amounts due under the contract, all such costs including reasonable attorney's fees and other collection charges.

g. Billing Disputes.

Customer must provide Method with written notice of any disputed charge(s) within one hundred and fifty (150) days of such charge or will be deemed to have waived its rights to dispute the charges. If the dispute is filed on or before the Due Date for the respective charge, Customer shall pay the amount due minus the disputed amount by the due date. Customer shall have no right to withhold amounts not disputed by the Due Date, provided that payment of an amount due shall not be deemed a waiver of Customer's rights to later dispute any charge within the time period established in this section. The dispute notice shall set forth in reasonable detail the information concerning the disputed charges and reasons for the dispute. Method and Customer shall attempt in good faith to promptly resolve any objection to the disputed amount. If the dispute is subsequently resolved in favor of Method, Customer shall pay the disputed amount previously withheld within ten (10) days of such resolution. If the dispute is subsequently resolved in favor of Customer, Method shall issue a credit on Customer's account for the disputed amount.

h. Notices.

All notices under this Agreement shall be deemed given if delivered by email, delivered by hand, delivered by a major commercial courier service, or mailed by certified U.S. first class or air mail, to a party at its address set forth below or as amended by notice pursuant to this Subsection. Notice shall be deemed received five (5) days after deposit in the U.S. mail, and one day after sent by courier or email (subject, however, to Method's email verification procedures, as may be established by Method from time to time in its sole discretion, and which may include the requirement that you contact Method by phone so as to confirm that any such notice was in fact sent by you). Notices shall be addressed to:

Method: Method Affiliate Network, 2006 Norwood Ct., Fallston, Maryland 21047 or by email to [email protected]

Customer: To postal address or email address provided by Customer on Customer's Method Affiliate Agreement

i. Entire Agreement; Severability.

This Agreement supersedes all prior communications between the parties relating to this Subject. If any provision of this Agreement is held to be unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

j. Waiver.

Performance under this Agreement may be waived only in writing specifically waiving such rights and signed by the parties. This Agreement shall be controlling over additional or different terms of any purchase order or similar document relating to Customer’s purchase and use of the Service, even if accepted in writing by both parties.

k. Acceptable Use Policy.

Customer's individual users of Method’s electronic tools are required to abide by Method's Individual User Terms of Use policy.

l. Rules of Construction.

No rule of construction requiring interpretation against the draftsman shall apply in the interpretations of this Agreement.