This Affiliate Program Operating Agreement the “Agreement” is made and entered into by and among 1 Tamtech PTE Limited CPA Network “we” or “Company” or “Us”, operator of TopOffers and 2 you, “you” or “Affiliate” the person or party filing an application to enroll in TopOffers. The terms and conditions contained in this Agreement apply to your participation in the Affiliate Programs offered via TopOffers and your use of TopOffers. Each Affiliate Program is operated by a third party Partner, and links may be provided to specific internet sites of that Partner and their respective Affiliate Program on offer to you via TopOffers, together with extra terms and policies of such Partners which are expressly included herein. By submitting an application to enroll in TopOffers and/or gaining access to/using TopOffers, you expressly consent to all of the terms and prerequisites of this Agreement. a You have sole accountability for the construction, operation, and maintenance of, and all content on or linked to, your Media.
You warrant that each one materials posted for your Media or differently used in connection with any Affiliate Program i aren’t unlawful, ii do not infringe upon the intellectual belongings or personal rights of any third party and iii do not comprise or link to any material that is dangerous, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination no matter if based on sex, faith, race, ethnicity, nationality, disability or age, promotes unlawful actions similar to playing, contains profanity or in a different way contains parts that we or any Partner acting via us or at once informs you that it considers to be unacceptable, or harmful to the popularity of us, or any Partner acting in our sole discretion collectively, “Prohibited Content”. c You understand and accept that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or a part of the Affiliate Programs and/or TopOffers, feasible legal action and every other rights or cures accessible to us or Partners pursuant to this Agreement or in a different way. You warrant that you will not mail or market to any suppression files generated through TopOffers, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Programs and/or TopOffers, possible legal action and some other rights or remedies accessible to us or Partners pursuant to this Agreement or another way. a No Links can seem like associated with or be positioned on chat rooms or bulletin boards unless differently expressly agreed by Product owners through TopOffers. No chat site visitors advertisements should be utilized by you in the course of the campaigns.
Any pop ups/pop unders used for the Affiliate Program shall be evidently identified as Affiliate served in the title bar of the window and any client side ad serving software used by You shall only have been installed on an end user’s computer if the characteristic of the software is clearly disclosed to end users prior to installing, the installation is pursuant to an affirmatively accepted and plain English end user license agreement and the software be easily got rid of in accordance with commonly accepted strategies. For all Affiliate’s that hold their very own associate networks, You agree to place the Links in its affiliate community the “Network” for access and use by those associates in Affiliate’s Network each a “Third Party Affiliate”. You agree that it’ll expressly forbid any Third Party Affiliate to change the Links by any means. You agree to hold its Network in accordance with the maximum industry standards. You shall not permit any party to be a Third Party You whose website or company model involves content material containing Prohibited Content. All Third Party Affiliates has to be in good standing with You.
You must require and make sure that every one Third Party Affiliates affirmatively accept, via verifiable means, this Agreement previous to acquiring access to the Links. You shall promptly terminate any Third Party Affiliate who takes, or could rather be expected to take, any action that violates the terms and prerequisites of this Agreement. In the development that either party suspects any wrongdoing by a Third Party Affiliate with recognize to the Links, You shall swiftly divulge to TopOffers the identity and call counsel for such Third Party Affiliate. Affiliate shall in a timely fashion remove any Third Party Affiliate from the Affiliate Program and terminate their access to future offers operated by TopOffers in the Network upon written notice from TopOffers. Unless TopOffers has been provided with all fair and comprehensive touch advice for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by TopOffers, You shall remain chargeable for all acts or omissions of any Third Party Affiliate. Except as another way supplied during this Agreement or with Our consent, you agree that all suggestions, including, with out challenge, the terms of this Agreement, business and financial tips, buyer and vendor lists, and pricing and sales tips, regarding us or any of our affiliates offered by or on behalf of any of them shall remain strictly private and secret and shall not be utilized, without delay or not directly, by you for any purpose aside from your participation in the Affiliate Program, except and solely to the extent that one of these assistance is generally known or accessible to the general public through a source other than you.
You shall not use any information acquired from the Affiliate Program to develop, enhance or function a provider that competes with the Affiliate Program, or assist an alternative party to do an identical. You are expressly prohibited from using any individuals, means, units or preparations to commit fraud, violate any applicable law, intervene with other associates or falsify assistance in connection with referrals through the Links or the era of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are certainly not restricted to, using automatic means to augment the number of clicks by way of the Links or of entirety of any required suggestions, using adware, using stealware, cookie stuffing and other deceptive acts or click fraud. Company expressly prohibits using any hosting proxy/VPN or every other unacceptable tools and methods by you or a third party associated with you without delay or indirectly and reserves the correct to immediately decline and not to pay for all and any leads generated via hosting proxy/VPN or some other unacceptable tools and methods used by you or third parties related to you at once or indirectly. TopOffers shall make all determinations about fraudulent exercise in its sole discretion. Affiliate will not fraudulently add leads or clicks or inflate leads or clicks by fraudulentscams traffic generation.
Company has a right to say no and never to pay for leads generated via internet hosting proxy / VPN and other unacceptable tools and strategies, detected by TopOffers Internal Antifraud System. Any fraud, tried or actual, shall be immediate grounds for us to terminate your account and withhold any and all sums magnificent to you. O1 Affiliate hereby agrees to indemnify, defend and hold harmless TopOffers and Program Web Sites owners/operators and their respective subsidiaries, affiliates, partners and licensors, directors, officials, personnel, owners and agents in opposition t any and all claims, actions, calls for, liabilities, losses, damages, judgments, settlements, costs, and bills adding cheap legal professionals’ fees and fees based on i any failure or breach of this Agreement, adding any illustration, warranty, covenant, restrict or duty made by Affiliate herein, ii any misuse by Affiliate, or by a party under the low-priced handle of Affiliate or acquiring access by way of Affiliate, or the Links, or TopOffers or Partners’ intellectual assets, or iii any claim associated with your Media, adding but not restricted to, the content material contained on such Media aside from the Links. TOPOFFERS SERVICE, EACH AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, TOPOFFERS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TOPOFFERS DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR FREE OR UNINTERRUPTED.
TOPOFFERS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. TOPOFFERS DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS. IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR REASONABLE DIRECT CONTROL. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY US TO YOU IN COMMISSIONS DURING THE SIX 6 MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.