me:now Platform Evaluation Terms

BACKGROUND:

  1. me:now has developed a platform which allows consumers to locate traders and businesses who can provide services to them at a time and place which is convenient for the consumer rather than the trader or business (“Platform”).
  2. me:now is the entire legal and beneficial owner and licensor of the Platform.
  3. The Platform at menowapp.com is now in pre-launch form.
  4. me:now has invited the Evaluator to use and evaluate the Platform prior to launch.
  5. me:now has agreed to grant the Evaluator a licence to use and evaluate the Platform (including posting its Availability) upon these terms and conditions (“Permitted Purpose”).

NOW IT IS HEREBY AGREED as follows:

1              USING THE PLATFORM

In consideration of me:now allowing the Evaluator access to the Platform, the Evaluator accepts these Terms and agrees to comply with them.

2              PASSWORD AND LOG-IN

2.1          me:now will provide the Evaluator with the facility to create a user name and a password, enabling it to access the Platform for the Permitted Purpose.

2.2          The Evaluator undertakes that only the Evaluator’s employees will use the password and log-in to access the Platform and that it shall not, and shall procure that its employees shall not, provide the password and log-in details directly or indirectly to any other third party, including but not limited to me:now’s competitors.

3              THIRD PARTY PLATFORMS

3.1          The Evaluator acknowledges that:

3.1.1             it is required to have an account with the Third Party Platform to benefit from the full functionality of the Platform;

3.1.2             me:now has no control over the Third Party Platform and all matters relating to the Third Party Platform shall be subject to that Third Party Platform’s terms and conditions.

4              EVALUATION

4.1          me:now hereby grants to the Evaluator a non-exclusive, non-transferable, personal, royalty-free licence to use and evaluate the Platform and the Information solely for the Permitted Purpose (which includes posting its Availability on the Platform) subject to these Terms.

4.2          During the Evaluation Period the Evaluator shall participate in the evaluation of the Platform and the Information and shall report to me:now’s personnel all faults and problems with the Platform and Information which it discovers and shall co-operate with such personnel in diagnosing and correcting such faults and problems.

4.3          me:now shall during the Evaluation Period use its reasonable endeavours to provide the Evaluator with support services to resolve bugs and provide fixes in respect of the Platform that the Evaluator reports to me:now through the messaging service on the Third Party Platform (“Support Services”).

4.4          The Evaluator shall complete and return to me:now any evaluation forms provided with the Platform by the date specified on such evaluation forms.

5              TITLE AND RISK

5.1          The Platform and the Information is confidential and proprietary to me:now and title to the Platform and to any modifications which may be made to them shall remain with me:now at all times.

5.2          Risk in the Platform and the Information shall remain with me:now but the Evaluator shall take all reasonable steps to safeguard the Platform and Information from loss or damage.

6              EVALUATOR’S OBLIGATIONS

6.1          The Evaluator shall:

6.1.1        except as expressly provided in these Terms, not use, reproduce, dispose of, deal with, rent, lease, sub-license, loan, modify, adapt, reverse engineer, decompile or disassemble the whole or any part of the Platform or the Information;

6.1.2        keep the log-in and password details to the Platform in its exclusive possession and control and safeguard them from access by any unauthorised person;

6.1.3        not incorporate the Platform or the Information (in whole or in part) or allow them to be incorporated in any other software or documentation;

6.1.4        not undertake any action in relation to the Platform that may infringe any third party's Intellectual Property Rights, other proprietary rights or rights of privacy;

6.1.5        not, when using the Platform, violate any law, statute, ordinance or regulation (including the laws and regulations governing export control);

6.1.6        not use the Platform to promote any illegal or unlawful activity;

6.1.7        not post anything on the Platform which is defamatory, discriminatory libellous, unlawfully threatening or unlawfully harassing;

6.1.8        not post anything on the Platform which is obscene or pornographic or involves child pornography;

6.1.9        not use the Platform in a manner that violates any laws regarding unfair competition, anti-discrimination or false advertising;

6.1.10      not introduce to the Platform any viruses or other computer programming routines that are damage, detrimentally or interfere with the Platform or surreptitiously intercept or expropriate any system, data or personal information from the Platform;

6.2          The Evaluator shall indemnify me:now against any claims, losses, liabilities, damages (including reasonable costs), charges and expenses of whatever nature arising out of or in connection with any claim or action made against me:now as a result of the Evaluator’s breach or failure to comply with clause 6.1.

7              CONFIDENTIALITY

7.1          In consideration of the disclosure by me:now to the Evaluator of the Platform and the Information for the Permitted Purpose, the Evaluator undertakes that it will respect and preserve the confidentiality of the Information for a period of five years after the date of such disclosure (subject to clause 7.3 below). The Evaluator shall not without the prior written consent of me:now:

7.1.1             communicate or otherwise make available the Information to any third party; or

7.1.2             use the Information itself for any commercial, industrial or other purpose other than the Permitted Purpose; or

7.1.3             copy, adapt, or otherwise reproduce the Information save as strictly necessary for the Permitted Purpose.

7.2          The Evaluator may disclose the Platform and Information or any part thereof, with the prior consent of me:now, to any employee of the Evaluator who needs access to the Platform and the Information in connection with the Permitted Purpose. In such an event the Evaluator agrees to ensure, before such disclosure, that the employee in question is made aware of the confidential nature of the Platform and Information and understands that it is bound by conditions of secrecy no less strict than those set out here. The Evaluator agrees to monitor the use of the Platform and Information by these employees and to enforce their obligations of confidence at the request of me:now.

7.3          The obligations contained in this clause 7 shall not apply, or shall cease to apply, to such part of the Information as the Evaluator can show to the reasonable satisfaction of me:now:

7.3.1             has become public knowledge other than through the fault of the Evaluator or an employee or director of the Evaluator to whom it has been disclosed in accordance with clause 7.2 above; or

7.3.2             was already known to the Evaluator prior to disclosure to it by me:now; or

7.3.3             has been received from a third party who neither acquired it in confidence from me:now, nor owed the Evaluator a duty of confidence in respect of it.

8              TERM AND TERMINATION

8.1          These Terms shall be effective for the Evaluation Period unless extended by me:now in writing, but shall be subject to earlier termination as hereinafter provided.

8.2          These Terms may be terminated or suspended by me:now in accordance with clause 9 at any time.

8.3          These Terms may be terminated immediately by either party on giving notice in writing to the other party if the other party has any step, application, order, proceeding or appointment taken or made by or in respect of it for distress, execution, composition or arrangement with creditors, winding-up, dissolution, administration, receivership (administrative or otherwise), striking off, liquidation, or bankruptcy, or if it is unable to pay its debts or ceases to carry on business as a going concern.

8.4          These Terms may be terminated forthwith by me:now on giving notice in writing to the Evaluator if:

8.4.1        the Evaluator shall commit any material breach of these Terms; or

8.4.2        the Evaluator materially changes the nature of its business as carried out at the date of these Terms.

8.5          Any termination of these Terms (howsoever occasioned) shall not affect any accrued rights or liabilities of either party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.

8.6          Upon termination of these Terms the Evaluator’s licence to use the Platform shall terminate automatically and the Evaluation shall surrender up to me:now any Information that me:now has provided to the Evaluator in relation to the Platform.

9              RESERVATION OF RIGHTS

9.1          me:now reserves the right to at any time at its sole discretion:

9.1.1        discontinue or suspend the Evaluator’s access to the Platform forthwith (by giving no less than 14 days’ notice in writing to the Evaluator), whereupon these Terms shall automatically terminate; and

9.1.2        restrict the Evaluator’s access to some of all of the Platform or withdraw, suspend or amend the Platform on reasonable notice.

10           INTELLECTUAL PROPERTY RIGHTS

The Evaluator acknowledges that all Intellectual Property Rights in the Platform and the Information and any modification to the Platform and the Information belong and shall belong to me:now and the Evaluator shall have no rights in or to the Platform or the Information other than the right to use them in accordance with the terms of these Terms and nothing in these Terms shall operate as an assignment to the Evaluator of the Intellectual Property Rights.

11           LIABILITY

11.1       Because of the developmental nature of the Platform and the Information, me:now does not warrant to the Evaluator that the Platform or Information is free from faults or defects.

11.2       Subject to clause 11.3, the Evaluator shall use the Platform and the Information at its own risk and in no event shall me:now be liable to the Evaluator for any loss or damage of any kind (except personal injury or death resulting from me:now’s negligence) arising from the Evaluator’s use of or inability to use the Platform or the Information or from faults or defects in either whether caused by negligence or otherwise.

11.3       The Evaluator shall only use the Platform and the Information for the Permitted Purpose and for no other purpose.

11.4       The Evaluator acknowledges and agrees that any breach of these Terms would cause irreparable injury to me:now and damages alone may not be an adequate remedy. In the event of a breach or threatened breach by the Evaluator:

11.4.1      me:now shall be entitled to injunctive relief in any court of competent jurisdiction and the Evaluator shall not oppose any such application; and

11.4.2      the Evaluator shall indemnify me:now against all costs, claims, demands, losses, expenses and liabilities arising directly or indirectly out of a breach of these Terms.

11.5       me:now does not warrant that the use of the Platform will be uninterrupted or error-free and shall not be liable to the Evaluator for any losses or damages which may be suffered by the Evaluator as a result of any downtime or errors.

11.6       The Evaluator acknowledges and agrees that the Platform allows the Evaluator to make its Availability to Customers but that me:now is not responsible or liable in any way for:

11.6.1           any act or omission of a Customer, including the failure of a Customer to be available for an appointment made between the Evaluator and a Customer; and

11.6.2           any contract between the Evaluator and a Customer for the provision of any services or goods.

11.7       The express terms of these Terms are in lieu of all warranties, conditions, undertakings, terms and obligations implied by statute, common law, trade usage, course of dealing or otherwise all of which are hereby excluded to the fullest extent permitted by law.

12           DATA PROTECTION

To the extent the Evaluator enters or processes any personal data in relation to the Platform, the Evaluator warrants that such personal data entered or processed in relation to the Platform by its employees or other users complies fully with the Data Protection Act 1998 and associated legislation and hereby indemnifies me:now against any infringement of such legislation.

13           ADVERTISEMENT AND PROMOTION

13.1       The Evaluator shall participate in any publicity, promotion or advertisements as reasonably requested by me:now at the cost of me:now.

13.2       The Evaluator shall not publicise, promote or advertise the Platform without the prior written consent of me:now.

14           WAIVER OF REMEDIES

No failure or delay by a party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

15           ENTIRE AGREEMENT

15.1       These Terms constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

15.2       Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

16           ASSIGNMENT

16.1       me:now may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms.

16.2       The Evaluator shall not assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under these Terms.

17           NOTICES

17.1       Any notice given to a party under or in connection with these Terms shall be in writing and shall be:

17.1.1           delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or

17.1.2           sent by email to the following addresses:

17.1.2.1       in relation to me:now: info@www.menowapp.com; and

17.1.2.2       in relation to the Evaluator: to the email address provided to me:now to allow the Evaluator to log into the Platform.

17.2       Any notice shall be deemed to have been received:

17.2.1           if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

17.2.2           if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting or at the time recorded by the delivery service.

17.2.3           if sent by email, at 9.00 am on the next Business Day after transmission.

17.3       This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

18           SUB-CONTRACTS

The Evaluator shall not enter into any subcontract with any person for the performance of any part of these Terms.

19           SEVERABILITY

Notwithstanding that the whole or any part of any provision of these Terms may prove to be illegal or unenforceable the other provisions of these Terms and the remainder of the provision in question shall remain in full force and effect.

20           THIRD PARTIES

The parties confirm their intent not to confer any rights on any third parties by virtue of these Terms and accordingly the Contracts (Rights of Third parties) Act 1999 shall not apply to these Terms.

21           GOVERNING LAW AND JURISDICTION

21.1       These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.

21.2       Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or its subject matter or formation..

22           INTERPRETATION

The following definitions and rules of interpretation shall apply in these Terms:

22.1       Definitions

“Availability” the Evaluator’s availability for specific time-slots to provide the Evaluator’s services to Customers;

“Business Day” a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business;

“Customers” any users who may wish to use the Evaluator’s services following the Evaluator posting its Availability on the Platform;

“Evaluation Period” from 10 July 2017 until 1 September 2017;

“Evaluator” the company or other corporate entity provided access to the Platform following an invitation from me:now to evaluate the Platform for the Permitted Purpose;

“Information” any information or documentation owned by me:now and obtained by the Evaluator relating to the Platform;

“Intellectual Property Rights” patents, copyrights, design rights, trade marks, service marks, trade secrets, know-how, database rights and other rights in the nature of intellectual property rights (whether registered or unregistered) and all applications for the same, anywhere in the world;

me:now: means You Too Me Now Limited incorporated and registered in England with company number 10153607 whose registered office is at 61 Foxdene, Seasalter, Whitstable, Kent, CT5 4QY;

“Platform” as described in the Background at point B shall include any modified or updated version thereof made available to the Evaluator, where the context so requires, any other version supplied by me:now from time to time;

“Third Party Platform” Facebook

22.2       Clause headings will not affect the interpretation of these Terms.

22.3       Unless the context otherwise requires, words in the singular include the plural and in the plural include the singular.

22.4       A reference to any party shall include that party's personal representatives, successors and permitted assigns.

22.5       A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time (including any subordinate legislation made from time to time under that statute or statutory provision).

22.6       Writing or written includes e-mail but not fax.

22.7       Any words following the terms including, include, in particular or any similar expression will be construed as illustrative and will not limit the sense of the words preceding those terms.

22.8       A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

Download as PDF

Affiliate Agreement

Effective Date: May 28th 2019

Primary Website: me:now app


THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": You Too Holdings. Our primary website is located at the address listed above. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.


1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

  1. a) Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
  2. b) You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
  3. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."
  4. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement.
  5. e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
  6. f) Website: The primary website we've noted above will be referred to as Website.


2) ASSENT & ACCEPTANCE

By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.


3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.


4) PROGRAM SIGN-UP

In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website: https://www.menowapp.com/posts/introducing-the-menow-affiliate-program.

Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.

If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement apply to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.


5) NON-EXCLUSIVITY

This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.


6) AFFILIATE PROGRAM

After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.

We will provide you with a specific code or links which correspond to certain products we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will be used to verify online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific code or links and will notify you if we do so. You agree to only use links/codes which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site").

Each time a business subscribes through the specific promotional code supplied to and completes the purchase of the premium product or service (following any promotional offer – such as 100% discount) and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following specific amount: $10 (ten US dollars) for each month that the business continues to be a ‘paying’ subscriber (limited to 12 months).


7) SPECIFIC TERMS APPLICABLE

We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject sales that do not comply with the terms of this Agreement.

Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.

As described above, in order to be eligible for payout, user purchases must be "Qualified Purchases." Qualified Purchases:

  1. a) Must not be referred by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate code;
  2. b) May not be purchased by an already-existing partner or affiliate of the Company;
  3. c) May not be purchased prior to the Affiliate joining the Affiliate Program;
  4. d) May only be purchased through a properly-tracking Affiliate Link;
  5. e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;
  6. f) May not be fraudulent in any way, in the Company's sole and exclusive discretion;
  7. g) May not have been induced by the Affiliate offering the customer any coupons or discounts outside of those offered by the Company;


8) PAYOUT INFORMATION

Payouts will only be available when the Company has your current address information as well as accounting and tax documentation. You will be asked to submit a W8/W9 tax form. Accounting information may include the routing and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment.

Currently, the Company employs the following methods of payout:

Direct Deposit

For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.

We will pay affiliates, following any promotional period, for a maximum term per business of 12 months. The business must have signed up to the premium tier using the affiliates unique code and be a paid subscriber for payments to be made to the affiliate. If a business decides to reduce their subscription to the free tier, then payments to the affiliate will cease for that particular business.

Example: Business signs up using the affiliate code, has 3-month free promotional period and continues to be a paid subscriber for 4 months. The affiliate will receive payment for 4 months.

Payouts will be available the month or period after they accrue. For example, if payouts are made every 15 days, an entire 15 day period must finish for the payout of that period to be available in the following period.

We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.


9) TERM, TERMINATION & SUSPENSION

The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.

You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


10) INTELLECTUAL PROPERTY

You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorized use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in federal court. You may be obligated to pay monetary damages or legal fees and costs.

You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program.


11) MODIFICATION & VARIATION

The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

  1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  2. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.


12) RELATIONSHIP OF THE PARTIES

Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.


13) ACCEPTABLE USE

You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.

  1. a) You further agree not to use the Affiliate Program:
  2. I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
  3. II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  1. IV) To perpetrate any fraud;
  2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.


14) AFFILIATE OBLIGATIONS & FTC COMPLIANCE

You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.

We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.

We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by the federal government, through the Federal Trade Commission, as well as state and local governments as mandated. The Federal Trade Commission requires that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.

We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.

You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:

We engage in affiliate marketing whereby we receive funds through use of our affiliate program code. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with the US Federal Trade Commission Rules on marketing and advertising, as well as any other legal requirements which may apply.

We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, any applicable laws in the United States or the General Data Protection Regulation of the European Union. We also require that you implement adequate organizational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.

If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.

15) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
  2. b) Violate the security of any of our websites or services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.


16) DATA LOSS

The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.


17) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.


18) SPAM POLICY

You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.

 

19) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

20) SERVICE INTERRUPTIONS

The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.


21) NO WARRANTIES

You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.


22) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to you as a result of your participation in Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred ($100) US Dollars. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.


23) GENERAL PROVISIONS:

  1. A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  2. B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree that Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of the following county: Delaware, Delaware. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
  3. C) ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration shall be conducted in the following county: Delaware. The arbitration shall be conducted by a single arbitrator, and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of Delaware. Each Party shall pay their own costs and fees. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this sub-part, be litigated. The Parties, in agreement with this sub-part of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims.
  4. D) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
  5. E) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  6. F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  7. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  8. H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  9. I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: affiliate@menow.co.uk.

Download as PDF

UK Affiliate Agreement

Effective Date: 28th May 2019

Primary Website: me:now app


THE AGREEMENT: This Affiliate Agreement (hereinafter called the "Agreement") is provided by the following organization, hereinafter referred to as "Company": You Too Holdings. Our primary website is located at the address listed above. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement covers your responsibilities as an affiliate and our responsibilities to you. Please ensure you read and understand the entirety of this document, as well as have a lawyer's assistance if you desire, because each of the terms of this Agreement are important to our working relationship.


1) DEFINITIONS

The parties referred to in this Agreement shall be defined as follows:

  1. a) Company, Us, We: As we describe above, we'll be referred to as the Company. Us, we, our, ours and other first-person pronouns will also refer to the Company, as well as all employees or legal agents of the Company.
  2. b) You, the Affiliate: You will be referred to as the "Affiliate." You'll also be referred to throughout this Agreement with second-person pronouns such as You, Your, or Yours.
  3. c) Parties: Collectively, the parties to this Agreement (the Company and You) will be referred to as "Parties" or individually as "Party."
  4. d) Affiliate Program: The program we've set up for our affiliates as described in this Agreement.
  5. e) Affiliate Application: The fully completed form which must be provided to us for consideration of your inclusion in the Affiliate Program.
  6. f) Website: The primary website we've noted above will be referred to as Website.


2) ASSENT & ACCEPTANCE

By submitting an application to our Affiliate Program, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please leave the website immediately and do not submit an application to our Affiliate Program. This Agreement specifically incorporates by reference any Terms of Conditions, Privacy Policies, End-User License Agreements, or other legal documents which we may have on our website.


3) AGE RESTRICTION

You must be at least 18 (eighteen) years of age to join our Affiliate Program or use this Website. By submitting an application to our Affiliate Program, you represent and warrant that you are at least 18 years of age and may legally agree to this Agreement. The Company assumes no responsibility or liability for any misrepresentation of your age.


4) PROGRAM SIGN-UP

In order to sign up for our Affiliate Program, you will first be asked to submit an Affiliate Application to join. The Affiliate Application may be found at the following website: https://www.menowapp.com/posts/introducing-the-menow-affiliate-program.

Submitting an Affiliate Application does not guarantee inclusion in the Affiliate Program. We evaluate each and every application and are the sole and exclusive decision-makers on Affiliate acceptance. If we choose not to allow your inclusion in the Affiliate Program, we will attempt to notify you in a reasonable manner. If you do not hear from us within a reasonable time frame, please consider your application rejected. We are not obligated to provide you any explanation for your rejection, but please be advised we may reject applicants for any reason or manner, including but not limited to a website or social media page which violates our Acceptable Use Policy.

If your Affiliate Application is rejected, you may not reapply. If your Affiliate Application is accepted, each of the terms and conditions in this Agreement apply to your participation. We may also ask for additional information to complete your Affiliate Application or for you to undertake additional steps to ensure eligibility in the Affiliate Program.


5) NON-EXCLUSIVITY

This Agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate program providers in any category. This agreement imposes no restrictions on us to work with any individual or company we may choose.


6) AFFILIATE PROGRAM

After your acceptance in the Affiliate Program, you must ensure your account is set up thoroughly, including specific payout information and location (such as a bank or online account which we may use to post payment).

Please be advised the below is a general description of the Affiliate Program. Everything contained in this subsection is subject to the specific terms and conditions throughout the rest of this Agreement.

We will provide you with a specific code or links which correspond to certain products we are offering for sale (collectively, the "Link"). The Link will be keyed to your identity and will be used to verify online users to the Company's website or websites. You hereby agree to fully cooperate with us regarding the Link and that you will explicitly comply with all of the terms of this Agreement for the promotion of the Link at all times. We may modify the specific code or links and will notify you if we do so. You agree to only use links/codes which are prior approved by us and to display the Link prominently on your website or social media page, as described in your Affiliate Application (collectively, the "Affiliate Site").

Each time a business subscribes through the specific promotional code supplied to and completes the purchase of the premium product or service (following any promotional offer – such as 100% discount) and we determine it is a Qualified Purchase, as described below, you will be eligible to receive the following specific amount: £7.70 (seven UK pounds and seventy pence) for each month that the business continues to be a ‘paying’ subscriber (limited to 12 months).


7) SPECIFIC TERMS APPLICABLE

We will determine whether payout is permissible in our sole and exclusive discretion. We reserve the right to reject sales that do not comply with the terms of this Agreement.

Processing and fulfillment of orders will be our responsibility. We will also provide real-time data regarding your account with us through the portal on which you log into the website.

As described above, in order to be eligible for payout, user purchases must be "Qualified Purchases." Qualified Purchases:

  1. a) Must not be referred by any other partner or affiliate links of the Company (in other words, Qualified Purchases are only available through your specific Affiliate code;
  2. b) May not be purchased by an already-existing partner or affiliate of the Company;
  3. c) May not be purchased prior to the Affiliate joining the Affiliate Program;
  4. d) May only be purchased through a properly-tracking Affiliate Link;
  5. e) May not be purchased by a customer in violation of any of our legal terms or Acceptable Use Policy;
  6. f) May not be fraudulent in any way, in the Company's sole and exclusive discretion;
  7. g) May not have been induced by the Affiliate offering the customer any coupons or discounts outside of those offered by the Company;


8) PAYOUT INFORMATION

Payouts will only be available when the Company has your current address information and account number of a bank where you wish to post a direct deposit or may include an email address for an online method of payment.

Currently, the Company employs the following methods of payout:

Direct Deposit

For any changes in your address or accounting information, you must notify us immediately and we will endeavor to make the changes to your payout information as soon as possible.

We will pay affiliates, following any promotional period, for a maximum term per business of 12 months. The business must have signed up to the premium tier using the affiliates unique code and be a paid subscriber for payments to be made to the affiliate. If a business decides to reduce their subscription to the free tier, then payments to the affiliate will cease for that particular business.

Example: Business signs up using the affiliate code, has 3-month free promotional period and continues to be a paid subscriber for 4 months. The affiliate will receive payment for 4 months.

Payouts will be available the month or period after they accrue. For example, if payouts are made every 30 days, an entire 30-day period must finish for the payout of that period to be available in the following period.

We explicitly reserve the right to change payout information in our sole and exclusive discretion. If we do so, you will be notified.

For any disputes as to payout, the Company must be notified within thirty days of your receipt of the payout. We will review each dispute notification as well as the underlying payout transaction to which it is related. Disputes filed after thirty days of payout will not be addressed.


9) TERM, TERMINATION & SUSPENSION

The term of this Agreement will begin when we accept you into the Affiliate Program. It can be terminated by either Party at any time with or without cause.

You may only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will qualify to receive payouts earned prior to the date of termination.

If you fail to follow the terms of this Agreement or any other legal terms we have posted anywhere on our website or websites, you forfeit all rights, including the right to any unclaimed payout.

We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.


10) INTELLECTUAL PROPERTY

You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents, and other intellectual property belonging to the Company ("Company IP").

Subject to the limitations listed below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in conjunction with the Affiliate Program and use the Company IP solely and exclusively in conjunction with identifying our company and brand on the Affiliate Site to send customers to the Affiliate links we provide. You may not modify the Company IP in any way and you are only permitted to use the Company IP if you are an Affiliate in good standing with us.

We may revoke this license at any time and if we find that you are using the Company IP in any manner not contemplated by this Agreement, we reserve the right to terminate this Agreement.

Other than as provided herein, you are not permitted to use any of the Company IP or any confusingly similar variation of the Company IP without our express prior written permission. This includes a restriction on using the Company IP in any domain or website name, in any keywords or advertising, in any metatags or code, or in any way that is likely to cause consumer confusion.

Please be advised that your unauthorised use of any Company IP shall constitute unlawful infringement and we reserve all of our rights, including the right to pursue an infringement suit against you in court. You may be obligated to pay monetary damages or legal fees and costs.

You hereby provide us a non-exclusive license to use your name, trademarks and servicemarks if applicable and other business intellectual property to advertise our Affiliate Program.


11) MODIFICATION & VARIATION

The Company may, from time to time and at any time, modify this Agreement. You agree that the Company has the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the Website and that modifications or variations will replace any prior version of this Agreement, unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement. If we update or replace the terms of this Agreement, we will let you know via electronic means, which may include an email. If you don't agree to the update or replacement, you can choose to terminate this Agreement as described below.

  1. a) To the extent any part or sub-part of this Agreement is held ineffective or invalid by any court of law, you agree that the prior, effective version of this Agreement shall be considered enforceable and valid to the fullest extent.
  2. b) You agree to routinely monitor this Agreement and refer to the Effective Date posted at the top of this Agreement to note modifications or variations. You further agree to clear your cache when doing so to avoid accessing a prior version of this Agreement.


12) RELATIONSHIP OF THE PARTIES

Nothing contained within this Agreement shall be construed to form any partnership, joint venture, agency, franchise, or employment relationship. You are an independent contractor of the Company and will remain so at all times.


13) ACCEPTABLE USE

You agree not to use the Affiliate Program or our Company for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Affiliate Program in any way that could damage our websites, products, services, or the general business of the Company.

  1. a) You further agree not to use the Affiliate Program:
  2. I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
  3. II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;

  1. IV) To perpetrate any fraud;
  2. V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
  3. VI) To publish or distribute any obscene or defamatory material;

VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;

VIII) To unlawfully gather information about others.


14) AFFILIATE OBLIGATIONS & CONSUMER RIGHTS COMPLIANCE

You are responsible for ensuring operation and maintenance of the Affiliate Site, including technical operations, written claims, links, and accuracy of materials. You must ensure, as noted above, that the Affiliate Site does not infringe upon the intellectual property rights of any third party or otherwise violate any legal rights.

We may monitor your account, as well as clicks and/or purchases coming through your account. If we determine you are not in compliance with any of these the terms of this Agreement, we have the right to immediately terminate your participation in the Affiliate Program.

We require all of our Affiliates to comply with all applicable statutes, regulations, and guidelines set by government, through any agents mandated by government. Including any regulations mandating that affiliate relationships, such as the relationship between you and the Company, be disclosed to consumers.

We recommend that you seek independent legal counsel to advise you of our obligations to disclose in this manner.

You are required to post a conspicuous notice on your website regarding the Affiliate Program. The notice does not have to contain the precise words as the example given below, but should be similar:

‘We engage in affiliate marketing whereby we receive funds through use of our affiliate program code. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. This disclosure is intended to comply with rules relating to marketing and advertising, as well as any other legal requirements which may apply.’

We also require you to comply with any and all applicable data privacy and security laws and regulations, including all of those which may impact your country of residence or your visitors. Such regulations include, but are not limited to, the General Data Protection Regulation of the European Union or any applicable laws in the United States. We also require that you implement adequate organisational and technical measures to ensure an appropriate level of security for the data that you process. Further, you hereby agree to comply with any requests which we may make to you regarding compliance with the General Data Protection Regulation or requests which you may receive from data subjects.

If we find you are not in compliance with any of the requirements of this sub-part, we may terminate our relationship with you at our sole and exclusive discretion.

 

 

 

 

15) REVERSE ENGINEERING & SECURITY

You agree not to undertake any of the following actions:

  1. a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on any of our websites or services;
  2. b) Violate the security of any of our websites or services through any unauthorised access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.


16) DATA LOSS

The Company does not accept responsibility for the security of your account or content. You agree that your participation in the Affiliate Program is at your own risk.


17) INDEMNIFICATION

You agree to defend and indemnify the Company and any of its agents (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.


18) SPAM POLICY

You are strictly prohibited from using the Affiliate Program for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.


19) ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties with respect to the Affiliate Program. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral.

 

 

20) SERVICE INTERRUPTIONS

The Company may need to interrupt your access to the Affiliate Program to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.


21) NO WARRANTIES

You agree that your use of the Affiliate Program is at your sole and exclusive risk and that any services provided by us are on an "As Is" basis. The Company hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company makes no warranties that the Affiliate Program will meet your needs or that it will be uninterrupted, error-free, or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of loss of your data from your use of the Affiliate Program is your sole responsibility and that the Company is not liable for any such damage or loss.


22) LIMITATION ON LIABILITY

The Company is not liable for any damages that may occur to you as a result of your participation in Affiliate Program, to the fullest extent permitted by law. The maximum liability of the Company arising from or relating to this Agreement is limited to one hundred (£100) UK Pounds. This section applies to any and all claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.


23) GENERAL PROVISIONS:

  1. A) LANGUAGE: All communications made or notices given pursuant to this Agreement shall be in the English language.
  2. B) JURISDICTION, VENUE & CHOICE OF LAW: Through your participation in the Affiliate Program, you agree the validity, construction and performance of this Agreement shall be governed and construed in accordance with the laws of the United Kingdom applicable to contracts made and to be wholly performed within such state, without giving effect to any conflict of laws provisions thereof. The courts located in the United Kingdom shall have sole and exclusive jurisdiction over any disputes arising under the terms of this Agreement.
  3. C) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
  4. D) SEVERABILITY: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
  5. F) NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
  6. G) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
  7. H) FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
  8. I) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: affiliate@menow.co.uk.