最后更新2023 年 2 月 25 日
在使用我们的服务之前，请仔细阅读这些条款和条件。
本使用条款和条件（T&Cs）适用于您访问以下网站时
https://www.partnerboost.com/ 时适用本使用条款和条件（T&Cs）。
PARTNERBOOSTINC 是一家在美国注册成立的公司（以下简称 "PartnerBoost"、"我们"或"我方"）。
STE 209, Newark, DE 19702。
您对本网站的访问和使用须遵守本条款与细则。如果您
您必须立即停止使用本网站或任何服务。
任何服务。访问或使用本网站即表示您承认
并同意接受本条款与细则的约束。如果您未满 18 周岁，则
在访问和使用本网站之前，您必须征得父母或监护人的同意。
使用本网站。
"原样 "和 "现有 "免责声明
本网站所含信息以 "现状 "为基础真诚提供。
按原样 "提供。PartnerBoost 不声明或保证本网站所含信息的可靠性、准确性或完整性、
本网站所含信息的可靠性、准确性或完整性。在
在法律允许的范围内，PartnerBoost 不对以下情况负责或承担责任
因网站信息错误或遗漏而产生的任何责任。
本网站上的信息错误或遗漏而产生的任何责任，PartnerBoost 概不负责。
确认
本使用条款适用于本服务的使用以及品牌、出版商和 PartnerBoost 之间的协议。
品牌、出版商和 PartnerBoost 之间的协议。这些条款和
规定了所有用户使用本服务的权利和义务。
的权利和义务。
您访问和使用本服务的条件是您接受并遵守这些条款和条件。
遵守本条款和条件。这些条款和条件适用于
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访问或使用 "服务 "即表示您同意接受这些条款和条件的约束。
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您不得访问本服务。
您声明您已年满 18 周岁。公司不允许
未满 18 岁者使用本服务。
您访问和使用本服务的条件还包括您接受
并遵守公司的隐私政策。我们的隐私政策
描述了我们收集、使用和披露以下信息的政策和程序
您使用应用程序或网站时的个人信息，以及
向您说明您的隐私权以及法律如何保护您。请在使用我们的服务前
在使用我们的服务之前，请仔细阅读我们的隐私政策。
注册数据和账户安全
考虑到您对本网站的使用，您同意 (a) 提供准确、最新和完整的个人信息、
最新且完整的信息（"注册数据
("注册数据")；(b) 维护您的密码和身份的安全；(c) 维护并及时更新您的注册数据。
(c) 维护并及时更新注册数据以及任何其他信息。
(c) 维护并及时更新注册数据以及您提供给 PartnerBoost 的任何其他信息、
以保持其准确性、时效性和完整性；并且 (d) 对您的帐户的所有使用以及对您的帐户所产生的任何损失承担全部责任。
(d) 对您账户的所有使用以及使用您账户所发生的任何行为负全部责任。
账户所发生的任何行为负全部责任。
提供和使用
在品牌遵守 SET-UP 政策的前提下，公司将向品牌提供
服务；访问界面；更新追踪代码。
代码的更新。在期限内，品牌将
Last updated: February 25, 2023
Please read these terms and conditions carefully before using Our Service.
These Terms and Conditions of Use (T&Cs) apply when you visit
the website at
https://www.partnerboost.com/
by PARTNERBOOSTINC, a company incorporated in United States ("PartnerBoost", "us", "we")
of 254 Chapman RD STE 209, Newark, DE 19702.
Your access to and use of the Website, is subject to these T&Cs. If you
disagree with any part of these T&Cs, you must cease usage of the website, or
any services, immediately. By accessing or using the Website you acknowledge
and agree to be bound by these T&Cs. If you are under 18 years of age, then
you must obtain your parent or guardian's consent before accessing and using
the Website.
"AS IS" and "AS AVAILABLE" Disclaimer
The information contained on the Website is provided in good faith on an "as
is" basis. PartnerBoost does not represent or warrant the reliability,
accuracy or completeness of the information contained on the Website. To the
extent permitted by law, PartnerBoost is not responsible or liable for any
Liabilities arising in any way for errors in, or omissions from, the
information on the Website.
Acknowledgment
These are the Terms of Use governing the use of this service and the agreement
that operates between brands, publishers, and PartnerBoost. These Terms and
Conditions set out the rights and obligations of all users regarding the use
of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and
compliance with these Terms and Conditions. These Terms and Conditions apply
to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms and
Conditions. If you disagree with any part of these Terms and Conditions, then
you may not access the Service.You represent that you are over the age of 18.
The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on your acceptance
of and compliance with the Privacy Policy of the Company. Our Privacy Policy
describes Our policies and procedures on the collection, use and disclosure of
Your personal information when You use the Application or the Website and
tells You about Your privacy rights and how the law protects You. Please read
Our Privacy Policy carefully before using Our Service.
Registration Data and Account Security
In consideration of your use of the Site, you agree to (a) provide accurate,
current and complete information about you as may be prompted by any
registration forms on the Site (“Registration Data”); (b) maintain the
security of your password and identification; (c) maintain and promptly update
the Registration Data, and any other information you provide to PartnerBoost,
to keep it accurate, current and complete; and (d) be fully responsible for
all use of your account and for any actions that take place using your
account.
Managing Account and Promoting Content
Subject to the Publisher’s compliance with this Agreement, PartnerBoost will:
1) permit the Publisher’s participation in the Network for its assignment of
the Promotional Space; and 2) grant access to the Interface. PartnerBoost may
change any aspect of the Interface at its sole discretion.
The Publisher undertakes that: 1) the Admin shall remain authorized to act on
behalf of the Publisher and bind the Publisher; 2) all Authorized Users are
permitted to view, or view and operate, the Publisher Account in accordance
with any permissions granted on the Interface, which shall be kept up to date
by the Publisher; 3) it shall use best endeavours to ensure that the Admin and
all Authorized Users shall: (a) access the Interface in their own name under
their own Authorized User Account; and (b) keep any passwords confidential.
The Publisher shall: 1) ensure the proper functioning and maintenance of all
Links; 2) provide full and clear instructions as to the Brand Material it may
reasonably require for the purposes of the promotion of an Brand or its
Products in accordance with this Agreement and the Program Terms; 3) provide
reasonable access to information the Partnerboost may require to operate the
Brand Program; and 4) remain primarily liable for the acts and omissions of
all SubPublishers.
PartnerBoost shall not be liable for any losses or damages suffered by the
Publisher due to the disclosure of any Authorized User Account passwords. The
Publisher shall remain primarily responsible and liable for all activities
occurring under any of the Authorized User Accounts and the acts or omissions
of any Authorized User.
If the Publisher suspects that a third party has gained unauthorized access to
access data, the Publisher shall inform PartnerBoost immediately by sending an
e-mail to support@partnerboost.com or such other e-mail as may be notified to
the Publisher from time to time.
PartnerBoost may Suspend or withdraw any Authorized User Accounts at its
discretion
Under this Agreement PartnerBoost, or any PartnerBoost Group Company may, on
behalf of PartnerBoost: 1) provide any aspect of the Network or the Interface
(including the granting of sublicenses and licenses under the related policy);
2) enjoy any benefit, or exercise any right; 3) satisfy any of PartnerBoost's
obligations.
The Publisher may request to market Brands or their Products at their
discretion by applying to participate in an Brand Program. Partnerboost may
approve or refuse such requests, and remove Publishers from Brand Programs, at
any time at its discretion. The Publisher may only market a Brand or its
Products under this Agreement with Partnerboost’s continued approval, unless
specifically enabled by the proper use of the Interface.
Brands may apply Program Terms and make changes to any Program Terms at their
discretion, which shall become effective on notice to the Publisher, including
by publication on the Interface. Brands may change their Program Terms at any
time. The Publisher is solely responsible for ensuring it is aware of any
changes to the Program Terms. Subject to the Publisher 's compliance with this
Agreement and the Program Terms, and the continued approval of the respective
Brand, PartnerBoost will provide to the Publisher the Brand Materials.
A Publisher admitted to the Brand Program may publish the Brand
Materials through its Publisher Service at its discretion and use them solely
to the extent permitted under this Agreement and the Program Terms.
PartnerBoost may deactivate any Links at its sole discretion. The Publisher
shall remove any Brand Materials from the Publisher Service immediately on
request of PartnerBoost.
Intellectual Property, Confidentiality, and Data Protection
PartnerBoost hereby grants to the Publisher, for the duration of its
participation in the Brand Program, a revocable, non-exclusive,
non-transferable, royalty-free, worldwide sublicense to publish Brand
Materials, without modification, on the Publisher Service in the Promotional
Spaces to the extent necessary to enable the Publisher to market the
respective Brand and its Products on the Network in compliance with the
Agreement and the Program Terms. A sublicense granted to a Subnetwork under
this policy shall be further sublicensable by the Subnetwork to Subaffiliates
on terms equivalent to this policy with PartnerBoost's prior written consent.
A sublicense granted by a Subnetwork under this policy shall not be capable of
further sublicense by the Subaffiliate without PartnerBoost's prior written
consent.
PartnerBoost hereby grants to the Publisher a revocable, non-exclusive,
non-sublicensable, non-transferable, royalty-free worldwide license to use the
Interface to the extent necessary for the Publisher to participate in the
Network and perform its obligations under this Agreement. The Publisher will
not, and will not attempt to, change, reverse engineer or create derivative
works of the Interface or the Tracking Code. Each party reserves all of its
right, title and interest to any of its Intellectual Property Rights licensed
under this clause, or which it creates under this Agreement, or which is
created by operation of the Tracking Code. The Publisher shall use information
and data obtained from and in connection with participating in the Network
only for the purpose of this Agreement. Uses for any other purpose, or
disclosure of such information and data are prohibited. Either party may
identify the other party in lists of clients or customers and may use the
other party's name and logo in marketing materials and presentations. Any
other use shall require the prior written consent of the other party.
Each party will only use Confidential Information to enjoy its rights or
comply with its obligations under this Agreement. Save as set out in this
Agreement, neither party will disclose any Confidential Information.
Confidential Information shall be kept confidential. The obligations of
confidentiality in this Agreement will not apply to Confidential Information
to the extent it: 1) is in the public domain (other than as a result of a
breach of this Agreement); 2) can be demonstrated as having been independently
developed by the receiving party; 3) is published on the Interface in the
receipt or provision of the Services in accordance with this Agreement; 4) is
required to be disclosed by law or a court order.
The Company and the Brand will comply with all respective legal obligations
under Data Regulation. Each party will provide the other party any
co-operation reasonably requested to enable the other party’s compliance with
this policy. The Company and the Brand will each comply with any data
processing agreement or arrangement entered into by them in connection with
Personal Data published under this Agreement.
PartnerBoost may disclose Confidential Information to PartnerBoost Group
Companies.
Tracking and Sales
The Tracking Code and Program Terms as interpreted by PartnerBoost will be the
sole bases for recording and determining Actions and Commissions and for
tracking. No other means of recording or determining Actions or Commissions
shall be used under this Agreement. Sales, Clicks and Leads will only be
attributed to the Publisher where the Tracking Code records that the Publisher
was responsible for the most recent referral of the Visitor to the Brand URL
prior to that Sale or Lead, unless expressly agreed otherwise between the
parties or specified otherwise by the Brand in the respective Program Terms,
and in each case subject to any communicated "cookie hierarchy" or "commission
hierarchy". Tracked Sales, Clicks and Leads will be locked after a certain
period, subject to the applicable Program Terms.
The amount of any Commissions is as may be displayed on the Interface. CPA
Commissions in respect of locked Sales will be determined as either: 1) a
percentage of the purchase price of the Product(s) subject of the locked Sale,
as set out on the Interface; or 2) a fixed amount, irrespective of the
purchase price of the Product(s) subject of the locked Sale, as set out on the
Interface.
Invoice and Payment
PartnerBoost will pay the Publisher: 1) Commissions in respect of locked
Sales, Leads, Clicks, or one thousand Ad Impressions; and 2) Bonuses agreed
between the Partnerboost and Publisher. Payment of Commissions and Bonuses may
be subject to any Partnerboost Terms.
Payment statements for Commissions and Bonuses can be accessed by the
Publisher via the Interface. The Publisher agrees to the following: 1) the
Publisher agrees not to issue invoices for any Commissions and Bonuses
generated under this Agreement; 2) PartnerBoost may provide a copy of this
Agreement to the Internal Revenue Service (or equivalent local tax authority)
in order to evidence the payment arrangements between PartnerBoost and the
Publisher; 3) the Publisher will immediately notify PartnerBoost if it
transfers any part of its business as a going concern; 4) PartnerBoost may
engage third party service providers to administer the issuing of payments
under this Agreement.
PartnerBoost will pay all due Commissions and Bonuses subject to: 1) the
passing of the lock date set out in the Interface for the respective Action;
2) any minimum payment thresholds implemented by PartnerBoost from time to
time being satisfied; 3) the correct, accurate and complete bank and tax
information of the Publisher being shown on the Interface; 4) the provision of
any additional information reasonably requested by PartnerBoost in respect of
the Publisher’s location or residence; 5) the payment not being subject to any
internal audits or ‘network quality’ reviews from time to time.
PartnerBoost shall independently be entitled to the right to determine the
terms of, establish calculation standards for, and arrange the payment of
Commissions and Bonuses hereunder, and shall hold the ultimate decision-making
authority in respect of the aforesaid matters; concurrently, PartnerBoost
shall assume the independent obligation to make full and timely payment of
such Commissions and Bonuses to the Publisher.
All payments will be made in accordance with the payment method selected by
the Publisher in the "Payment Settings" section of the respective Publisher
Account on the Interface. PartnerBoost is not obligated to take steps to
verify the accuracy of the payment information provided by the Publisher,
including mailing address if the Publisher chooses to be paid by check or bank
account information if the Publisher chooses to be paid by ACH. Updates to
bank account information may take up to two Business Days to take effect.
All sums payable under this Agreement shall be exclusive of any sales taxes,
use taxes, value added taxes, goods or services taxes or comparable taxes
which, if applicable, shall be added at the appropriate rate. These taxes
shall be collected and remitted pursuant to applicable law. If payments under
this Agreement are subject to withholding tax, PartnerBoost is entitled to
deduct the appropriate amount from payments to the Publisher. The parties
agree to work together on reducing any withholding tax, and, upon request,
shall provide documents required for any reduction, exemption, reimbursement,
or deduction of withholding tax.
All amounts payable shall be paid in USD. Any costs of currency conversion or
losses caused by exchange rate fluctuations shall be borne by the Publisher.
The Publisher will immediately repay any amounts paid to the Publisher in
error, or other than in accordance with the Publisher's rights under this
Agreement.
Publisher accounts that are abandoned will be closed. If an abandoned
Publisher account has a positive balance, the balance will be paid out to the
Publisher upon closure. An abandoned Publisher account is defined as any
account that has not been logged in to, nor had any transactions posted to it,
for a period of 6 months. If one or the other of those conditions are true,
the account will remain in an active state.
Any underpaid Commission or Bonuses must be notified to PartnerBoost
immediately. Underpaid Commission or Bonuses notified by the Publisher to
PartnerBoost within 12 months of the underpayment will be rectified. The
Publisher hereby waives its right to recover any underpaid Commissions or
Bonuses that the Publisher fails to report to PartnerBoost within 12 months of
the underpayment.
PartnerBoost reserves the right to require payment of fees for certain or all
Services. You shall pay all applicable fees, as described on the Services in
connection with such Services selected by you. PartnerBoost reserves the right
to change its price list and to institute new charges at any time, upon notice
to you, which may be posted on our websites, sent by via email or postal mail.
Use of the Services by you following such notification constitutes your
acceptance of any new or increased charges.
Relationship Between Each Other
The Publishers' participation in the Network does not create any contract
between the Publisher and any Brand. During the term of this agreement the
Publisher will not, directly or indirectly, enter or attempt to enter into any
agreement, understanding or other form of arrangement (whether express or
implied) with any Brand where payments are made to the Publisher in respect of
any marketing services (including but not limited to affiliate, display,
programmatic, search, email and click-to-call marketing), without
PartnerBoost’s prior written approval.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are
not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the
content, privacy policies, or practices of any third party web sites or
services. You further acknowledge and agree that the Company shall not be
responsible or liable, directly or indirectly, for any damage or loss caused
or alleged to be caused by or in connection with the use of or reliance on any
such content, goods or services available on or through any such web sites or
services.
We strongly advise You to read the terms and conditions and privacy policies
of any third-party web sites or services that You visit.
Warranties and Indemnity
Each party warrants and undertakes to the other for the Term that: 1) it has
full power and authority to enter into this Agreement; 2) it holds all
licenses and approvals necessary for the performance of its obligations under
this Agreement; 3) it will perform its obligations under this Agreement in
accordance with all applicable laws and using reasonable skill and care; and
4) it will not make any false, misleading or disparaging representations or
statements regarding the other party.
The Publisher warrants and undertakes to PartnerBoost for the Term that: 1)
neither the Publisher, nor any of its officers or shareholders, have
previously been party to an agreement terminated by PartnerBoost or any
PartnerBoost Group Company for breach; 2) no officer or shareholder of the
Publisher has been an officer or shareholder of a company (or other entity)
party to an agreement terminated by PartnerBoost or any PartnerBoost Group
Company for breach; 3) all information about the Publisher set out in the
Application Form or on the Interface is complete, true, accurate, not
misleading and will be kept up to date (including, but not limited to address
details, payment details and tax information); 4) its marketing of any Brand
or its Products will comply with all Advertising Standards and Data
Regulation; 5) the Publisher Service will be operated in accordance with all
applicable laws (including Advertising Standards and Data Regulation); 6) it
shall comply with the Code of Conduct at all times; 7) it shall comply with
all relevant tax laws; 8) it shall retain ultimate control of the operation of
the Publisher Service; 9) it is the owner or valid licensee of any
Intellectual Property Rights appearing on the Publisher Service, and that no
part of the Publisher Service infringes the rights of any third party; and 10)
all Brand Materials will be accurately and faithfully reproduced.
The Publisher will indemnify, defend and hold harmless PartnerBoost and any
PartnerBoost Group Company (including its directors, employees, agents or
contractors), from and against any claims, costs, damages, losses, liabilities
and expenses (including legal fees) relating to any claims, actions, suits or
proceedings by third parties against PartnerBoost any PartnerBoost Group
Company arising out of or related in any way to any breach by the Publisher of
any of the warranties, or Publisher ‘s gross negligence or willful misconduct.
Termination, Suspension, and Consequences under These Situation
This Agreement will start on the Effective Date and continue until terminated
in accordance with its terms. Without prejudice to its other rights or
remedies, a party may terminate the Agreement immediately on written notice to
the other party, if: 1) the other party materially breaches this Agreement; 2)
the other party is deemed unable to pay its debts; steps are made to wind up,
or appoint an administrator over, the other party; a third party becomes
entitled to appoint a receiver over the assets of the other party; the other
party negotiates with all or a class of its creditors, or proposes or enters a
compromise with such creditors; or any similar or analogous event occurs.
PartnerBoost may immediately terminate this Agreement or Suspend the Affiliate
if the Affiliate: 1) does not access the Affiliate Account for a period of six
months or if no Commissions have been generated for a period of six months; 2)
is reasonably suspected by PartnerBoost to have breached any: (a) of the
warranties; (b) Program Terms of an Brand; (c) part of the Code of Conduct.
We may terminate or suspend your access immediately, without prior notice or
liability, for any reason whatsoever, including without limitation if you
breach these Terms and Conditions.Upon termination, your right to use the
Service will cease immediately.
During any period of Suspension: 1) the Publisher not permitted to access the
Interface; 2) all licenses will be Suspended and the Publisher shall
immediately remove any Brand Materials from the Publisher Service; 3)
PartnerBoost may deactivate any Links and remove any Brand Materials from the
Publisher Service (to the extent it is able); and 15.1.4 no payments will be
made to the Publisher.On termination of the Agreement: 1) all licenses will
terminate and the Publisher shall immediately remove any Brand Materials from
the Publisher Service; 2) PartnerBoost may deactivate any Links and remove any
Brand Materials from the Publisher Service (to the extent it is able); 3) each
party will return or at the other party’s option destroy all confidential
information in its possession within five Business Days; 5) all unpaid
Commissions as of the date of termination, or accruing after the date of
termination, shall be forfeited to PartnerBoost irrevocably and the Publisher
hereby waives any right or entitlement to recover such Commissions and Bonuses
from PartnerBoost. Termination of this Agreement will not affect any existing
rights or remedies.
Limitation of Liability
This policy sets out the entire liability of PartnerBoost and its Group
Companies under or in connection with the Agreement. Each party shall be
liable for any breaches of Data Regulation for which they are responsible and
accordingly there shall be no joint liability between the parties in respect
of such breaches.
PartnerBoost will not be liable for any losses of the Publisher if
PartnerBoost's compliance with the Agreement is prevented by the acts or
omissions of the Publisher.
PartnerBoost will not be liable to the Publisher for: loss of profit,
business, goodwill, anticipated savings, goods, contract, use or data; losses
arising from the acts or omissions of an Brand; or for any special, indirect,
consequential or pure economic loss, costs, damages, charges or expenses.
The total liability of PartnerBoost in contract, tort (including negligence or
breach of statutory duty), misrepresentation, restitution or otherwise arising
in connection with the Agreement will be limited to the amount of Network Fee
actually received by PartnerBoost from Brands in respect of Commissions paid
to the Publisher in the 12 month period preceding the date on which the claim
arose. Except as expressly stated otherwise in this Agreement, all warranties,
conditions and other terms implied by statute or common law are excluded to
the fullest extent permitted by law. The Network, the Interface, the Tracking
Code, their use and the results of such use are provided "as is" to the
fullest extent permitted by law. PartnerBoost disclaims all express or implied
warranties, including warranties of satisfactory quality and fitness for a
particular purpose, which may be implied in respect of the Network, the
Interface, the Tracking Code, their use and the results of such use. The
performance of the Network, the Tracking Code and the Interface relies on
third parties beyond PartnerBoost ‘s control, and in particular, the
maintenance by Brands of the proper integration of the Tracking Code into
Brand URLs. PartnerBoost specifically disclaims any warranty: 1) that the use
or operation of the Network, the Interface or the Tracking Code will be
uninterrupted or error-free; 2) that the Tracking Code will be properly
integrated into the Brand URLs; 3) that the Tracking Code accurately records
Actions at all times; 4) in respect of the Brand Materials, including any
warranty that the Brand Materials comply with Advertising Standards; 5) that
defects will be corrected; 6) that the Network, the Interface or the Tracking
Code are free of viruses or malicious code; 7) that any security methods
employed will be sufficient; 8) in respect of any Brand or its technology and
any third party or its technology; and 9) regarding correctness, accuracy, or
reliability.
PartnerBoost shall only be held liable in cases of intent or gross negligence
of one of its legal representatives, executives or other vicarious agents, in
the event of any culpable breach of a material contractual obligation and
limited to the amount of the typically foreseeable loss.
Nothing in this Agreement limits or excludes the liability of PartnerBoost in
the event of culpable injury to life, limb or health, fraud, fraudulent
misrepresentation or fraudulent misstatement as well as in cases of mandatory
statutory liability.
Others
When you use our Services, or send emails to us, you are communicating with us
electronically. You agree that we may communicate with you electronically.
Such electronic communications may consist of e-mail, notices posted on our
Services, "push" mobile notification, and other communications. You agree that
all agreements, notices, disclosures, and other communications we send to you
electronically will satisfy any requirement that such communication be in
writing and, to the extent intended, such communication will be an enforceable
and binding term or amendment to this Agreement.
You agree to indemnify and hold PartnerBoost, its parents, subsidiaries,
affiliates, officers and employees, harmless from any claim or demand
(including, without limitation, from all damages, liabilities, settlements,
costs and attorneys' fees) made by any third party due to or arising out of
your access to the Services, use of the Services, the violation of this
Agreement by you, or the infringement by you, or any third party using your
account, of any intellectual property or other right of any person or entity.
Dispute Resolution By Binding Arbitration
You and Company agree to arbitrate any and all disputes, claims, or
controversies arising out of, in connection with, or relating to this
Agreement, Company’s business, any of the Programs or the Company Properties,
and relationship with you, including any claims that may arise after the
termination of this Agreement. This agreement to arbitrate includes any claims
against Company’s employees, agents or any subsidiaries of Company.
Arbitration is a method of claim resolution that is less formal than a
traditional court proceeding in state or federal court. It uses a neutral
arbitrator instead of a judge or jury and the arbitrator’s decision is subject
to limited review by courts.
All disputes concerning the arbitrability of a claim (including disputes about
the scope, interpretation, breach, applicability, enforceability, revocability
or validity of this Agreement) shall be decided by the arbitrator. The
arbitrator shall also decide whether any claim is subject to arbitration. You
further agree that the U.S. Federal Arbitration Act and federal arbitration
law shall govern the interpretation and enforcement of this agreement to
arbitrate.
Notwithstanding any provision in this Agreement to the contrary, you agree
that if we make any future, material change to this arbitration provision, you
may reject any change by sending us written notice within thirty (30) calendar
days of the change to Partnerboost INC, 260 S Los Robles Ave, Suite 315,
Pasadena, CA 91101. Your decision to reject changes in a new arbitration
provision, however, does not affect any prior arbitration provisions to which
you have already agreed, which would still remain in effect.
Choice of Law and Venue
The validity, construction and interpretation of this Agreement and the
relationship between You and Company, including the rights and duties of the
parties, will be governed by the laws of the State of California in the United
States without regard to its conflict of law provisions. This shall not limit
the protection afforded to you by provisions that cannot be derogated from by
agreement by virtue of applicable law. The exclusive venue for any dispute or
issue arising out of this Agreement shall be held in Los Angles, California.
CLASS ACTION WAIVER
YOU AND COMPANY ALSO AGREE THAT EACH IS GIVING UP THE RIGHT TO A JURY TRIAL
AND THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS
INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED
CLASS ACTION LAWSUIT OR REPRESENTATIVE PROCEEDING, CONSOLIDATED ACTION, OR
PRIVATE ATTORNEY GENERAL ACTION. This means that neither you nor Company can
seek to assert class or representative claims against each other either in
court or in arbitration and no relief can be awarded on a class or
representative basis. The arbitrator also may not consolidate or join another
person’s claim with your claim or issue an order that would achieve the same
result. You and the Company further agree that if the provisions of this
paragraph, known as the “Class Action Waiver,” are found to be unenforceable,
it cannot be severed from this arbitration agreement and the entire provision
compelling arbitration shall be null and void.
Changes to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms
at any time.
By continuing to access or use Our Service after those revisions become
effective, you agree to be bound by the revised terms. If you do not agree to
the new terms, in whole or in part, please stop using the website and the
Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have
meanings defined under the following conditions. The following definitions
shall have the same meaning regardless of whether they appear in singular or
in plural.
General Definitions
For the purposes of these Terms and Conditions: Publisher
means an entity that controls, is controlled by or is under common control
with a party, where "control" means ownership of 50% or more of the shares,
equity interest or other securities entitled to vote for election of directors
or other managing authority.
Company (referred to as either "the Company", "We", "Us" or "Our" in this
Agreement) refers to Partnerboost INC, 254 Chapman RD STE 209, Newark, DE
19702.
Fee means the Setup Fee, the Monthly Fee, and the Network Fee as set
out in the Interface.
Terms and Conditions (also referred as "Terms") mean
these Terms and Conditions that form the entire agreement between You and the
Company regarding the use of the Service.
Website refers to PartnerBoost,
accessible from http://www.partnerboost.com
You means the individual
accessing or using the Service, or the company, or other legal entity on
behalf of which such individual is accessing or using the Service, as
applicable.
Contact Us
If you have any questions about these Terms and Conditions, you can contact
us:
By email: support@partnerboost.com
