The Agreement governs the relationship between webmasters (hereinafter referred to as the "Affiliate") and Family Train Inc., with registered address at First Floor, Mandar House, Johnson's Ghut, P. O. Box 3257, Road Town, Tortola, British Virgin Islands (hereinafter referred to as the "Company") regarding advertising, marketing, or promoting the Company's Services.
By creating an account at the Company's Services, the Affiliate gives their consent to and accepts the following Agreement.
IF YOU DO NOT ACCEPT AND AGREE TO THE TERMS THEN YOU MUST NOT ACCESS OR USE THE COMPANY'S SERVICES.
Definitions
Company's Services: Website(s), app(s) or web service(s) owned, operated, or controlled by the Company or its subsidiaries, including the White Label Services developed, maintained, or hosted by the Company or its subsidiaries.
White Label Service is a web service developed, maintained and/or hosted by the Company being its promotional tool used by the Affiliate for further advertising, marketing and/or promotion of the live webcam site(s) operated by the Company. White Label Service is offered as is and the Affiliate is obliged to accept it on an "as is" basis.
Program: All marketing and promotional goals established by the Company as well as its subsidiaries and partners, and to their respective set of rules, benefits, revenues, and corresponding obligations arising from the execution of the present Agreement, namely pertaining to the use of marketing tools offered on the Company's Services, including the White Label Services, and in compliance with rules and regulations inherent to their use, as well as any means used to promote the Company's Services, the Affiliate being bound by the principles and provisions set forth in the present Agreement.
Program Participant: Any Affiliate participating in the Program under this Agreement.
1. Purpose
1.1. The Affiliate has a non-exclusive right to redirect, refer or send visitors or users of their website(s) or the White Label Services to the Company's Services. The Affiliate has no obligation of any kind to exercise such non-exclusive right under the present Agreement.
1.2. The Affiliate has a limited, non-exclusive, nontransferable, and revocable right to access, download, and use promotional banners, hypertext links, and other promotional materials created by the Company to be used on the Affiliate's website(s) or the White Label Services for the exclusive purpose of advertising, marketing or promoting the Company's Services or services provided through the Company's Services; however, the licence herein granted will automatically and immediately cease upon termination or breach of any term of this Agreement.
1.3. It is expressly agreed between the Parties that the use of promotional materials by the Affiliate on the White Label Services under this Agreement is not subject to any kind of counterparty from the Company to the Affiliate, other than as described in Clause 6 below. Remuneration as provided in Clause 6 takes into account the use of the Affiliate's name and/or brand on a White Label Services, as the case may be, by the Company.
1.4. The Affiliate will remain a Program Participant until (1) the Affiliate terminates participation in the Program by notifying the Company at the following e-mail address: [email protected]; or (2) the Company terminates, with immediate effect, the Affiliate's participation in the program, with or without justification, by means of notice to the Affiliate's e-mail address used for contact information. Neither party may be held liable if it cannot have access to the other party's e-mail address due to any cause, which could not be acknowledged by the notifying party at the time of the notification.
1.5. Nothing herein will be construed as a grant or assignment of any rights to any intellectual property owned by the Company, including, without limitation, any and all of its trademarks or service marks, except as provided in Clause 1.2 above.
1.6. All Program materials, including, but not limited to, all advertising banners, hypertext links, photographic materials, recordings, video, sound, and any form of intellectual property rights on such materials provided to the Affiliate by the Company as part of this Program will remain the property of the Company and may not be copied or reproduced, altered, modified or changed, broadcast, distributed, transmitted or disseminated, sold or offered for sale, in any manner, at anytime, anywhere in the world, except as expressly authorised in by this Agreement in writing by the Company.
1.7. The use of any promotional or other kind of Program materials and/or Program provided by the Company to the Affiliate under this Agreement is at the sole responsibility of the Affiliate and has to be used on an "as is" basis. The Company disclaims all warranties, either expressed or implied including, but not limited to, warranties of merchantability and fitness for a particular purpose, with regard to the Program as well as any and all materials of every kind supplied to the Affiliate as part of this Program. The Affiliate hereby expressly undertakes to hold the Company harmless from any related liabilities concerning the use of mentioned materials by the Affiliate, including holding the Company harmless from any third party's claims related to the infringement of intellectual property rights, or if the use of such materials is forbidden under the local laws of the Affiliate.