Welcome to the CyberSafe247
Referral Partner Program
Thank you for your interest in promoting CyberSafe247. We are keen to build a mutually beneficial and profitable relationship with you. This is where you can apply to become one of our successful Referral Partners. Once you become a Referral Partner you will be rewarded with generous commissions for introducing others to Cybersafe247. It only take a moment to apply, and there is no cost to join us.
Here’s how it works….
- Apply to become a Referral Partner here. LINK
- One of our Referral Partner Managers will be in contact to help you get started
- You will be provided with resources and links to use in your marketing
- We will work together as a team to help build a successful business for you and ultimately to create child safe internet
You will monetize your traffic and earn high paying commissions. There is no better time to start promoting CyberSafe247 than now!
So let’s get straight to the point.
The Cybersafe247 Referral Partner Program rewards you as a pay-per-sale. We have also built a two tiered commission structure where you will benefit from your referral of Referral Partners who make sales. When you apply to become a Referral Partner we will discuss our commission arrangements with you in detail.
When will I get paid?
We agree to pay you commissions for introduced sales going two levels deep. Commissions owed will be paid in the following month and no less than 21 days from date of sale. This gives time for any persons who choose to request a refund, which is not common.
How will you pay me?
All Referral Partners must have a PayPal account. You will need to provide us with the email that identifies your PayPal. To set up a PayPal account is free at www.PayPal.com.
Can I buy the CyberSafe247 through my own affiliate link?
No sorry. This isn’t fair to other Referral Partners. Referral Partners will not be paid for their own purchases through their affiliate link. This is not considered a referral. Any commissions that appear to be related (including but not limited to: name, domain of email, address, payment details) will be voided. This is grounds for instant dismissal from our Referral Partner program. We manually check all sales to ensure that affiliates are correctly credited.
What Promotional Tools do you Provide?
Once you’ve applied and successfully become a Referral Partner, you’ll see a range of tools that automatically customize the link with your unique affiliate code. These include:
Email templates – automatically populated with your affiliate code
Banners – 5 different banner sizes
A marketing brief outlining our USP (unique selling proposition)
How long do the affiliate cookies last?
We’ve set the affiliate cookies to never expire. This means that you could theoretically (provided the user doesn’t delete his cookies) be credited for a sale you’ve referred years into the future. Also, the cookie does not delete upon a successful sale. So if you’re customer purchases more from us in the future, you will still be credited (again provided they haven’t deleted the cookies themselves).
What promotional techniques do you allow?
You ARE allowed to use the keyword “CyberSafe247″ and similar keywords in AdWords and other pay- per-click advertising. You may also use such keywords in your search engine optimization methods.
You are NOT allowed to negatively promote CyberSafe247 with shock marketing like e.g. scam, shonk.
You ARE allowed to register domain names containing the word “CyberSafe247″.
Can I offer discounts or rebates to my customers?
CyberSafe247 Referral Partners are NOT permitted to offer a rebate or discount on sales without written approval. This would be done by submitting a coupon request in your affiliate area. We suggest you to add value by bundling and giving bonuses as an additional incentive.
Can I offer bonuses to my customers?
We encourage you to offer bonuses. Any affiliates who promise bonuses to customers who purchase our product through their affiliate link must make those bonuses available within:
two (2) days of the purchase for downloadable bonuses; and
fourteen (14) days in the case of a physical bonus.
Can I use graphics or content from the CyberSafe247 web site/s?
You ARE allowed to use any graphics from the CyberSafe247 sales website/s in your promotions. We suggest you contact us for the master logo files so that it is at the right resolution with the right background. However, you are NOT allowed to use any graphics or material from INSIDE the CyberSafe247 software or dashboard area that is after you log in.
You are NOT permitted to copy large sections of the CyberSafe247 website/s, except where you have been given specific permission in writing. Google gets very unhappy when the same words or copy is duplicated on multiple pages. You agree that promoting the product in your own words is likely to be more effective.
You will be solely responsible for the development, operation and maintenance of your website and for all content that appears on your site. It is your responsibility to ensure that your affiliate links are set up properly and working.
What happens if one of my customers gets a refund?
If a customer is given a refund, the full Referral Partner commission will be deducted from commissions owed to the Referral Partner.
How do I log in to the CyberSafe247 Referral Partner Center?
Once you apply and successfully become a Referral Partner, you will be given a username and password to log into the Referral Partner area of our website. You will be able to access your marketing tools and see your commission reports.
Do I pay tax on my Referral Partner commissions?
Yes. Each Referral Partner is responsible for declaring their Referral Partner commissions as earned income for the Referral Partner entity (whether business or individual) within their own country.
What currency do I get my Referral Partner commissions?
CyberSafe247 will pay commissions in Australian Dollars. All Referral Partner commissions are paid using PayPal. If your PayPal account is in any currency other than Australian Dollars, then PayPal decides the rate of exchange at conversion.
How can I ask another question about the CyberSafe247 Referral Partner Program?
If you visit the FAQ section you will find a more comprehensive list of Questions and Answers. However, if you still have unanswered questions you can email our support team at: firstname.lastname@example.org
CyberSafe247.com Ltd Referral Partner Program
Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY. ALL REFERRAL PARTNERS PARTICIPATING IN THE Cybersafe247.com Limited REFERRAL PARTNER PROGRAM MUST AGREE TO THE FOLLOWING TERMS AND CONDITIONS WITHOUT MODIFICATION OR ADDITION.
This Agreement (the “Agreement”) is between Cybersafe247.com Ltd and the individual or entity (the “Referral Partner”) applying to participate in the Cybersafe247.com Ltd Referral Partner Program (the “Program”). Referral Partner’s participation in Program marketing opportunities will be subject to additional terms and conditions that the Referral Partner must agree to in order to participate.
1.1 “Referral Partner Campaign” means a specific program offered by the Cybersafe247.com Ltd product group for the payment of Referral Fees for a specified Conversion Event; as such terms are defined below. Referral Partner may choose through the application process to participate in one or more Referral Partner Campaigns.
1.2 ” Referral Partner Web Site” or ” Referral Partner’s Web Site” means the Referral Partner Web Site(s) that will be participating in the Program as provided in Referral Partner’s application and approved by Cybersafe247.com Ltd.
1.3 “Affiliated Entity” means any company or any entity worldwide (including, without limitation, corporations, partnerships, joint ventures and limited liability companies) where either (i) a party owns a Material Interest in the entity, (ii) a parent entity having a Material Interest in a party also owns a Material Interest in the entity or (iii) the entity owns a Material Interest in a party.
1.4 “Conversion Event” means the specific action described in the documentation for the applicable Referral Partner Campaign that will result in the payment of a Referral Fee from Cybersafe247.com Ltd to Referral Partner. Without limitation, a Conversion Event does not include any fraudulent, duplicative, incomplete (including, without limitation, by reason of known and unknown bugs or other technical issues), or otherwise improper activity as determined by Cybersafe247.com Ltd in its sole discretion.
1.5 “End User” means a visitor to Referral Partner’s Web Site who may participate in a Conversion Event as described for a particular Referral Partner Campaign.
1.6 “Extra Terms” means additional terms that is specific to a Referral Partner Campaign (e.g. codes of conduct or guidelines).
1.7 “Links” means the applicable links for a specific Referral Partner Campaign that Cybersafe247.com Ltd may provide to Referral Partner to enable End Users to navigate to a Cybersafe247.com Ltd Property, all as described in the Program Descriptions for a specific Referral Partner Campaign.
1.8 “Material Interest” ownership, equity, or financial interest in an entity.
1.9 ” Cybersafe247.com Ltd Content” means banners, text, links, data feeds, graphics and other content provided by CyberSafe247 for display on Referral Partner’s Web Site through the use of a Link. Cybersafe247.com Ltd Content may contain “cookies”.
1.10 ” Cybersafe247.com Ltd Property” or ” Cybersafe247.com Ltd Properties” means the web sites, web pages and services owned or operated by Cybersafe247.com Ltd and any successor, similar or replacement versions of such web sites or services, regardless of whether or not marketed or promoted under the same name, and accessible via various Internet-enabled devices, including but not limited to personal computers, mobiles devices and televisions. At Cybersafe247.com Ltd System’s discretion, the Cybersafe247.com Ltd Properties may also include:
(i) any international or non-English language versions of these web sites or services; (ii) versions of these web sites, web pages or services that are co-branded and distributed either by Cybersafe247.com Ltd or a third party; and (iii) Cybersafe247.com Ltd software applications, services or tools, provided such software application, service or tool contains a link back to one of the foregoing Cybersafe247.com Ltd Properties.
1.11 “Program Description(s)” means a detailed description of the applicable Referral Partner Campaign, including but not limited to a description of the applicable Conversion Event, the Referral Fee, and requirements for Referral Partner’s participation.
1.12 “Referral Fee” means the fee due from Cybersafe247.com Ltd to Referral Partner after a Conversion Event takes place, according to the fee schedule for the applicable Referral Partner Campaign. The Referral Fees are described in greater detail in the Program Descriptions.
1.13 “Software” means the software that may be included in the Cybersafe247.com Ltd Content provided to Referral Partner including but not limited to software that may be included for tracking and reporting purposes.
2. Cybersafe247.com Ltd Online Obligation.
Following Cybersafe247.com Ltd System’s acceptance of Referral Partner into the Program and during Referral Partner’s participation in any Referral Partner Campaign offered to Referral Partner, Cybersafe247.com Ltd will use commercially reasonable efforts to make available the Cybersafe247.com Ltd Content and Links associated with the particular Referral Partner Campaign. Conversion Events and Referral Fees will be measured and determined solely by Cybersafe247.com Ltd and/or its contractor(s). Cybersafe247.com Ltd will not have any obligation to provide Referral Partner with notice of any fraudulent, duplicative, incomplete, or otherwise improper activity associated with Referral Partner prior to the payment of Referral Fees.
3. Referral Partner Obligations.
3.1 Conversion Events
Referral Partner will comply with the terms, directions and guidelines included in the applicable Program Description or as otherwise provided by Cybersafe247.com Ltd from time to time in connection with Referral Partner’s placement of the Links, its display of the Cybersafe247.com Ltd Content, its use of the Software, or other activity in connection with a specific Referral Partner Campaign. Except as explicitly described in this Agreement and in the applicable Program Description, Referral Partner may place the Links and display the Cybersafe247.com Ltd Content on as many areas of Referral Partner’s Web Site as Referral Partner desires. In utilizing the Links, Referral Partner agrees that it will cooperate fully with Cybersafe247.com Ltd in order to establish and maintain such Links and to enable proper tracking and reporting of Conversion Events. Referral Partner also agrees that it will display on Referral Partner’s Web Site only the Cybersafe247.com Ltd Content that is provided by Cybersafe247.com Ltd in an unmodified form, and Referral Partner will substitute Cybersafe247.com Ltd Content with any new Cybersafe247.com Ltd Content provided by Cybersafe247.com Ltd from time to time throughout the term of this Agreement. Cybersafe247.com Ltd may, in its sole discretion modify the Links, the Cybersafe247.com Ltd Content, and the Software during the term of the Agreement.
Referral Partner represents and warrants that:
i. All information provided in its application to the Program is true, correct, and complete;
ii. Referral Partner has the full right and capacity to enter into this Agreement and (if an individual) that Referral Partner is at least 18 years of age;
iii. Referral Partner is not an Affiliated Entity of Cybersafe247.com Ltd or an employee of a Cybersafe247.com Ltd Affiliated Entity;
iv. Referral Partner will at all times operate Referral Partner’s Web Site in compliance with all applicable laws, rules, and regulations, including but not limited to the CAN-SPAM Act of 2003 and those relating to privacy and data protection;
v. Referral Partner’s Web Site and all contents thereof will at all times (i) comply with all applicable laws, statutes, ordinances, and regulations, (ii) not violate the rights of or any duty owed to any other party, and (iii) will not contain any restricted content listed in Attachment 1 to this Agreement;
vi. Referral Partner will not solicit, encourage, commit, or permit any fraudulent or improper act to generate Conversion Events or Referral Fees; and
vii. Referral Partner will not enable the Links to collect personally identifiable information of End Users that would allow Cybersafe247.com Ltd to personally identify End Users.
3.3 Accurate, Up-to-Date Information
Referral Partner agrees to provide Cybersafe247.com Ltd with accurate information about Referral Partner and Referral Partner’s promotional methods and to maintain up-to-date “account” information (such as contact information, web sites used, etc.). In its Program accounts, Referral Partner must accurately; clearly and completely describe all promotional methods by selecting the appropriate descriptions and providing additional information when necessary.
4. Referral Partner’s Web Site.
Referral Partner will be solely responsible for the development, operation, and maintenance of Referral Partner’s Web Site, including without limitation all costs and expenses incurred therewith. Without limitation, Referral Partner will be solely responsible for the following:
i. performing the technical operation of Referral Partner’s Web Site and all related equipment.
ii. Ensuring the accuracy and appropriateness of materials posted on Referral Partner’s Web Site (including, among other things, all product-related materials).
iii. Ensuring that materials posted on Referral Partner’s Web Site do not violate or infringe upon the rights of any third party, including, but not limited to, copyrights, trademarks, privacy, or other personal or proprietary rights.
iv. Ensuring that materials posted on Referral Partner’s Web Site are not libelous or otherwise illegal.
v. Operating Referral Partner’s Web Site in compliance with applicable laws, rules, and regulations, including but not limited to the CAN-SPAM Act of 2003 and those relating to privacy and data protection.
4.2 Additional Restrictions
The pages on Referral Partner’s Web Site will be subject to the restrictions set forth in Attachment 1 to this Agreement; as such Attachment may be modified from time to time by Cybersafe247.com Ltd in its sole discretion.
Cybersafe247.com Ltd hereby grants Referral Partner a nonexclusive, revocable, personal, non-transferable license to perform and display the Cybersafe247.com Ltd Content on Referral Partner’s Web Site solely for the purpose of enabling End Users to view the Cybersafe247.com Ltd Content and utilize the Links. In addition, if Cybersafe247.com Ltd supplies Software to Referral Partner for tracking and reporting purposes, Cybersafe247.com Ltd hereby grants Referral Partner a nonexclusive, revocable, personal, non-transferable license to download, install, and use such Software solely for the purpose of providing tracking and reporting information to Cybersafe247.com Ltd.
6. Reservations and Limitations.
The Links, the Cybersafe247.com Ltd Content and the Software are protected by copyright and other intellectual property laws and treaties. Cybersafe247.com Ltd or its suppliers own the title, copyright, and other intellectual property rights in the Links, the Cybersafe247.com Ltd Content and the Software, and such Links, Cybersafe247.com Ltd Content and Software are licensed, not sold. Referral Partner will not disassemble, decompile, or reverse engineer, the Links, Cybersafe247.com Ltd Content and Software, except and only to the extent that such activity is expressly permitted by applicable law. Referral Partner will not remove or obscure any proprietary notices in the Links, the Cybersafe247.com Ltd Content and the Software.
7. Promotion of Links.
In its promotion of the Links, Referral Partner agrees to only use ethical and legal business practices and comply with the terms of each Referral Partner Campaign and this Agreement. However, Cybersafe247.com Ltd may, in its sole and complete discretion, deem specific Referral Partner promotional activities inappropriate and a material breach of this Agreement. Any suspected fraudulent, abusive or otherwise illegal content or activity by Referral Partner through its promotional methods or that is perpetrated through use of the Links or Software is grounds for immediate termination of this Agreement or deactivation of Referral Partner’s participation in an Referral Partner Campaign.
Referral Partner will not use the Cybersafe247.com Ltd Properties to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Referral Partner will not use the Cybersafe247.com Ltd Properties in any way that violates the Cybersafe247.com Ltd Anti-Spam Policy. Referral Partner may view the Anti-Spam Policy at Cybersafe247.com Ltd.com/anti-spam. A breach of any part of the Anti-Spam Policy is a breach of this Agreement. Cybersafe247.com Ltd may use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if Referral Partner’s use of the Cybersafe247.com Ltd Properties includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to Referral Partner through the Cybersafe247.com Ltd Properties even if such e-mail does not violate the Anti-Spam Policy.
Referral Partner will use and display the Links, the Cybersafe247.com Ltd Content and the Software only as explicitly directed by Cybersafe247.com Ltd. In addition, Referral Partner will not, and will not authorize or encourage any third party to directly or indirectly take any action that may result in a Conversion Event through any automated, deceptive, fraudulent or other invalid means including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software. Any methods that artificially generate actions that may result in a Conversion Event are prohibited under this Agreement.
11. Referral Fees.
Referral Partner will earn Referral Fees according to the specific Referral Partner Campaign in which Referral Partner is participating. However, Cybersafe247.com Ltd will not pay Referral Partner any Referral Fees for invalid Conversion Events or Conversion Events that occurred as a result of any violation of this Agreement, all as determined by CyberSafe247 in its sole discretion. Referral Partner acknowledges and agrees that neither Cybersafe247.com Ltd nor its contractors make any guarantee, prediction, or representation regarding the ability of Referral Partner to generate Conversion Events or earn Referral Fees.
In order to receive payment, Referral Partner will be required to provide Cybersafe247.com Ltd with the required information including for U.S. Referral Partner, Referral Partner’s U.S. tax identification number and a fully-completed form W-9 and, for international Referral Partners, a fully completed and signed W8. Subject to Section 11.3 below, Cybersafe247.com Ltd will pay Referral Fees to Referral Partner on a monthly basis. If a Conversion Event includes the purchase of a product, Referral Fees will not be paid for any incomplete or fraudulent purchases or purchases where product is returned. Cybersafe247.com Ltd may deduct the corresponding Referral Fee from Referral Partner’s next payment. If there is no subsequent payment of a Referral Fee, Cybersafe247.com Ltd will send Referral Partner a bill for the return of the Referral Fee. Unless otherwise specified in any Extra Terms associated with the applicable
11.3 Payment Limitations.
Cybersafe247.com Ltd has no obligation to make payment of any Referral Partner Referral Fees for which Cybersafe247.com Ltd has not received from the relevant Advertiser payment of all monies due with respect to the applicable Referral Partner Campaign (including for all Referral Partner Referral Fees owed by such Advertiser to all other Publishers that are participating in the Referral Partner Campaign). If Cybersafe247.com Ltd elects, in its own discretion, not to make payment to Referral Partner for amounts not received from an Advertiser, those amounts will not be included in the reporting specified by Section 11.6 below. Referral Partner agrees that its sole recourse for any earned Referral Partner Referral Fees not paid to Referral Partner will be to make a claim against the relevant Advertiser(s) and Cybersafe247.com Ltd disclaims any and all liability for such payment.
11.4 Account Charges.
Referral Partner is solely responsible for providing and maintaining accurate contact and payment information associated with Referral Partner’s account. Any bank fees related to returned or cancelled checks due to a contact or payment information error or omission may be deducted from a newly issued payment. In the event Cybersafe247.com Ltd is unable to locate Referral Partner for the payment of Referral Fees after using reasonable efforts, Cybersafe247.com Ltd may retain the Referral Fees in accordance with applicable law. Cybersafe247.com Ltd may charge a reasonable fee for account maintenance against such Referral Fees up until there are no longer any Referral Fees remaining.
Each party will be responsible for billing, collecting and remitting sales, use, value added, and other comparable taxes due with respect to (or incurred in connection with) the sale or license of such party’s goods or services. Neither party is liable for any taxes, duties, levies, fees, excises or tariffs incurred in connection with or related to the sale of the other party’s goods or services.
Each payment of Referral Fees will include a report showing sufficient information as determined by Cybersafe247.com Ltd to show the calculation of the Referral Fees. In addition, CyberSafe247 may make various reports available to Referral Partner at a designated URL.
Cybersafe247.com Ltd System’s calculation of the Reporting Fees will be based upon reports available to Cybersafe247.com Ltd. The reports available to Cybersafe247.com Ltd may contain discrepancies from the reports available to Referral Partner, due to the stage at which the report is received, technology related issues, or other reasons. Cybersafe247.com Ltd System’s PAYMENTS WILL BE BASED ON THE CONVERSION EVENT REPORTING AVAILABLE TO Cybersafe247.com Ltd AND Cybersafe247.com Ltd WILL HAVE NO LIABILITY FOR ANY DISCREPANCIES BETWEEN THE INFORMATION AVAILABLE TO Referral Partner AND THE INFORMATION AVAILABLE TO Cybersafe247.com Ltd. Cybersafe247.com Ltd will have no obligation to provide notice to Referral Partner in the event that any Links, Cybersafe247.com Ltd Content, or Software are not being displayed on the Referral Partner Website or are not functioning properly.
12. Compliance and Audit.
Upon request from Cybersafe247.com Ltd, Referral Partner will certify and warrant its compliance with this Agreement, the Referral Partner Campaign terms, and all other terms and conditions of the Program. During the term of the Agreement and for one (1) year thereafter, Cybersafe247.com Ltd will have the right to cause a reasonable audit and/or inspection to be made of Referral Partner’s applicable records and facilities in order to verify Referral Partner’s certification of compliance with all terms and conditions of the Program. Any such audit will be conducted by Cybersafe247.com Ltd corporate internal audit or an independent professional selected by Cybersafe247.com Ltd. Referral Partner agrees to provide Cybersafe247.com Ltd System’s designated audit or inspection team access to the relevant records and facilities. Except as specified in the next sentence, Cybersafe247.com Ltd will be responsible for all costs and fees related to such audits. If such audit reveals that Referral Partner has breached this Agreement, made a false or incomplete certification of its compliance, or taken any improper action to generate Referral Fees or other benefit to Referral Partner, then in addition to promptly refunding any Referral Fees or other benefits receive from or on behalf of Cybersafe247.com Ltd, Referral Partner will be responsible for all costs and expenses incurred by Cybersafe247.com Ltd in conducting such audit, including, but not limited to, any amounts paid to any auditor or attorney.
Referral Partner will fully defend, indemnify and hold Cybersafe247.com Ltd, its subsidiaries, Referral Partners, and suppliers harmless from all claims by third parties arising out of Referral Partner’s participation in the Program, any violation of this Agreement, or relating to the development, operation, maintenance, and contents of Referral Partner’s Web Site, except to the extent that any such claims relate to the Links, the Cybersafe247.com Ltd Content, or the Software in their unmodified forms as provided by Cybersafe247.com Ltd. Referral Partner will pay the amount of any adverse final judgment, award, or settlement, and all attorneys’ fees and costs. Referral Partner may not settle any claim without the consent of Cybersafe247.com Ltd, which may be provided in its sole discretion. At Cybersafe247.com Ltd System’s sole option and at Cybersafe247.com Ltd System’s cost, Cybersafe247.com Ltd may participate in the selection of counsel, defence and settlement of any claim covered by this Section 11.
14. Term and Termination.
The term of this Agreement will begin upon Cybersafe247.com Ltd System’s acceptance of Referral Partner’s application and will end when terminated by either party. Either Referral Partner or Cybersafe247.com Ltd may terminate this Agreement at any time, with or without cause, by giving the other party written or electronic notice of termination. Referral Partner is only eligible to earn Referral Fees during the effective term. Following termination of this Agreement, all licenses granted to Referral Partner under this Agreement will end and Referral Partner will immediately cease all use of all Links, Cybersafe247.com Ltd Content and Software. Sections 1 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 and 22 will survive the termination of this Agreement along with any other terms and provisions of this Agreement that should reasonably survive as well.
15. Relationship of Parties.
Referral Partner and Cybersafe247.com Ltd are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the Parties. Referral Partner will have no authority to make or accept any offers or representations on Cybersafe247.com Ltd System’s behalf. Referral Partner will not make any statement, whether on Referral Partner’s Web Site or otherwise, that reasonably would contradict anything in this Section 15.
Cybersafe247.com Ltd reserves the right to change the terms and conditions of the Program and this Agreement at any time and in its sole discretion, by posting a change notice or a new form Agreement on this Web Site. Modifications may include, for example, changes in the scope of available Referral Fees, fee schedules, payment procedures and Program rules. Referral Partner is responsible for regularly reviewing the terms and conditions of the Program and this Agreement. Referral Partner’s continued participation in the Program, including if applicable, by using the Links and the Cybersafe247.com Ltd Content on Referral Partner’s Web Site, constitutes its acceptance of and agreement to such changes.
17. Extra Terms.
An Advertiser may specify Extra Terms with respect to an Referral Partner Campaign and, if any terms contained in this Agreement conflict with any such Extra Terms, then the Extra Terms for the Referral Partner Campaign will control. Cybersafe247.com Ltd may determine in its sole discretion which Referral Partner Campaigns are offered to Referral Partner.
18. NO WARRANTY.
Cybersafe247.com Ltd MAKES NO WARRANTY. Cybersafe247.com Ltd PROVIDES THE Referral Partner PROGRAM, INCLUDING BUT NOT LIMITED TO THE LINKS, THE Cybersafe247.com Ltd CONTENT, THE SOFTWARE, AND THE APPLICABLE Cybersafe247.com Ltd PROPERTIES “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE,” AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH AFFILIATE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Cybersafe247.com Ltd, ITS Referral Partners, SUPPLIERS AND PROVIDERS (EACH A ” Cybersafe247.com Ltd PARTY”) MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Cybersafe247.com Ltd, ITS Referral Partners, SUPPLIERS AND PROVIDERS DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE Referral Partner PROGRAM, INCLUDING, BUT NOT LIMITED TO THE LINKS, THE Cybersafe247.com Ltd CONTENT, THE SOFTWARE, AND THE APPLICABLE Cybersafe247.com Ltd PROPERTIES WILL BE UNINTERRUPTED OR ERROR-FREE.
19. LIABILITY LIMITATION; AFFILIATES EXCLUSIVE REMEDY.
IN NO EVENT WILL ANY Cybersafe247.com Ltd PARTY BE LIABLE FOR ANY DAMAGES GREATER THAN THE AMOUNT PAID IN REFERRAL FEES HEREUNDER. IN ADDITION, IN NO EVENT WILL ANY Cybersafe247.com Ltd PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR Referral Partner’s PARTICIPATION IN THE PROGRAM, EVEN IF SUCH CyberSafe247 PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER THIS SECTION 19 IS INDEPENDENT OF Referral Partner’s EXCLUSIVE REMEDY PROVIDED BELOW AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF Referral Partner IS DISSATISFIED WITH THE Referral Partner PROGRAM, THE Cybersafe247.com Ltd CONTENT, THE LINKS, OR THE SOFTWARE, OR Referral Partner DOES NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR Referral Partner HAS ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Cybersafe247.com Ltd PARTY WITH RESPECT TO THIS AGREEMENT OR THE Referral Partner PROGRAM, THEN Referral Partner’s SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THIS AGREEMENT AND IMMEDIATE CEASE ALL USE OF THE LINKS, Cybersafe247.com Ltd CONTENT AND SOFTWARE.
20. ADDITIONAL LIABILITY LIMITATION.
WITHOUT LIMITATION, Referral Partner ACKNOWLEDGES AND AGREES THAT Cybersafe247.com Ltd IS NOT RESPONSIBLE OR LIABLE FOR (i) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT Referral Partner’s ACCESS TO OR USE OF THE Cybersafe247.com Ltd PROPERTIES, (ii) ANY INCOMPATIBILITY BETWEEN THE Cybersafe247.com Ltd PROPERTIES AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (iii) ANY DELAYS OR FAILURES Referral Partner MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE Cybersafe247.com Ltd PROPERTIES IN AN ACCURATE OR TIMELY MANNER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS HEREIN APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE Referral Partner OF ANY MANDATORY PROTECTIONS PROVIDED TO Referral Partner UNDER APPLICABLE LAW.
21. Mandatory Arbitration.
Any dispute arising out of or relating to this Agreement, including the breach, termination or validity thereof, will be finally resolved by a sole arbitrator. The arbitration award will be given in writing and will be final and binding on the Parties, not subject to any appeal, and will deal with the question of costs of arbitration and all related matters. All disputes referred to arbitration (including the scope of the agreement to arbitrate, any statute of limitations, set-off claims, conflict of laws rules, tort claims and interest claims) will be governed by the substantive law. The arbitrator will decide any dispute in accordance with the law governing this Agreement, including equity, and may order specific performance, injunctions and other equitable remedies. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including any pleadings, briefs or other documents submitted or exchanged, any testimony or other oral submissions and any awards) will not be disclosed beyond the arbitrator, the parties, their counsel and any person necessary to the conduct of the proceeding, except as may lawfully be required in judicial proceedings relating to the arbitration or otherwise.
22.1 Publicity .
Referral Partner agrees that CyberSafe247 may use its name and logo in press releases, presentations, marketing materials, customer lists, financial reports, and listings of Referral Partners. Referral Partner may use the CyberSafe247 name and logo only as expressly authorized by CyberSafe247.
Each party will own, and have sole control of, all information collected by it from the end users of its Web Sites.
22.3 Independent Contractors.
The Parties are independent contractors with respect to each other hereunder, and nothing in this Agreement will be construed as creating an employer-employee relationship, a partnership, an agency relationship or a joint venture between the Parties.
22.4 Third Parties.
CyberSafe247 may use the services of third parties to perform any or all of its obligations hereunder.
22.5 Governing Law
Attorney’s Fees. This Agreement will be governed by the laws of the State of Nevada, without reference to conflict of laws principles. Referral Partner hereby irrevocably consents to the exclusive jurisdiction and venue of state or federal courts in King County, Washington, USA in all disputes arising out of or relating to this Agreement. In any action to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, costs and other expenses.
Referral Partner may not assign this Agreement, or assign, transfer or sublicense any of its rights hereunder.
22.7 Interpreting the Agreement.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Except as expressly stated herein, this Agreement constitutes the entire agreement between Referral Partner and CyberSafe247 with respect to the Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Referral Partner and CyberSafe247 with respect to the Program. The section titles in the Agreement are solely used for the convenience of the Parties and have no legal or contractual significance.
22.8 Acceptance Required.
Referral Partner’s participation in the Program is subject to CyberSafe247 System’s acceptance of Referral Partner’s registration application and to Referral Partner’s continued compliance with the terms and conditions of this Agreement.
Attachment 1 Restrictions on Content
The pages on Referral Partner’s Web Site will not contain the following restricted content:
Nudity and pornography.
Content promoting illegal activity, including, but not limited to, illegal gambling or illegal contests, pyramid schemes or chain letters or the sale of illegal goods or services.
Potentially defamatory, slanderous, libellous or hate content.
Unattached body parts.
Violations of a third party’s intellectual property rights (including trademark or copyright infringement), or rights of publicity or privacy.
Misleading or fraudulent content.
Violent, bigoted, hate-oriented content.
CyberSafe247 may revise this Attachment 1 from time to time upon notice to Referral Partner.