12.1. Governing Law: These Affiliate Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
12.2. Jurisdiction: Any legal action or proceeding arising out of or relating to these Affiliate Terms shall be instituted in the state or federal courts located in Delaware, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
12.3. Arbitration: Notwithstanding the foregoing, any controversy or claim arising out of or relating to these Affiliate Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Seattle, Washington.
12.4. Class Action Waiver: The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
12.5. Exceptions to Arbitration: Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court's jurisdiction.
12.6. Right to Injunctive Relief: Nothing in this section shall be deemed as preventing either party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of that party's data security, intellectual property rights, or other proprietary rights.