By accessing the website at wpsites.site (herein referred to as “wpSites”, “wpsites”, ” or ‘sites’), you (Primary Account Holder) are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
2. User License
- Permission is granted to sign up for one account on wpSites (a Kayak Creative Services Inc. service) for personal or commercial use. This is the grant of a license, not a transfer of title, and under this license, you may not:
- copy the theme or site or portions thereof;
- attempt to decompile or reverse engineer any software contained therein;
- remove any copyright or other proprietary notations from the materials; or
- transfer the materials to another person or “mirror” the materials on any other server, or
- create multiple accounts without our express approval via our partner program, or
- upload or display of spammy, crude, inflammatory, or pornographic material, which is strictly prohibited.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Kayak Creative Services Inc. or wpSites.site support staff at any time without notice or compensation. Upon the termination of this license, you must destroy any materials in your possession whether in electronic or printed format.
- We reserve the right to put any account or site into review for possible suspension or termination should issues arise, until issues are addressed, or an account is terminated for misuse. wpSites has a Zero Tolerance Policy for bad behaviour: First instance: suspension of support services for thirty (30) days. Second instance: reduced functionality or suspension of account for seven (7) days. Third instance: twenty-four 24 hours notice of account termination and deletion without refund.
- User email accounts are automatically subscribed to our communications and alerts which may include account or platform notices, offers, announcements, and tips (never spam) of value to our users. Should you unsubscribe from our communications, we reserve the right to put the account or site into review for possible suspension or termination until such subscription is renewed. Low engagement Users may not receive important account or platform updates.
- The Primary Account Holder is responsible to Sign Up, agree to our Terms, and pay the subscription or other fees for any services requested. The Primary Account Holder may add new users at any time, and accept full responsibility for their actions within the platform and site(s). All Users are subject to the terms of service.
- wpsites Support account to remain in all Sites. Administration accounts are used by/for support and may not be removed or modified.
- Requested User names may be between 5-12 characters and may only contain letters and numbers. User names cannot be changed once set. Our platform sets the Username and Account name automatically. You may not get the username you request. Should you have a custom domain, you may add/change it for a nominal fee. If your desired/requested site name or user name is in conflict or prohibited, support will issue an alternative site name or user name based on either your organization or the primary account user’s name. Unsavoury, popular, or occupational references are prohibited in user names and site names (i.e. ads, seo, marketing, facebook, msn, religious, law, porn, wix, gov… etc).
- Passwords must be at least 12 characters and may contain letters, numbers, and symbols. Users may reset their passwords at any time. Passwords may not be shared with another party.^ Support may force a password reset should we suspect it has been compromized or not secure enough.
- The materials on the service are provided on an ‘as is’ basis. Kayak Creative Services Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
- Further, Kayak Creative Services Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.
- User-Generated Content (UGC) and content displayed on User sites is the responsibility of the Primary Account Holder. All Users and Primary Account Holders are responsible for complying with all copyright laws and these terms of service. Takedown requests from legitimate copyright holders are taken seriously.
In no event shall Kayak Creative Services Inc. (wpSites), its partners, users, or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on the service, even if Kayak Creative Services Inc. or an authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
5. Accuracy of materials
The materials appearing herein could include technical, typographical, or photographic errors. Kayak Creative Services Inc. does not warrant that any of the materials on its website are accurate, complete or current. Kayak Creative Services Inc. may make changes to the materials contained on its website at any time without notice. However, Kayak Creative Services Inc. does not make any commitment to update the materials.
Kayak Creative Services Inc. has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Kayak Creative Services Inc. of the site. Use of any such linked website is at the user’s own risk.
Kayak Creative Services Inc. may revise these terms of service for its website at any time without notice. By using this website you are agreeing to be bound by the then current version of these terms of service.
8. Governing Law
These terms and conditions are governed by and construed in accordance with the laws of Alberta, Canada, and you irrevocably submit to the exclusive jurisdiction of the courts in that Province or location.
Your privacy is important to us. It is Kayak Creative Services Inc.’s policy to respect your privacy regarding any information we may collect from you across our website, and other sites we own and operate.
We only ask for personal information when we truly need it to provide a service to you. We collect it by fair and lawful means, with your knowledge and consent. We also let you know why we’re collecting it and how it will be used.
We only retain collected information for as long as necessary to provide you with your requested service. What data we store, we’ll protect within commercially acceptable means to prevent loss and theft, as well as unauthorized access, disclosure, copying, use or modification.
We don’t share any personally identifying information publicly or with third parties, except when required to by law.
Our website may link to external sites that are not operated by us. Please be aware that we have no control over the content and practices of these sites, and cannot accept responsibility or liability.
You are free to refuse our request for your personal information, with the understanding that we may be unable to provide you with some or all of your desired services.
Your continued use of our website will be regarded as an acceptance of our practices around privacy and personal information. If you have any questions about how we handle user data and personal information, feel free to contact us or visit the Kayak privacy page for details.
You have the right to be removed from our system upon formal written request (email email@example.com).
This policy is effective as of 13 SEPT 2021.
Data Protection Measures at the Server
- SQL injection protection.
- Cross-site scripting protection.
- Remote and local file injection/inclusion attack protection.
- Command injection protection.
- Denial of Service protection.
- Real-time blacklists.
- Advanced anti-evasion protection (prevents someone from trying to bypass the WAF).
- Threat Intelligence protection (this is based on real-time attack intelligence reported by other customers, which is then made available in real-time to everyone using the complete rules. This means if customer A is attacked by a system, everyone blocks that attacker in real-time.)
- Automatic secure whitelisting of search engines (no false positives with search engines, they are automatically detected and whitelisted in a way that prevents spoofing. This ensures that sites page rank is also protected.)
- Malicious bot protection.
- Automatic removal of malicious code from websites (if a website is compromised, the complete rules will remove the malicious code from the website in real-time, without touching any code on the system. This ensures that there is no risk to the customer websites, and also removes anything malicious from them. This means you can use the rules on a system that’s already been compromised, and eliminate the effects of the web applications compromise without having to do anything other than install the rules.)
- Advanced protection rules for SQL injection, XSS, CSRF, RFI, LFI.
- Advanced protection for WordPress and other popular web applications.
- Brute force protection (detects and blocks web authentication brute force attacks, without relying on either status codes or logs).
- Anti-spam protection (blocks web spam).
- All Virtual Patches for Zero-Day vulnerabilities (Refer to this article for an explanation of what is a virtual patch).
- Data loss protection rules (protection from credit card theft, sensitive data, error messages that show sensitive data).
- PCI-DSS compliance (meets PCI-DSS WAF compliance requirements).
- Domain source blocking (you can block a source by the domain name or FQDN that resolves from its IP address.)
- Malware protection.
- Web shell protection (Detects and blocks web shells and other malicious code from running.)
- Whitelisting and blacklisting.
- Advanced false positive prevention (complete rules contain additional advanced code to prevent false positives.)
- Real-time support (false positives are resolved within minutes or hours, although they are very rare with the complete rules.)
- Updates multiple times daily.
HubSpot Portals and Partner Employee User Accounts
HubSpot’s official WordPress plugin allows you to add forms, popups, and live chat to your website and integrate with the leading CRM. It is installed and active as part of our core setup.
Our support team can create a new HubSpot account for you via our Certified HubSpot Partner authorization, or you may create/connect your own portal.
- Should we create a HubSpot account for you, our founder or one of our employees is added to your HubSpot account and identified as a “Partner Employee”. Partner employees are assigned admin-level access by HubSpot. All account details are visible to partner employees, with the exception of contract/billing details. Only you can see that information.
- As a Partner Employee of a Certified HubSpot Partner Agency, our team manage countless HubSpot accounts ranging from Free to Enterprise-level subscriptions, under their authorization as a Certified HubSpot Partner Agency. The agreement we hold with HubSpot includes a client confidentiality clause, advanced training on the implementation of all levels of HubSpot Software, and much more that is benefitial to you.
- It is advisable to keep Partner Employees in your HubSpot account (portal) in perpetuity to retain access to priority support for your HubSpot account.
- If you have an account already, connect it. Once connected, a HubSpot Block is added to the blocks list. We recommend you add our team member as a HubSpot Partner Employee to your account by “Inviting” the new user.
Our HubSpot policy is effective as of 13 SEPT 2021
SiteShop Online Store
SiteShop Terms and Conditions
CONDITIONS OF USE
Welcome to our online store! Kayak Marketing & wpSites and its associates provide their services to you subject to the following conditions. If you visit or shop within this website, you accept these conditions. Please read them fully.
Please review our Privacy Notice (above), which also governs your visit to our website, to understand our practices.
When you visit Kayak Marketing & wpSites or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Kayak Marketing & wpSites or its content suppliers and protected by international copyright laws. The compilation of all content on this site is the exclusive property of Kayak Marketing & wpSites, with copyright authorship for this collection by Kayak Marketing & wpSites, and protected by international copyright laws.
YOUR SITESHOP MEMBERSHIP ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use our website only with the involvement of a parent or guardian. Kayak Marketing & wpSites and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at their sole discretion.
Start with your desired plan based on the number of products, and payment term. Upgrade/Downgrade your plan at the end of a paid term. Upon Upgrade/Downgrade, your current plan is canceled without a refund for any unused portion. Your new Subscription and corresponding features are adjusted immediately upon Upgrade/Downgrade action.
RISK OF LOSS
All items purchased from Kayak Marketing & wpSites are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Kayak Marketing & wpSites and its associates attempt to be as accurate as possible. However, Kayak Marketing & wpSites does not warrant the product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Kayak Marketing & wpSites itself is not as described, your sole remedy is to return it in unused condition.
Kayak Marketing & wpSites MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, Kayak Marketing & wpSites DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Kayak Marketing & wpSites DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM Kayak Marketing & wpSites ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Kayak Marketing & wpSites WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our Shipping and Returns policy, posted on this site. These policies also govern your visit to Kayak Marketing & wpSites. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
SiteShop is a branded white-label service provided by Ecwid, trusted with more than 1 million stores worldwide.
Effective Date: March 4th, 2020
Primary Website: https://wpsites.site
THE AGREEMENT: This Affiliate Agreement (hereinafter called the “Agreement”) is provided by the following organization, hereinafter referred to as “Company”: Kayak Creative Services Inc. (Kayak Marketing | wpSites | SiteShop | SEOAudits). Our primary website is located at the address listed above. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer’s assistance if you desire because each of the terms of this Agreement is important to our working relationship.
The parties referred to in this Agreement shall be defined as follows:
a) Company, Us, We: As we describe above, we’ll be referred to as the Company. Us, we, our, ours, and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
b) You, the Affiliate: You will be referred to as the “Affiliate, Associate, Partner.” You’ll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as “Parties” or individually as “Party.”
d) Affiliate Program: The program we’ve set up for our affiliates as described in this Agreement.
e) Affiliate Application: The fully completed form must be provided to us for consideration of your inclusion in the Affiliate Program.
f) Website: The primary website we’ve noted above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.
3a) AGE RESTRICTION
You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.
3b) LINK SCHEME RESTRICTION
You represent and warrant that you are not participating in couponing or other link scheme service.
4) PROGRAM SIGN-UP
In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website: https://wpsites.com/affiliate-area/.
Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Terms of Service.
If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement applies to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.
This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.
6) AFFILIATE PROGRAM
After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).
Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.
We will provide you with a specific link or links which correspond to certain products we are offering for sale (collectively, the “Link”). The Link will be keyed to your identity and will send online users to the Company’s website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific link or links and will notify you if we do so. You agree to only use links that are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the “Affiliate Site”).
Each time a user clicks through the Link posted on the Affiliate Site and completes the sale of the product or service and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following percentage of the sale: 10% as an Affiliate Partner, or 20% as a Sales Partner, depending on the assigned level of partner program assigned.
7) SPECIFIC TERMS APPLICABLE
We will determine whether the payout is permissible in our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement.
Processing and fulfillment of orders is our responsibility. We will provide real-time data regarding your account with us through the partner portal on which you log into the website.
As described above, in order to be eligible for payout, user purchases must be “Qualified Purchases.”
a) Must not be referred by any other partner or affiliate links or Direct Link of the Company (in other words, Qualified Purchases are only available through your specific Affiliate Link or Direct Link;
b) May not be purchased by an already-existing partner or affiliate of the Company;
c) May not be purchased prior to the Affiliate joining the Affiliate Program;
d) May only be purchased through a properly-tracking Affiliate Link or Direct Link within 180 days;
e) May not be purchased by a customer in violation of any of our legal terms or Terms of Service;
f) May not be fraudulent in any way, in the Company’s sole and exclusive discretion;
g) May not have been induced by the Affiliate offering the customer any coupons or discounts;
h) May only be credited to the initial affiliate who referred the customer;
i) May not be related to a promotion conducted by the Company;
8) PAYOUT INFORMATION
Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment.
Currently, the Company employs the following methods of payout:
AffiliateWP Payouts Service: Sandhills Development
For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.
Payouts will be available the month or period after they accrue. For example, if payouts are made every 30 days, an entire 30 day period must finish for the payout of that period to be available in the following period.
We explicitly reserve the right to change payout information at our sole and exclusive discretion. If we do so, you will be notified.
Payouts are also subject to the following restriction:
a) Payouts are only available after having been fully paid and with us at least the following amount of time: four (4) weeks.
For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.
You may log into your account with us to review reports related to your affiliation, such as payout reports and Qualified Click and/or Purchase information. Please be advised, however, that not all listed qualifying clicks and/or purchases have been fully reviewed for accuracy in the reports viewable by you in real-time and therefore may be subject to change prior to payout.
10) TERM, TERMINATION & SUSPENSION
The term of this Agreement begins when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.
You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.
If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
11) INTELLECTUAL PROPERTY
You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company (“Company IP”).
Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.
Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any meta-tags or code, or in any way that is likely to cause consumer confusion.
Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in court. You may be obligated to pay monetary damages or legal fees and costs.
You hereby provide us a non-exclusive license to use your name, trademarks, and service-marks if applicable, and other business intellectual property to advertise our Affiliate Program.
12) MODIFICATION & VARIATION
The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don’t agree to the update or replacement, you can choose to terminate this Agreement as described below.
a) To the extent any part or subpart of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your browser cache when doing so to avoid accessing a prior version of this Agreement.
13) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall be construed to form any legal partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.
14) ACCEPTABLE USE
You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.
You further agree not to use the Affiliate Program:
- I) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
- II) To violate any intellectual property rights of the Company or any third party;
- III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
- IV) To perpetrate any fraud;
- V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
- VI) To publish or distribute any obscene or defamatory material;
- VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;
- VIII) To unlawfully gather information about others.
- IX) To request domain attribution registration for a site other than your own;
- X) To set a link or links for SEO purposes;
- XI) To connect to a couponing or other link scheme type website or service.
15) AFFILIATE OBLIGATIONS & COMPLIANCE
You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.
We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Consumer Protection Act Canada, as well as provincial or local governments as mandated. Consumer Protection Canada recommends that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.
We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words like the example given below, but should be similar:
- We engage in affiliate marketing whereby we receive funds through clicks to our affiliate program through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the Canadian rules on marketing and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in Canada, the United States, or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.
If we find you are not in compliance with any of the requirements of this subpart, we may terminate our relationship with you at our sole and exclusive discretion.
16) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.
17) DATA LOSS
The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.
You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense if the Company wishes.
19) SPAM POLICY
You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
20) ENTIRE AGREEMENT
This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.
21) SERVICE INTERRUPTIONS
The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.
22) NO WARRANTIES
You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an “As Is” basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.
23) LIMITATION ON LIABILITY
The Company is not liable for any damages that may occur to you as a result of your participation in the Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
24) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that the Province of Alberta shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the province and federal courts of the following location: Calgary, Canada. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Canada. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Alberta. Each Party shall pay its own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes, or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such conditions, the remainder of this Agreement shall continue in full force.
F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including email or fax. For any questions or concerns, please email us at the following address: firstname.lastname@example.org
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