Distributor and Creative are independent contractors and neither shall represent itself as having any power to bind the other or to assume or to create any obligation or responsibility, express or implied, on behalf of the other party to this Agreement. Nothing contained in this Agreement shall be deemed to establish a relationship of principal and agent between Creative and Distributor, or with any of their agents or employees, for any purpose whatsoever. This Agreement shall not be construed as constituting Distributor and Creative as partners, or to create any other form of legal association or arrangement which would impose liability upon one party for the act or failure to act of any other party.