Introduction

Welcome to the Cardtapp, Inc. Affiliate Partner Program. This program is designed to be free to join, easy to sign up for, and doesn’t require any technical knowledge. The foregoing “Terms and Conditions” are a legal Agreement between You and Cardtapp, Inc. This Agreement contains the complete Terms and Conditions that apply to You becoming a Member of Cardtapp, Inc.’s Affiliate/Partnership Program. By submitting the online application to join the Program You are agreeing that You have read and understood the Terms and Conditions of this Agreement and your agreement to be legally bound by these Terms and Conditions.

This Agreement does not create an exclusive agreement between You and Us. Both You and We will have the right to recommend similar products and services of third parties and to work with other parties in connection with similar services and products of third parties.

Definitions

Enrollment

To enroll in the program, you must create an account with us. You need to provide valid, accurate, and complete information about yourself or your company. Once your application is accepted, an account will be established for you. We reserve the right to reject your application for any reason without providing an explanation.

Account

You are responsible for keeping your password safe and not sharing it with others. The account is for your exclusive use and cannot be transferred to any third party. You can change your account credentials or close your account at any time by contacting us. We reserve the right to suspend or terminate your account at any time if we believe that you have violated the terms of this agreement.

Privacy Policy

We respect your privacy. Please refer to our Privacy Policy for more information on how we handle your information. By entering your account, you confirm your consent to the terms of our Privacy Policy.

Commissions and Payments

Affiliate Conduct

You agree to conduct your marketing activities in a lawful manner and in compliance with generally accepted advertising practices. You also agree not to deceive potential customers or use email spam mechanisms. Your promotional activities should not be inaccurate, deceptive, or contain misleading claims about any of our products, policies, promotions, or prices. You also agree not to use any harmful piece of code, advertise to people who are younger than 18 and not eligible to use our products, or contain any materials that are obscene, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory.

Promotional Limitations

You are prohibited from using paid search placement, such as an advertisement that you purchased through bidding on keywords, search terms, or other identifiers of Cardtapp, Inc. You are also not allowed to use any of Cardtapp, Inc.’s trademarks as part of your domain name or top-level domain name. You are not allowed to use the tracking link made available to you by us to purchase any Cardtapp, Inc. products or services for your personal or commercial use of any kind.

License: Promotional Materials

We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use and display our promotional materials in connection with the program and this agreement. You agree to use the promotional material we made available to you, without altering them, and only in connection with the program and this agreement.

Proprietary Rights

No license to any of our products, services, software, and IP in general is granted by this agreement, other than licenses explicitly granted in our Terms of Service and this agreement.

Confidentiality

All confidential information disclosed by either party must be protected and not used for any purpose outside the scope of this agreement. Any information regarding your business relationship with us is not available for the general public and should be considered as “Confidential Company information”. You cannot share any “Confidential Company information” without our written consent except when it is required by laws.

Consent to receive communications in electronic form

By joining the program, you consent to receive communications from us in an electronic form via the email address you have submitted or the Affiliate/Partner Manager messaging/notification tools.

Please note that these terms and conditions are subject to change at any time, and you should check them periodically. Your continued participation in the program following any changes signifies your acceptance of these changes.

REPRESENTATIONS AND WARRANTIES; LIMITATION OF LIABILITY

Each of us hereby represents and warrants that: it has full power and authority to enter into this Agreement and to perform its obligations hereunder; it has obtained all permits, licenses, and other governmental authorizations and approvals required for its performance under this Agreement; the services to be rendered by each of us under this Agreement neither infringe nor violate any patent, copyright, trade secret, trademark, or other proprietary right of any third party.
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Cardtapp, Inc will remain solely responsible for the operation of the Cardtapp, Inc website, and you will remain solely responsible for the operation of your site. Each party acknowledges that their respective sites may be subject to temporary downtime due to causes beyond their reasonable control subject to the specific terms of this Agreement, retains sole right and control over the programming, content and conduct of transactions over its respective site or service.

EACH PARTY SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING (i) THE AMOUNT OF SALES THAT CARDTAPP, INC AND ITS NETWORK OF MOBILE APPLICATION WEBSITES MAY GENERATE DURING THE TERM, AND (ii) ANY ECONOMIC OR OTHER BENEFIT THAT THE OTHER PARTY MIGHT OBTAIN THROUGH ITS PARTICIPATION IN THIS AGREEMENT.

NEITHER CARDTAPP, INC NOR AFFILIATE WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA) ARISING OUT OF THIS AGREEMENT. CARDTAPP, INC’S ENTIRE LIABILITY ARISING FROM THIS AGREEMENT WHETHER IN CONTRACT OR TORT, WILL NOT EXCEED THE AMOUNTS PAYABLE TO AFFILIATE HEREUNDER.

FULFILLMENT AND POLICY

Cardtapp, Inc will be solely responsible for fulfilling all orders for its products and payment processing, and customers who buy products through the Affiliate Marketing Program will be deemed customers of Cardtapp, Inc. Accordingly, all rules, policies, operating procedures and information concerning customer orders and sales will apply to those customers, including our rules of privacy and confidentiality. We may change our policies and operating procedures at any time, without notice.

INTELLECTUAL PROPERTY RIGHTS

Cardtapp, Inc hereby grants to you during the Term a non-exclusive, non-transferable, royalty-free license to establish hyperlinks between yours and our Web Sites and to use Cardtapp, Inc’s trade names, logos, trademarks and service marks (the “Cardtapp, Inc Marks”) on your site solely as is reasonably necessary to establish and promote such hyperlinks and to otherwise perform your obligations under this Agreement; provided, however, that any other promotional materials or usages containing any of the Cardtapp, Inc Marks will be subject to Cardtapp, Inc’s prior written approval.

INDEMNIFICATION

Cardtapp agrees to indemnify, defend and hold harmless Partner and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of our site, a breach of our obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials provided by us for display on Partner’s site.

Partner agrees to indemnify, defend and hold harmless Cardtapp and our affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorney’s fees) relating to the operation of your site, a breach of your obligations under this Agreement, or the violation of any third party intellectual property rights of editorial content or other materials of your site.

GENERAL PROVISIONS

Partner and Cardtapp will each monitor and periodically test the general availability and operation of our respective Website. Partner and Cardtapp are entering this Agreement as independent contractors, and nothing will be construed to create a partnership, agency, joint venture or employment relationship between Partner and Cardtapp.

In its performance of this Agreement and in the operation of each party’s respective Websites, Partner and Cardtapp each will comply with all applicable laws, regulations, orders and other requirements, now or hereafter in effect, of governmental authorities having jurisdiction. Without limiting the generality of the foregoing, Partner and Cardtapp each will pay, collect and remit such taxes as may be imposed with respect to any compensation, royalties or transactions under this Agreement.

Neither Partner nor Cardtapp will be considered to be in breach of or default under this Agreement on account of any delay or failure to perform as a result of any causes or conditions that are beyond our respective reasonable control. If any force majeure event occurs, the affected party will give prompt written notice to the other and will use commercially reasonable efforts to minimize the impact of the event.

This Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of Washington. Any action arising hereunder will be brought in the federal or state courts, located in Washington.

Any notices under this agreement will be given in writing. Notices may be given by electronic mail and will be deemed delivered and given for all purposes on the sent date, but only if the receiving party has confirmed its receipt by return electronic mail. Notices sent via traditional means will be sent via certified mail, return receipt requested.

Notices to Cardtapp, Inc will be sent to:

Cardtapp, Attention: Affiliate Marketing Program

1420 NW Gilman Blvd

Suite 2 #8019

Issaquah, WA 98027

Partner may not assign this Agreement, in whole or in part, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.

The failure of either Partner or Cardtapp to enforce any provision of this Agreement will not constitute a waiver of the right to subsequently enforce the provision. Any remedies specified in this Agreement are in addition to any other remedies that may be available at law or in equity.

This Agreement represents the entire Agreement between you and us with respect to the subject matter hereof and supersedes any other oral or written agreements regarding such subject matter, and may be amended or modified only by a written instrument signed by a duly authorized agent of each party.

If any provision of this Agreement is declared by any court of competent jurisdiction to be illegal, void or unenforceable, all other provisions of this Agreement will not be affected and will remain in full force and effect.