Welcome to Mytrademartstore’s Affiliate Marketing Program Terms and Conditions
-- Your privacy is critically important to us.
Relev Tech Sdn Bhd. is located at:

Level 16, Sentral 1,
Jalan Stesen Sentral 5,
KL Sentral,
50470 Kuala Lumpur,
Malaysia.

The Site and Mobile App are owned and operated by Relev Tech Sdn Bhd (hereinafter, "us", "we", “the company”, www.relevtech.com or “mytrademartstore”)
We appreciate the trust you’ve placed in us, and we want you to know what information we collect from you and how we use and share it. By vising the Site or using a Mobile App, you accept the practices described in this Privacy Policy.

It is Relev Tech Sdn Bhd.’s policy to respect your privacy regarding any information we may collect while operating our website. This Privacy Policy applies to Mytrademartstore at https://www.mytrademartstore.com.
We respect your privacy and are committed to protecting personally identifiable information you may provide us through the Website. We have adopted this privacy policy ("Privacy Policy") to explain what information may be collected on our Website, how we use this information, and under what circumstances we may disclose the information to third parties. This Privacy Policy applies only to information we collect through the Website and Mobile App does not apply to our collection of information from other sources.


This Privacy Policy, together with the Terms and conditions posted on our Website, set forth the general rules and policies governing your use of our Website (directly from the Site or through Mobile App). Depending on your activities when visiting our Website, you may be required to agree to additional terms and conditions.

These terms and conditions are an integral part of the Affiliate Marketing Agreement for the promotion of the Platform. The terms and conditions explain the nature and scope of the relationship between Relev Tech Sdn Bhd (as owner and management for the program) and a member of Mytrademartstore’s affiliate marketing program and who is issued Mytrademartstore Affiliate Marketing membership. The terms and conditions cover limitations and exclusions on the liability of Relev Tech or Mytrademartstore Loyalty and Loyalty Partners.

Mytrademartstore reserves the right to change at any time and in its sole discretion any of the terms and conditions contained in these General Terms and Conditions, the Policies and the Commission. Changes to Policies and the Commission may be posted without notice and shall have immediate effect. The Affiliate is responsible for reviewing notices, Policies and the commission structure. The Affiliate's continued participation in the Mytrademartstore Affiliate Program following the changes taking effect will constitute the Affiliate's acceptance of such changes and if the Affiliate does not agree to any changes, the Affiliate must discontinue its participation in the Affiliate Program and the Agreement will be terminated. For the avoidance of doubt, newer versions of the General Terms and Conditions, Policies and to the commission structure supersede older versions.

The Agreement is limited to parties that can enter into and form contracts under applicable law. The Affiliate represent and warrant that: i) it is, and will remain at all times, a business duly organized, registered, validly existing and in good standing under the laws of its country of registration; ii) it has all requisite right, power and authority to enter into the Agreement and perform its obligations hereunder; and iii) any information provided or made available to Mytrademartstore is, and shall remain at all times, accurate, up to date and complete.

Mytrademartstore Affiliate Program (the “Program”) Terms and Conditions

1.1 “Account Balance” means the accumulated and unpaid Commission Fees due and payable to Affiliate.

1.2 "Affiliate Media" refers to platforms owned, controlled, or operated by the Affiliate, including but not limited to advertising media, websites, blogs, social media profiles, email newsletters, and other digital or offline channels used to promote Mytrademartstore’s products and services, affiliate networks' sub affiliates, their owned and brokered media registered to the Program by the Affiliate and approved by Mytrademartstore. Affiliates are required to ensure that such platforms comply with applicable Malaysian laws and do not contain prohibited or infringing content.

1.3 “Affiliate Links” means advertising materials made available by Mytrademartstore to Affiliate via the Program, including graphics, artwork, text, files, URLs and HTML or Javascript code.

1.4 “Confirmed Budget” means an estimated value of marketing spend that is agreed between Mytrademartstore and the Affiliate on a monthly basis via email communication or otherwise as agreed in writing between the Parties.

1.5 “Completed Purchase" refers to a verified transaction in which a customer successfully purchases a product from MyTradeMart using the Affiliate's unique referral link. The purchase must be completed without cancellation, refund, or chargeback within a stipulated period, as defined by MyTradeMart’s internal policies and communicated in the program guidelines and in accordance with Mytrademartstore’s Terms of Use which results directly from a Buyer accessing the Platform via Affiliate Links placed on Affiliate Media and such Buyer:

1.6 “Net Completed Purchase Value” means the monthly total net value of the Completed Purchases generated through Affiliate Links placed on Affiliate Media, calculated as the total value of Completed Purchases in a calendar month excluding any discounts, shipping fees, voucher fees, and other rebates such as Mytrademartstore Coins.

1.7 “Platform” means any platform operated by Mytrademartstore, which includes the Mytrademartstore mobile applications available and the Mytrademartstore websites.

1.8 “Product” means any item listed or service offered on Platform by Mytrademartstore/ Sellers for sale to Buyers.

1.9 “Prohibited Content” means any content or term that:

1.10 “Term” has the meaning set forth in Section 7.1.

1.11 “Terms of Use” means the terms of use governing the Platform, including additional guidelines required or updated by Mytrademartstore from time to time.

1.12 “Territory” means the territory in which the Mytrademartstore entity that is engaging the Affiliate is domiciled.

1.13 “User” means any registered valid customer who is a user of the Platform, which includes both buyers (“Buyers”) and sellers (“Sellers”) on the Platform.

2.1 Eligibility Criteria:

• Affiliates must be individuals aged 18 years or older and legally residing in Malaysia, in compliance with Malaysian laws.
• Employees, contractors, or interns of Mytrademartstore, their immediate family members, or individuals residing in the same household are not eligible to participate in the program to avoid any conflict of interest and ensure fair competition
• Affiliate Media must be publicly available via the information provided in Affiliate’s application to join the Program. Affiliate shall not be eligible to participate, and Mytrademartstore may terminate Affiliate’s participation, in the Program if its Affiliate Media contains any of the Prohibited Content or other content that Mytrademartstore deems inappropriate. Affiliate Media may include social media and websites (including, but not limited to, website/blog domain, Facebook, Pinterest and Twitter) upon approval by Mytrademartstore (“Approved Social Media”). Approved social media must:
  1. Not contain the trademarks, names, or logos of Mytrademartstore, or display misleading content.
  2. If through Facebook, be displayed through a “fan page” only and not through a “personal page” in accordance with Facebook’s user policies.

2.2 Registration Information.
Affiliate shall provide any information requested by Mytrademartstore and shall ensure such information is true, accurate and complete, for the purpose of registration for the Program. Any false or inaccurate information submitted to Mytrademartstore shall be deemed as grounds for termination of this Agreement. Mytrademartstore may accept or reject Affiliate’s application at its sole discretion and for any reason.

2.3 Limited License.
If Affiliate is accepted into the Program, Mytrademartstore grants to Affiliate for the duration of this Agreement a non-exclusive, non-transferrable and revocable right to display the Affiliate Links on its Affiliate Media at its own cost, for the sole purposes of Affiliate’s participation in the Program. Affiliate shall not, without the prior written consent of Mytrademartstore, alter or modify or create derivative works of the Affiliate Links or any of Mytrademartstore’s intellectual property. Except as expressly set forth in this Agreement, nothing in this Agreement is intended to grant Affiliate any rights to use any of Mytrademartstore’s intellectual property.

2.4 Application Process.
All applications must be completed accurately and truthfully. Providing false, incomplete, or misleading information will result in immediate disqualification from the program.

3.1 Commission Rate. The fees payable by Mytrademartstore to Affiliate in a given month (the “Commission Fee”) shall be calculated in accordance with the rates stated on the Mytrademartstore’s website or as separately agreed between Affiliate and Mytrademartstore in writing (such rate, the “Commission Rate”). However, the general rate will be 10% from the order total (after deducting the discounts).

3.2 Calculation of Commission Fee. The Commission Fees for a given month shall be calculated and paid after reconciliation is done at month-end (system-wise) and a full payment settlement is made on the 10th day of the subsequent month. The mode of payment would be a bank transfer or in any other agreed/discussed option (i.e. PayPal transfer). Commission fees are earned only when a member signs up with the affiliate link and makes purchases of any products on Mytrademartstore. The commission earning is a continuous arrangement and not a one-off.
All Commission Fees paid to, and received by, Affiliates are inclusive of all value-added taxes. Mytrademartstore shall deduct a service fee from the Commission Fees in accordance with the rates stated on the Mytrademartstore’s website or as separately agreed between Affiliate and Mytrademartstore in writing.

3.3 Payout.
3.4 Payment.
Pursuant to Section 3.3, Mytrademartstore shall validate and approve the Commission Fees payable and shall pay Affiliate within sixty (60) days of system approval. The Commission Fees determined by Mytrademartstore shall be deemed final, provided that the validation process complies with the terms of this Agreement and applicable laws. Affiliates shall ensure their payment details are accurate to avoid delays or rejections.

3.5 Taxes.
Each party will pay all taxes that it owes under this Agreement. If applicable law requires Mytrademartstore to withhold any taxes from the amounts due to Affiliate, Mytrademartstore will withhold the required amount and provide Affiliate with a receipt or other documentation evidencing the withholding tax payment. If Affiliate is domiciled outside of the Territory, the parties agree that the services provided by Affiliate are performed wholly outside of the Territory.

3.6 Chargebacks.
Mytrademartstore shall not make commission payouts on, and reserves the right to set-off or initiate chargebacks on transactions that were previously paid out. Such transactions include but are not limited to:

4.1 Business Conduct. Affiliate may not contractually bind Mytrademartstore or make any representations on behalf of Mytrademartstore. Affiliate will not engage in any unconscionable, false, deceptive, misleading, or fraudulent conduct. Affiliate will not advertise substances, services, products, or materials that violate applicable laws. Mytrademartstore shall have the absolute discretion and authority to make any request for any removal of any content, material, or other media placed or displayed by the Affiliate under its performance of this Agreement and Affiliate shall act upon Mytrademartstore’s request immediately.

4.2 Compliance with Laws and Terms of Use. Affiliate will ensure that the Affiliate Media and the placement of Affiliate Links complies with all applicable laws in jurisdictions in which Affiliate is located or provides goods and services, the Terms of Use, and other existing criteria or specifications required by Mytrademartstore (including content limitations, technical specifications, privacy requirements, user experience requirements, and requirements regarding Mytrademartstore’s public image).

4.3 Prohibited Actions. Affiliate will not, and will not allow any third party to do the following:

4.4 Cookies. The Affiliate shall warrant that it will set cookies only if the Affiliate Links are visible on Affiliate Media and the user clicks voluntarily and consciously. The use of layers, add-ons, iFrames, pop-up, pop-under, site-under, advertisements which automatically redirect the user to the Platform without the user’s engagement or action (e.g. click, touch), cookie dropping, postview technology, misleading advertisements that result in misleading clicks, shall not be permitted and are strictly prohibited. Advertisements that result in forced installations (which includes initiating downloads/redirects without a user’s permission) of the Mytrademartstore application are strictly prohibited.

5.1 Platform. Mytrademartstore will operate and maintain the Platform. No changes relating to the features or functionalities of the Platform will affect the validity and enforceability of this Agreement.

5.2 Right to Cancel, Reject, or Remove. Mytrademartstore reserves the right to review any Affiliate Media and any related documentation submitted by Affiliate. If, in Mytrademartstore’s sole judgment: (a) any Affiliate or Affiliate Media violates the Terms of Use of the Platform; (b) Affiliate violates or encourages violation of any applicable laws; (c) Affiliate breaches its obligations under this Agreement; (d) Mytrademartstore believes that any Affiliate Media may subject Mytrademartstore to criminal, civil, or administrative liability; or (e) any Affiliate Media constitutes or contains Prohibited Content, Mytrademartstore may take one or more of the following measures:
5.3 Changes to these Terms and Conditions and Terms of Use. Mytrademartstore may, at Mytrademartstore’s discretion, update, amend, or modify these Terms and Conditions and the Terms of Use. If Mytrademartstore updates, amends, or modifies these Terms and Conditions or the Terms of Use of a Platform, Mytrademartstore will make reasonable efforts to notify Affiliate of the updates, amendments, or modifications, including by publishing the modified Terms and Conditions and Terms of Use on the Platform’s website], by email, or by instant message. Affiliate will check the Platform periodically for such updates and notices. The modified Terms and Conditions and/or Terms of Use take effect on publication. By continuing to use the Affiliate Links, Affiliate agrees to be bound by the updated, amended, or modified Terms and Conditions and Terms of Use. If Affiliate does not agree to be bound by the updated, amended, or modified Terms and Conditions and Terms of Use, the Affiliate must terminate this Agreement pursuant to Section 7.

6.1 “Confidential Information” means all information that is confidential in nature including, but not limited to: (a) any proprietary information of a party to this Agreement disclosed by one party to the other that is in written, graphic, machine readable, or other tangible form and is marked “Confidential” or “Proprietary” or in some other manner to indicate its confidential nature; (b) the Mytrademartstore materials and all other non-public marketing or technical information, even if not marked as confidential; and (c) all information collected or developed by Mytrademartstore regarding its Users. Confidential Information also includes oral disclosures if that information would reasonably be understood to be confidential from the context of disclosure.

6.2 Exceptions. Confidential Information will not include any information that: (a) was publicly known and made generally available before the time of disclosure by the disclosing party; (b) becomes publicly known and made generally available after disclosure by the disclosing party to the receiving party through no action or inaction of the receiving party; (c) is already in the lawful possession of the receiving party at the time of disclosure; (d) is obtained by the receiving party from a third party without a breach of that third party’s obligations of confidentiality; (e) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information; or (f) is disclosed by the receiving party pursuant to the disclosing party’s prior written approval.

6.3 Non-Use and Non-Disclosure. Each party will: (a) treat as confidential all Confidential Information of the other party; (b) not disclose that Confidential Information to any third party, except on a “need to know” basis to third parties that have signed a non-disclosure agreement containing provisions substantially as protective as the terms of this Section and such party has obtained the written consent to that disclosure from the party that provided the Confidential Information; and (c) not use that Confidential Information except in connection with performing its obligations or exercising its rights under this Agreement. Each party is permitted to disclose the other party’s Confidential Information if required by law so long as the other party is given prompt written notice of that requirement before disclosure and assistance in obtaining an order protecting that information from public disclosure.

7.1 Term. This Agreement takes effect on the date that Mytrademartstore approves Affiliate’s application to join the Affiliate Program and continues to be in effect until terminated in accordance with Section 7.2 or 7.3 (the “Term”).

7.2 Termination by Mytrademartstore. Mytrademartstore may unilaterally terminate this Agreement at its sole discretion and for any reason which Mytrademartstore deems appropriate with seven (7) days’ prior notice and disabling the Affiliate Links. Mytrademartstore may terminate this Agreement immediately and without any prior notice if Affiliate breaches its obligations under this Agreement.

7.3 Termination for Cause. This Agreement will terminate immediately upon:
7.4 Effect of Termination. Upon termination of this Agreement for any reason, Affiliate shall immediately cease all use of Mytrademartstore’s Affiliate Links, and will cease representing itself as a Mytrademartstore Affiliate, including:

• Immediately cease using all promotional materials, logos, and trademarks belonging to MyTradeMart.
• Forfeit any unpaid commissions if the termination is due to a breach of this policy.
• Return or delete any proprietary or confidential information received as part of the program. Non-compliance may result in legal action.

7.5 Termination due to Affiliate’s breach. If this Agreement is terminated due to Affiliate’s breach of its obligations in accordance with Sections 5.2 and 7.3, all amounts payable to Affiliate by Mytrademartstore may be forfeited as liquidated damages without prejudice to Mytrademartstore’s recourse for other rights or remedies available under applicable laws.

7.6 Survival. The following provisions will survive the termination or expiration of this Agreement: Sections 1, 3, 6, 7, 9, 10, 11 and any other provisions that, by their nature, are intended to survive. All liabilities that accrued before the termination or expiration will survive the termination or expiration of this Agreement.

Mytrademartstore reserves the right to amend this policy at any time. Affiliates will be notified of any significant changes via email or the Affiliate Dashboard. Continued participation in the program after the effective date of changes constitutes acceptance of the revised terms. Affiliates are encouraged to regularly review the policy to remain informed of any updates.

9.1 Mutual Representations and Warranties. Each party represents and warrants that: (a) it is duly organized, validly existing, and in good standing in the jurisdiction it is formed; (b) its execution and delivery of this Agreement has been duly and validly authorized; (c) this Agreement constitutes a valid, binding, and enforceable obligation upon its execution; and (d) it will comply with all applicable laws in performing under this Agreement.

9.2 Representations and Warranties by Affiliate. Affiliate represents and warrants that

10.1 Indemnification by Affiliate. Affiliate will indemnify, defend, and hold harmless Mytrademartstore and its affiliates and their directors, officers, and employees from and against all claims, actions, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any breach by Affiliate of this Agreement; (b) any failure of Affiliate to perform its obligations under this Agreement in compliance with all applicable laws; (c) any violation of any rights of any third party related to Affiliate Media; or (d) Affiliate’s fraud, negligence or willful misconduct.

10.2 Procedure. Mytrademartstore will promptly notify Affiliate of any claim that is subject to Section 9.1, and will permit Affiliate to assume and control the defense of that claim. Mytrademartstore will, however, have the right to employ separate counsel and participate in the defense of claims at the Affiliate’s sole cost. Affiliate will have the sole authority to defend, compromise, settle, or otherwise dispose of a claim, but it will not agree to any disposition or settlement of a claim that admits liability or imposes duties of performance or payment on Mytrademartstore without Mytrademartstore’s prior written consent. If the parties agree to settle a claim, Affiliate will not publicize the settlement without first obtaining Mytrademartstore’s written permission.

11.1 Disclaimer of Warranties. All mytrademartstore materials and affiliate links are provided “as is.” Affiliate acknowledges and agrees that mytrademartstore will have no liability arising from a failure of any security technology or procedure. Mytrademartstore does not warrant that the mytrademartstore materials or affiliate links provided will be available, accessible, uninterrupted, secure, accurate, complete or error-free, that defects, if any, will be corrected, or that the server that makes the same available are free of viruses, clocks, timers, counters, worms, software locks, drop dead devices, trojan-horses, routings, trap doors, time bombs or any other harmful codes, instructions, programs or components.

11.2 Disclaimer of Consequential Damages. Mytrademartstore will not, under any circumstances, be liable to affiliate for consequential, incidental, special, punitive, or exemplary damages arising out of or related to the transaction contemplated under this agreement, including lost profits or loss of business.

11.3 Cap on Liability. Under no circumstances will mytrademartstore’s total liability of all kinds arising out of or related to this agreement (including warranty claims), regardless of the forum and regardless of whether any action or claim is based on contract, tort, or otherwise, exceed the total amount paid or payable by mytrademartstore to affiliate under this agreement for the 6-month period preceding that claim.

11.4 Independent Allocations of Risk. Each provision of this agreement that provides for a limitation of liability or exclusion of damages is to allocate the risks of this agreement between the parties. This allocation is an essential element of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this agreement, and each of these provisions will apply even if these provisions fail their essential purpose.

12.1 Subcontractors and 3rd party suppliers. Mytrademartstore may exercise its rights under this Agreement via its affiliates and subcontractors. Mytrademartstore will be responsible for the compliance of those affiliates and subcontractors with the terms of this Agreement.

12.2 Independent Contractor. This Agreement will not be construed as creating a partnership, joint venture, or agency relationship or as granting a franchise. The parties are independent contractors in the performance of this Agreement. Neither party is authorized to bind the other party to any liability or obligation or to represent that it has any authority to do so.

12.3 Press Release. Except as expressly set forth in this Agreement or as required by the laws of any jurisdiction, neither party will make any public announcement or press release regarding the cooperation contemplated by this Agreement without the prior consent of the other party. Any party required by law to make a public announcement regarding any matter related to the cooperation contemplated by this Agreement will solicit from and consider in good faith the other party’s feedback on the content of that public announcement.

12.4 Force Majeure. Neither party will be liable to the other party for any failure or delay in fulfilling an obligation (other than the financial obligations) under this Agreement if that failure or delay is attributable to circumstances beyond its control, including any fire, power failure, labor dispute, war, civil dispute, or government action (including any new law or regulation) or inaction (“Force Majeure”). The deadline for fulfilling the obligation in question will be extended for a period equal to that of the continuance of the Force Majeure event.

12.5 Governing Law and Resolution of Disputes. This Agreement shall be governed by and construed under the laws of Malaysia. In the event of any dispute, controversy, claim or difference of any kind whatsoever arising between the parties in connection with this Agreement, including the breach, termination or validity of this Agreement, or in connection with the determination of any matters which are subject to objective determination pursuant to this Agreement (“Dispute”), which Dispute has been subject of a written notice by one party to the other (“Dispute Notice”), the parties shall attempt, for a period of thirty (30) days after the receipt by one (1) party of a Dispute Notice from the other party of the existence of a Dispute, to settle such Dispute in the first instance by mutual discussions between the senior management of each of the parties.

12.6 Notices. All notices under the terms of this Agreement will be deemed given as of the day they are received either by overnight courier, email, postage prepaid certified or registered mail, or facsimile, and addressed either to Mytrademartstore or Affiliate at their respective addresses.

12.7 Assignment. Affiliate may not voluntarily, involuntarily, or by operation of law assign any of its rights or delegate any of its obligations under this Agreement (in whole or in part), including by direct or indirect change of control, merger (whether or not Affiliate is the surviving entity), or operation of law, without Mytrademartstore’s prior written consent, which Mytrademartstore may withhold in its sole and absolute discretion. Any direct or indirect change of control of equity ownership or management or control of Affiliate, whether or not Affiliate survives as an entity, will be deemed an assignment and delegation of this Agreement that requires Mytrademartstore’s prior written consent. An assignment by Affiliate will not relieve Affiliate of its obligations under this Agreement unless Mytrademartstore expressly states otherwise in its written consent. Mytrademartstore will not release Affiliate of its liability under this Agreement unless Mytrademartstore expressly states otherwise in its written consent. Mytrademartstore may voluntarily, involuntarily, or by operation of law assign any of its rights or delegate any of its obligations under this Agreement (in whole or in part) without Affiliate’s consent. Any purported assignment or delegation in violation of this Section 11.7 will be null and void. Subject to this Section 11.7, this Agreement will bind and insure to the benefit of each party’s respective permitted successors and permitted assigns.

12.8 Waiver. Any waiver of the provisions of this Agreement or of a party’s rights or remedies under this Agreement must be in writing provided in accordance with Section 11.6 to be effective. Failure, neglect, or delay by a party to enforce the provisions of this Agreement or its rights or remedies at any time will not be construed as a waiver of the party’s rights under this Agreement and will not in any way affect the validity of the whole or any part of this Agreement or prejudice the party’s right to take subsequent action. Exercise or enforcement by either party of any right or remedy under this Agreement will not preclude the enforcement by the party of any other right or remedy under this Agreement or that the party is entitled by law to enforce.

12.9 Severability. If any term, condition, or provision in this Agreement is found to be invalid, unlawful, or unenforceable to any extent, the parties will endeavor in good faith to agree to amendments that will preserve, as far as possible, the intentions expressed in this Agreement. If the parties fail to agree on an amendment, the invalid term, condition, or provision will be severed from the remaining terms, conditions, and provisions of this Agreement, which will continue to be valid and enforceable to the fullest extent permitted by law, and the tribunal will preserve, as far as possible, the original intention of the parties with respect to the severed term, condition, or provision.

12.10 Remedies Cumulative. No single or partial exercise of any right or remedy will preclude any other or further exercise of any other right or remedy. Rights and remedies provided in this Agreement are cumulative and not exclusive of any right or remedy provided at law or in equity.

12.11 Confidentiality of Agreement. Affiliate will not disclose any terms of this Agreement to any third party without Mytrademartstore’s prior written consent, except as required by applicable law.

12.12 Counterparts. This Agreement may be executed in counterparts, each of which will be deemed to be an original and together will constitute one and the same agreement.

12.13 Language. If this Agreement is executed in more than one language, then only the English version is binding on the parties.

12.14 Headings. Headings are used in this Agreement for reference only and will not be considered when interpreting this Agreement.

12.15 Integration. These Terms and Conditions constitute the entire agreement of the parties with respect to the subject matter of this Agreement and supersede all previous communications, representations, understandings, and agreements, either oral or written, between the parties with respect to that subject matter. No terms, provisions, or conditions of any purchase order, acknowledgement, or other business form that either party may use in connection with the transactions contemplated by this Agreement will have any effect on the rights, duties, or obligations of the parties under, or otherwise modify, this Agreement, regardless of any failure of a receiving party to object to these terms, provisions, or conditions.