Terms and Conditions
Version: 1.0 - Sept 27th, 2022
PLEASE READ THE FOLLOWING AGREEMENT (TERMS & CONDITIONS) CAREFULLY. By subscribing to these services, the Client hereby agree and adhere to the terms and conditions and be bound by THE TERMS AND CONDITIONS. You further agree and accept that the Company assumes no responsibility for the nature or content of anything contained on the Web site, chatbot, app, or any other service provided and disclaims all liability in respect of such nature or content. Use of this site is strictly subject to the Terms and Conditions.
If the Client do not agree to these terms, please do not subscribe to the Company services.
1. THE SERVICES
The company offers an online platform for digital marketing campaigns that include a website building tool to create mobile websites, hosting services, e-commerce and m-commerce solutions, chatbots, Facebook apps and all the other services to which each client has access to ("The Services"). For using or subscribing to these Services, the user/client has to enter into a legal agreement with the Company.
The Client has to be a legal entity or a natural person or an organizational unit without legal personality, with the capacity to acquire rights and incur obligations. The User must be eighteen or over or represented by someone eighteen or over to subscribe to the Services. Subscription in the Services is void where prohibited. By using the Site, the Client represent and warrant that the Client have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
3. ACCEPTANCE OF TERMS
The Services are provided by the Company, which provides its services to the USER, subject to the following Terms and Conditions.
4. DESCRIPTION OF SERVICES
Company will provide Client with the Services ordered during the sign up process. The Company strives for 99.9% uptime, so that Customers can create & edit anytime their digital marketing campaigns. However, the service may be unavailable for short periods of time due to maintenance and upgrading. While the Services are unavailable, Customers will not be able to use it to create or edit their sites and campaigns. In order to access certain services, the Client may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of the Services. If the Company believes that the details are not correct, current, or complete, or otherwise in its discretion believes such action would be appropriate (including where it suspects the registration of multiple accounts/user profiles by the same individual), it has the right to refuse user's access to the site, and/or any of its resources, Services and Site content, and to terminate or suspend user's account (if any). The client is responsible for maintaining the confidentiality of their account password and is responsible for all activities that occur under their account. The client agrees to immediately notify the Company of any unauthorized use of his password or account or any other breach of security. The Company cannot and will not be liable for any loss or damage arising from client's failure to provide it with accurate information or to keep the password secure.
5. SUBSCRIPTION, PRICING AND PAYMENT
At the time of initial registration, the Client will select one of the available plans to which the Client wish to subscribe. All subscriptions to Services are subject to acceptance by the Company. The Client subscription to the Services will be deemed accepted by the Company when the Company delivers a confirmation of the subscription to the Client. The Company reserves the right to refuse to provide any Service for any reason. The pricing for all Services ("Fees") shall be the Company' then current pricing for such Services. After the Company' acceptance of the Client subscription to the Services, the Company will electronically deliver to the Client a schedule of the Fees. The payments will be made to the Company through Paypal or online credit card or pursuant any other methods set forth by the Company. In the event of a charge back by a credit card company (or similar action by another payment provider) or other non-payment by the Client in connection with the Client payment of the applicable service or subscription fee, the Client acknowledge and agree that the Service for which such fee has not been paid may be suspended, canceled or terminated, in the Company's sole discretion. All fees are non-refundable, in whole or in part, even if the Client service is suspended, cancelled or transferred prior to the end of the then-current service term. Anyhow the client is not obligated to pay any fees during the trial or free period as and when it is made available to the clients by the company. The agreement prohibits the Client from using the website once the Client unsubscribe from the service. NO REFUNDS. CANCELLATION MUST GIVE 30 DAYS WRITTEN CANCELLATION NOTICE TO AVOID FURTHER CHARGES.
6. RIGHTS TO THE WEB SITE AND CONTENT
The Client understands and agrees that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. The Company reserves the right, but shall have no obligation, to pre-screen, refuse or move any Content available via the Services. The Client agrees that the Client are responsible for the Client own conduct and any Content that the Client create, transmit or display while using the Services and for any consequences thereof. The Client agrees to use the Services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines or law in force and not use any pirated content. The Client agrees that the Client will not engage in any activity that interferes with or disrupts the Services or servers or networks connected to the Services. The Company claims no ownership or control over any Content submitted, posted or displayed by the Client on or through the Services and shall not be liable for the same. The client or a third party licensor, as appropriate, retains all patent, trademark and copyright to any Content the Client submit, post or display on or through the Services and the Client are responsible for protecting those rights, as appropriate.
7. THE CLIENT FURTHER AGREES THAT:
- He shall not upload, post, publish, distribute, disseminate or otherwise transmit any content that amounts to abuse, threat or defamation or harassment or involvement in a conduct that may directly or indirectly violate the rights of others, or otherwise unlawful, harmful or invasive of the privacy of others.
- He shall not upload, post, publish, distribute, disseminate or otherwise transmit anything that contains harmful, hateful, unlawful, defamatory, abusive or obscene, pornographic, profane, sexist, homophobic, defamatory, deceptive, vulgar, obscene or offensive content - ethnic, racist or religious slurs or derogatory epithets - advocation of violence, hate or unlawful activity - depictions of child abuse, child pornography or sexually suggestive poses, terror, racial, ethnical or political derogatory or otherwise objectionable material or content or information
- He shall not upload, post, publish, distribute or otherwise transmit any content that the Client do not have a right to transmit under any law or under contractual or fiduciary relationships.
- He shall not upload, post, publish or otherwise transmit or submit anything to the site that will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right.
- He shall not upload, post or otherwise transmit any content that offers any pirated computer programs or links to such programs.
- He shall not use the website in any manner or form that could possibly damage, impair or interfere with or disrupt the Company or servers or networks connected to the the Company including transmitting any material that contains viruses or other computer programming routines that are intended to damage, detrimentally interfere or intercept with any system, data or personal information, or attempting to gain unauthorised access to the Company, other's accounts on the Company through any means;
- He shall not upload, post or otherwise transmit computer programs, files or other materials that contain destructive or disruptive features such as viruses, corrupted files, 'hidden' files or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or online communication generally.
- He shall not use the website in any manner or form with the purpose of or motive to sell, distribute or promote firearms, weapons or controlled substances, make-money-fast schemes, pyramid or chain letters, fraudulent or otherwise criminal offers - to register another email address other than the Client own - to distort auctions or other markets (including public quoted securities markets) - to threaten or harass others or to disrupt discussions or impersonate any person or entity or create or falsify the identity of any person or otherwise misrepresent the Client association or affiliations with a person or entity, for the purpose of misleading others.
- He shall not solicit in any form any information or personal information from anyone under the age of eighteen (18) years for commercial, unlawful or any illegal purposes or harm minors in any manner
- He shall not intentionally or unintentionally violate any applicable local, state, national or international law, or regulation, legislations relating to Intellectual property rights, or those governing export control, unfair competition, discrimination or false advertising or any amendments or replacements of such laws or regulations.
- He shall not engage in commercial activities that are deemed inappropriate by the Company. As such the Company has the right to remove or bar content/links/sponsorships/affiliate programs etc that they feel fall into this category.
- Shall not use our platform to promote on Jvzoo, warrior plus, clickbank or any other affiliate venue personal or otherwise.
8. NO RESPONSIBILITY
In addition, the Company in no way endorses or takes responsibility for any goods, services etc that are posted within sites. Any transactions therefore are strictly outside the remit of the Company. The Client agrees and acknowledge that the company takes no liability in respect of any content uploaded, posted, published or otherwise transmitted by the users.
You acknowledge that the Company does not pre-screen content, but that it has the right (but not the obligation) in its sole discretion to refuse or move any content that is available via the Company. Without limiting the foregoing, the Company shall have the right to remove any content that violates the TERMS & CONDITIONS or which is otherwise in its opinion, objectionable.
The Internet is a complex world-wide network consisting of tens of thousands of connecting points and networks and possibilities for outages both in and beyond our control can occur. The Company will not be held liable for network outages nor damages resulting from network outages.
11. LAW ENFORCEMENT COOPERATION
11. The Company retains the right (but is under no obligation) to co-operate with any law enforcement authorities or in response to court and other official requests directing it to disclose the identity of any user or user content.
12. LIMITED LICENSE TO THE BACKGROUND TECHNOLOGY
"Background Technology" means computer programming & formatting code or operating instructions developed by or for the Services and used to maintain the platform. Background Technology does not include any Client Content or any derivatives, improvements, or modifications of Client Content. Client may not duplicate or distribute any Background Technology to any third party without the prior written consent ofthe Company. All rights to the Background Technology not expressly granted to Client hereunder are retained by the Company.
Company agrees to provide reasonable technical support to Client during the Company's normal technical support hours. The Company additionally agrees to provide Client service support in the form of online help desk or e-mail during the Company' normal Client support hours.
14. RESOURCE USAGE
The Company agrees to make every commercially reasonable effort to provide resources necessary to build and host as many digital marketing tools on its servers, providing CPU time, bandwidth and disk space that fits this requirement. However, in order to prevent uncontrolled growth in resource usage that could harm the availability of the service itself, the Company does place automated safeguards to protect against any one tool growing too quickly and adversely impacting the whole system until the Company can evaluate said tools resource needs. Moreover, the Company reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other sites or the whole system itself.
15. TERM AND TERMINATION
(a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b)the Company may terminate this Agreement after seven (7) days' notice to Client if Client materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such seven (7) day period; and (c) upon the termination of this Agreement, Client will pay the Company for all Services provided to Client by the Company prior to termination
16. NO RESALE OF SERVICE
The Client agrees not to transmit, distribute, disseminate, upload, post, submit, share, store, reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services without the written permission of the service providers.
17. PROPRIETARY TOOL LIMITATIONS
The Services are offered through the proprietary tool and processes. Client agrees to work within the limitations of the proprietary tools used and the decision ofthe Company is final in any issue that might arise due to this.
18. DISCLAIMER AND WARRANTIES
Company warrants that the Company will perform the services in material conformity to the specifications contemplated hereunder in a professional and workmanlike manner. The warranties and representations hereunder will not extend or apply to any online tool modified by any party other than through the Services'. "Error" means any reproducible error, problem, or defect resulting from an incorrect functioning of the Background Technology that materially affects the functionality of the Web site. Except as expressly provided in this Agreement, the Services, web sites and all other digital tools are provided "as is," and the Company expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, noninfringement, merchantability, and fitness for a particular purpose. The Client hereby acknowledges and agrees that the Company will not be liable for any temporary delay, outages or interruptions of the Services.
The Client agrees to hold harmless and indemnify the Company, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to the Client use of the Services, violation of this Terms of Service or any other actions connected with use of the Services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case,the Company will provide the Client with written notice of such claim, suit or action.
20. LIMITATION OF LIABILITY
Company's liability hereunder shall not exceed the amount paid by client to company during the three (3) month period before the action arose. The Company shall not be liable for (a) any loss of use, loss of data, or interruption of business or (b) any indirect, special, incidental, consequential, or punitive damages of any kind (including, without limitation, lost profits), regardless of the form or action, whether in contract, tort (including negligence), strict liability, or otherwise, even if the Company has been advised of the possibility of such damages. The client acknowledges that these limitations are an essential element of this agreement, and absent such limitations, the Company would not enter into this agreement.
The Client agrees that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
22. LEGAL COMPLIANCE
As a user the Client shall at all times comply with all applicable domestic or international laws, statutes, ordinances, regulations, contracts and applicable licenses regarding the use of the the Company's services
23. GOVERNING LAW AND JURISDICTION
This Agreement will be governed by and construed in accordance with the laws of the country, state or province where the Company legal headquarters are located or incorporation has taken place.
24. SEVERABILITY AND AMENDMENT
This Agreement may not be modified or amended except in writing, signed by both parties. Any purported oral modification or amendment of this Agreement in derogation of the foregoing shall be without any effect. Neither party may waive any right hereunder except expressly and in writing.
24A. Affiliate disclaimer
DCAMP Inc/MobiFirst and sub accounts/platforms Affiliate Program Terms & Conditions
Last Updated: September 21, 2022
THESE TERMS & CONDITIONS FORM A BINDING AGREEMENT; PLEASE REVIEW THEM CAREFULLY
THESE AFFILIATION PROGRAM TERMS AND CONDITIONS (the "Agreement") set forth the terms of participation in the Affiliation Program of DCAMP INC/ Also known as MobiFIrst and its sub names principal offices located at Avondale Arizona, 85323 (together with its affiliated companies - " DCAMP Inc/MobiFirst and sub accounts/platforms the "Company"). A participant in the DCAMP Inc/MobiFirst and sub accounts/platforms Affiliation Program is hereinafter referred to as "Affiliate" or "you".
THIS AGREEMENT CONTAINS THE TERMS AND CONDITIONS THAT APPLY TO AFFILIATE’S PARTICIPATION IN THE DCAMP INC/MOBIFIRST AND SUB ACCOUNTS/PLATFORMS AFFILIATION PROGRAM (THE "PROGRAM" OR "AFFILIATION PROGRAM"). CAREFULLY READ THESE TERMS AND CONDITIONS, WHICH REPRESENT A LEGALLY BINDING AGREEMENT BETWEEN DCAMP INC/MOBIFIRST AND SUB ACCOUNTS/PLATFORMS AND YOU. YOU MUST AGREE AND ACCEPT THE TERMS OF THIS AGREEMENT IN ORDER TO BECOME A DCAMP INC/MOBIFIRST AND SUB ACCOUNTS/PLATFORMS AFFILIATE. BY CLICKING "I AGREE" BOX ON THE APPLICATION, YOU AGREE TO SIGN UP TO BE AN AFFILIATE IN THE AFFILIATION PROGRAM AND CERTIFY THAT (A) YOU HAVE READ THIS AGREEMENT AND UNDERSTAND ALL OF ITS CONTENT; AND (B) YOU AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ALL DOCUMENTS, POLICIES AND PROCEDURES INCORPORATED HEREIN BY REFERENCE AND ANY POSSIBLE FUTURE AMENDMENT THEREOF OR ADDITIONS THERE TO; AND (C) YOU HAVE NO CONFLICT OR OTHER RESTRICTION IN ENTERING OR PERFORMING THIS AGREEMENT OR ANY PART THEREOF, INCLUDING RECEIPT OF ALL THE APPLICABLE APPROVALS REQUIRED UNDER THE APPLICABLE LAW FOR THE PERFORMANCE OF THIS AGREEMENT BY YOU. VIOLATION OF ANY OF THE TERMS OF THIS AGREEMENT OR ANY OTHER DOCUMENT INCORPORATED INTO THIS AGREEMENT BY REFERENCE WILL RESULT IN THE IMMEDIATE TERMINATION OF YOUR PARTICIPATION IN THE PROGRAM, WITHOUT ANY NEED TO INFORM YOU IN WRITING, AND FOR FORFEITURE OF ANY OUTSTANDING AFFILIATE FEE PAYMENTS EARNED DURING THE VIOLATION. YOU AGREE TO PARTICIPATE IN THE PROGRAM AT YOUR OWN RISK AND EXPENSE.
For purposes of this Agreement, the following terms shall mean:
2.1. "Ad(s)" means anchor text, banners, button links, text links, or other graphic devices that DCAMP Inc/MobiFirst and sub accounts/platforms makes available to Affiliate and that is used for linking from the Affiliate Site to DCAMP Inc/MobiFirst and sub accounts/platforms.
2.2. "Affiliate Application" means the application submitted by an Affiliate to participate in the Program, as contained in the DCAMP Inc/MobiFirst and sub accounts/platforms.
2.3. "Affiliate Fee" or "Fee" or "Referral Fee" means the approved and undisputed amount due and payable one time only to an Affiliate in accordance with the Referral Fee Plan.
2.4. "Affiliate Site" means websites owned, controlled or used by Affiliate, on which the Affiliate will place Designated Links to DCAMP Inc/MobiFirst and sub accounts/platforms.
2.5. "Affiliation Term" the term of the activity of an Affiliate as a participant in the Program commencing upon approval of Affiliate’s participation and ending according to the provisions of Section 12 below.
2.6. "Affiliation Transaction" means a purchase by a Premium Referred User (referred to DCAMP Inc/MobiFirst and sub accounts/platforms through Affiliate’s Tracking Codes) of an DCAMP Inc/MobiFirst and sub accounts/platforms and sub accounts/platforms.
2.7. "Affiliation Transactions Per Month" means the aggregate number of Affiliation Transactions during each calendar month.
2.8. "Content Restrictions" has the meaning ascribed to it in Section 3.4 herein.
2.9. "Conversion Requirements" means such requirements set forth by DCAMP Inc/MobiFirst and sub accounts/platforms at its sole discretion and specified in the Affiliate’s Dashboard, for determining a Referred User’s successful conversion into a Premium Referred User.
2.10. "Dashboard" means a dedicated online interface made available by DCAMP Inc/MobiFirst and sub accounts/platforms to participants of its Affiliation Program, through which the Affiliate may manage and monitor its participation in and performance under the Affiliation Program.
2.11. "Designated Links" means links to the DCAMP Inc/MobiFirst and sub accounts/platforms, which are placed on the Affiliate's Site pursuant to DCAMP Inc/MobiFirst and sub accounts/platforms instructions and which properly use a specially tagged URL link containing a Tracking Code the format of which is provided by DCAMP Inc/MobiFirst and sub accounts/platforms.
2.12. "Fraud Traffic" means any deposits or traffic generated at the Affiliate Site(s) and/or via the Affiliate’s activity through illegal means or in bad faith or with the intent to defraud the Company, regardless of whether it causes harm to the Company. Fraud Traffic includes but is not limited to spam, false advertising, deposits generated by stolen credit cards, collusion, manipulation of the service, system, bonuses or promotions, offers to share the Affiliate Fees, directly or indirectly, with Users, and any other unauthorized use of any third-party accounts, copyrights or trademarks.
2.13. "Intellectual Property Rights" means copyrights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors’ rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
2.14. "License" has the meaning ascribed to it in Section 4.3 herein.
2.15. "Minimum Transaction Requirement" means the number of Affiliate Transactions Per Month that is defined by DCAMP Inc/MobiFirst and sub accounts/platforms as the minimal number of Affiliation Transactions each Affiliate is required to achieve in order to continue participation in the Affiliation Program.
2.16. "Non-Active Affiliate" has the meaning ascribed to it in Section 10.3 herein.
2.17. "Opt-Out Request" has the meaning ascribed to it in Section 6.3 herein.
2.18. "Premium Referred User(s)" means a Referred User that has fully met the Conversion Requirements specified in the Dashboard, within thirty (30) calendar days of such user first becoming a Referred User as set forth hereunder (each, a "Conversion").
2.19. "Referral Fees Plan" means an Affiliate compensation plan where Affiliate shall be paid for Premium Referred Users referred by him/it pursuant to this Agreement, in accordance with the Fees specified in the Dashboard.
2.20. "Referred User" means a user that opened an account in DCAMP Inc/MobiFirst and sub accounts/platforms for the first time, through Affiliate’s Tracking Codes from Affiliate Site, email, or other communications.
2.21. "Special Sale Terms" means such special discounts or other special benefits which DCAMP Inc/MobiFirst and sub accounts/platforms may determine to apply to certain Premium Package offers, excluding however any individual coupons used by Referred Users.
2.22. "Sponsored Link" means a link (including without limitation, within banners) offered, created, or displayed for a fee (whether on a "cost-per-click" basis, commission, or any other commercial arrangement) by any internet search engine, portal, sponsored advertising service or other search or other referral service or third party websites (other than Sub Affiliate) which uses search terms or keywords to identify, draw attention to, or direct internet traffic to an internet site including, without limitation, the "Google Display Network.
2.23. "Tracking Code(s)" means specific unique code(s) that DCAMP Inc/MobiFirst and sub accounts/platforms will provide the Affiliate to track the traffic and users which arrive via the Affiliate activity (including but not limited, from the Affiliate Site). This Tracking code will be embedded within the Designated Links to be used by the Affiliate in creating links to DCAMP Inc/MobiFirst and sub accounts/platforms.
2.24. "User" means both Referred Users and Premium Referred Users.
2.25. "DCAMP Inc/MobiFirst and sub accounts/platforms Marks" means, without limitations, DCAMP Inc/MobiFirst and sub accounts/platforms trademarks, service marks, trade dress, trade names, corporate name, logos and any other distinctive brand features used in or related to DCAMP Inc/MobiFirst and sub accounts/platforms’ business.
2.26. "Premium Package" or "DCAMP Inc/MobiFirst and sub accounts/platforms and sub accounts/platforms" means any of the charged packages offered by DCAMP Inc/MobiFirst and sub accounts/platforms in the DCAMP Inc/MobiFirst and sub accounts/platforms, as may be updated and/or modified from time to time by DCAMP Inc/MobiFirst and sub accounts/platforms. Charged package which: (i) was either canceled within six (6) calendar months from the day it was purchased; or (ii) was refunded in accordance with DCAMP Inc/MobiFirst and sub accounts/platforms refund policies or the applicable law, as may be from time to time; or (iii) was not duly and fully paid by Premium DCAMP Inc/MobiFirst and sub accounts/platforms and sub accounts/platforms Referred User(s), will not be considered as a Premium Package.
2.27. " and/or any other website as may be added by the Company, in its sole and absolute discretion, from time to time.
3. Joining the Program.
3.1. This Affiliation Program is designated for generators of high volume of Referred Users. We encourage web-designers, webmasters, advertising agencies and/or those assisting friends and family, to seek our alternative programs which may present them with better-tailored avenues of income-generation.
3.2. To begin the enrollment process, the prospective Affiliate shall submit a complete Affiliate Application via DCAMP Inc/MobiFirst and sub accounts/platforms. Affiliate must provide full, true and accurate information in the Affiliate Application. DCAMP Inc/MobiFirst and sub accounts/platforms will evaluate Affiliate’s Application in good faith and may notify him/her/it of its acceptance or rejection within approximately thirty (30) business days. Unless a prospective Affiliate received a clear written notice from DCAMP Inc/MobiFirst and sub accounts/platforms confirming his participation in the Program, it shall not be deemed to be part of the Program.
3.3. DCAMP Inc/MobiFirst and sub accounts/platforms may reject Affiliate Application if DCAMP Inc/MobiFirst and sub accounts/platforms determines, in DCAMP Inc/MobiFirst and sub accounts/platforms’ sole discretion, that the Affiliate Site or activities are unsuitable for the Program for any reason. If DCAMP Inc/MobiFirst and sub accounts/platforms accepts Affiliate Application and thereafter the Affiliate Site or activity is determined (in DCAMP Inc/MobiFirst and sub accounts/platforms’ sole discretion) to be unsuitable for the Program, DCAMP Inc/MobiFirst and sub accounts/platforms may terminate the Affiliate’s participation in the Program at any time.
3.4. Unsuitable Affiliate Sites or activities may include, but not be limited to, sites that do not generate sufficient volume of visitors, sites containing or activities related to illegal, offensive, abusing, infringing content, or which incorporate images or content that is, in any way, unlawful, harmful, threatening, defamatory, obscene, harassing or racially, ethically or otherwise objectionable, including without limitation, sites or activities that: promote violence; promote gambling; promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; promote illegal activities or incorporate any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights of any third party or of DCAMP Inc/MobiFirst and sub accounts/platforms, or are directed towards children under 13 years of age (collectively, "Content Restrictions").
3.5. DCAMP Inc/MobiFirst and sub accounts/platforms shall not be required to provide any explanation to its rejection of any prospective Affiliate.
3.6. A rejection of an Affiliate Application by DCAMP Inc/MobiFirst and sub accounts/platforms shall not derogate from Affiliate’s right to reapply to the Program at any other time thereafter provided that the Affiliate complies with the provisions of this Agreement.
3.7. Once accepted to the Program, Affiliate hereby agrees to DCAMP Inc/MobiFirst and sub accounts/platforms: (a) sending from time to time to Affiliate emails and other communications regarding the Program, and (b) reviewing and monitoring the Affiliate Site to verify compliance with this Agreement.
4. Tracking Codes and Ads.
4.1. To permit accurate tracking, reporting, and Referral Fee accrual, DCAMP Inc/MobiFirst and sub accounts/platforms will provide Affiliate with a specific Tracking Code. Affiliate must ensure that each of the links between its Affiliate Site and DCAMP Inc/MobiFirst and sub accounts/platforms properly utilizes the Tracking Codes provided to Affiliate.
4.2. Affiliate is not authorized to alter, modify or change any of the Tracking Codes. Affiliate will only earn payments in accordance with the Referral Fees Plan. DCAMP Inc/MobiFirst and sub accounts/platforms will not be held liable to the Affiliate with respect to any failure by Affiliate to use such Tracking Codes. DCAMP Inc/MobiFirst and sub accounts/platforms will not be responsible for errors which may occur in the tracking of transactions if the Affiliate has made or caused any such modification to the Tracking Code. For the avoidance of doubt, Affiliate will use the Tracking Code only for the purposes of the Program. Any other use of the Tracking Code will be considered void and subject to DCAMP Inc/MobiFirst and sub accounts/platforms sole discretion - shall be deemed as breaching this Agreement and will not entitle Affiliate to any Fee, which is based on such unauthorized use.
YOU DO NOT HAVE PERMISSIONS UNLESS WRITTEN APPROVAL FROM PARENT COMPANY TO USE THIS OR ANY OTHER PLATFORMS AS ITS OWN AFFILIATE PROGRAM. THIS GOES FOR JVZOO, CLICKBANK, WARRIOUR PLUS AND ANY/ALL OTHER AFFILIATE SYSTEMS. ONLY DCAMP Inc/MobiFIrst has this authority. If this is violated in any way you forfeit your platform and must refund all purchases to the buyers/customers/affiliates.
4.3. DCAMP Inc/MobiFirst and sub accounts/platforms hereby grants to Affiliate a non-exclusive, non-transferable, limited license to use the DCAMP Inc/MobiFirst and sub accounts/platforms Marks contained in the Ads provided to Affiliate by DCAMP Inc/MobiFirst and sub accounts/platforms for the sole purpose of this Agreement (the "License"). DCAMP Inc/MobiFirst and sub accounts/platforms will provide Affiliate with the necessary information to allow Affiliate to make appropriate Ads from the Affiliate Site to DCAMP Inc/MobiFirst and sub accounts/platforms unless approved in advance and in writing by DCAMP Inc/MobiFirst and sub accounts/platforms. Affiliate may not use any of the DCAMP Inc/MobiFirst and sub accounts/platforms Marks in any manner other than as contained in the Ads. Furthermore, Affiliate may not modify any of the Ads in any way, whatsoever unless approved in advance and in writing by DCAMP Inc/MobiFirst and sub accounts/platforms. The License shall expire upon the expiration or termination of the Affiliation Term.
4.4. Affiliate shall display the Ads in good taste, adjacent to any with the first or most prominent use of such Ads in piece of advertising means, in which such Ads appear, subject to other requirements as DCAMP Inc/MobiFirst and sub accounts/platforms may from time to time impose and provide to Affiliate, including DCAMP Inc/MobiFirst and sub accounts/platforms trademark guidelines. Affiliate may not use the Ads and the DCAMP Inc/MobiFirst and sub accounts/platforms Marks contained therewith in a manner that, in DCAMP Inc/MobiFirst and sub accounts/platforms’ sole discretion, is disparaging or otherwise portrays DCAMP Inc/MobiFirst and sub accounts/platforms in a negative light. Affiliate shall have no other right, title or interest in or to the Ads and DCAMP Inc/MobiFirst and sub accounts/platforms Marks contained therewith other than as specified in the limited License granted herein.
4.5. AFFILIATE WILL BE SOLELY RESPONSIBLE FOR THE CONTENT AND MANNER OF ITS MARKETING ACTIVITIES. ALL MARKETING ACTIVITIES MUST BE PROFESSIONAL, PROPER AND LAWFUL UNDER APPLICABLE RULES OR LAWS.
4.6. DCAMP Inc/MobiFirst and sub accounts/platforms may at any time, without prior notice, require the Affiliate to remove or modify the Ads, or dynamically replace the DCAMP Inc/MobiFirst and sub accounts/platforms creative or text with creative or text suitable to DCAMP Inc/MobiFirst and sub accounts/platforms in DCAMP Inc/MobiFirst and sub accounts/platforms’ sole discretion.
4.7. As between Affiliate and DCAMP Inc/MobiFirst and sub accounts/platforms, DCAMP Inc/MobiFirst and sub accounts/platforms shall own all right, title and interest, including all Intellectual Property Rights, in and to the DCAMP Inc/MobiFirst and sub accounts/platforms, the Program and DCAMP Inc/MobiFirst and sub accounts/platforms Marks.
4.8. Affiliate shall include in its Affiliate Site, in a prominent and easily accessible place, a disclosure conveying that Affiliate participates in Affiliation programs which may reward Affiliate with monetary compensation in connection with referral of Site visitors to advertisers and other third parties. Such disclosure shall be following all applicable laws, rules and regulations.
5. Minimal Achievement Requirement.
5.1. The participation in the Affiliation Program is contingent and depending upon each Affiliate achieving the Minimum Transaction Requirement in each calendar month during such Affiliate’s participation in the Program.
5.2. The Minimal Transaction Requirement is the achievement of such several Affiliation Transactions in each calendar month which will generate you a commission of ZERO per month (the "Monthly Threshold Amount"). DCAMP Inc/MobiFirst and sub accounts/platforms shall have the right to change the Minimal Transaction Requirement at any time at its sole discretion. In event of such change, DCAMP Inc/MobiFirst and sub accounts/platforms shall provide a notice to all active Affiliate participating in the Program.
5.3. In event an Affiliate does not achieve the Minimal Transaction Requirement, DCAMP Inc/MobiFirst and sub accounts/platforms shall have the right, at its sole discretion to discontinue the participation of such Affiliate in the Affiliation Program. In event of such discontinuation, DCAMP Inc/MobiFirst and sub accounts/platforms shall provide a notice to the Affiliate informing him/her that his/her participation in the Program was terminated (a "Terminated Affiliate"). In such an event, DCAMP Inc/MobiFirst and sub accounts/platforms shall pay for the actual number of Affiliation Transactions that have been executed provided the Affiliate has complied with the terms of this Agreement and the transactions have been obtained in a non-fraudulent manner. Other than that, the Terminated Affiliate shall have no claims or demands towards DCAMP Inc/MobiFirst and sub accounts/platforms as result of such termination. Alternatively, DCAMP Inc/MobiFirst and sub accounts/platforms at its sole and absolute discretion may decide not to terminate the Affiliate's participation in the Affiliation Program in case of failure to meet the Minimal Transaction Requirement within any given month and in such case, DCAMP Inc/MobiFirst and sub accounts/platforms shall pay the Affiliate Fee after the accumulation of the Monthly Threshold Amount.
5.4. A Terminated Affiliate shall not be entitled to rejoin the Affiliation Program for a period of six (6) months following the date of termination of such Affiliate’s Participation in the Program.
6. Emails and Publications.
6.1. If Affiliate sends, or cause to be sent, any messages or communications by electronic means, including but not limited to email and instant messages ("Emails") in connection, directly or indirectly, with this Agreement and/or the Program, then Affiliate agrees, acknowledges, represents and warrants that all such Emails shall be in full-compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act") and the Children’s Online Privacy Protection Act of 1998 ("COPPA") and all other laws in the applicable the Affiliate and Affiliate Site and including, but not limited to, all European laws and Directives and the Federal Trade Commission regulations.
6.2. Affiliate agrees to not utilize SPAM in promoting DCAMP Inc/MobiFirst and sub accounts/platforms. DCAMP Inc/MobiFirst and sub accounts/platforms maintains a ZERO tolerance policy towards the sending of SPAM, including, but not limited to, unsolicited commercial E-mails This action may result in the immediate suspension or termination of Affiliate account with a cancellation of and possible forfeiture of any pending Fees. Affiliate will also be in violation of this Agreement and subject to legal action and be held liable for any financial loss incurred by DCAMP Inc/MobiFirst and sub accounts/platforms.
6.3. SPAM is defined as including, but not limited to, the following:
Send, initiate or procure the sending of an Email to any person who has either not explicitly requested to receive such messages (or has explicitly requested to receive no further Emails) specifically from Affiliate, including without limitation for the purposes of sending unsolicited bulk email, executing any "mass mailings" or "email blasts," or for the purpose of spamming any public forum, including without limitation, any blog, message board, classified listings, auction sites, altnet, newsnet, newsgroups, or similar service. Employ any false or deceptive information regarding Affiliate’s identity, or regarding the intent, subject, or origin of the message or fail to include accurate information regarding Affiliate identity, and the intent, subject, and origin of the Email. Exploit documented or undocumented security holes on any client or server machine. Fail to (i) include clear, valid, and conspicuously displayed "From" and "Subject" lines in the Email, (ii) include a functioning return address (or hyperlink) in the Email that enables the recipient to submit a request to receive no further messages from Affiliate ("Opt- Out Request") for no less than thirty (30) days from the date the Email was sent; or (iii) honor any Opt-Out Request within ten (10) days of receipt of such Opt-Out request by Affiliate. Obtain email addresses via automated means or send any Email to any address which was obtained via automated means, including via the automated combination of names, letters, or numbers, dictionary attacks, or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy. Employ any fraudulent, deceptive, false or misleading information in connection with the Emails. Send any commercial marketing email or promotion to, or collect any personally identifiable information from, any person who is under eighteen (18) years of age.
6.4. Affiliate may use Tracking Codes within Emails that Affiliate sends to registered users of the Affiliate Site.
7. Compliance with Law and Regulations; No conflict.
7.1. Affiliate shall comply with all applicable laws, regulations (including without limitation the Federal Trade Commission Endorsement Guides) and statutes of the United States or any other state, country or jurisdiction in which he acts, including without limitation, such that relate to advertising, dissemination of email, and/or electronic communications. It is Affiliate’s responsibility to be aware of all such regulations, statutes and laws.
7.2. Affiliate may only send Emails containing a Tracking Code and/or a message regarding DCAMP Inc/MobiFirst and sub accounts/platforms or DCAMP Inc/MobiFirst and sub accounts/platforms’ Program. Failure by Affiliate to abide by this Section 7, CAN-SPAM Act or COPPA, in any manner, will be deemed a material breach of this Agreement by Affiliate and foreclose all rights Affiliate may have to any Affiliate Fee.
8. Prohibition on Sponsored Links and other activities.
8.1. Affiliate shall not use, procure, bid on, or otherwise arrange for a Sponsored Link which uses or includes any of the DCAMP Inc/MobiFirst and sub accounts/platforms Marks.
8.2. Affiliate shall not register, procure, or use any internet domain name that includes any of the DCAMP Inc/MobiFirst and sub accounts/platforms Marks or any variations thereof.
8.3. Affiliate may not promote any Special Sales Terms offered by DCAMP Inc/MobiFirst and sub accounts/platforms.
8.4. Affiliate may not offer any person or entity any payments or incentives (like rebate, cashbacks, "paid to click" advertising or discounts) for using the Designated Links and/or converting a free DCAMP Inc/MobiFirst and sub accounts/platforms account into a Premium Package.
8.5. Affiliate may not record, redirect, read, or fill in on behalf of Referred User, the contents of any electronic form or other material submitted to DCAMP Inc/MobiFirst and sub accounts/platforms by any Referred User. Affiliate may not register any Referred User to the DCAMP Inc/MobiFirst and sub accounts/platforms or to any Premium Package, on behalf of such Referred User.
8.6. Affiliate shall not post Designated Links or other content promoting the DCAMP Inc/MobiFirst and sub accounts/platforms within any pop-up or pop-under windows.
8.7. Affiliate shall not use cookie stuffing techniques that set the Affiliate tracking cookie without the Referred User's knowledge (e.g. iframing).
8.8. Affiliate is prohibited from making inaccurate, deceptive or otherwise misleading claims about DCAMP Inc/MobiFirst and sub accounts/platforms and the DCAMP Inc/MobiFirst and sub accounts/platforms services. In addition, Affiliate is prohibited from (i) taking any action that may cause Affiliate Site's visitors to confuse between the Affiliate and DCAMP Inc/MobiFirst and sub accounts/platforms; or (ii) misrepresenting the relationship between Affiliate and DCAMP Inc/MobiFirst and sub accounts/platforms. For the avoidance of doubt, Affiliate may not claim that DCAMP Inc/MobiFirst and sub accounts/platforms endorses supports and/or sponsors the Affiliate Site.
8.9. Affiliate shall not use any Ads or Designated Links in connection with any client-side software application (e.g. toolbars, extensions, or any other applications that are downloaded or installed by any Site visitors) on any device.
9. Referral Fees.
9.1. Subject to section 9.5, for every new DCAMP Inc/MobiFirst and sub accounts/platforms and sub accounts/platforms purchased by a Premium Referred User through Affiliate’s Tracking Codes and Designated Links via the first "click through" (as described below), but prior to the conclusion of the Affiliate Term and subject to the compliance of the Affiliate with the provisions of this Agreement (a "Qualified Purchase"), Affiliate shall be entitled to receive Affiliate Fees in according with the Referral Fees Plan stated by DCAMP Inc/MobiFirst and sub accounts/platforms for such Affiliate. For the avoidance of doubt the eligibility for the Affiliate Fees is based on a "First click" approach so that only the Affiliate through which a potential Premium Referred User made their first click through to the DCAMP Inc/MobiFirst and sub accounts/platforms (but subject to all other terms herein) will be the one eligible to receive Fees for the first Qualified Purchase made by such user.
9.2. Notwithstanding the foregoing Section 9.1 in the event that a Qualified Purchase is made, and such purchase is subject to Special Sale Terms, the Affiliate Fees payable to Affiliate (if any) shall be subject
25. ENTIRE AGREEMENT
This Agreement is the entire agreement between the parties with respect to this subject matter, and it supersedes all prior and contemporaneous discussions, negotiations, communications, and agreements with respect thereto.