Last Modified: May 5th, 2020
These Terms of Service and any terms expressly incorporated herein (these “Terms”) are entered into by and between you and Privacy Bee, LLC (Privacy Bee) and govern the terms of Privacy Bee’s affiliate program (Hive)
BY SUBMITTING AN APPLICATION TO PARTICIPATE IN THE AFFILIATE PROGRAM (“Services”), YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS; (B) REPRESENT THAT YOU ARE OF SOUND MIND AND OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT (18 YEARS OF AGE OR OLDER); AND (C) ACCEPT AND AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS.
IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT SUBMIT AN APPLICATION, AND DO NOT ACCESS OR USE THE SERVICES.
1. Modification to These Terms.
We may modify these Terms by providing notice of such changes, such as by sending you an email, providing notice through the Services, or updating the “Last Updated” date at the top of these Terms. By clicking on an “I Agree” button or checkbox presented with the modified Terms, or by continuing to access or use of the Services, you confirm your agreement to the modified Terms. If you do not agree to any modification to these Terms, you must stop using the Services. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your access to, and use of, the Services. If you have any question regarding the use of the Site or Services, please contact us in accordance with Section 14.
You will receive commission for Qualified Referrals to Privacy Bee. The percentage of commission may change at any time and without notice.
“Qualified Referrals” mean customers referred by you to Privacy Bee who: (1) click on your unique tracking link; (2) within thirty (30) days of clicking on your unique tracking link, successfully purchase, a monthly or yearly subscription for Privacy Bee; and (3) maintain an active account and the monthly or yearly subscription with Privacy Bee.
Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral.
If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in the your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Privacy Bee’s favor, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favor, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be covered by future referral commissions generated by you. Future referral payouts will be withheld to cover the already paid out commission.
Commission payments will be paid in US Dollars and may be made via electronic payment (Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the fifteenth (15th) day of each month.
In order to receive payments for earned commissions, you must provide Privacy Bee a completed Form W-9, as instructed by Privacy Bee. You will be deemed to have permanently waived all rights to Commissions that were earned more than 120 days before submitting a completed Form W-9 to Privacy Bee. You are responsible for any and all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by Privacy Bee.
Privacy Bee reserves the right to request documentation in order to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to in a timely manner, Privacy Bee reserves the right to terminate, deactivate, or not approve your account.
You shall bear your own costs and expenses related to marketing and promoting Privacy Bee and/or the Affiliate Program. Privacy Bee is not obligated to reimburse or credit you for any marketing expenses. If Privacy Bee does reimburse you for any marketing expenses, such reimbursement shall not create a duty or obligation to reimburse any future marketing expenses.
You may not engage in any of the following marketing activities and represent and warrant that your marketing practices do not violate any of these restrictions:
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of Privacy Bee’s Services. Affiliates shall not copy Privacy Bee’s website or any portions thereof, including, without limitation, any of Privacy Bee’s trademarks or other intellectual property, and display them on their own site or subdomain or use them in any way without Privacy Bee’s prior express written consent.
- Affiliates shall not offer cash back, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
- Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Privacy Bee.
- Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer actually clicking on the Affiliate’s referral link.
- Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to Privacy Bee’s servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined in Privacy Bee’s sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
- Affiliates shall not bid on or use Privacy Bee’s trademarks or misspelled keywords for the purpose of pay-per-click on internet search engines without prior written consent from Privacy Bee.
- Affiliates shall not use Privacy Bee’s trademarks or misspelled keywords in their domain names.
- Affiliates shall not use redirected pages and links to send a potential customer to Privacy Bee’s website.
- Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to Privacy Bee’s website using an affiliate link).
- Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Privacy Bee, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
- Affiliates shall not send any email in violation of the federal CAN-SPAM statute, 15 U.S.C. 1571, et seq.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Privacy Bee’s Services.
- Affiliates shall make clear that they, not Privacy Bee, are the sender of all marketing communications related to the promotion of Privacy Bee’s Services.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Privacy Bee or Privacy Bee’s Services without the express written consent of Privacy Bee.
- Affiliates shall not use malware or spyware to market or promote Privacy Bee’s Services.
In Privacy Bee’s sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Privacy Bee’s systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately terminate.
5. Relationship between you and Privacy Bee.
Neither these Terms of Service nor your participation in the Affiliate Program creates any employment, independent contractor, agency, partnership, or joint venture relationship between you and Privacy Bee.
During the term of these Terms of Service and for one (1) year after it has expired or been terminated, You agree that You will not disparage Privacy Bee, its officers, directors, or employees or otherwise take any action that could reasonably be expected to adversely affect Privacy Bee’s reputation. Under these Terms of Service, “disparage” includes, but is not limited to, any negative statement, whether written or oral, about Privacy Bee, its officers, directors, or employees. You agree and acknowledge that this provision is a material term of the Terms of Service, the absence of which would have resulted in Privacy Bee refusing to enter into this agreement.
7. Assumption of Risk.
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
8. Third-Party Content.
In using the Services, you may view content provided by third parties (“Third-Party Content”). We do not control, endorse, or adopt any Third-Party Content and shall have no responsibility for ThirdParty Content, including without limitation material that may be misleading, incomplete, erroneous, offensive, indecent, or otherwise objectionable. In addition, your business dealings or correspondence with such third parties are solely between you and the third parties. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, and you understand that your use of Third-Party Content, and your interactions with third parties, is at your own risk.
9. Disclaimer of Warranties.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE, THE SERVICES, THE DOCUMENTATION AND ANY PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON OUR BEHALF ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIMS, AND YOU WAIVE, ANY AND ALL OTHER WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE IN TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT REPRESENT OR WARRANT THAT THE SITE, THE SERVICES OR THE DOCUMENTATION ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU ACKNOWLEDGE THAT YOUR USER DATA MAY BECOME IRRETRIEVABLY LOST OR CORRUPTED OR TEMPORARILY UNAVAILABLE DUE TO A VARIETY OF CAUSES, INCLUDING SOFTWARE FAILURES, VIRUSES OR OTHER HARMFUL MATERIALS, PROTOCOL CHANGES BY THIRD PARTY PROVIDERS, INTERNET OUTAGES, FORCE MAJEURE EVENT OR OTHER DISASTERS, SCHEDULED OR UNSCHEDULED MAINTENANCE, OR OTHER CAUSES EITHER WITHIN OR OUTSIDE OUR CONTROL. YOU ARE SOLELY RESPONSIBLE FOR BACKING UP AND MAINTAINING DUPLICATE COPIES OF ANY INFORMATION YOU STORE OR TRANSFER THROUGH OUR SERVICES.
THE DISCLAIMER OF IMPLIED WARRANTIES CONTAINED HEREIN MAY NOT APPLY IF AND TO THE EXTENT IT IS PROHIBITED BY APPLICABLE LAW OF THE JURISDICTION IN WHICH YOU RESIDE.
You will defend, indemnify, and hold harmless us, our Affiliates, and their respective shareholders, members, directors, officers, employees, attorneys, agents, representatives, suppliers and contractors (collectively, “Indemnified Parties”) from any claim, demand, lawsuit, action, proceeding, investigation, liability, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to (a) your use of, or conduct in connection with, the Services; (b) any Feedback or User Content you provide; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any other person or entity. If you are obligated to indemnify any Indemnified Party, we (or, at our discretion, the applicable Indemnified Party) will have the right, in its sole discretion, to control any action or proceeding and to determine whether we wish to settle, and if so, on what terms.
11. Disclaimer of Damages.
IN NO EVENT WILL WE, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES OR LIABILITIES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INFORMATION, OR FINANCIAL BENEFIT) ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON BEHALF OF US, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Limitation of Liability.
IN NO EVENT WILL OUR LIABILITY, OUR AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, ATTORNEYS, AGENTS, REPRESENTATIVES, SUPPLIERS OR CONTRACTORS ARISING OUT OF OR IN CONNECTION WITH SITE, THE SERVICES, ANY PERFORMANCE OR NON-PERFORMANCE OF THE SERVICES, OR ANY OTHER PRODUCT, SERVICE OR OTHER ITEM PROVIDED BY OR ON OUR BEHALF, WHETHER UNDER CONTRACT, STATUTE, STRICT LIABILITY OR OTHER THEORY (INCLUDING, FOR AVOIDANCE OF DOUBT, ANY NEGLIGENCE OF OURS) EXCEED THE AMOUNT OF THE FEES PAID BY YOU TO US UNDER THIS AGREEMENT IN THE ONE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY.
13. Changes; Suspension; Termination.
13.1 Changes to the Service. We may, at our discretion and without liability to you, with or without prior notice and at any time, modify or discontinue, temporarily or permanently, all or any portion of any the Services.
13.2Suspension or Termination of Services.
(a)We may, at our discretion and without liability to you, with or without prior notice and at any time, temporarily suspend or permanently terminate your access to all or a portion of any the Services. Such action would constitute a withdrawal from our representation, cancellation or annulment of any Power of Attorney, or any authorizations related thereto, that may have been granted during the provision of the Services.
(b)You have the right to terminate your Subscription and use of the Services at any time by providing notice to us of your intent to terminate (a “Termination Request”). You acknowledge that, on the effective date of your Termination Request (the “Termination Date”), your license to utilize the Services shall cease immediately, and you shall no longer have rights to use the same. If your Termination Request does not specify a Termination Date, then the Termination Request shall be deemed effective upon our receipt of the same. Following the Termination Date, you agree to immediately cease the use of all the Services. You acknowledge and agree that, following the Termination Date, we shall have no obligation to maintain, provide to you, or recover any of the data or content that you uploaded to your Account and/or the Services, and we may delete the same. In the event of a termination, pursuant to this Section 13(b), we shall have no obligation to provide you with a refund of any Fees that you have prepaid, as all Fees paid by you are final and non-refundable.
13.3 No liability. We will not be liable for any losses suffered by you resulting from any modification of any Services or from any suspension or termination of your access to all or a portion of any Services (whether pursuant to this Section 13 or for any other reason).
13.4 Effect of Termination. In the event of discontinuation of all Services or other termination of your right to access all Services: (a) all amounts payable by you to us will immediately become due; (b) we may delete or deactivate your Account and all related information and files in such Account without liability to you.
14. Contact Us.
All feedback, comments, requests for technical support and other communications relating to the Services should be directed to: [email protected].
15.1 Governing Law. The interpretation and enforcement of these Terms, and any dispute related to these Terms or the Services, will be governed by and construed and enforced in accordance with the laws of the State of Wyoming, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. You agree that we may initiate a proceeding related to the enforcement or validity of our Intellectual Property Rights in any court having jurisdiction. With respect to any other proceeding that is not subject to arbitration under these Terms, the federal and state courts located in Wyoming will have exclusive jurisdiction. You waive any objection to venue in any such courts.
15.2 Assignment. These Terms are binding upon and inure to the benefit of the permitted successors and assigns of each party. You may not assign, subcontract, delegate or otherwise convey these Terms, or any of its rights and obligations hereunder. Notwithstanding anything to the contrary in these Terms, we may assign, transfer, and delegate this agreement (these Terms) and its obligations hereunder at any time, in its sole discretion.
15.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of any such provision in every other respect and the remaining provisions of these Terms will be unimpaired and these Terms will continue in full force and effect, unless the provisions held invalid, illegal, or unenforceable will substantially impair the benefits of the remaining provisions hereof.
15.4 Waiver. The failure of either party to insist upon strict performance or to seek remedy for breach of any term of these Terms, or to exercise any right, remedy or election herein or permitted by law or equity, will not constitute nor be construed as a waiver or relinquishment in the future of such term, condition, right, remedy, or election. Any consent, waiver, or approval by either party of any act or matter will not be effective unless made in writing and signed by an authorized representative of the consenting, waiving, or approving party.
15.5 Force Majeure. We will not be responsible or liable to you or deemed in default or breach hereunder by reason of any failure or delay in the performance of its obligations hereunder (including the temporary unavailability or inaccessibility of the Services) where such failure is the result of Force Majeure. As defined herein, “Force Majeure” means any (a) acts of God, flood, fire, wind, storm, drought, earthquake, or other natural disaster; (b) epidemic or pandemic; (c) terrorist attack, civil war, civil commotion or riots, war, threat of or preparation for war, armed conflict, imposition of sanctions, embargo, or breaking off of diplomatic relations; (d) nuclear, chemical or biological contamination, or sonic boom; (e) any law or any action taken by a government or public authority; (f) collapse of buildings, breakdown of plant or machinery, fire, explosion, or accident; (g) any labor or trade dispute, materials or transport, strikes, industrial action or lockouts; (h) interruption or failure of utility service; or (i) or any other cause, whether similar or dissimilar to those enumerated, that is beyond our reasonable control and without our fault or negligence.
15.6 Survival. Termination of these Terms will not affect the provisions that, by their nature, are intended to survive the termination hereof, including without limitation, Section 5,6,7,8,9,10,11,12,13,14, and 15.
15.7 Entire Agreement; Order of Precedence. These Terms contain the entire agreement and supersede all prior and contemporaneous understandings between the parties regarding the Services. In the event of any conflict between these Terms and any other agreement you may have with us, these Terms will control unless the other agreement specifically identifies these Terms and declares that the other agreement supersedes these Terms.