The terms of the True Classic Affiliate Marketing Program shall be governed by the substantive law of California.
If the Parties disagree as to any matter arising out of or relating to this Agreement or the transactions contemplated by this Agreement, including termination issues, the Parties will promptly consult with one another in an effort to resolve the disagreement. If such effort is unsuccessful, any dispute, controversy or claim arising out of or relating to this Agreement, or the breach of this Agreement, will be settled exclusively by arbitration in Los Angeles, California, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Judgment upon the arbitration award shall be entered in a court of competent jurisdiction in Los Angeles, California. The arbitrator(s) will have the power to render equitable, as well as other, awards and relief.
The Parties undertake and agree that all arbitral proceedings conducted with reference to this arbitration clause will be kept strictly confidential. This confidentiality undertaking shall cover all information disclosed in the course of such arbitral proceedings, as well as any decision or award that is made or declared during the proceedings. Information covered by this confidentiality undertaking may not be disclosed to a third party without the prior consent by the other Party. Exceptions to the foregoing shall only apply to the extent that disclosure may be required of a Party due to mandatory law, an order of a competent court or public authority, or to protect, fulfil or pursue a legitimate legal right or obligation.