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Merchant Terms & Conditions
HMA! Affiliate Programme terms of service
These terms apply to participants in the HideMyAss.com Affiliate Programme (the “Programme”).
These terms explain how Privax Limited operates the Programme and the ways that you are permitted to take part in the Programme.
Please read these terms carefully before joining the Programme. By joining or taking part in the Programme, you indicate that you accept these terms and that you agree to abide by them
You will be asked to confirm this when registering to HMA! affiliate program.
1. About us, these terms and the Programme
Hidemyass.com and the Programme are both operated by Privax Limited (referred to as “we”, “us” and “our”). We are a company registered in England under company number 07207304 and have our registered office at the 7th Floor, 110 High Holborn, London WC1V 6JS.
If you have any questions regarding these terms, you can contact us by email at: firstname.lastname@example.org.
The Programme allows any person or company to earn fees from referring customers to Hidemyass.com (“our site”). Referral fees will be generated when a new customer referred by an affiliate purchases a subscription package to use our site (a “Subscription”).
Changes to these terms: We may revise these terms by posting an updated version to this web page to reflect changes in market conditions affecting our business, changes in technology or our business model, changes in relevant laws and regulatory requirements, and changes in our systems.
Shall any changes arise we will prompt you to accept revised terms and conditions.
2. Enrolment in teh Programme
By joining the Programme you confirm that:
you have enrolled on the Avangate Affiliate Programme; and
by accessing and using our site and the services on our site, and taking part in the Programme you are complying with all applicable laws and regulations in the country in which you are located.
you are not directly or indirectly operating a competing VPN service (although you may be an affiliate or promoter of competing VPN services)
3. Our relationship with you
Nothing in these terms shall constitute, or be deemed to create, a partnership between you and us; nor, except as expressly provided, shall it designate, or be deemed to designate, either you or us as the agent of the other for any purpose.
Subject to any express provisions to the contrary in these terms, you shall have no right or authority to and shall not do any act, enter into any contract, make any representation, give any warranty, incur any liability, assume any obligation, whether express or implied, of any kind on our behalf or bind us in any way.
4. Display of Pricing Information
As an affiliate, you are free to display pricing and other information relating to our Subscriptions. It is your responsibility to keep such information up-to-date through your own efforts; although we may inform you prior to any pricing alterations we have no obligation to do so.
We reserve the right to alter pricing at any time in accordance with our own policies.
We undertake to use our best and reasonable endeavours to process and fulfil all orders for Subscriptions placed by referred customers generated by you.
We reserve the right to reject any orders that do not comply with the customer referral requirements detailed in Clause 7 of these terms.
It shall be our full responsibility to ensure that all orders are completed and that the provision of services is undertaken in accordance with our customer terms and conditions. We shall be responsible for order entry, payment processing, cancellations and all subsequent customer service. You shall have no further involvement with the customer or the completion of the transaction and all customers will be made aware of the same.
Our affiliate commission rates are displayed on our site and we may change these rates and our prices at any time without notice to you. Your commission from renewing orders may not exceed four times the commission earned from new orders unless otherwise agreed by us in writing.
Before making any payments, we reserve the right to review your account to ensure compliance with these terms. For the avoidance of doubt, we shall have no obligation to make payments to affiliates who are in breach of these terms. Where it is not clear to us how you are referring customers to our service, we will require you to provide to us such information before we make a payment to you.
6. Promotion of Affiliate links
You may not use the following methods to sell or promote Subscriptions:
Email SPAM: sending unsolicited marketing email. However, you may send emails to people you know or who have given you permission to send them marketing emails for products and services similar to HideMyAss.com;
Comment SPAM: posting referral links on blogs, message boards and forums in cases where the discussion or content is not related to the services we offer. However, you may advertise your referral link on websites which are discussing VPN/proxy services or in a forum signature. You should never use automated bots to post comments containing your affiliate link;
Black Hat techniques: using “Black hat” SEO marketing on your website, such as keyword stuffing, invisible text or doorway pages;
Incentives: offering incentives to user such as cash back or other rewards, except where facilitated by features on our site;
Use of banned keywords: bidding on any online advertising system (such as Google Adwords) for the following keywords and any variation or misspelling:
You may not place your affiliate links on any website which contains content which is:
unlawful, harmful, threatening or otherwise objectionable;
facilitates or promotes illegal file sharing, copyright infringement or computer hacking;
facilitates or promotes any other criminal activity or breach of civil law.
You may not use your affiliate link to order Subscriptions for yourself.
7. Intellectual Property
Unless otherwise expressly indicated we are the sole and exclusive owners of all intellectual property rights (“IP Rights”) in our site including, but not limited to: all code, text, sound, video, graphics, photographs and other images that form a part of the site.
We shall be the sole and exclusive owners of all IP Rights which may subsist in all future updates, additions and alterations to our site.
By admitting you into the Programme, we grant to you a non-exclusive, non-transferrable, royalty free licence to use our trade marks, “HMA!”, “Hidemyass” and “Privax” (our “Trade Marks”).
You may use our Trade Marks only to the extent required to establish links and perform your obligations as an Affiliate under these terms(e.g. to illustrate an article or a link). Examples of prohibited activity include: placing affiliate links on a website which uses one or more of our Trade Marks in its domain name (e.g. www.HideMyAssVoucher.com) or on a website which could give the impression it is operated by us. If you use any videos produced by us, you may not edit such videos or any links embedded within them.
In the event that you wish to use our Trade Marks for any purposes outside of these terms you must not do so without our prior written consent, which consent shall be at our sole discretion.
By accepting these terms you hereby agree that:
our Trade Marks shall remain the property of Privax Limited unless and until we assign those marks to a third party;
nothing in these terms shall be deemed to confer any ownership rights in our Trade Marks on you; and
you shall not contest the validity of our Trade Marks.
By accepting these terms you agree that you shall indemnify us in full against all liability, loss, damages, costs and expenses (including legal expenses) awarded against or incurred or paid by us as a result of, or in connection with:
breach of any warranty given by you in relation to your website;
any claim that your website infringes the patent, copyright, trade mark or other intellectual property rights of any other person, except to the extent that the claim arises from compliance with any terms stipulated by us; and
any act or omission by you or your employees, agents or sub-contractors in performing your obligations under these terms.
We shall not be liable to you for any indirect or consequential loss that you may suffer even if such loss is reasonably foreseeable or if we have been advised of the possibility of such loss being incurred.
Our entire liability to you in respect of any breach of our contractual obligations, any breach of warranty, any representation, statement or tortious act or omission including negligence arising under or in connection with these terms shall be limited to $250.
Notwithstanding any other provision in these terms, our liability to you for death or injury resulting from our own negligence or that of our employees, agents or sub-contractors shall not be limited.
9. Term and termination
This agreement will come into force when your application to join the Programme is approved by us, and shall continue in force unless and until either you or us notifies the other in writing that it wishes to terminate this agreement, in which case this agreement will be terminated immediately.
For the purposes of notification of termination, delivery via e-mail is considered a written and immediate form of notification.
Notwithstanding the other provisions of this clause, we may immediately terminate this agreement without notice if we determine, at our sole discretion:
that you or any of your referred customers are engaged in fraud or are suspected of being engaged in fraud;
that we have doubts in respect of your true identity and that you are unable to provide us with appropriate identification to effectively verify your identity;
that any of your activities pose a risk to the integrity of the Programme; and/or
that your site contravenes the provisions of clause 7 above.
you are no longer compliant with or have otherwise breached the Programme joining conditions set out in section 2
Communications: The terms are in English, and any contract and other communication between you and us shall be in English. The law requires that some of the information or communications we send to you is in writing. You accept that communication with us will be mainly electronic, through our site or by e-mail, and that this constitutes written communication.
When contacting you we will use the telephone, e-mail or postal address you provide to us when registering, or any replacement to those details that you have entered into your account on our site.
Any official communication or notice from you to us should be sent to our postal and e-mail addresses shown in Clause 1.
Entire agreement: These terms and the material referred to in the terms: (i) set out the entire agreement between you and us regarding HMA! affiliate program; (ii) supersede all previous or contemporaneous representations, agreements or communications between you and us regarding our site or the Programme. We will not be bound by any obligation, condition or other provision that is different from or in addition to those set out in these terms unless authorised by one of our directors and specifically stated to be a variation to these terms.
Invalid terms: If any part of these terms is found to be invalid or unenforceable, the remainder of the terms shall not be affected.
Third parties: A person who is not party to these terms shall not have any rights under or in connection with them, under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
Transfer of rights and obligations: The contract between you and us (as set out in these terms) is binding on you and us and on our respective successors and assignees. You may not transfer, assign, charge or otherwise dispose of your contract with us, or any of your rights or obligations arising under it, without our prior written approval. We may transfer, assign, charge, sub-contract or otherwise dispose of our contract with you, or any of our rights or obligations arising under it, at any time.
Delays in enforcement: If we fail to insist upon strict performance of any of your obligations, or if we fail to exercise any of our rights or remedies, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.
Laws and disputes: These terms, the formation of the contract between us, use of our site, use or our services, and any dispute or claim arising out of any of them (including non-contractual disputes or claims), are governed by the laws of England. All disputes between us shall be decided only by the courts within the United Kingdom, except that we may enforce any judgement anywhere in the world where you may have assets or be located.