7. Appzoola’s Obligations
Appzoola agrees to undertake the following obligations:
7.1) provide all information necessary to allow the Affiliate to make necessary the Link from the appzoola.com website to the Affiliate’s site,
7.2) process all orders for Appzoola products or services placed by a referral following the Link,
7.3) track the number and amount of relevant sales generated through the Link,
7.4) provide information to you regarding commission payments,
7.5) credit card authorisations, payment processing, cancellations, returns, and all other related customer service for Appzoola for the purpose of our business, and
7.6) establishing the commission balance threshold, payment frequency and payouts of earned commissions as contained in Section 6 of this Agreement.
8. The Affiliate’s Obligations
The Affiliate agrees to be solely responsible for the following and shall keep Appzoola fully indemnified in respect of:
8.1) the content of the Affiliate’s site or any site that they may be connected to,
8.2) any misrepresentation of Appzoola or its products or services,
8.3) making of any false claims, representations or warranties in connection with Appzoola,
8.3) ensuring that your site and your products and services that you offer from your site comply with all applicable copyright, trademark, any intellectual property right, Data Protection, anti-spam or any other applicable law,
8.4) obtaining permission to use another party’s copyrighted or any other proprietary material,
8.5) the development, operation and maintenance of the Affiliate’s site and for all materials that appear on it. For the purposes of this Agreement this shall include but not be limited to, the technical operation of your site and all related equipment; the accuracy and propriety of materials posted on your site; and ensuring that materials posted on your Site do not violate or infringe upon the rights of any third party and are not libellous or otherwise unlawful or illegal. Appzoola hereby disclaim all liability for all such matters,
8.6) Affiliates also agree to indemnify and hold harmless Appzoola, its parent company, sister companies, subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, expenses, and costs insofar as such arise out of or are based on, or in any way connected with this Agreement.
8.7) complying with all applicable EU- and national laws and regulations in force from time to time this shall include, but not be limited to, the EU-directive 2002/58/EC, and
8.8) the payment of all tax and national insurance payable on any payments made to you by Appzoola.
9. Right to Name as a Reference Customer
9.1) Affiliates shall not create, publish, distribute, or permit any written or graphical material that makes reference to Appzoola other than those mentioned in this Agreement or otherwise provided by Appzoola, without the prior written consent of Appzoola.Appzoola reserves the right to refuse any request for consent under this Agreement.
10.1) Appzoola grants to the Affiliate a non-exclusive, non-transferable, revocable right to access the appzoola.com site through the Link solely in accordance with the terms of this Agreement. This license shall be used solely in connection with the Link, and it will extend to the use of our logos, trade names, trademarks and similar identifying material relating to Appzoola and which Appzoola shall provide to the Affiliate, for the sole purpose of establishing the Link to appzoola.com so customers can purchase Appzoola products and services.
10.2) Affiliates cannot modify or change the Link or any other materials provided by Appzoola in any way.
10.3) Other than establishing the Link, the Affiliate shall not make any use of any of the licensed materials noted in the aforementioned paragraph provided by Appzoola without first obtaining the prior written consent of Appzoola. Affiliates shall not use the Licensed Materials in any manner that is inappropriate or that is in any way detrimental to the Appzoola brand or any other brands.
10.4) Appzoola reserves all of its rights in the materials provided and all of its other proprietary rights. Appzoola shall be entitled to revoke this license to use the Link or the materials at any time and at its sole discretion.
10.5) The licenses described in this Section shall expire upon the termination of this Agreement.
10.6) Any inappropriate use of the Link, text, banners or other advertisements not expressly approved of in writing or provided by Appzoola may be cause for immediate termination of this Agreement.
11. Terms of the agreement
11.1) The terms of this Agreement will begin upon your signup with the Programme and will end when your affiliate account is terminated.
112.1) Appzoola reserves the right to modify or otherwise change the terms of this Agreement at any time as it sees fit. Appzoola shall make such modifications by way of publishing revised terms on the Site. Affiliates only remedy in the event of revised terms of this Agreement being published shall be to terminate this Agreement. An Affiliate shall be deemed to have accepted of any modification to this Agreement as published from time to time.
13. Limitation of Liability
13.1) Appzoola shall not be liable to the Affiliate or to any other person, for indirect, incidental, or special damages, lost profits, loss of goodwill, lost savings, or any other form of consequential damages, regardless of the form of action, even if Appzoola has been advised of the possibility of such damages, whether resulting from breach of its obligations under this Agreement or otherwise.
13.2) Appzoola’s entire liability in respect of any liability arising under this agreement will not exceed the total commission fees paid or payable to the Affiliate under this Agreement.
13.3) Appzoola makes no warranties, either express or implied, concerning the performance or functionality of the Appzoola services, or the Programme as a whole. This includes but is not limited to the Link or any other affiliate advertisements and hereby expressly disclaims all implied warranties, including warranties of merchantability or fitness for a particular use or purpose.
13.4) Appzoola shall under no circumstances be liable to the Affiliate or to any other person or entity for any loss, injury, or damage, of whatever kind, resulting from or arising out of any mistakes, errors, omissions, delays, or interruptions in the receipt, transmission, or storage of any messages or information arising out of or in connection with the Programme or Appzoola.
14.1) This Agreement is governed by, and is construed in accordance with the laws of England and Wales.
14.2) The Courts of England and Wales shall have jurisdiction to hear any disputes arising from this Agreement.
14.3) Appzoola shall not be liable for the legality of Appzoola service in countries other than the United Kingdom.
14.4) Affiliates are solely responsible for the legality of the use of the service if the Affiliate in question is registered to Appzoola service from a country other than the United Kingdom or if the Affiliate’s website is on a server in a country other than the United Kingdom.