Songo Affiliate Program Terms of Use

[Last Revised: 29th December 2015]

 

Songo Media Ltd. (“We”, “Us” or the “Company“) welcomes you (“User” or “you“, “your” or “Publisher” or “Advertiser”, as applicable) to our website at www.songo.com (“Site“). Our Site offers publishers, advertisers and other users the ability to learn more about our various products and services (the “Products”, and together with the SONGO CPA Affiliate Program (the “Program”) – the “Services”).

Acceptance of the Terms

By entering to, connecting to, accessing or using the Site, Program and Services you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms“) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Site and you acknowledge that these Terms constitute a binding and enforceable legal contract between the Company and you.

IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE SITE OR ITS SERVICES IN ANY MANNER WHATSOEVER.

  1. The Site
  2. The Site provides you with comprehensive information and resources about our Services and content related thereto (including text, logos, button icons, images, data compilations, code, designs, links, data, graphics and other features (collectively, the “Content”). The Site also provides Publishers and Advertiser that use the Services to access the Program; available through the Publishers’ or Advertisers’ Account (as such term is defined in the Privacy Policy and hereunder). The Site and Services are owned and developed by the Company; you may register and join the Program in order to promote the Company’s Products’.

    PLEASE READ CAREFULLY:
    THE SITE AND SERVICES AND ANY PART OR FEATURE THEREOF ARE PROVIDED “AS IS”. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU, AN END USER OR ANY OTHER PERSON AS A RESULT OR IN CONNECTION WITH YOUR USE OF THE SITE AND SERVICES. YOUR USE OF THE SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON OR THROUGH THE SITE AND SERVICES ARE RESERVED TO THE COMPANY. THE COMPANY DOES NOT, EITHER EXPRESSLY OR IMPLIEDLY, ENDORSE, RECOMMEND OR IN ANY MANNER ASSUME ANY RESPONSIBILITY FOR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE ON THE CONTENT CONTAINED ON THE SERVICES NOR DOES IT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, INJURY AND/OR DAMAGES INCURRED AS A RESULT OR IN CONNECTION WITH SUCH ACTIONS.

  3. Publisher/Advertiser Account and Registration
    1. As part of your application to registration process you will be asked to fill in information regarding you and your company (as specified in the Privacy Policy) and to choose a username and password with which you shall be able to access the applicable Account. THE COMPANY WILL EVALUATE YOUR APPLICATION AND WILL NOTIFY YOU OF THE ACCEPTANCE OR REJECTION OF SUCH APPLICATION. COMPANY RESERVES THE RIGHT TO ACCEPT OR REJECT SAID REGISTRAITION IN ITS SOLE DISCRETION.
    2. The Company may confirm or otherwise verify or check, the truth and accuracy of any registration information provided by you. Any misleading, inaccurate or untruthful registration information may result in the rejection of your application or in the termination of your account and your membership in the Program, your access and use of or any benefits derived from your participation in the Program. The Company may also withhold payment of any commissions or other fees that may be or become due or payable to you (“Prohibit and Limit Your Account“), and the Company shall owe no duties or obligations to you whatsoever.
    3. As a condition of your registration, you represent that your Publishers’ Website, inventory, app and any digital asset thereof or Advertiser’s product, campaign or creative material: (a) is not associated with or does not contain any illegal activity; (b) does not contain any pornographic, obscene, racist, or hateful content, or deceptive advertising, piracy, libelous or defamatory statements; and (c) does not contain any machine-readable code that could be unintentionally downloaded onto a recipient’s computer (such as a worm, virus, Trojan Horse or other self-executing computer program). You also undertake and warrant complying with the applicable license agreement at any time.
    4. The Company may Prohibit and Limit Your Account for any reason or no reason at all, if it determines, in its sole judgment and discretion, that you have failed to comply with any part of these Terms, or that you are engaged in a fraudulent or otherwise unlawful, criminal or improper activities (including money laundering), and the Company shall owe no duties or obligations to you whatsoever.
    5. Once and if applied, you agree and understand that the aforesaid Account belongs to you and as such, you agree: (a) to keep your password secure and confidential; (b) not to permit others to use the Account; and (c) not to transfer or assign the Account’s password, even temporarily, to a third party. You are solely responsible for all anything that happens in the Account until your agreement ends and you acknowledge and agree that we cannot and will not be liable to you or any third party for any loss or damage arising from your failure to comply with this agreement or from any unauthorized use of the applicable Account or any other breach of security pertaining to said Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. You acknowledge and agree that we may provide information about you (including the information available in the Publisher/Advertiser Account), to the extent that we are required to do so in connection with or in relation to any legal process or in accordance with any applicable rules, regulations and law.
  4. You are solely and fully responsible for maintaining the confidentiality of the password and username of Your Account and for all activities that occur under your Account.

    If you wish to either change your user name or password or to cancel and remove your Publisher or Advertiser Account from you may do so through the setting panel in the Program or by contacting us at: contact@songocpa.com with such specific request.

  5. Third-Party Providers
  6. As part of the Services, we may make available the Company Products as well as the applicable third-party products or services, including, software, applications, subscription programs and advertisements or features, digital inventory and applicable distribution services (“Third-Party Services”). Any use by you of Third-Party Services, and any exchange of data between you and any Third-Party Services provider, is solely between you and the applicable Third-Party Services provider. We have no control of and are not responsible for any Third-Party Service or any content provided therein. You assume all responsibility and risk of use of any Third-Party Services and we hereby disclaim any and all liability to you or any third party related thereto. We do not have any obligation to monitor any materials or content that is available in your applicable Account.

    It is further agreed that you have no authority to create or assume in Company’s name or on its behalf any obligation, express or implied, or to act or purport to act as its agent or representative for any purpose whatsoever.

  7. Use Restrictions
  8. There are certain conducts which are strictly prohibited when using the Site and Services. Please read the following restrictions carefully. Your failure to comply with the provisions set forth herein may result (at the Company’s sole discretion) in the termination of your access to the Account and the Services (or any part or feature thereof) and may expose You to civil or criminal liability.

    You may not, whether by Yourself or anyone on Your behalf: (i) copy, modify, adapt, publicly display, perform, distribute, create derivative works from, emulate, translate, reverse engineer, decompile, disassemble or otherwise use any portion of the Content made accessible by the Company on or through the Site, other than as permitted under the Terms and as intently featured and enabled through the Site and Services; (ii) make any use of the Site or Content on any other application, website or networked computer environment for any purpose, or replicate or copy the Content without the Company’s prior written consent; (iii) create a browser or border environment around the Content or Site (no frames or inline linking), other than as permitted under the Terms and as intently features and enabled through the Site; (iv) interfere with or violate any other Site visitor’s or Services User’s right to privacy or other rights, or harvest or collect personally identifiable information about Site visitors or Users of the Services without their express and informed consent, including using any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, or data-mine; (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others; (vi) transmit or otherwise make available in connection with the Site, Services or Content any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vii) interfere with or disrupt the operation of the Site, the Services, or the servers or networks that host or connect with the Site or Services and/or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks; (viii) sell, license, or exploit for any commercial purposes any use of or access to the Site, the Services or Content other than as permitted under the Terms and as intently featured and enabled through the Site; (ix) frame or mirror any part of the Site and/or Services without Company’s prior express written authorization; (x) create a database by systematically downloading and storing all or any of the Services or Content from the Site, other than as intently permitted and enabled through the Site or Services; (xi) forward any data generated from and/or in connection with the Site or Services without the prior written consent of the Company, other than as permitted under the Terms and as intently featured and enabled through the Site or Services; (xii) transfer or assign your Accounts’ password, even temporarily, to a third party; (xiii) use the Site or Services for any illegal, immoral or unauthorized purpose; (xiv) remove, or disassociate, from the Content or Services any copyright, trademark or other proprietary notices contained in such materials (such as ©,™, or ®); or (xv) infringe or violate any of the Terms.

  9. Privacy Policy
  10. The Company respects your privacy and is committed to protect the information you share with it. We believe that you have a right to know our practices regarding the information we collect when you connect to, access or use the Site. Our policy and practices and the type of information collected are described in our Privacy Policy. If you intend to connect to, access or use the Site you must first read and agree to the Privacy Policy.

  11. Minors
  12. You represent and warrant that You: (a) are of a legal age according to the applicable laws and regulations of the country in which You reside or from which you access the Site and Services, and in any event are not under the age of 13; (b) are not currently restricted from using the Site and Services, or not otherwise prohibited from having an account with us; and (c) will only provide Us with accurate information in connection with your use of the Services.

  13. Trademarks and Trade names
  14. The Company’s marks and logos and all other proprietary identifiers used by the Company in connection with the Company, the Site, the Services or the Content (“Company Trademarks”) are all trademarks or trade names of the Company, whether or not registered. No right, license, or interest to the Company Trademarks is granted hereunder, and you agree that no such right, license, or interest shall be asserted by you with respect to the Company Trademarks and therefore you will avoid using any of those marks, except as permitted under the Terms or explicitly permitted and enabled through the Site.

  15. Availability
  16. The Site and Services availability and functionality depends on various factors, such as communication networks. The Company does not warrant or guarantee that any of the Sites will operate or be available at all times without disruption or interruption, or that it will be error-free.

  17. Changes to The Site
  18. The Company reserves the right to modify, correct, amend, enhance, improve, make any other changes to, or discontinue, temporarily or permanently, the Site or Services, without notice, at any time. In addition, you hereby acknowledge that the Content or features included or provided under the Site or Services may be changed, extended in terms of functionality, content or form, or removed at any time without any notice to you or to any third party. You agree that the Company shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site, Services or Content.

  19. Disclaimer and Warranties
  20. THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OF THE CONTENT OR FEATURES AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION THAT THE RESULTS OF USING THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS).THE CONTENT, THE SERVICES OR THE SITE MAY INCLUDE INACCURACIES OR ERRORS. THE COMPANY DOES NOT GUARANTEE THE ACCURACY OF, AND DISCLAIMS ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE CONTENT, THE SERVICES OR SITE. THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE CONTENT, SERVICES OR SITE FOR ANY PURPOSE.THE SITE, THE SERVICES OR THE CONTENT ARE ALL PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, RELIABILITY OR QUALITY OF PRODUCT, WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. THE COMPANY DISCLAIMS AND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE CONTENT, THE SERVICES OR SITE, INCLUDING, WITHOUT LIMITATION, ANY USE THEREOF. THE COMPANY DOES NOT WARRANT THAT THE OPERATION OR USE OF THE SITE OR SERVICES ARE OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF VIRUSES, WORMS, OTHER HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS.

    YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SITE OR THE CONTENT ARE ENTIRELY AT YOUR OWN RISK AND THE COMPANY SHALL HAVE NO LIABILITY RELATING TO SUCH USE.

  21. Limitation of Liability
  22. IN NO EVENT SHALL THE COMPANY, INCLUDING ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND ITS AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE CONTENT, THE SERVICES OR THE SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTIONS RESULTING FROM OR ARISING OUT OF THE CONTENT OR SERVICES OR THE USE OR INABILITY TO USE THE SITE OR SERVICES, OR FAILURE OF THE SITE OR SERVICES TO PERFORM AS REPRESENTED OR EXPECTED, LOSS OF GOODWILL OR PROFITS, THE PERFORMANCE OR FAILURE OF THE COMPANY TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF THE COMPANY BY ANY OTHER CAUSE WHATSOEVER; OR BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, REGARDLESS OF WHETHER THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER ANY DAMAGES OR LOSS WERE INCURRED BY YOU, AN END USER OR ANY OTHER THIRD PARTY.

  23. Indemnification
  24. You agree to defend, indemnify and hold harmless the Company from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of the Site, the Services or the Content; (ii) your violation of any term of the Terms; (iii) any damage of any sort, whether direct, indirect, special or consequential, you may cause to any third party which relates to your use of the Site, Services or Content, your violation of any third party rights, without limitation any damages resulting from or in connection with the infringement of any third party’s right to privacy as a result of your use of the Site, Services or Content in contrary to any applicable laws and regulations; or, any damages resulting from or in connection with your failure to adhere to any of the terms and conditions specified in the Privacy Policy; (iv) any information that you or anyone using your Account may submit or access in the course of using the Site or Services (including but not limited to any information that you may provide us not in accordance with your obligations under Section ‎‎3); or (v) your violation of any applicable law in connection with the Site or Services.

  25. Amendments to the Terms
  26. The Company may change the Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes of the Terms on the homepage of the Site or we will send you an email regarding such changes to the email address that you provided in the registration form. Such substantial changes will take effect seven (7) days after such notice was provided on our Site or sent by email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Site after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes.

  27. General
  28. The Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and the Company. Any claim relating to the Site or Services or use thereof will be governed by and interpreted in accordance with Laws of the State of New-York, USA, without regard to its conflicts of law principles or provisions, and shall be subject to the exclusive jurisdiction of the authorized courts of Manhattan, New-York State, USA, to the exclusion of any other court. If any provision of the Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, sublicense or otherwise transfer any or all of your rights or obligations under the Terms without the Company’s prior express written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. The Terms are the entire terms and conditions between you and the Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and the Company. Notices to You may be made via email or regular mail. Without limitation, You agree that a printed version of the Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

  29. For information, questions or notification of errors, please contact:
  30. If you have any questions (or comments) concerning the Terms, you are most welcomed to send us an email to contact@songocpa.com or use the Contact Us page and we will make an effort to reply within a reasonable timeframe.