For immediate release EXPRESS SOFT a new world SOFT by the people for the people!
Term for all sites affiliated with Ammtrader.com
Before reading further,
As a condition set forth herein: In order to lawfully use this site with permission: You must be legal age to enter into a binding contract. Parental guidance does not qualify for exemption of our policy. If the parent chooses to let a minor use our site, they are therefore responsible for their child's actions and anything arising out of their choice in breeching this implied use of this sites condition and minor prohibition clause.
§ US CODES:
§ 14 — Infants
Rule: “Unless a statute provides otherwise, a natural person has the capacity to incur only voidable contractual duties until the beginning of the day before the person’s eighteenth birthday.”
Qualified persons:
I "Your Name" understand and agree that I am applying for conditional use of Intellectual
property of Amm Trader, Emerge Empire, Express B2B its affiliates and networks.
As there is no implied guarantee for your participation without consent from each.
Further as a condition set forth herein, we reserve the rights for our Jurisdiction and Authority,
and at our sole discretion may refuse your participation based on your states laws, hence we
disclose your usage of our site and products as application for usage which may be deemed null
and void pending any legal issue with your state. You are informed and do agree that all legal
chains of remedies must be resolved in the State of Wyoming. Should you be approved to be an
Affiliate for us, you then must agree on all of our terms including but not limited to our third party
platform contracts. You agree that all of our site information is the property of our owners, and
that any duplication without consent or license, will be a violation in our intellectual property theft section of our contract,
and be due and payable as time designated for the fines imposed.
AFFILATES USER AGREEMENT
This contract applies to simple site use terms, and further terms may appy for licencing or partnerships.
Affiliates will also have to sign a thrid party affiliate agreement, at the affiliate sites, depending on avialability.
PARTNER USER AGREEMENT
This contract applies to simple site use terms, and further terms may appy for licencing or partnerships.
By reading these agreement you agree and are bound to the laws of the state of Wyoming, and as a condition set forth herein, even if you reside in other territories, you agree to the laws to Wyoming and may not bring any litigation in any other state, or be fined per incident as set forth in our breech clause, which aslo idetifies reproduction of our assets, images without permission, or licenses.
AMM TRADER HEREIN AFTER, HIGHEST PARTNER SHARE WILL BE ADRESSED AS ACTING OWNER: EXPRESS B2B.
THIS CONTRACT APPLIES TO USE OF ANY AND ALL ASSOSIATED SITES, IN PART OR IN WHOLE OF PARTER HOSTED PLATFORMS. FOR EXACT AFFILATE CONTRACTS SEE EMERGE EMPIRE AFFILIATE NETWORK, IS OUR DESIGNATED PARTNER FOR AFFILATE PROGRAMS. SEE FURTHER AFFILATE CONDITIONS BY FOLLOWING THE EMERGE EMPIRE AFFILIATE LINK.
By accessing and using the AMMTRADER.COM Digital media, PARTNER agrees to the terms of this Partner User Agreement. Capitalized terms not otherwise defined herein have the meaning given to them in Section 9.10 below.
1. License to Access and Use Products
1.1. Use. Subject to the terms of this Agreement, AMMTRADER.COM licenses to PARTNER access to and use of the AMMTRADER.COM Digital media on a non-exclusive, revocable basis for the purpose of PARTNER’s partnerships (and to enter into partnerships) with Advertisers and pursuant to PARTNER’s performance under Partner Contracts. AMMTRADER.COM.COM’s obligations and the Products’ functionalities and/or Services may be performed by an AMMTRADER.COM Affiliate.
1.2. Restrictions.
(a) General. PARTNER and its Users shall not: (a) share, rent or use the AMMTRADER.COM Digital media for the benefit of any person or entity other than PARTNER; (b) modify, copy, reverse compile, disassemble, reverse engineer, decompile, prepare derivative works based on, the AMMTRADER.COM Digital media, or attempt in any manner to derive its source code; (c) hack, abuse, adversely interfere with the AMMTRADER.COM Digital media, or infect the AMMTRADER.COM Digital media with viruses, worms or other malicious or destructive code; and (d) authorize Users that are not employees, directors or officers of PARTNER without AMMTRADER.COM.COM’s prior written permission (at AMMTRADER.COM.COM’S sole discretion). PARTNER must at all times utilize the AMMTRADER.COM Digital media for its intended purpose.
(b) Use Approved Methods. PARTNER must promote each Advertiser using only those methods approved or prescribed by the Advertiser, and in any case not through: (i) provision of leads obtained other than through intended Visitor action (e.g. through scraping or other data mining, or through use of compilations of personal data); (ii) use of fake redirects, automated software, or other mechanisms to generate actions; and/or (iii) actions using any device, robot, Iframes or hidden frames; or (iv) adware, spyware or malware. If PARTNER wants to use applications to deliver Advertiser Content, PARTNER must disclose to the Visitor a clear and concise description of the core functionality of the applications (including a description of that functionality that is Media Partner’s source of revenue). Further, PARTNER must meet or exceed then-current industry standards for applications (such as getting Visitor’s consent to download/install, etc.).
(c) Compliance/Quality. PARTNER agrees that when using the AMMTRADER.COM Digital media, it will only publish, transmit, upload and/or distribute information, data, content and material about PARTNER, Advertisers and Advertiser Content that is legal, accurate, and in accordance with the Partner Contracts agreed with the Advertisers. If PARTNER intends to use incentives to promote an Advertiser and procure clicks, leads or sales, PARTNER is required to notify the Advertiser prior to entering into a Partner Contract, and PARTNER’s use of incentives must be in a bona fide way. Additionally, PARTNER and its website(s) and promotional means must comply with all rules, laws, regulations and industry standards, the Partner Contracts, and be of high quality (including but not limited to: not depicting nudity of any sort (including cartoons, fantasy art or manga); not misrepresenting the source of anything posted or uploaded, including impersonation of another individual or entity; not including unauthorized content of someone else's or otherwise violating their intellectual property rights, rights of privacy or publicity; not harming or exploiting minors in any way; not threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating an individual or group of individuals for any reason (including on the basis of age, gender, disability, ethnicity, sexual orientation, race or religion; or incite or encourage anyone else to do so); not harming or disrupting, or intending to harm or disrupt, an Visitor's computer; not containing or being considered to contain 'junk mail', 'spam', 'chain letters', or 'pyramid schemes'; and/or not attempting to manipulate services of others, including but not limited to ranking and reputation systems, interception of Visitor traffic (i.e. through cookie stuffing or other means) or collude with others to do any of the foregoing).
1.3. Responsibilities. PARTNER shall ensure that each User utilizes its own unique log-in and password that are not shared with anyone. PARTNER shall remove User permission and access rights for each User no longer authorized by PARTNER to access PARTNER’s Account. AMMTRADER.COM must be notified by PARTNER in writing immediately if PARTNER becomes aware of any unauthorized access or use of the AMMTRADER.COM Digital media. PARTNER represents and warrants that it will use the AMMTRADER.COM Digital media only in accordance with applicable laws, rules and regulations, including but not limited to Applicable Privacy and Data Security Laws. In no event will AMMTRADER.COM be responsible or liable for defects, problems, or failures of products and/or software not provided by AMMTRADER.COM or its agents; defects, problems or failure of the Internet; or any third party that PARTNER partners with (including but not limited to Advertisers).
1.4. Consequences. Breach of these Section 1 license and use terms may result in suspension of a User’s access and use of the Products, or immediate termination of this Agreement.
2. Ownership & Reservation of Rights.
2.1 AMMTRADER.COM Intellectual Property. AMMTRADER.COM reserves all rights, title and interest in and to, as well as all Intellectual Property Rights in, the AMMTRADER.COM Digital media subject to the limited, non-exclusive, revocable, access and use rights expressly provided for herein. All derivatives of, improvements to, or modification to the AMMTRADER.COMDigital media are owned exclusively by AMMTRADER.COMPARTNER, on behalf of itself and its Users, acknowledges that the AMMTRADER.COM Digital media is covered by or subject to Intellectual Property Rights owned or licensed by AMMTRADER.COM (collectively, “AMMTRADER.COM IP Rights”). Except for the license granted pursuant to Section 1, no license or other rights (express or implied) in or to the AMMTRADER.COM Digital media or AMMTRADER.COMIP Rights, are granted, assigned, licensed or conveyed to PARTNER and/or its Users, and all such AMMTRADER.COM Digital media and AMMTRADER.COM IP Rights are hereby expressly reserved exclusively by AMMTRADER.COM Except as expressly provided for below in Section 9.5, all licenses in and to the AMMTRADER.COM Digital media are non-transferable. PARTNER may not encumber, assert a claim to or ownership of, or adverse interest in, the AMMTRADER.COM Digital media or any AMMTRADER.COMIP Rights or any goodwill associated therewith.
2.2 Advertiser Data. During PARTNER’s use and access of the AMMTRADER.COM Digital media, AMMTRADER.COM will provide PARTNER with access to Advertiser Data solely in relation to PARTNER’s performance of Partner Contracts. The Advertiser Data constitutes the Advertiser’s Confidential Information, and its use is subject to the terms of the Partner Contracts.
2.3 Advertiser Relationships. PARTNER acknowledges and agrees that as between PARTNER and AMMTRADER.COM - AMMTRADER.COM will not be liable for any loss or Claim: (a) arising from any of the Advertiser Content, including but not limited any errors or omissions therein; or (b) incurred as a result of PARTNER and its Users use of, access to, or denial of access to the Advertiser Content. AMMTRADER.COM may without notice or liability investigate (or not investigate) any complaints or suspected violations and/or compliance by PARTNER of this Agreement, applicable laws, rules or regulations, the Partner Contracts and/or PARTNER’s use of Advertiser Content, and may take any action that it believes, in its reasonable discretion, is appropriate, including, but not limited to, rejecting Actions, refusing to host, or removing any Advertiser Content, Advertiser Data, or restricting, suspending, or terminating PARTNER’s or any User’s access to or use of the Advertiser Content and/or AMMTRADER.COMDigital media; however, AMMTRADER.COMalso reserves the right not to take any action. PARTNER is solely responsible for choosing Advertisers to work with and all aspects of those relationships. In no event will AMMTRADER.COMbe liable for Users’, PARTNER’s or any Advertiser’s acts, errors or omissions. From time to time, AMMTRADER.COMmay perform actions on behalf of Advertisers or PARTNER as needed to perform the AMMTRADER.COMDigital media. AMMTRADER.COM disclaims liability for such actions when undertaken by AMMTRADER.COM in good faith and using a commercially reasonable interpretation of such instructions or as is reasonable to perform the AMMTRADER.COMDigital media. AMMTRADER.COM may also take actions that have a direct or indirect AMMTRADER.COM on PARTNER's use of the AMMTRADER.COM Digital media for the protection of or in the interests of the integrity and performance of the AMMTRADER.COM , in AMMTRADER.COM.COM’s sole discretion.
3. Payment of Compensation & Taxes
3.1 Payment. All Partner Compensation for compensable Events tracked by AMMTRADER.COM or reported and/or recorded through the AMMTRADER.COM Digital media must be paid by Advertisers through AMMTRADER.COM in the Partner Contract currency, unless PARTNER elects within its Account to receive payment in another currency (which will be subject to processing, including associated costs and charges, via foreign exchange). Payment shall be made pursuant to the terms of each Partner Contract. In no event will AMMTRADER.COMbe liable to PARTNER for such compensation amounts unless full payment is made by the Advertiser to AMMTRADER.COMof all amounts owed by the Advertiser to AMMTRADER.COM as well as all amounts owed to all of the Advertiser’s partners (including PARTNER). AMMTRADER.COMmay offset amounts owed by PARTNER to Advertisers (or AMMTRADER.COM.COM) from amounts credited to PARTNER’s Account as compensation under Partner Contracts. Compensation amounts may be disqualified pursuant to Partner Contract terms, and if already paid out to PARTNER, AMMTRADER.COM(on the Advertiser’s behalf) may seek return of compensation from PARTNER that was previously paid out, even after the effective date of termination. Payment of any amounts earned by Advertisers is subject to PARTNER complying with all relevant laws, rules and regulations, including those concerning tax form completion and meeting minimum thresholds for payment, which may vary based upon the payment method elected by PARTNER. If PARTNER does not accurately complete any such required forms as per the requirements of the relevant jurisdiction and/or AMMTRADER.COM is unable to verify the information and/or documents submitted by PARTNER, amounts earned by PARTNER shall be subject to the Account Management Fees as per Section 3.3.
3.2 Taxes. With respect to Partner Compensation and AMMTRADER.COM fees (if any), PARTNER is solely responsible for any taxes, levies, duties or similar governmental assessments of any nature that are assessable by any jurisdiction whatsoever (collectively, “Taxes”). If AMMTRADER.COM has a legal obligation to pay, withhold or collect Taxes for which PARTNER is responsible under this Agreement and/or the Partner Contracts, AMMTRADER.COM will invoice PARTNER and PARTNER will pay that amount unless AMMTRADER.COM is able to deduct such amount from PARTNER’s Account (i.e., from Partner Compensation credited to PARTNER’s Account), or if PARTNER provides AMMTRADER.COM with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, AMMTRADER.COM is solely responsible for taxes assessable against AMMTRADER.COM based on AMMTRADER.COM income, property and employees. All late charges, penalties or interest due to PARTNER’s late payment of Taxes invoiced to PARTNER are solely the responsibility of OWNER/PARTNER EXPRESS B2B.
3.3 Fees & Account Management Fees. If AMMTRADER.COM offers and PARTNER requests (which may be by way of click-through) optional services of AMMTRADER.COM for which there are fees, PARTNER is responsible for all such fees and they may be deducted from any Partner Compensation credited to PARTNER’s Account or invoiced to PARTNER and payable net thirty (30) days from PARTNER’s receipt. PARTNER is obligated to maintain accurate contact information on its Account, including providing AMMTRADER.COM with the relevant tax identification information. If PARTNER does not keep such information up to date and AMMTRADER.COM is unable to process compensation payments to PARTNER after six (6) months from when PARTNER was eligible to be paid, AMMTRADER.COM will deduct a fee of Ten US Dollars ($10) per month (“Account Management Fees”) unless and until PARTNER comes into compliance, or until the Account balance is zero.
Third party partners collection and split of revenue: We will not be held repsonsible for any tax liability our partner has collected, befor split. Our tax liability is only what we receive from the third party partner. Our agreement is for the license of our product for third party marketing.
4 Term & Termination
4.1 General. This Agreement shall commence on the Effective Date and shall remain in force unless modified, superseded or terminated. PARTNER may terminate this Agreement upon written notice to AMMTRADER.COM or stop using the AMMTRADER.COM Digital media at any time. AMMTRADER.COM may terminate this Agreement by written notice: (a) upon ten (10) days’ notice (a “Notice Period”) to PARTNER due to PARTNER’s and/or its Users’ breach of this Agreement if such breach is not cured prior to the end of the Notice Period (unless incurable, pursuant to Section 1.4 or if a repeated breach, then prior written notice is not required); (b) due to AMMTRADER.COM.COM’s continued delay or inability to provide the AMMTRADER.COM Digital media or due to any cause(s) beyond AMMTRADER.COM.COM’s control (a “Force Majeure”); or (c) for any or no reason upon thirty (30) days prior written notice (a “Notice Period”). Termination is effective as of the end of the Notice Period (if prior written notice is required and the conditions for termination are met), or upon written notice in all other cases.
4.2 Effect of Termination. Upon the effective date of termination, AMMTRADER.COM shall cease providing access to and PARTNER shall cease all use of the AMMTRADER.COM Digital media. AMMTRADER.COM may seek return of Partner Compensation previously paid out, even after the effective date of termination, due to PARTNER’s non-compliance with this Agreement and/or the Partner Contracts. Post-termination obligations in Section 6.3 shall apply to each Party’s Confidential Information and/or the Data Protection Agreement with respect to Personal Data.
5 Representations and Warranties
5.1 Continuing Warranties/Disclaimers. PARTNER represents and warrants to that the statements contained in this Section 5 are true and correct as of the Effective Date and shall continue to be true and correct through the date of termination of this Agreement (unless stated otherwise). AMMTRADER.COMDISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR USE AND FITNESS FOR A PARTICULAR PURPOSE. AMMTRADER.COMPRODUCTS ARE PROVIDED “AS IS”. AMMTRADER.COMDOES NOT WARRANT THAT THE AMMTRADER.COM Digital media WILL RUN UNINTERRUPTED OR BE ERROR FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE AMMTRADER.COM Digital media OR AS TO ANY USABILITY OR AVAILABILITY OF ADVERTISER CONTENT, ADVERTISER DATA, OR PARTNER DATA PROCESSED BY AMMTRADER.COMIN NO EVENT WILL AMMTRADER.COMBE LIABLE FOR ACTS, ERRORS OR OMISSIONS OF THIRD PARTIES (INCLUDING BUT NOT LIMITED TO ADVERTISERS).
5.2 Warranties: PARTNER represents and warrants that: (i) it has full power and authority to execute, deliver and perform its obligations under this Agreement, and will do so without conflict with any obligation, contract, lease, license, third party’s rights, applicable law or agreement to which PARTNER is a party or by which PARTNER is bound; (ii) in performance of this Agreement and its use of the AMMTRADER.COM Digital media, PARTNER will comply with all applicable laws (including but not limited to Applicable Privacy and Data Security Laws); (iii) it has the right to transmit all PARTNER Data through the AMMTRADER.COM Digital media; (iv) it will use the Advertiser Content and promote the Advertisers pursuant to the terms of this Agreement (including the Data Protection Agreement) and the Partner Contracts, and will not use Advertiser Content or promote the Advertiser in a way that infringes or misappropriates any third party’s Intellectual Property Rights or violates applicable law, rule or regulation; and, as applicable, (v) it has and will at all times comply with Applicable Privacy and Data Security Laws, including but not limited to making legally required notices to and/or obtaining any legally required consents from each Visitor for AMMTRADER.COM as a service provider of PARTNER, to Process the Visitor’s Personal Data pursuant to the Data Protection Agreement.
6 Confidentiality & Personal Data
6.1 Scope. The Receiving Party shall prevent disclosure of the Disclosing Party’s Confidential Information to anyone (including employees, contractors and agents) other than those with a need to know such Confidential Information for the purposes of this Agreement, and who are contractually obligated to keep Disclosing Party’s Confidential Information confidential. The Receiving Party may use the Disclosing Party’s Confidential Information only for the purposes permitted under this Agreement. Disclosure to third parties may be made only to those that the Disclosing Party has authorized such disclosure (including Advertisers for the purpose and/or prospect of Partner Contracts), and Confidential Information shall include information provided by Advertisers that is authorized for disclosure to PARTNER. The Receiving Party must use reasonable efforts to maintain the confidentiality of the Confidential Information, including steps to protect it as the Receiving Party takes to protect its own similarly valuable confidential and proprietary information, and in no event less than a reasonable standard of care. All Confidential Information, including, without limitation, all copies of Confidential Information exchanged under the Agreement, is and will remain the property of the Disclosing Party and/or Disclosing Party’s licensors.
6.2 Compliance with Law. The Receiving Party may disclose Confidential Information that it is obligated to produce by law or other similar requirement of a governmental agency or a subpoena for the limited purpose required by a court or government agency, so long as the Receiving Party provides the Disclosing Party with written notice in advance of any such disclosure (unless prohibited by law or order), and complies with any applicable protective order or equivalent designed to protect the confidentiality of the Confidential Information.
6.3 Continuing Obligations. Upon termination or expiration of this Agreement, the Receiving Party shall destroy the Disclosing Party’s Confidential Information, unless return of Confidential Information is requested in writing by the Disclosing Party within sixty (60) days after termination or expiration of the Agreement. Notwithstanding foregoing, the Receiving Party shall not be obligated to purge any Disclosing Party Confidential Information archived pursuant to the Receiving Party’s normal document retention practices, subject to the continuing obligations of Section 6.1 with respect to such not-readily accessible, archived Confidential Information. PARTNER Data Processed by AMMTRADER.COM may be retained by AMMTRADER.COM for as long as necessary to comply with its obligations under this Agreement and/or as permitted or required by applicable laws, rules and/or regulations. The obligations of confidentiality, non-use and non-disclosure of Confidential Information shall survive the expiration or termination of this Agreement.
6.4 Personal Data. This Agreement is subject to the then-current Data Protection Agreement located at: https, which is incorporated herein by this reference and each Party acknowledges acceptance of its terms. When use of the AMMTRADER.COM Digital media requires AMMTRADER.COM to Process Personal Data of Users and Visitors, such Processing will be done in accordance with the Data Protection Agreement.
7 Indemnity
7.1 AMMTRADER.COM Indemnity. AMMTRADER.COM (as an “Indemnifying Party”) agrees to indemnify, hold harmless, and defend (“Indemnify”) PARTNER, its officers, directors, employees, agents, successors and assignees of each (each a “PARTNER Indemnified Party”), from and against all Claims because of AMMTRADER.COM.COM’s violation of or failure to comply with Applicable Privacy and Data Security Laws. AMMTRADER.COM.COM’s indemnification obligations are subject to Section 7.3 and limited to the extent and percentage a Claim arises from PARTNER’s (i) breach of this Agreement and/or the Data Protection Agreement, (ii) negligence, (iii) illegal conduct, and/or (iv) willful misconduct.
7.2 PARTNER Indemnity. PARTNER (as an “Indemnifying Party”) agrees to Indemnify AMMTRADER.COM , EXPRESS B2B, Affiliates and each of their officers, directors, employees, agents, third party service providers (for products & services resold by AMMTRADER.COM.COM) and Advertisers, successors and assignees of each (each an “AMMTRADER.COM Indemnified Party”), from and against all Claims because of: (a) PARTNER’s violation of or failure to comply with any applicable law, ordinance, regulation, rule or order (including but not limited to Applicable Privacy and Data Security Laws); (b) PARTNER’s breach of Section 6 (Confidentiality); and (c) PARTNER’s breach of any of its representations and warranties and/or terms in this Agreement.
PARTNERS WHICH MAKE UP THE PARTNERSHIP OF EXPRESS B2B ARE HEREBY NULIFIED OF ANY AND ALL DAMAGES THAT MAY BE CAUSED BY ANYONE PARNTER OR AFFLIATE BREECHING THESE TERMS.
7.3 Requirements. An Indemnifying Party’s obligation to Indemnify pursuant to this Section 7 is subject to (a) the Indemnified Party providing the Indemnifying Party with timely written notice of the Claim, (b) the Indemnified Party giving the Indemnifying Party the sole right to defend, compromise, and settle any such Claim (except where settlement would impose any cost or limitation on the Indemnified Party, or would admit fault by the Indemnified Party without the Indemnified Party’s consent), and (c) the Indemnified Party providing reasonable cooperation and assistance to the Indemnifying Party, at the Indemnified Party’s sole expense. Notwithstanding the foregoing, the Indemnified Party shall be entitled to participate in its own defense at the Indemnified Party’s own expense, although such participation does not reduce or relieve the Indemnifying Party’s obligations under this Section 7.
7.4
PARTNER Indemnity. PARTNER (as an “Indemnifying Party”) agrees to Indemnify AMMTRADER.COM , EXPRESS B2B, Affiliates and each of their officers, directors, employees, agents, third party service providers (for products & services resold by AMMTRADER.COM.COM) and Advertisers, successors and assignees of each (each an “AMMTRADER.COM Indemnified Party”), from and against all Claims because of: (a) PARTNER’s violation of or failure to comply with any applicable law, ordinance, regulation, rule or order (including but not limited to Applicable third party affiliate sites used to sell partners intellectual property. As a condition set forth herein, AMMTRADER.COM its partners or affiliates, owners are not responsible for any third party site failure in payment, or product liability as affiliate or partner agrees to seek only from the third party site for payments is dispute. If the product is deemed undeliverable, we reserve the right to make good on our products or services within 30 days, and or thereafter you may seek reimbursement from third party platform.
8 Limitations of Liability
8.1 Disclaimers. AMMTRADER.COM shall not be liable for: (a) PARTNER’s use of the AMMTRADER.COM Digital media in breach of this Agreement (including but not limited to Section 1 and/or the Data Protection Agreement); (b) PARTNER’s and/or its Users acts, errors and omissions; (c) defects, problems, or failures of products, services and/or software not provided by AMMTRADER.COM.COM; and/or (d) defects, problems or failure of the Internet. PARTNER shall be fully responsible and liable to the fullest extent permitted under law for PARTNER’s misappropriation or breach of AMMTRADER.COM.COM’s Intellectual Property Rights or PARTNER’s obligations under Section 6 (Confidential Information & Personal Data), and for return or recoupment of all Partner Compensation paid out but unearned or generated in breach of this Agreement. For the avoidance of doubt, this Section 8 shall survive the termination of this Agreement.
8.2 LIMITS. AMMTRADER.COM.COM’s AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NOT EXCEED ONE HUNDRED US DOLLARS ($100). IN NO CIRCUMSTANCE WILL AMMTRADER.COMHAVE ANY LIABILITY TO PARTNER, ITS USERS, OR ANY THIRD PARTY FOR ANY LOST PROFITS OR LOST REVENUES OR OTHER INDIRECT, SPECIAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT AMMTRADER.COMIS ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. THIS SECTION 8.2 DISCLAIMER DOES NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, OR TO AMMTRADER.COM.COM’s LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF AMMTRADER.COM
8.3 ALLOCATION OF RISK. THE ABOVE LIMITATIONS ON LIABILITY REFLECT THE PARTIES’ AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION 8 WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.
9 Miscellaneous
9.1 Independent Contractor: AMMTRADER. COM is and shall remain an independent contractor of PARTNER and nothing herein shall be deemed or construed to create an employer/employee, joint venture or partnership relationship between the Parties. Neither Party shall have any authority to incur any obligations on behalf of the other Party or to make any promise, representation or contract of any nature on behalf of the other Party.
9.2 Governing Law: The validity, interpretation and performance of this Agreement shall be governed and construed in accordance with the laws of Wyoming without reference to its choice of law doctrine. Each Party shall be entitled to pursue any and all remedies that are available to it at law or equity in state or federal court in Wyoming County, Wyoming. Each Party agrees that it shall not raise, and waives, any defenses based upon venue, inconvenience of forum or lack of personal jurisdiction.
9.3 Entire Agreement: This Agreement and the Data Protection Agreement represent the entire understanding and agreement between the Parties that related to the subject matter hereof, and supersede any and all prior contracts, agreements, understandings or representations, whether written or oral. The Parties expressly agree that any confidentiality and non-disclosure agreement(s) executed between the Parties prior to the date of this Agreement are terminated and such terms are superseded by the terms of this Agreement. The Parties may agree to additional terms and conditions that are applicable to specific AMMTRADER.COM Digital media functionalities and/or services. Each of the Parties acknowledges that there are no other promises, representations, or warranties whatsoever, whether by a Party, its Affiliate, employee, contractor, officer director, agent or attorney of such Party, and acknowledges that it has not executed or authorized the execution of this Agreement in reliance upon any such promise, representation or warranty, that is not expressly contained in this Agreement.
9.4 Third Party Beneficiaries: This Agreement is made solely for the benefit of the Parties to this Agreement, AMMTRADER.COM.COM’s Affiliates and their respective permitted successors and assigns. Other than pursuant to a Party’s indemnification obligations (as applicable) and Affiliates, no other person or entity shall have or acquire any right, power or privilege by virtue of this Agreement, or have any benefit or interest, arising out of this Agreement. Any obligation of AMMTRADER.COM may be performed by an AMMTRADER.COM Affiliate, and the terms of this Agreement may be enforced by an AMMTRADER.COM Affiliate. AMMTRADER.COM may amend this Agreement (or any part thereof) upon written notice to PARTNER which may be through PARTNER’s Account or to the email address listed on PARTNER’s Account. Except as specifically provided for in the preceding sentence or otherwise in this Agreement, no alteration, amendment, waiver, cancellation or any other change in any term or condition of this Agreement shall be valid or binding on either Party except by written mutual agreement.
9.5 Assignment: PARTNER may not assign this Agreement or delegate its duties to any third party without the prior written consent of AMMTRADER.COM including but not limited to transfers to any successor in interest (such as in a merger, consolidation or sale of all or substantially all of the Party’s stock or assets). AMMTRADER.COM may freely assign and transfer this Agreement and delegate its duties. This Agreement shall be binding upon, and shall inure to the benefit of, the Parties and their respective successors and permitted assigns.
9.6 Notice: No notice required or permitted hereunder shall be valid unless given in writing and shall be deemed to have been validly given only if delivered as follows: (a) by AMMTRADER.COM to PARTNER – within the messaging functionality of the AMMTRADER.COM Digital media or at the email address listed on PARTNER’s Account; and (b) by PARTNER to AMMTRADER.COM- by registered or certified mail, postage prepaid, return receipt requested, or commercial courier to: AMMTRADER.COM, Inc., USA. Notice is effective upon receipt (or refusal to accept receipt), and, in the case of email notice, upon delivery.
9.7 Survival/Severability: Except as otherwise provided herein, warranties and obligations contained herein shall survive termination of this Agreement, regardless of the reason for such termination, and shall continue in full force and effect. The provisions of this Agreement are severable, and if any clause or provisions hereof shall be held invalid or unenforceable in whole or in part in any jurisdiction, then such invalidity or unenforceability shall affect only such clause or provision, or part thereof, in such jurisdiction and shall not in any manner affect such clause or provision in any other jurisdiction, or any other clause or provision in this Agreement in any jurisdiction. Any such clause or provision held invalid or unenforceable, in whole or in part, to the extent permitted by law, shall be restricted in applicability or reformed to the minimum extent required for such clause or provision to be enforceable.
9.8 Remedies/Waiver: Unless explicitly stated otherwise, each Party’s rights and remedies whether in contract, law or equity, are cumulative. Any waiver by either Party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition, unless such waiver is expressed in writing and signed by the Parties. Delay in the enforcement of any remedy in the event of a breach of any term or condition, or in the exercise by either Party of any right, shall not be construed as a waiver of such remedy or right, unless the Agreement provides for a specific period of time for notice of breach or exercise of a right.
9.9 Electronic Signatures/Interpretation. The Parties acknowledge that they have had an opportunity to review this Agreement, seek counsel regarding interpretation of its terms, and an opportunity to negotiate and make amendments to these terms. In the event of an ambiguity or question of intent or interpretation arises, this Agreement shall be construed as if drafted jointly by the Parties, and no presumption or burden of proof shall arise favoring or disfavoring any Party by virtue of the authorship of any of the provisions of this Agreement. PARTNER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE PRODUCTS. Further, PARTNER hereby waives any rights or requirements under any applicable statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
9.10 Definitions. Capitalized terms used, but not otherwise defined herein, have the following meanings:
(a) “Account” means the password protected area within the Products that contains PARTNER’s contact information (including for notifications, that is required to be kept up-to-date by PARTNER), and that contains a ledger account with balance information regarding compensation amounts owed to PARTNER by Advertisers.
(b) “Actions” or “Events” means each occurrence, such as a click, lead, install, impression or other action, identified in the Partner Contract that is tracked by or reported to and recorded by AMMTRADER.COMand/or for which PARTNER is compensated pursuant to the terms of the Partner Contracts.
(c) “Advertiser” means each entity with whom the PARTNER enters into a Partner Contract.
(d) “Advertiser Content” means an Advertiser’s advertising materials in any form or format, such as visual, written or audible communications, files, documents, videos, recordings, and that is made available to PARTNER through or for the provision of the AMMTRADER.COM Digital media.
(e) “Advertiser Data” means confidential or proprietary data supplied by the Advertiser or Visitors or generated through the AMMTRADER.COM Digital media as a result of Visitors’ interactions with Advertiser Content and their resulting Actions. PARTNER
(f) “Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control with AMMTRADER.COM Control in this context (including its correlative meanings) means direct or indirect possession of the power to direct or cause the direction of the management and policies of such entity, whether through ownership or control of more than 50% of the voting interests of the subject entity, by contract or otherwise.
(g) “Applicable Privacy and Data Security Laws” means any and all privacy, security, and data protection laws, rules and regulations of any applicable jurisdiction, that are applicable to the collection, processing, storage, protection and disclosure of Personal Data..
(h) “Claims” means all third party alleged or actual actions, causes of action (of any nature or type), personal injury, claims, damages, demands, disbursements, judgments, legal proceedings, liability, losses, property damage, settlement payments, costs or expenses (including attorneys’ fees and costs).
(i) “Confidential Information” means all information or material, whether past, present or future, and whether in oral, written, digital, electronic or other form, that is of or concerning a “Disclosing Party” (Party providing the information or whom the information is about) which is disclosed to or learned by a “Receiving Party” (Party receiving or learning the information), that relates in any way to, or is about, the Disclosing Party, its financial data, business plans, pricing, methods, methodologies, processes, lists, intellectual property rights, customer information, products, services, information Digital media, software user interfaces, programs, research, development and/or marketing strategies, whether or not such information and materials are marked or identified as “confidential”; provided that “Confidential Information” shall not include information which is: (i) approved for release or released by the Disclosing Party for public disclosure; (ii) becomes known publicly through no fault of the Receiving Party; (iii) is lawfully obtained from a third-party free of restrictions on disclosure; (iv) is already known to the Receiving Party; or (v) is developed by or for the Receiving Party independent of the Disclosing Party’s Confidential Information; or (vi) is released without restriction by the Disclosing Party.
By using this site or any of its contents, is an agreement set forth, and condtions listed herein, even may be in error, the owners reserve the right to correct, and any and all other conditions written herein are enforceable, and subject to immediate governance.
(j) Reselling the sites partner's intellectual property: Each item will have its own contract and payment schedule, split in revenue. We reserve the right to amend, and or change the split or offer if the costs of such items changes or becomes more difficult to manage or any other unforeseen anomies.
(k) AMMTRADER.COM means is owned in part by Express B2B, Inc., a Wyoming corporation, with its principal place of business at , Wyoming USA.
(l) “AMMTRADER.COM Digital Media” means the products, services, platform, documents, software, works of authorship, inventions, Digital media, hardware, processes, algorithms, user interfaces, know-how, trade secrets, techniques, designs, and other tangible or intangible technical material or information of AMMTRADER.COM including statistical data and metrics concerning any of the foregoing.
(m) “Intellectual Property” means any product of the human intellect that the law protects from unauthorized use by others, and “Intellectual Property Rights” means any and all right, title and interest in Intellectual Property existing as of the Effective Date or at any time thereafter, worldwide, including all patent, patent application, copyright, trademark, trade name, service mark, service name, trade secret or other proprietary right arising or enforceable under any applicable law, rule, or regulation.
(n) “PARTNER” means the individual or entity that enters into this Agreement with AMMTRADER.COM and does not include (and these terms are void and AMMTRADER.COM Digital media may not be used by) individuals under the age of 18 years old as well as competitors of, or those using the AMMTRADER.COM Digital media to compete with, AMMTRADER.COM.
(o) “PARTNER Data” means the Personal Data if any that is provided by PARTNER or Visitors (or Processed by AMMTRADER.COM about Visitors that visit or use PARTNER’s website(s) or other promotion methods and means, and that interact with Advertiser Content promoted by PARTNER in accordance with the terms of this Agreement and the Partner Contracts.
(p) “Partner Contract(s)” means the terms and conditions entered into with an Advertiser with respect to promotion of the Advertiser or Advertiser Content, including compensation and other details (such as permitted use, prohibited use, etc.), and that are implemented through the AMMTRADER.COM Digital Media.
(q) “Personal Data” has the meaning given to it in Applicable Privacy and Data Security Laws, and that is Processed by AMMTRADER.COMand relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular natural person, whether on its own or in the aggregate with other information Processed by AMMTRADER.COM, and excludes anonymous or anonymized information.
(r) “Process(ing)” means any operation or set of operations that is performed by AMMTRADER.COMand/or AMMTRADER.COM Digital media, whether by automatic means, such as collection, recording, organization, storage, adaptation or alteration, retrieval, consultation, use, performance, disclosure by transmission, dissemination or making available (including making available to view), transfer, alignment or combination, blocking, erasure or destruction.
(s) “Users” means individuals who are authorized by PARTNER to use the AMMTRADER.COM Digital media on behalf of PARTNER, and that set up user unique identifications/log-ins and passwords. A “User” may not be a competitor of or compete with AMMTRADER.COM PARTNER may not authorize third parties as a “User”.
(t) “Visitor” means an individual that is a consumer or customer/prospective customer of and that interacts with Advertiser Content, such as clicking on a text link or banner, filling out the Advertiser’s lead form, making a purchase from the Advertiser, etc.
EACH PERSON EXECUTING THIS AGREEMENT ON BEHALF OF AN ENTITY REPRESENTS AND WARRANTS THAT HE OR SHE HAS COMPLETE AND FULL AUTHORITY AND CAPACITY TO ACT ON BEHALF OF THAT ENTITY. SUCH PERSON AGREES TO INDEMNIFY, DEFEND AND HOLD AMMTRADER.COM AND ITS AFFILIATES HARMLESS IN THE EVENT THAT THE PERSON WAS NOT AUTHORIZED.
AMM TRADER
Membership agreement affiliates
PUBLISHER PARTNER MEMBERSHIP AGREEMENT
This Publisher Partner Membership Agreement, together with applicable Schedules (the "Agreement") is by and between Publisher Partner (or "You") and Supplier. BY CLICKING ON THE AMM TRADER PAGE, YOU AGREE TO THE TERMS OF THIS AGREEMENT. Any use of the Supplier Network is subject to the terms of this Agreement and the Network Policies found here: AMM TRDER.COM Defined terms shall have the meaning set forth in Schedule A.
1. MEMBERSHIP REQUIREMENTS
1.1 Membership. To participate as a Publisher Partner in Supplier's Network, You must:
a. be either a legal entity or an individual 18 years or older; and
b. your activity on the Network must comply at all times with applicable federal, state, local and foreign laws, ordinances, rules, regulations, and Network Policies, including applicable Data Protection Laws.
1.2 Membership Restrictions.
a. Business Use Only. THE NETWORK AND NETWORK PLATFORM ARE MADE AVAILABLE TO YOU FOR THE SOLE PURPOSE OF FACILITATING BUSINESS TRANSACTIONS AS PERMITTED UNDER THIS AGREEMENT. YOU MAY ONLY USE THE NETWORK AND NETWORK PLATFORM TO CONDUCT BUSINESS ACTIVITY AND NOT AS A CONSUMER.
b. User-requested Benefit. The digital property on which You include our Qualifying Links provides users with a user-requested benefit.
c. Not a Provider of Goods and Services. Your participation on the Network, use of the Network Platform, and receipt of payments as a Publisher Partner of the Network is not an inducement for, or solicitation of You to provide any products or services to Supplier. You are not and will not be deemed to be a vendor, supplier or provider of goods or services to Supplier.
d. Prohibited Activities. As a Publisher Partner on the Network, You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation in the Network, or any program offered through the Network or use of any functions on the Network Platform.
2. MEMBERSHIP BENEFITS
As a Publisher Partner, You will receive access to the Network, the Network Platform (including Supplier Tools and reports offered through the Network Platform), and You will be eligible to enter into Engagements with Advertisers for the purpose of promoting Advertiser products and services as part of the Network.
2.1 Engagements. Any Engagement that You enter into with an Advertiser is subject to the terms and conditions set forth by that Advertiser. Unless separately agreed to between You and Supplier as part of a Direct Engagement, Supplier is not a party to such Engagements and has no obligation to You with respect to any such Engagement.
a. Direct Engagements. From time to time, Supplier may agree to act on behalf of Advertiser. In such an event, Supplier will enter into an Engagement with You directly, which is known as a Direct Engagement. If Supplier enters into a Direct Engagement with You, (a) You will need to agree to additional terms and conditions with Supplier governing the Direct Engagement; (b) all compensation for such Direct Engagements will be determined and paid directly by Supplier; and (c) You will not have a direct relationship with the Advertiser.
b. In case of any dispute as to whether the Engagement is a Direct Engagement, Supplier's determination will control and be binding on the parties.
2.2 Supplier Tools. Supplier may provide You with certain tools, including Qualifying Links, that will measure Your performance on the Network. You agree to implement, operate, maintain and update the Supplier Tools in accordance with Supplier's instruction. Failure to do so may negatively impact Tracked Activities and/or commissions. You may not create Your own Qualifying Links without the express written authorization of Advertiser or Supplier.
a. Valid Referrals Only. You may not, nor knowingly permit any person to, use Supplier Tools to inflate the amount of any Tracked Activities.
b. No Spam. You may not use any Qualifying Links in any electronic message without the express written authorization of Advertiser or Supplier. If so permitted, Your electronic messages: (i) must comply in all respects with this Agreement, the Advertiser's terms and conditions, and any applicable laws regarding the delivery of unsolicited electronic communications, also known as SPAM; and (ii) must not identify Advertiser or Supplier as a sender or sponsor of such electronic message without the express written authorization of Advertiser or Supplier.
c. Distribution of Qualifying Links. If You distribute Qualifying Links on sites other than those controlled You, You agree: (i) that, upon written request of Supplier, You will provide Supplier with a list of sites where Qualifying Links have been distributed, (ii) to provide prompt and reasonable cooperation to Supplier in responding to any issues raised by Advertiser regarding the distribution of Qualifying Links; and (iii) cease further distribution of such Qualifying Links if so required by Supplier or Advertiser. Supplier reserves the right to prohibit You from distributing Qualifying Links to and from displaying Qualifying Links on third party sites.
d. Termination of Qualifying Links. Advertiser or Supplier may terminate the Qualifying Links associated with an Engagement at any time. If such links are terminated, You must promptly remove such Qualifying Links upon written notice from Advertiser or Supplier. Should You fail to promptly terminate such links, Supplier may redirect such links in its sole discretion without compensation to You.
2.3 Reports. As a Publisher Partner, You will have access to features of the Network and Network Platform, including reports on Tracked Activities and commissions. To prepare such reports, Supplier relies on data provided or made available by Advertisers. Supplier is not obligated to confirm, and does not warrant or guarantee the accuracy or completeness of any data provided by Advertisers.
a. Errors. If You believe that Your reports contain an error, You must notify Advertiser (with a copy to Supplier) or Supplier directly in the case of a Direct Engagement, of such error within ten (10) days after the end after the completion of the monthly service period (or within such period otherwise agreed to by You as part of an Engagement), or the report will be deemed accepted by You.
b. Adjustments. Supplier reserves the right to revise any report at any time if, in Supplier or Advertiser's determination, such report contains an error or otherwise requires adjustment. Any such revision may affect the amount of commissions correlating to the Tracked Activities.
c. Notice of Errors. Supplier will notify You of reporting errors using the contact information that You provided in the Network Platform. You will have ten (10) days after the posting of such correction or adjustment (or within such period otherwise agreed to by You as part of an Engagement) to notify Advertiser (with a copy to Supplier) of errors in a corrected or adjusted report.
d. Resolution of Discrepancies. Any dispute between You and Advertiser regarding errors reported by You must be resolved by You directly with Advertisers, except disputes in Direct Engagements which will be resolved between You and Supplier. In the event of discrepancies arising out of different measurement sources (including Your or a third party's measurements), Supplier's reports will control, including with respect to the commissions due to You.
e. Modification to Scope of Reports. Supplier may change the scope of the historical data stored in the Supplier Tools and/or provided to You in its sole discretion. You are responsible for backing up any reports or data provided to You and taking other precautions to avoid data losses.
f. Third Party Access. No third parties may have access to Supplier reporting without the prior written consent of Supplier, and such access will be subject to the terms and conditions set forth by Supplier. In no event will any third parties be permitted access to the Supplier reporting for the purpose of developing reporting across unaffiliated networks.
3. PAYMENTS; FEES
3.1 Advertiser Responsibility. Except for Direct Engagements, Advertiser is solely responsible for payments to You in accordance with the terms of the applicable Engagement.
3.2 Supplier Responsibility. As a service to Advertiser, Supplier may assume responsibility for transmitting payments or managing adjustments in payments to You, only after receiving appropriate instructions or authorization from Advertiser to do so. For Direct Engagements, Supplier is responsible for payments to You in accordance with the terms of the applicable Engagement.
3.3 Disputes. In the event Supplier is in receipt of funds from Advertiser for the purpose of paying commissions to You, and a dispute arises between You and Advertiser regarding the amounts due, Supplier will be entitled to hold or return such funds to Advertiser, and to decline to offer further services on behalf of Advertiser until such dispute is resolved and Supplier is notified, in writing, by all parties, that payments should resume. You agree that Supplier has no obligation and incurs no liabilities to You in connection with any such dispute.
3.4 Inactivity. If Your account is inactive for more than twelve (12) consecutive months, Supplier reserves the right to debit Your account balance in accordance with the schedule below to cover the cost of account maintenance until (a) You reactivate Your account by generating a commissionable activity through a Qualifying Link associated with Your account, or (b) Your account balance is zero. If the balance in Your inactive account is or becomes zero, Supplier reserves the right to close the account permanently and cease to maintain Your account records and Publisher program access. The inactive account maintenance charge will not cause Your account balance to become negative and will not cause You to owe money to Supplier. Your Publisher account becomes "Inactive" when You have failed to generate commissionable activity through a Qualifying Link associated with Your account for a period of 12 consecutive months.
Inactivity Fee Schedule:
a. If Your account balance is greater than 100 currency units, a monthly fee the lessor of (a) 50 currency units or (b) 10% of the outstanding balance will be assessed;
b. If Your account balance is less than 100 currency units, a monthly fee of 10 currency units will be assessed; and,
c. If Your account balance is less than 10 currency units, a fee equivalent to the full balance in Your account will be assessed.
A "currency unit" is the standard unit of monetary value used to calculate commissions in Your account. For example, if You have selected to be paid in US Dollars in Your account, then the applicable currency unit is US Dollars.
3.5 Right to Assess Fees; Right to Offset. Unless otherwise designated in writing, the Network and access to the Network Platform are provided to Publisher Partners free of charge. Supplier may, at any time upon prior written notice to You, charge fees in relation to any service provided as part of the Network or Network Platform, including Your participation on the Network. In such an event, You may elect not to pay any such fees by discontinuing Your participation in the Network prior to the commencement of such fees. Supplier may withhold and offset any fees or other charges owing to it against any amounts remitted to You by Advertiser through Supplier.
3.6 Taxes. You are responsible for determining the applicability of certain tax laws depending on the location of your operations, the scope of your activity, and other applicable criteria. You agree to comply with all applicable tax laws, and You agree that You are solely responsible for any tax obligations, including reporting, arising from or in connection with any compensation earned by You as a result of Your participation in the Network or an Engagement. You agree that Supplier is authorized, on a limited basis, to invoice and collect in Your name and on Your behalf, the compensation due to You pursuant to this Agreement or Engagements with any Advertisers. You will cooperate with Supplier and provide the necessary financial and tax information, including Value Added Tax (VAT) and company registration numbers and the like, to facilitate this invoicing and collection activity. You acknowledge that You have access to copies of all invoices issued by Supplier in Your name and on Your behalf. You may raise any objections to the content of the invoices issued in Your name and on Your behalf with Supplier within ten (10) days after the date of issue of the invoice. You acknowledge and agree that You retain full responsibility for: (a) fulfilling Your obligations with respect to VAT or other taxation on the rendering of services, if applicable; (b) paying the VAT or other taxation on the rendering of services, if applicable, on the commissions collected and paid to You by Supplier on Your behalf; (c) immediately reviewing all invoices and requesting copies of any reports or invoices not received from Supplier; (d) advising Supplier of any changes to Your company's tax identification information; and (e) otherwise complying with all applicable tax laws, rules and regulations. In the event there are any joint tax law responsibilities that is potentially attributable to the Supplier, the Publisher shall take all acts necessary to comply with the joint responsibilities and shall also hold the Supplier harmless.
3.7 Exchange Rate Risk. In the event that Supplier is retained by Advertiser to process payments on its behalf, You may be permitted, at Supplier's sole discretion, to elect to receive payment in a currency other than the default currency for the applicable the Advertiser. In such case You will bear all risk of any fluctuations in the applicable currency exchange rate.
4. LICENSE
4.1 License to You. Subject to the terms of this Agreement, Supplier grants You a personal, non-exclusive, non-transferable, non-sublicensable, revocable and limited license to do the following solely for the Permitted Purpose: (a) use information from or about the Network for the Permitted Purpose, (b) access the Network Platform including reports made available to You by Supplier; and (d) use without modification any Supplier Tools (including Qualifying Links) provided by Supplier.
a. Limitations. Except as provided in this Section 4, all other uses of the Network, the Network Platform, the Supplier Tools, or other intellectual property made available to You by Supplier is prohibited. You may not circumvent, reverse engineer, disassemble, decompile or attempt to derive source code for, impair, disable or otherwise interfere with any tracking codes and/or other technology and/or methodology made available by Supplier and/or Advertiser.
b. No Sublicense. Unless You are so permitted as a Subnetwork, You may not: (i) sublicense, rent, lease, sell, resell, or outsource any Supplier Tools; or (ii) use any Supplier Tools in connection with aggregating, soliciting or recruiting Advertisers, other publishers, other sites or other persons to form or join a marketing, advertising or similar network. Any attempt to do the above will be null and void.
c. Use of the Supplier Name. This Agreement does not grant to You any license or right to use Supplier's name or any of its logos or trade or service names or marks except to the extent any trade or service name is part of any code made available to You as part of a Qualifying Link. Any public announcement by You regarding this Agreement or the Network or that otherwise refers to Supplier will require the prior written approval of Supplier. You agree not to disparage Supplier, the Network or any participants on the Network.
d. Duration. The license set forth in this section applies only while You remain a Publisher Partner on the Network and are in full compliance with this Agreement. Supplier may revoke this license at any time by giving You written notice.
4.2 License to Supplier. You grant Supplier a non-exclusive, worldwide, royalty-free, sublicensable, license to: (a) use and store any business name, contact information, data or Content You upload, deliver or otherwise make available to Supplier in order to perform services related to the Network; and (b) to reference Your participation in the Network as part of performing services related to the Network and Network Platform. Any uses of Your logos or other trademarks will be made in accordance with Your specified usage guidelines.
4.3 Data Ownership. As between You and Supplier, You own all data provided by You or that independently collect through Your sites without use of the Network, the Network Platform, or Supplier Tools, subject to the licenses granted under this Agreement; and Supplier owns all Platform Data.
4.4 Subnetworks. Notwithstanding anything to the contrary in this Section 4, if You are a Subnetwork, Supplier hereby grants You a license, on terms equivalent to Section 4.1, to further sublicense to Subpublishers for the Permitted Purpose, subject to Supplier's prior written consent and the following restrictions:
a. In exchange for this right to sublicense, You agree to provide information regarding, as requested by Supplier, to the extent necessary to provide the services related to the Network and the Network Platform.
b. Supplier agrees that it will not use Subpublisher information to solicit such Subpublishers to become Publisher Partners; provided, however, it will not be a violation for Supplier to (i) to engage in general solicitations of publishers as long as not directed at Subnetworks' Subpublishers; and (ii) permit a Subpublisher to sign up as a Publisher Partner in response to such a general solicitation.
c. You will remain liable for all acts or omissions of any Subpublisher.
5. CONFIDENTIAL INFORMATION
5.1 Non-Disclosure. Each party ("Receiving Party") will keep the other party's ("Disclosing Party") Confidential Information secure using at least the same degree of care that it uses to protect its own Confidential Information, but no less than reasonable care, and will not disclose or use such other party's Confidential Information except to the extent reasonably necessary to perform its obligations or exercise its rights under this Agreement. Further, the Receiving Party may disclose the Disclosing Party's Confidential Information only to those of its employees, officers and directors, third-party consultants, and advisers, and the employees and officers of its Affiliates (collectively referred to as "Representatives") with a legitimate need to know such information in order to perform their respective duties; provided that (a) each such person has a legal or contractual obligation to maintain the confidentiality of such information, and (b) in the case of Representatives, no such Representative is a competitor of, or affiliate of a competitor of, the Disclosing Party. You are responsible for the use and storage of the password and ID issued by Supplier to access the Supplier Tools and will immediately notify Supplier in writing of any loss or involuntary disclosure thereof. Supplier reserves the right to change the password and ID issued to You in the event of a suspected breach of this Agreement or compromise of the security of Your account.
5.2 Exceptions. The term "Confidential Information" will not include information that (a) is or becomes publicly available without breach of this Agreement, (b) the Receiving Party obtains from a source other than the Disclosing Party, provided that the disclosure to the Receiving Party by such source is not known to the Receiving Party to be a violation of a confidentiality obligation of such source to the Disclosing Party, and (c) the Receiving Party knew prior to receiving such information from the Disclosing Party or develops independently without use of the disclosing party's trade secrets or confidential information, as shown by contemporaneous records. The confidentiality restrictions in this Agreement will not apply to disclosure by the Receiving Party of the Disclosing Party's Confidential Information to the extent required by law or court order, provided that the Receiving Party uses reasonable efforts to give the Disclosing Party prompt written notice of such requirement, in advance if possible, in order to give the Disclosing Party an opportunity to lawfully prevent or limit the scope of such disclosure.
6. PRIVACY; DATA PROTECTION
The provisions below are not intended as legal advice; You are responsible for determining what laws, including data privacy laws, to which You and Your business are subject.
6.1 Privacy Policy. To the extent required by applicable Data Protection Laws, You agree to maintain, on all Sites used by You in connection with Your participation in the Network, a privacy policy that meets the following criteria: (a) is accessible conspicuously from such Site's home page, with a link that contains the word "Privacy", "Legal", "Terms" or similar language; (b) provide necessary disclosures related to: (i) the use of tracking devices, including cookies and tracking devices enabled by Supplier at Your request on Your behalf; (ii) descriptions of data collection conducted by You (including for Interest-Based Advertising as defined below), and (iii) information about the how a user can exercise choices (including opt-out) available to visitors to Your sites, in or around Qualifying Links and other advertising content.
a. "Interest-Based Advertising" means each of (x) the collection of data across multiple digital properties or other sources for the purpose(s) of profiling and delivering advertising based on preferences or interests known or inferred from the data collected and (y) the collection of data about a user's activity on or in one digital property or source for the purpose(s) of profiling and delivering advertising based on that data on a different digital property.
6.2 Compliance with Additional Data Provisions. Depending on the location of Your business and the traffic through Your Sites, You further agree to the data protection provisions set forth in Schedule I. If You fail to comply with the requirements of this section, Supplier reserves the right to suspend payments that it reasonably believes is related to non-compliant activity, or to suspend or terminate Your account pursuant to the Agreement. If you determine that certain Data Protection Laws do not apply to you, then you agree to provide Supplier with your analysis concluding the same or, provide detailed information regarding the specific steps you take to ensure that individuals located in the applicable jurisdiction, or to otherwise ensure that individuals located in a particular regulated jurisdiction do not visit Your Site using the Network or Supplier Tools.
7. REPRESENTATIONS AND WARRANTIES
7.1 By both parties. Each party hereby represents, warrants, and agrees: (a) it is duly organized, validly existing, and has full authority to enter into this Agreement; (b) it has the full authority to perform its duties under this Agreement; (c) it will comply with all laws, rules and regulations applicable to the operation of its business and to its performance under this Agreement; and (d) performance under this Agreement does not conflict with any other duty to any other party under which it is bound, including proprietary and privacy rights.
7.2 By Publisher Partner. You further represent, warrant, and agree that: a) the information You provided as part of the registration process or otherwise, is and will be truthful, accurate and complete; and b) the digital property on which You include our Qualifying Links provides users a user-requested benefit.
7.3 Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS EXPRESSLY OUTLINED ABOVE, SUPPLIER (INCLUDING ITS CONTRACTORS AND SUPPLIERS) PROVIDE THE NETWORK, THE NETWORK PLATFORM, THE TOOLS, AND THE SERVICES ASSOCIATED WITH THE NETWORK ON AN "AS-IS' BASIS. SUPPLIER HEREBY DISCLAIMS AND MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING REPRESENTATIONS, GUARANTEES OR WARRANTIES AS TO ACCURACY, ADVERTISERABILITY, NON-INFRINGEMENT, COMPLETENESS, CURRENTNESS, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. SUPPLIER DOES NOT WARRANT THAT YOUR USE OF THE NETWORK, THE NETWORK PLATFORM, OR SUPPLIER TOOLS WILL RESULT IN ANY PARTICULAR LEVEL OF INCOME OR BUSINESS TO YOU, OR THAT ANY QUALIFYING LINKS OR ENGAGEMENTS WILL BE AVAILABLE TO YOU.
8. LIMITATIONS OF LIABILITY
8.1 LIMITATION. TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF SUPPLIER FOR ANY CLAIMS MADE UNDER THIS AGREEMENT WILL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE LESSER OF (A) THE AVERAGE OF COMMISSION FEES PAYABLE TO YOU BY NETWORK ADVERTISERS DURING THE THREE (3) MONTH PERIOD PRIOR TO ANY SUCH CLAIM, AND (B) USD $1,000 OR THE EQUIVALENT IN THE APPLICABLE CURRENCY UNIT. YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF LIABILITY IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT SUPPLIER IS PROVIDING THIS SERVICE AT NO CHARGE TO YOU.
8.2 NO CONSEQUENTIAL DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH ENTITY WAS AWARE THAT SUCH DAMAGES COULD RESULT. THE FOREGOING WILL NOT LIMIT RECOVERY FOR (A) THIRD PARTY CLAIMS AGAINST SUPPLIER ARISING FROM YOUR BREACH OF THIS AGREEMENT, AND (B) YOUR INFRINGEMENT OR MISUSE OF SUPPLIER'S INTELLECTUAL PROPERTY RIGHTS.
9. INDEMNIFICATION
9.1 Indemnification by You. You agree to indemnify and hold harmless Supplier for and against any Claims that directly or indirectly arise out of or are based on (a) any breach of Your obligations under this Agreement, including failure to comply with applicable Data Protections Laws, or tax, labor or other applicable laws, (b) any breach by You of an Engagement, (c) Your negligence or willful misconduct, and (d) any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person.
9.2 Supplier Indemnification. Supplier agrees to indemnify and hold You harmless for and against any Claims that directly or indirectly arise out of or are based on (a) any breach of Supplier's obligations under this Agreement, and/or (b) any claims that the Supplier owned Intellectual Property Rights licensed to You by Supplier, when used strictly as permitted under this Agreement, infringe any Intellectual Property Rights or other rights of any person.
9.3 Control of Defense. Supplier may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification. Supplier may participate in the defense of all claims as to which it does not assume defense and control, and You will not settle any such claim without Supplier's prior written consent.
10. AMENDMENTS; CHANGES IN SERVICES
10.1 Upon at least fourteen (14) days' prior written notice, Supplier may, at any time, (a) add to, remove or otherwise amend any or all terms, conditions and/or other provisions of this Agreement, including any Network Policies or (b) add, remove, suspend or discontinue any aspect of the Network, the Network Platform, and Supplier Tools.
10.2 YOUR CONTINUED USE OF THE NETWORK AND/OR OFFERING AFTER EXPIRATION OF ANY APPLICABLE PRIOR NOTICE PERIOD WILL CONSTITUTE YOUR BINDING AND LEGALLY ENFORCEABLE AGREEMENT TO SUCH AMENDMENT OR CHANGE, AS APPLICABLE. IF YOU DO NOT WISH TO ACCEPT ANY SUCH AMENDMENT OR CHANGE, THEN YOU MUST TERMINATE YOUR ACCOUNT IN THE NETWORK AND CEASE USING THE NETWORK, THE NETWORK PLATFORM, SUPPLIER TOOLS (INCLUDING QUALIFYING LINKS) AND ANY ASSOCIATED ENGAGEMENT.
11. TERMINATION; SUSPENSION
11.1 Termination. Either party may terminate this Agreement and Your participation in the Network at any time by providing written notice to the other party. Your removal of Qualifying Links from Your Site alone does not terminate an Engagement or this Agreement.
11.2 Suspension. Supplier may suspend, limit, restrict, condition or deny Your access to or use of all or any part of the Network, the Network Platform, the Supplier Tools, or any Qualifying Links at any time in its sole discretion.
11.3 Termination of Advertiser. Should an Advertiser's participation in the Network end or be suspended, Supplier may terminate or suspend all Qualifying Links with that Advertiser without notice and without obligation or liability to You.
12. EFFECTS OF TERMINATION
12.1 Termination. Upon any termination of this Agreement and/or Your participation on the Network:
a. You will immediately cease to use and remove from all Site(s), whether or not controlled by You, all Qualifying Links and other Content or materials provided to You in connection with Your participation in the Network or Your use of the Network Platform and Supplier Tools.
b. All licenses and rights granted to You under this Agreement will immediately cease and terminate.
c. Supplier may terminate or, in its sole discretion, direct or redirect all Qualifying Links continued to be used by You without Supplier or any Advertiser incurring any further liability or obligation to You.
d. All confidential information of Supplier (including as applicable any confidential information of Advertisers as and to the extent originally provided by Supplier) that is in Your possession or control must be immediately returned or destroyed, at Supplier's sole discretion. If requested, You will certify in a writing signed by You or an authorized officer as to the return or destruction of all such confidential or proprietary information.
e. You must, in accordance with Schedule I, follow all applicable Data Protection Laws and Supplier's guidelines (if applicable to the location of your operations) regarding the termination of Personal Data processing and the deletion of Personal Data.
12.2 Survival. All rights or remedies arising out of a breach of any terms of this Agreement will survive any such termination of this Agreement. Sections 5 Ð Confidential Information, 6 Ð Privacy; Data Protection, 7 Ð Representation and Warranties, 8 Ð Limitation of Liability, 9 - Indemnification and any provision which by its terms are intended to survive any expiration or termination of this Agreement, will survive any expiration or termination of this Agreement, for a period of five (5) years or by the term provided by law.
13. SPECIALTLY PUBLISHER PARTNER TERMS
If you are a specialty publisher partner, You may be required to enter into an addendum that addresses the Your business model.
14. MISCELLANEOUS
14.1 Independent Contractors. The parties are independent contractors and not partners or joint venturers. This Agreement is governed by applicable civil legislation and nothing in this Agreement will confer upon either party any authority to obligate or bind the other in any respect or cause either party to have a fiduciary or employment relationship with the other.
14.2 Force Majeure. Supplier will not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, strikes, earthquakes, interruptions in telecommunications services or internet facilities, pandemics or any other cause which is beyond the reasonable control of Supplier, whether or not similar to the foregoing
14.3 Assignability. You may not assign or delegate any of the rights or obligations under this Agreement, and any such attempted assignment or delegation will be void. This Agreement is binding on and inures to the benefit of the respective permitted successors, heirs and assigns of each party.
14.4 Severability. If any portion of this Agreement is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, will remain in full force and effect. If any provision of this Agreement will be judicially unenforceable in any jurisdiction, such provision will not be affected with respect to any other jurisdiction.
14.5 UN Convention. This Agreement will not be governed by the provisions of the 1980 United Nations Convention on Contracts for the International Sale of Goods.
14.6 Governing Law. Except as otherwise provided in Schedule II, this Agreement and any non-contractual rights or obligations arising out of or in connection with it will be governed by and construed in accordance with the laws of the State of Wyoming, U.S.A., without regard to its conflicts of law principles.
14.7 Dispute Resolution. Except for actions seeking equitable or injunctive relief or as otherwise set forth in Schedule III, any dispute, controversy or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to this Agreement, will be referred to and finally resolved by arbitration as set forth in Schedule III. Notwithstanding the foregoing, either party will be entitled to apply to any court of competent jurisdiction for injunctive relief, without bond, to restrain any actual or threatened conduct in violation of this Agreement or to specifically enforce any party's obligations under this Agreement.
Intent contract binding:
As a conditions set forth herein:
Any and all replies for information, in considered licensable trade secrets, intellectual property
and as tangible educational, resources, that in part or in whole is our means of monetary
structure, and as an exact proximate, you may be asked your intent of information requested by
us, in which if your intent does match our needs, and productive nature, we may deem you a
hazard to the advancement of our system, ability to process our system. Any proclaimed negative
intent and or deceptive intent, will be grounds for barring, banning, and civil remedies.
If you have shown intent to just impede our progresses, we may deem you as a common criminal,
, pilferer and plunderer, and fine you as set forth in our usage guidelines. We reserve the right to
amend our conditions, upon the implementation of any and all State or Federal laws new or old,
as a condition set forth herein, any evidence that may be applicable that our guideline are not
within a certain criteria, must be disclosed within 30 days, and 30 days for updating our terms, and
condition disclosures.
UNLESS PROHIBITED BY APPLICABLE LAW, ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE IN ANY FORUM WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR SUPPLIER WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. NO ARBITRATION OR OTHER PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.
14.8 Entire Agreement; Third Party Beneficiaries. This Agreement is the entire agreement between the parties pertaining to its subject matter and supersedes all prior written or oral agreements with respect to such subject matter. There are no third-party beneficiaries of this Agreement. The headings of sections or other subdivisions of this Agreement will not affect in any way the meaning or interpretation of this Agreement.
14.9 Notices. Supplier may provide notices to You by posting notices or links to notices in the Network Platform or by e-mail, regular mail, overnight courier or facsimile at Your contact addresses of record for the Network. Notices to Supplier must be sent, postage prepaid, by registered or certified mail or by international or domestic overnight courier, to the address specified in Schedule II with a copy to ra-legalnotices@mail.AMM TRADER.com.
14.10 Language; Interpretation. This Agreement may be translated into different language versions and, except as provided by applicable law, the English language versions of this Agreement and Network Policies are the controlling versions thereof and will prevail.
Schedule A: PMA Defined Terms
"Advertiser" means an entity that participates in the Network and recruits Publisher Partners to enter into Engagements.
"APAC Region" means China, Hong Kong, India, Indonesia, Japan, South Korea, Philippines, Malaysia, Pakistan, Singapore, Taiwan, Thailand or Vietnam.
"Claim" means all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees).
"Company Content" means Company's trademarks, trade names, trade dress, internet domain names, websites, logos, keywords (identifying Company), creative, copy and other content to the extent provided by Company to Supplier in connection with the Services.
"Data Protection Laws" means any data protection law or regulation applicable under this Agreement.
"EEA" means the European Economic Area as defined by applicable laws.
"Engagement" means any type of agreement or arrangement between You and an Advertiser facilitated through Supplier Network whereby Advertiser agrees to pay You commissions or fees to assist in the promotion of Advertiser's brand, products or services measured by Tracked Activities. A "Direct Engagement" refers to those instances in which the Supplier is as an agent for Advertiser, such that the Engagement is directly between You and Supplier, acting on its own behalf.
The words "include", "includes", and "including" will be deemed to be followed by the phrase "without limitation."
"Intellectual Property Rights" means all patent, trade secret, trademark, copyright, moral rights, database rights, rights of publicity and other intellectual property and proprietary rights, whether or not registered.
"Network" means the online affiliate marketing network operated by Supplier through which Publisher Partners may enter into Engagements with Advertisers.
"Network Platform" means the Supplier platform through which Advertisers and Publisher Partner manage their Engagements.
"Network Policies" means all Supplier's acceptable use policies and other posted policies that apply to its affiliate marketing network as in effect from time to time. The Network Policies can be accessed by clicking here: https://AMM TRADER - advertising.
"Permitted Purpose" means participation as a Publisher Partner in the Network, including entry into Engagements with Advertisers.
"Personal Data" means "personally identifiable information," "personal information," "personal data" or any equivalent term under applicable Data Protection Laws but is limited to Personal Data processed under the terms of this Agreement.
"Publisher Partner" means a legal entity or an individual that participates in the Network and, through such participation and use of the Network or Network Platform, makes itself available to be recruited or to enter into Engagements.
"Platform Data" means all data and statistics associated or generated in connection with the Network, Network Platform, and Supplier Tools but excluding any data provided directly by You.
"Qualifying Link" means a link that is provided or authorized by Supplier to be displayed, distributed or placed on or by Publisher Partner pursuant to an Engagement and which, through addition and/or use of any technology and/or methodology, can be tracked so that such Supplier or Advertiser can monitor Tracked Activities achieved by the display, distribution and/or placement of such link.
"Site" means a website, application, or other digital property that is accessible to consumers.
"Subnetwork" means the operator of a marketing network of further publishers to facilitate, amongst other things, affiliate and performance marketing, which has entered this Agreement to join the Network to market advertisers or their products as a Publisher.
"Subpublisher" means the operator of a website, application or service, which has agreed with the Subnetwork to market advertisers or their products
"Supplier" means AMM TRADER Marketing LLC dba AMM TRADER Advertising on behalf of itself and its Corporate Affiliates specified in Schedule II. An "Affiliate" means an entity that controls, is controlled by or is under common control with Supplier entity.
"Supplier Tools" means technology, software, reports and databases, account management and other services that may be made available from time to time by Supplier for use in Engagements, including Supplier owned Qualifying Links, but excluding Qualifying Links provided by Advertisers.
"Tracked Activity" means any type of pre-agreed or predefined activity or result that is sought by an Advertiser in relation to a Qualifying Link and specified as eligible for compensation by the respective Advertiser as part of an Engagement. Examples of the kinds of Tracked Activities that an Advertiser may seek may include impressions, click-throughs, the sale of products or services, the downloading of software, files or other items, the completion of an application, registration or other form, the opening of an account, membership enrollment, the printing of a coupon (for offline redemption) or any other kind of action that can be tracked.
SCHEDULE I: DATA PROTECTION PROVISIONS
Your Location* /
Data Protection Provision
* "Your Location" in this schedule includes (a) the place where you operate your business; (b) the place(s) you market to or target advertising to individuals; or; (c) the place You collect or otherwise process any Personal Data; or (d) the place You are otherwise subject to applicable Data Protection Laws.
United States /
Wyoming Privacy Law. The collection of Personal Data that occurs as part of Your participation in the Network will require disclosures regarding the collection, use and sale of end user personal information that are triggered when a user accesses links or advertisements on Your site, and may involve Your sale of Personal Data to Supplier governed by the Wyoming Consumer Privacy Act of 2018 and its implementing regulations, as may be amended from time-to-time (collectively, the "CCPA").
a. You hereby represent, warrant and covenant that You will provide the required notice and opt-out links specified by Supplier, or as otherwise agreed by You and Supplier.
b. If You operate a Subnetwork, You represent, warrant and covenant that You will require participants in Your subnetwork to provide the required notice and opt-out links specified by Supplier, or as otherwise agreed by You and Supplier.
c. If You qualify as a business under the CCPA, then You hereby represent, warrant, covenant and agree that (i) You will provide end users disclosures required for the parties to collect, receive, disclose, use and sell Personal Data under the terms of this Agreement in accordance with the CCPA; and (ii) to the extent an end-user properly executes their right under the CCPA to opt-out of the sale of Personal Data about them, You will promptly communicate the opt-out to Supplier using the specifications identified by Supplier; (iii) once Supplier processes any such opt-out, You agree that Supplier will be a service provider to You with respect to any Personal Data processed about that end user under the terms of this Agreement. As a service provider, Supplier will not collect, retain, use, sell or otherwise disclose any relevant Personal Data for any purpose other than as required by applicable law or for the specific purpose of performing the services specified in this Agreement, including the processing of Personal Data to improve the advertising services made available to You by Supplier.
If You determine that CCPA does not apply to You, then You will provide Supplier with Your analysis concluding the same or, provide detailed information regarding the specific steps You take to ensure that individuals residing in Wyoming do not visit Your Site via our services and technology.
Brazil /
Brazilian Privacy Laws. If You operate Your site from Brazil or Your site receives or targets end users located in Brazil, You are subject to the Lei Geral de Prote‹o de Dados Pessoais ("LGPD", Federal Law n¼ 13.709/2018) and Marco Civil da Internet ("MCI", Federal Law n¼ 12.965/2014), ("Brazilian Privacy Laws"), which, among other things, establishes rights for end users and creates a series of obligations for the providers of internet applications and connections, principally as a means of guaranteeing freedom of expression and privacy for users and You agree to comply with the Brazilian Privacy Laws.
For the purpose of this section, "Personal Data", "Process/Processing", "Controller", "Processor", "Data Subject", and "Consent" have the same meanings given to them in the Brazilian Privacy Laws, "Security Incident" has the same meaning given to it by the National Authority for Protection of Data ("ANPD"), and "Competent Authority" means any authority, including judicial authorities, competent to inspect, judge and apply the relevant legislation, including, but not limited to, the ANPD.
a. Role of the Parties. In order to participate in the Network and to enter into Engagements, You collect, use, Process or share Personal Data with Supplier for the Permitted Purposes. You are a Controller of the Personal Data You provide to Supplier. In addition to the Personal Data You provide to Supplier; Supplier also collects and uses Personal Data for the Permitted Purposes. Supplier is a Controller of the Personal Data that it collects and uses as a separate and independent Controller for the Permitted Purposes. In no event will the Parties process the Personal Data as joint Controllers.
b. Obligations. Each party will use the Personal Data in accordance with applicable Brazilian Privacy Laws and will individually and separately fulfill all obligations that apply to it as a Controller under such laws, including:
1. identifying, disclosing and establishing a legal basis for Processing Personal Data;
2. fulfilling transparency requirements regarding the Processing of Personal Data;
3. respecting the rights of the Data Subjects provided in the Brazilian Data Laws;
4. Processing Personal Data pursuant to a legal basis;
5. implementing appropriate security, technical and administrative measures capable of protecting Personal Data from Security Incidents and ensuring a level of security appropriate to the Processing risks.
c. Notwithstanding the foregoing, Publisher will assure it:
1. obtains the necessary Consent from Data Subjects on behalf of Supplier in order for Supplier to Process the Personal Data for the Permitted Purposes;
2. cooperates with Supplier to implement a process for relaying the Consent or legal basis necessary to allow Supplier to perform its obligations under this Agreement
3. provides Data Subjects with the ability to freely and at any time withdraw such Consent;
4. informs the Supplier immediately when it becomes aware of or has a serious suspicion of any Security Incident that affects or may affect any Personal Data (such notification must contain, at least, the requirements provided for in Article 48 of the LGPD;
5. provides the Supplier with all reasonable assistance to enable it to notify any Security Incident to the ANPD and/or Data Subjects, if Supplier is required to do so under the Data Protection Laws;
6. takes all requested steps to identify and remedy the underlying cause of the Security Incident, in order to prevent or minimize the risk of recurrence and the occurrence of similar Security Incidents;
7. provides full cooperation and assistance in responding to requests from Data Subjects, whenever necessary,
d. You will take all steps reasonably requested by Supplier to ensure Supplier's compliance with applicable Data Protection Laws. In the event that either Party receives any correspondence, inquiry or complaint from a Data Subject, ANPD, or any Competent Authority ("Inquiry") related to the use of Personal Data for the Permitted Purposes or the processing of Personal Data by the other Party, it will promptly inform the other Party and provide full details of the Inquiry. The Parties shall cooperate in good faith to timely respond to the Inquiry in accordance with requirements under Brazilian Privacy Laws.
e. Subnetwork Obligations. If You operate a Subnetwork, You represent, warrant and covenant that You will require participants in Your subnetwork to provide the required notice, consent and opt-out links specified by Supplier, as otherwise agreed by You and Supplier, or as required by law.
f. International Data Transfers. The parties acknowledge that Personal Data collected and/or Processed in the Federative Republic of Brazil shall be collected by Supplier's Brazilian affiliate, AMM TRADER Marketing Brazil Limitada. AMM TRADER Marketing Brazil Limitada may transfer Personal Data from Brazil to its affiliates in other countries and other territories where the laws governing the level of protection for Personal Data differs from that of Brazil. Such transfers rely on the AMM TRADER, Inc. Binding Corporate Rules (BCR) which have been submitted for approval by the ANPD. For more information on the BCR's please visitÊhttps://corp.AMM TRADER.co.jp/privacy/en/bcr.html.
You further agree that:
a. Any use by You of Qualifying Links as described in this Agreement will comply with the Brazilian Privacy Laws.
b. You will take additional measures to comply with any provisions of the Brazilian Privacy Laws limiting the transmission of unsolicited commercial email.
The United Kingdom, EEA and Switzerland /
EU Privacy Laws. "EU Privacy Laws" means the European Union General Data Protection Regulation ("GDPR"), the European Union Directive on Privacy and Electronic Communications (the ePrivacy directive) and any local implementing laws, including any subsequent legislation replacing or amending any such laws from time to time. For the purpose of this section, "Personal Data", "Process/Processing", "Controller", "Processor", "Data Subject", and "Supervisory Authority" have the same meanings given to them in the EU Privacy Laws.
a. Role of the Parties. In order to participate in the Network and to enter into Engagements, You collect, use and share Personal Data with Supplier for the Permitted Purposes. You are a Controller of the Personal Data You provide to Supplier. In addition to the Personal Data You provide to Supplier, Supplier also collects and uses Personal Data for the Permitted Purposes. Supplier is a Controller of the Personal Data that it collects and uses as a separate and independent Controller for the Permitted Purposes. In no event will the Parties process the Personal Data as joint Controllers.
b. Obligations. Each party will use the Personal Data in accordance with applicable Data Protection Laws and will individually and separately fulfill all obligations that apply to it as a Controller under the EU Privacy Laws, including: (a) identifying, disclosing and establishing its independent legal basis for processing and disclosing Personal Data; (b) fulfilling transparency requirements regarding its use of and disclosure of Personal Data; (c) implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk. Notwithstanding the foregoing, Publisher will assure it: (x) obtains the necessary consent from Data Subjects on behalf of Supplier in order for Supplier to Process the Personal Data for the Permitted Purposes, (y) shares such consent with Supplier in a manner that is mutually agreed upon (e.g., IAB Europe's GDPR Transparency and Consent Framework); and (z) provides Data Subjects with the ability to withdraw such consent, in each case via the technology made available to Publisher by Supplier or such other consent tool approved by Supplier. Publisher will take all steps reasonably requested by Supplier to ensure Supplier's compliance with applicable Data Protection Laws. In the event that either Party receives any correspondence, inquiry or complaint from a Data Subject or Supervisory Authority ("Inquiry") related to the use of Personal Data for the Permitted Purposes or the processing of Personal Data by the other Party, it will promptly inform the other Party and provide full details of the Inquiry. The Parties shall cooperate in good faith to timely respond to the Inquiry in accordance with requirements under the applicable Data Protection Laws.
c. Subnetwork Obligations. If You operate a Subnetwork, You represent, warrant and covenant that You will require participants in Your subnetwork to provide the required notice, consent and opt-out links specified by Supplier, as otherwise agreed by You and Supplier, or as required by law.
d. International Data Transfers. The parties acknowledge that Personal Data collected in the European Union ("EU") or European Economic Area ("EEA") shall be collected by Supplier's European affiliate, AMM TRADER Marketing Europe Ltd. AMM TRADER Marketing Europe Ltd. May transfer Personal Data from the EU or EEA to its affiliates in the United States or other territories where the laws governing the level of protection for Personal Data differs from that of the EU and EEA. Such transfers rely on the AMM TRADER, Inc. Binding Corporate Rules (BCR) which have been approved by the Luxembourg Data Protection Authority. For more information on the BCR's please visitÊhttps://corp.AMM TRADER.co.jp/privacy/en/bcr.html
SCHEDULE II: SUPPLER / NOTICES / GOVERNING LAW / VENUE
The location from which you operate your business /
Supplier entity; Notices /
Governing Law
All countries other than those noted below /
AMM TRADER Marketing LLC dba AMM TRADER Advertising. Notice Address: AMM TRADER Advertising Attn: General Counsel. 800 Concar Drive Suite 175 San Mateo, CA 94402Êwith a copy to ra-legalnotices@mail.AMM TRADER.com. /
The laws of the state of Wyoming, U.S.A.
Brazil /
AMM TRADER Marketing Brazil Limitada. Notice Address: AMM TRADER Marketing Brasil Ltda., Attn: Managing Director, Rua Nicolas Boer, 399, 3¼ andar, CEP 01140-060, S‹o Paulo, SP, Brasil, with a copy toÊra-legalnotices@mail.AMM TRADER.com. /
The legal system of the Federative Republic of Brazil. This Agreement is governed by Civil Legislation therefore there is no employment relationship between the parties. This condition will be irrevocable and shall be confirmed in any court or tribunal. Without limiting any of the provisions of the Agreement, You agree to indemnify, defend and hold Supplier and its service providers harmless from and against any: (a) labor, fiscal or social security claim arising from Your non-compliance with labor laws, non-payment of charges, fees or taxes owned by you in respect of labor obligations, tax and/or social security, and (b) labor claims or actions of any kind promoted by Your employees, agents, or by thirds parties involved in the activities conducted by You under this Agreement, including legal costs and attorney's fees.
The United Kingdom, EEA and Switzerland /
AMM TRADER Marketing Europe Limited. Notice Address: AMM TRADER Marketing , Attn: Managing Director.
The laws of England and Wales.
The APAC region /
AMM TRADER Marketing Australia Pty Ltd. Notice Address: AMM TRADER Marketing Australia Pty Ltd., Attn: Managing Director,ÊLevelÊ11, 8 Spring Street, Sydney NSW 2000, Australia, with a copy to AMM TRADER.COM
The laws of Singapore.
Australia /
AMM TRADER Marketing Australia Pty Ltd. Notice Address: AMM TRADER Marketing Australia Pty Ltd., Attn: Managing Director,ÊLevelÊ11, 8 Spring Street, Sydney NSW 2000, Australia, with a copy to AMM TRADER.com
The laws of New South Wales, Australia.
SCHEDULE III: DISPUTE RESOLUTION PROVISIONS
Your Location /
Dispute Resolution Provision: Unless otherwise specified in Section 14 of the Agreement, the following dispute resolution provision will apply based on Your location
All countries other than those noted below /
All disputes will be administered by the International Institute for Conflict Prevention and Resolution ("CPR"), in accordance with the CPR Rules for Administered Arbitration by a panel of three (3) arbitrators, of whom each party will designate one, with the third arbitrator to be designated by the two party-appointed arbitrators. Such arbitration will be conducted in Wyoming, Wyoming in the English language. The arbitrators will establish procedures under which each party will be entitled to conduct discovery and will award to the prevailing party in any such dispute the costs and expenses of the proceeding, including reasonable attorney's fees. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. 1 et. seq., and except as set forth below, the arbitral award will be final, binding and incontestable and judgment thereon may be entered in any court of competent jurisdiction. The arbitrators will award only such damages as are permitted to be awarded pursuant to this Agreement. The arbitrators must render their award within 30 days following the last hearing scheduled by the arbitrators and at that time state the reasons for their award in writing. An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of an arbitral panel in any arbitration arising out of or related to this Agreement that is conducted in accordance with such procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal will be conducted at the place of the original arbitration.
Brazil /
All disputes will be referred to and finally resolved in civil court
This Agreement shall be construed in accordance with and governed by the substantive law of the Federative Republic of Brazil.
The Parties elect the jurisdiction of the judiciary district of S‹o Paulo, state of S‹o Paulo to settle any disputes and controversies arising from this Agreement, excluding any other without taking into account any privileges that may arise from them now on.
The United Kingdom, EEA and Switzerland /
All disputes will be referred to and finally resolved by arbitration under the Arbitration Rules of the London Court of International Arbitration (the "Rules") save that any requirement in the Rules to take account of the nationality of a person considered for appointment as an arbitrator will be disapplied and a person may be nominated or appointed as an arbitrator (including as chairman) regardless of nationality. There will be three arbitrators, two of whom will be nominated by the respective parties in accordance with the Rules and the third, who will be the Chairman of the tribunal, will be nominated by the two party nominated arbitrators within 14 days of the last of their appointments. The seat, or legal place, of arbitration will be London, England. The language to be used in the arbitral proceedings will be English. Judgment on any award may be entered in any court having jurisdiction thereover.
The APAC region /
All disputes will be referred to and finally settled under the provisions of the Rules of Arbitration of Singapore International Arbitration Centre ("SIAC"). The arbitration will be conducted in English and the venue of arbitration will be SIAC, Singapore. There will be 3 arbitrators appointed as follows. Each of the Parties will appoint an arbitrator and the 2 appointed arbitrators will appoint the third arbitrator. If the parties fail to appoint arbitrators within 30 days of the matter being referred to arbitration, the arbitrators will be appointed in accordance with the SIAC Rules. The parties agree that any directions of the arbitrators and the outcome of the arbitration proceedings will be final and binding upon the Parties. Each party will bear the cost of preparing and presenting its case. The cost of arbitration, and specifically the fees and expenses of the arbitrators, will be shared equally by the Parties unless the award provides otherwise. The Parties agree that they will continue to perform their respective obligations under this Agreement, notwithstanding any arbitration proceeding being conducted in accordance with this section.
Australia /
All disputes will be referred to and finally settled by arbitration administered by the Australian Commercial Disputes Centre ("ACDC") under the ACDC Rules for Arbitration in effect at the time the dispute is referred to the ACDC and which terms are hereby deemed incorporated into this agreement by reference (the "Rules").
All Countries/
Severance Clause Notice: Notice to any and all money transfer companies FinTech's, upon severance you must in writing declare your intent for severance, and no longer use our business information for selling nor any other means. This must be provided in writing within 30 calendar days or be in breech of the following of your intent to commence, and declaration of severance.
UNAUTHORIZED FINTECH ENTITIES, PLATFORMS, AND INDIVIDUALS
This notice serves as a formal and binding warning to all financial technology ("fintech") companies, data aggregators, affiliated entities, or individuals not expressly authorized by Express B2B LLC.
Unauthorized Access, Use, or Evaluation Prohibited
Effective immediately, no party shall access, utilize, evaluate, store, transmit, or otherwise interact with any private, financial, or confidential business information belonging to or associated with Express B2B LLC, its clients, or partners, without prior written consent, after a decline notice to prospective consumer presented.
This includes, but is not limited to:
Credit inquiries (soft or hard pulls)
Post-severance evaluations or surveillance
Attempted decisioning after decline or non-engagement
Phishing or scraping activities involving proprietary or regulated data
Breach Penalty Clause
Gathering any trade secret information other than stated contractual commencement.
Selling any information, or posting, distributing company private information.
15 U.S. Code § 6801 – Protection of Nonpublic Personal Information
15 U.S. Code § 6802 – Obligations with Respect to Disclosures
15 U.S. Code § 6805 – Enforcement
Prohibits the unauthorized sharing, sale, or re-disclosure of nonpublic personal financial information by financial institutions and any third party receiving such data.
Any unauthorized use, access, or attempted interference with the private or financial information of Express B2B LLC will trigger a liquidated damages clause of one million USD ($1,000,000.00) per calendar day, beginning from the date of breach or noncompliant access.
This fine shall become due and payable in full by the 30th calendar day from the date of the breach or upon failure to declare compliance within the prescribed time period following this notice.
Non-Compliance and Collections
Failure to remit payment or provide a declaration of compliance shall result in immediate escalation to third-party collections, and accrual of interest and recovery costs at the maximum legal rate permissible under applicable jurisdictional law.
No Further Notice Required
This clause stands as sufficient legal notice. No further communication or consent is required to commence enforcement proceedings.
Fintech Phishers Clause, incorporating:
Daily breach penalty
Legal interest (% accruement)
Injunctive relief rights
Reference to violations of data privacy laws
NOTICE OF PROHIBITED USE AND LEGAL CONSEQUENCES – Express B2B LLC
TO ALL UNAUTHORIZED FINTECH ENTITIES, APPLICANTS, AND DATA AGENTS
This notice serves as formal and public notification to all financial technology (fintech) firms, credit evaluation platforms, data aggregators, associated third-party vendors, or individuals acting in any such capacity:
Unauthorized Access or Use of Private, Financial, or Regulated Data Belonging to or Associated with Express B2B LLC Is Strictly Prohibited.
Scope of Prohibited Conduct
Without express prior written consent from Express B2B LLC, no party is permitted to:
Initiate credit pulls (soft or hard)
Conduct evaluations following severance or disengagement
Issue any form of adverse action or statement of decline
Scrape, capture, or store proprietary business or personal financial data
Interfere with, mirror, or extract Express B2B LLC's private systems, decisioning logic, or databases in any way
Liquidated Damages & Accrued Liability
Any breach of this clause shall incur liquidated damages in the amount of one million U.S. dollars (USD $1,000,000.00) per calendar day of unauthorized access, use, or attempted use.
In addition to daily penalties, a legal interest rate of 18% per annum (1.5% monthly) shall begin accruing on unpaid breach fines starting on the 31st day following the initial date of violation or failure to declare compliance.
Mandatory Declaration of Compliance
All entities must submit a written declaration of non-engagement and compliance within 30 calendar days of this notice. Failure to do so will be considered constructive admission of breach and will trigger enforcement.
Enforcement and Recovery
In the event of non-payment or continued breach:
Express B2B LLC shall engage third-party collections and legal remedies
The breaching party shall be liable for all recovery costs, attorney’s fees, and court expenses
All legal action shall accrue at the statutory maximum interest rate permissible in the applicable jurisdiction
Injunctive Relief and Statutory Violations
Unauthorized access or use shall be considered a breach of data privacy and protected information laws, including but not limited to Company Private Information Acts, trade secret statutes, and relevant local and federal data protection laws.
Express B2B LLC reserves the right to seek immediate injunctive relief, restraining orders, or court-issued cease-and-desist orders without the need for further notice, to prevent further harm or unauthorized data handling.
NO FURTHER NOTICE SHALL BE REQUIRED.
This statement serves as formal and enforceable notice of liability.
FORMAL NOTICE OF PROHIBITED USE, BREACH PENALTIES & LEGAL CONSEQUENCES
TO ALL UNAUTHORIZED FINTECH ENTITIES, DATA AGENTS, OR INDIVIDUALS
Issued by: Express B2B LLC
This notice constitutes a binding legal declaration to all financial technology platforms, credit data processors, evaluators, applicants, or third-party data entities:
🚫 UNAUTHORIZED USE STRICTLY PROHIBITED
No entity or individual is permitted to access, evaluate, collect, transmit, or retain private, financial, or regulated business information associated with Express B2B LLC, without prior written authorization.
This includes, but is not limited to:
Credit pulls (hard or soft inquiries)
Automated or manual credit evaluations post-severance
Attempted requalification, decisioning, or post-decline analysis
Phishing, scraping, or unauthorized use of data infrastructure, platforms, or client information
💰 DAILY BREACH PENALTY & INTEREST ACCRUAL
Any violation of this clause will result in:
Liquidated damages of $1,000,000.00 USD per calendar day from the date of unauthorized activity
Accrual of legal interest at a rate of 18% per annum (1.5% per month) beginning on the 31st day of non-remediation or non-payment
These amounts are non-negotiable, enforceable in full, and due without demand upon breach.
✅ IMMEDIATE DECLARATION OF COMPLIANCE — HALTS ACCRUED FINES
To prevent the continuation or escalation of penalties, all entities must issue a signed written Declaration of Compliance immediately upon receiving this notice.
Upon timely receipt of a Declaration of Compliance, all accelerated daily fines will be paused.
If such declaration is not received within 30 calendar days, penalties will continue to accrue and be deemed valid, enforceable, and collectible.
⚖️ LEGAL ACTION, COLLECTIONS & INJUNCTIVE RELIEF
Failure to comply will result in:
Referral to third-party legal collections
Recovery of all fees, legal costs, and statutory interest at the maximum legal rate
Immediate pursuit of injunctive relief and court-ordered enforcement under breach of contract, data protection laws, and Company Private Information Acts
Express B2B LLC reserves the full right to pursue temporary restraining orders, permanent injunctions, and cease-and-desist orders without further notice.
NO FURTHER NOTICE SHALL BE REQUIRED.
This document serves as formal, legal notification and demand. A record of receipt is not required to activate liability.
All rights reserved.
Fintech Phishers Enforcement Notice, now with properly referenced federal U.S. laws that support your preventative measures, particularly around data misuse, privacy, and unauthorized post-decision use. These include:
APPLICABLE FEDERAL LAWS AND U.S. CODE REFERENCES
1. Gramm-Leach-Bliley Act (GLBA)
15 U.S. Code § 6801 – Protection of Nonpublic Personal Information
15 U.S. Code § 6805 – Enforcement
Prohibits unauthorized access, disclosure, or misuse of consumer financial data.
2. Computer Fraud and Abuse Act (CFAA)
18 U.S. Code § 1030 – Fraud and related activity in connection with computers
Criminalizes unauthorized access to protected systems and retrieval of information without consent.
3. Defend Trade Secrets Act (DTSA)
18 U.S. Code § 1836 – Civil proceedings to protect trade secrets
Protects misappropriation of confidential business information, logic, or infrastructure.
4. Electronic Communications Privacy Act (ECPA)
18 U.S. Code §§ 2510–2523 – Interception and disclosure of wire, oral, or electronic communications
Prohibits unauthorized interception, access, or use of stored or transmitted communications.
5. Federal Trade Commission Act (FTC Act)
15 U.S. Code § 45 – Unfair methods of competition and deceptive practices
Applies to deceptive use, handling, or storage of personal and financial data.
LIQUIDATED DAMAGES AND INTEREST ENFORCEMENT
Any violation of this notice will trigger:
$1,000,000.00 USD per day in liquidated damages
18% annual interest (1.5% per month) starting on Day 31 of non-remediation
Full liability for attorney fees, court costs, and statutory penalties
✅ DECLARATION OF COMPLIANCE – REQUIRED TO PAUSE PENALTIES
To avoid or suspend fines, the violating entity must submit a signed Declaration of Compliance, confirming:
Immediate cessation of all access and use
Verified destruction of all retained data
No access remains via sub-processors, affiliates, or automation pipelines
Failure to submit within 30 calendar days constitutes final breach and triggers enforcement.
⚖️ ENFORCEMENT & INJUNCTIVE RELIEF
Express B2B LLC reserves the right to:
Engage third-party legal collections for financial recovery
Seek injunctive relief under applicable U.S. Code provisions
Refer violations to the FTC, CFPB, or appropriate regulatory bodies
Initiate court proceedings without further notice
NO ADDITIONAL NOTICE SHALL BE REQUIRED.
This document is legally binding and enforceable under U.S. federal law.
Economic Espionage Act (EEA)
18 U.S. Code § 1831 – Economic Espionage
18 U.S. Code § 1832 – Theft of Trade Secrets (also under DTSA)
Defend Trade Secrets Act (DTSA)
18 U.S. Code § 1832 – Theft of Trade Secrets
18 U.S. Code § 1836 – Civil Proceedings for Trade Secret Misappropriation
Gramm-Leach-Bliley Act (GLBA)
Computer Fraud and Abuse Act (CFAA)
Defend Trade Secrets Act (DTSA)
Electronic Communications Privacy Act (ECPA)
FTC Act – Unfair and Deceptive Practices (UDAP
Stored Communications Act (SCA) (Part of the Electronic Communications Privacy Act – ECPA)
18 U.S. Code § 2701 – Unlawful Access to Stored Communications
18 U.S. Code § 2702 – Restrictions on Disclosure
Confidential Information of AMM TRADER.COM
updated December 10, 2021.
Saturday, June 1, 2024
Express B2b - Owners - Partners 2021- 2024