Fioboc Clothing

Fioboc Clothing

Program Terms

Affiliate Operating Agreement This Affiliate Operating Program (the “Operating Agreement”) contains the terms and conditions for your participation in the Affiliate Program (the “Program”). “We” or “our” refers to the Fioboc.com Partner Site. “You” or “your” refers to the Applicant. “Website” refers to the Website. “Partner Site” means any website, software defined application and any mobile application that you link to the Partner Site. application and any mobile application that you link to the Partner Site (see below). “Advertising Fees” means commissions earned from successful verified sales of products by customers using your referral link on the Partner Site. By checking the box indicating your agreement to the terms and conditions of this Operating Agreement, or by continuing to participate in the Program after we post a change notice, a revised Operating Agreement or posting revised operating documents on the Partner Site, you (A) agree to be bound by this Operating Agreement; (B) acknowledge and agree that you have independently evaluated the advisability of participating in the Program and are not relying on any representations, warranties or statements expressly set forth in this Operating Agreement; and (C) represent and warrant that you are legally able to enter into contracts (eg, you are not an obligor) and that you are now and continue to be bound by this Operating Agreement. In addition, if this Operating Agreement is actually agreed to by a company or other legal person, the person acting on behalf of that company or agreeing to this Operating Agreement hereby represents and warrants that he or she is authorized and has the legal capacity to bind that company or entity to this Operating Agreement. 1. Program Description This Program is designed to allow you to promote products on your website and target end users for proper purchase (see Section 7 Definitions) "Product" means any item sold on the Partner Site, but any product expressly defined as a repair product here (collectively, "Repair Products"). Products may also include certain services expressly included in the Affiliate Program Commission Program (if any). In order to facilitate your promotion of the Products, we may provide you with data, images, text, link formats, widgets, links, other linking tools and other information related to this ("Content") that you provide. "Content" expressly excludes any data, images, text or other information or content related to the Product Program offered on any website of the Partner Site. 2. Registration To begin the registration process, you must submit a complete and accurate program. You must apply in your website. We will evaluate your application and notify you whether your application has been accepted. We may decide to reject your application at our own discretion if we deem our website unsuitable.Inappropriate websites include those that: (a) promote or contain education; (b) promote violence or violent content; (c) promote or contain defamatory or libellous content; (d) promote prohibitions or restrictive practices based on race, gender, nationality, disability, sexual origin or age; domain name, subdomain, username, group name or other identifier on any social networking site; or (g) otherwise infringe intellectual property rights. However, if we reject your application, you are welcome to reapply at any time. If we accept your application but later decide that your website is not suitable, we may decide to terminate the Operating Agreement at any time. You should ensure that the information in the application program and the information related to your account (including your email address and other contact information and your website) We may send notices (if any), approvals (if any) and other communications related to this Operator Agreement to the email address associated with your program account at that time. You will be deemed to have received all notices and other communications sent to the email address associated with your account, even if the email address associated with your account is no longer current. 3. Links on Your Website After you receive notice of your admission to the Program, you may place Special Links on your Website. comply with the Display Affiliate Program Link Requirements. Special Links allow for accurate tracking of reporting and statistics of Advertising Fees. You may only recoup Advertising Fees in accordance with the Advertising Fees set forth in Section 7 and only for activity that occurs directly on the Partner Website through Special Links. If you fail to properly format the links on your Website to the Partner Website as Special Links, we will have no obligation to pay you Advertising Fees, even if such failure may result in a reduction of Advertising Fees payable to you under this Operating Agreement. If you wish to include Special Links in a software application designed for use with mobile phones, tablets or other handheld devices ("Mobile Application"), you must include the name of the Mobile Application and a link to your Mobile Application serial number in your application to the Program. Section 3 and the applicability of the Mobile Application Policy and other requirements will apply to Mobile Applications. We will evaluate your application and notify you of its acceptance or rejection. For purposes of this Agreement,the accepted Mobile Application will become an "Approved Mobile Application". Special links prominently displayed in the Approved Mobile Application sequence, including any special links displayed in the integrated web browser, need to be provided by the Affiliate Marketing API or Partner API ("Affiliate Marketing API") or Product Advertising API and must use the Affiliate Marketing ID that we have clearly assigned to your Approved Mobile Application. Requirements: By participating in the Program, you agree to comply with the Affiliate Marketing Program Participation Requirements and all pages, schedules, policies, guidelines and other documents and materials of this Operating Agreement (collectively, the "Operational Documents"). (a) withouthold any advertising fees granted to you under this Operating Agreement; (b) close any other accounts you have or may purchase in the future without paying any advertising fees; (c) terminate this Operating Agreement; or (d) take all of the above actions. In addition, you hereby consent to us: sending you emails from time to time regarding the relevant programs; privacy statement monitoring, recording, using and disclosing information we obtain about your website and website visitors through special links you display (for example, a particular customer clicks on a special link on your website before purchasing a product on a partner website); and monitoring, attracting and otherwise investigating your website to verify your compliance with the Operating Agreement and Operating Documents. 5.Your Responsibility for Your Website: You will be solely responsible for your website, including its development, operation and maintenance, and all materials appearing on or within the website. For example, you will be solely responsible for: the technical operation of your website and all related equipment; for displaying the Special Links and Content on your website and compliance with this Operating Agreement, the Operating Documents, and any agreements between you and any other person or entity that may have liability to you (including any restrictions or descriptions imposed on you by any person or entity hosting your website); for creating and publishing, and ensuring the accuracy, completeness, and appropriateness of, the materials posted on your website (including all product and other product-related materials and any information you include in or link to the Special Links); for not using the Content, your website,for not using the Content, your website, and the materials on or within your website in any manner that is harmful, harassing, profane, libelous, defamatory, obscene, pornographic, pedophilic, slanderous, or otherwise; and for accurately and adequately disclosing on your website, through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, to third parties (including us and other advertisers). damages, losses, liabilities, costs and expenses (including attorneys' fees) related to: (a) your website or any materials appearing on your website, including your website or the combination of such materials with applications or processes; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website or any materials appearing on or on your website, and all other matters described in this Section 5; (c) your use of any content, whether or not such use is authorized by or in violation of this Operating Agreement, any Operating Document or applicable law; (d) your breach of the terms of this Operating Agreement or any Operating Document; or (e) the negligent or inappropriate conduct of you or your employees. When processing your order, we will process orders for products placed by customers who enter the Partner Site through a specific link on your website. We reserve the right to reject orders that do not meet the Partner Site requirements, which may not be updated from time to time. We will track Correct Purchases (as defined in Section 7) for reporting and Advertising Fee aggregation purposes to provide you with aggregated reports of those Correct Purchases. 7. Advertising Fees We will pay you Advertising Fees for Correct Purchases in accordance with Section 8 and the Affiliate Program Schedule. If any overpayment is made to you for any reason, we reserve the right to adjust or we adjust any subsequent Advertising Fees in accordance with this Operating Agreement. Subject to the exclusions set forth above, a "Correct Purchase" occurs when: (a) a link on a customer's website leads to a specific Partner Site; (b) during a single session, a customer adds a product to their shopping cart and orders that product after the first click to 89 LATIN; or (c) a product is billed to and paid for by a customer.A “Session” begins when a Customer clicks a special link on your Site to a Partner Site and ends when any of the following occurs: (x) 24 hours have passed since the click; (y) an order is placed for the Customer's Product; or (z) the Customer clicks a designated link on the Partner Site other than a link designated by you. Qualifying Purchases do not include, and we will not pay Advertising Fees for, any of the following: any products added to a customer's shopping cart or streamed or downloaded by a customer after the applicable Agreement, even if the customer entered the Partner Site by clicking on a designated link on your website; any product purchases that were due to incorrect link tracking or reporting due to incorrectly formatted links from your website to the Partner Site; or any products purchased on your behalf through designated links, products purchased by you through designated links for yourself, friends, relatives or colleagues (eg, personal orders, orders for your own use, and orders placed by you on behalf of any other individual or person); including any form of resale or commercial use and purchases; any products purchased after termination of this Operating Agreement; any product order for which a cancellation, return or refund has been initiated for you; and any products purchased by customers who were referred to the Partner Site in any way through: prohibited paid search placements; or links to the Partner Site, including redirect links, that are generated or displayed on a search engine in response to a general Internet search query or keyword (ie, in natural, organic or unearned search results), whether such links appear through your submission of data to the Site or otherwise. Any Qualifying Purchase in which you offer any consideration or incentive (including any money, rebate, discount, points, donation to a charity or other organization, or other benefit) to any person or entity of yours in exchange for a Special Link (for example, by implementing any “rewards” or loyalty program that incentivizes a person or entity to visit a Partner Site through a Special Link). Any Products purchased through Special Links in a non-Approved Mobile Application, or where Special Links in a non-Approved Mobile Application are not provided by the AMA API, the Product Advertising API, or other linking tools we make available to you. Any Qualifying Purchase in India through a mobile device or tablet where: the Partner Site's mobile application is pre-installed on the device or tablet by the original equipment manufacturer (“OEM”); or the Partner Site's mobile application is installed through a maintenance release or update or hardware-based notification sent by the OEM or notification partner; or the Partner Site's application is installed from a source other than Google Play or iOS App Store Keywords “Display Prohibited Paid Search Placements” means Ads purchased by you through bidding,"Pseudo-Terms" means search terms or other identifiers containing "Fioboc" or any other trademark of Fioboc or an affiliate, or variations or misspellings of any of these words (eg "goaffpor"). "Redirecting Links" means links that lead users indirectly to a partner website through an intermediary website or web page where the user clicks on the link or takes other active action on that intermediary website or web page. "Search Engine" means Google, Yahoo, Bing or any other search engine, portal, sponsored advertising service or other search or recommendation service, or any website participating in their respective networks. 8.Advertising Fee Payment We will pay you the Advertising Fee on a monthly basis for eligible purchases made during a specified month for payment, streaming or downloading (as applicable), subject to any applicable withholding or quarterly withholding. We will pay you the Advertising Fee approximately 60 days after the end of each calendar month, but in the case of NEFT flows, we may accumulate withholdings and withholdings until the total amount due to you reaches at least Rs. 1000. The Advertising Fee payable to you is inclusive of all taxes, including applicable service tax or GST or other taxes or levies that you may be required to levy on such services, and you will issue valid invoices in accordance with applicable laws and regulations and report them in the return within the period specified, and the Partner Site may receive input tax credit for taxes paid. You will comply with any applicable provisions of such laws, but shall not include: issuing GST compliant invoices in a timely manner; providing invoices to the Partner Sites; regularly paying applicable taxes; and properly reporting to the government in accordance with tax laws. If at any time a tax credit is denied or a Partner Site or Fioboc is required to pay tax due to (but not limited to) insufficient invoicing, default in paying taxes, inadequate returns or your failure to comply with applicable laws, you shall indemnify the Partner Site and Fioboc for any denial of credit or recovery of taxes and any interest and penalties imposed on the Partner Site and Fioboc. We may withhold or levy taxes, levies or taxes on the Advertising Fees payable to you if required by applicable Indian tax law. If you are a resident of India, the Advertising Fees payable to you will be subject to the release of withholding notices as required by applicable laws. If you are not a resident of India or have not provided us with your Advertising Fees PAN (Permanent Account Number), the withholding applicable to you will be different. In addition, if you are a non-resident,you agree to provide the necessary documents that the Partner Site and Fioboc may require in order to fulfill any reporting or any of our obligations in relation to the Advertising Fees payable to you. If we deduct birth or withholding taxes from the advertising fees payable to you, we will issue you the relevant pre-certificate of tax and deposit the tax with the relevant regulatory authority (non-residents, if required by the relevant documents). use the zero or reduced tax rate as the applicable withholding tax rate for the advertising fees payable to you. You agree to this clause and you will not bring any charges against us if any Affiliate makes any charge, and hereby waive any tax you may have now or in the future with respect to the Partner Site and Fioboc to the relevant tax authorities in accordance with this Operating Agreement. 9. Customers who purchase products through this program are customers of the Partner Site, that is, all their activities related to the Partner Site. As between you and us, all pricing, sales terms, rules, policies and operating 10. Indicating that you are an Affiliate You may not issue any press release or make any other public communication in this Operating Agreement, your use of your or your participation in this program. You may not misrepresent or exaggerate the relationship between us and (including by explicitly stating or implying that we support, sponsor, endorse, or donate to any charity or other cause) nor may you explicitly state or imply any relationship or affiliation between us and you or any other person or organization in any Content or Site, except as expressly permitted by this Operating Agreement. However, you must clearly state the following on your Website: "[insert "your name"] is a participant in the Fioboc Affiliate Program, which is designed to provide advertising to websites through advertising and linking to partner websites in exchange for advertising fees." 11. Subject to the terms of this Operating Agreement, the limited license, and solely for the purpose of advertising products on the relevant program's partner websites and directing end users to the re-creation of partner websites, we hereby grant you a limited, revocable, irrevocable, non-sublicensable, non-exclusive, liability-free license to (a) reproduce and display the Content solely on your Website; and (b) use the trademarks and complete system we provide you as part of the Content solely on your Website and in accordance with the Affiliate Program Trademark Guidelines (these trademarks and complete system are referred to as "Fioboc").All licenses set forth in Section 11 of this Operating Agreement will automatically terminate immediately if you fail at any time to timely perform any of your obligations under this Operating Agreement or any operating document, or upon termination of this Operating Agreement. In addition, we may terminate the licenses set forth in Section 11 of this Operating Agreement, in whole or in part, by written notice. If the license set forth in Section 1 has terminated or you may otherwise request a license to all Content and the Fioboc Affiliate Program Intellectual Property (the “License”) from time to time, by accepting the Operating Agreement, or by accessing or using the Product Advertising Content (as defined below), including the Women's Application Programming Interface and other tools (collectively, the “PA API”) that allow you to access and use certain types of data, images, text, and other information and content related to the Products that we may provide to you (the “Product Advertising Content”), you agree to be bound by this License. Subject to the terms of this License, and subject to your strict compliance with the Operating Agreement (including this License and other Operating Documents) for the limited purpose of the Affiliate Program, we grant you a limited, revocable, irrevocable, non-sublicensable, royalty-free, license to: (a) reproduce and display the Product Advertising Content solely on your website; (b) use the Product Advertising Content that we provide to you solely as part of the Fioboc Marks on your website and in accordance with the Affiliate Trademark Guidelines, except Submissions Except for the express limited license set forth in Section 11, we reserve all rights in and to the Program, Links, Link Formats, Content, the PA API, Feedback Data Delivery, Product Advertising Content, any copyrights owned or operated by us, information and materials on any Partner Site or Affiliate Site, our and our Affiliates' trademarks (including the Fioboc logo), and any other intellectual property and technology provided or used by us in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials). If you provide us or any of our affiliates with suggestions, comments, modifications, data, related graphics, text or other information or content related to products or this Operating Agreement, any Content or your participation in the Program, or if you modify any of them in any way (collectively, your "Submissions"), you hereby irrevocably assign to us all right,title and interest in and to your Submissions and grant to us (even if a date is specified for your Submissions) a perpetual, fully paid-up, royalty-free, non-worldwide, non-exclusive, non-worldwide, irrevocable, freely transferable right and license to (a) use, reproduce, perform, and distribute your Submissions in any manner; (b) re-create or create derivative works of your Submissions for any adaptation, purpose, or other purpose; (c) modify and publish your name in attribution in any display of your Submissions (but we assume no obligation to do so); and (d) sublicense the foregoing rights to any other person or entity. In addition, you hereby warrant that: (y) your Submission is your original work or that you obtained your Submission through lawful means; and (z) we and our sublicensees do not infringe the rights licensed above and will not infringe the rights of any person or entity, including any copyright. You consent to us providing any assistance we may require to document, perfect or maintain our rights in your Submission. 13. Compliance In your participation in this Event, you will comply with all applicable laws of India, including but not limited to statutes, rules, regulations, orders, permits, death, death laws, decisions and other requirements of any governmental agency with respect to your Manhattan Rights. 14.Term and Termination The term of this Operating Agreement shall commence on the date we accept your Plan and shall terminate upon termination by you or us. Either you or we may terminate the Agreement with or without cause by giving the other party written notice of termination. Upon termination of this Operating Agreement, any and all of your licenses to the Content will automatically terminate and you will immediately cease using and Fioboc Marks and immediately remove from your website, delete or otherwise identify links to all Partner Sites, all Fioboc Marks, all Content and any other materials provided or made available to you by us or on our behalf to this Operating Agreement or otherwise in connection with the Plan. We may withhold accrued unpaid advertising fees for the effective period following termination to ensure that amounts are properly paid (eg, for any cancellations or returns). Upon termination of this Operating Agreement, all rights and obligations of the parties will terminate, except that the rights and obligations of the parties under Sections 5, 9, 10, 12, 13, 14, 16, 17, 18, 19 and 20, and any prepaid but unpaid obligations of ours under this Operating Agreement, shall survive termination of this Operating Agreement. Breach of this Agreement does not constitute a waiver of any liability arising under or in connection with the Operating Agreement prior to termination. 15. We may modify any of the terms and conditions in this Operating Agreement (and any Operating Documents) at our option by posting a notice of change on the Partner Site,amending the Agreement or amending the Operating Documents, or by sending a revised email to the email address currently associated with your Affiliate Account (any such email changes will be effective as specified in such email and in each case no later than two days after the email is sent). This may include, for example, changes to the Affiliate Program Advertising Fee Schedule, Affiliate Program Participation Requirements, Payment Procedures, and Program Requirements. If any modification is unacceptable to you, your only option is to terminate this Operating Agreement. Your continued participation in the Program after any effective date (eg, the date specified in our posting of a notice of change on the Partner Site, amending the Operating Agreement or amending the Operating Documents, or sending you such modification in other email) will constitute binding acceptance of such change. 16. Contractually, you and we are independent contractors, and nothing in this Operating Agreement or the Operating Documents shall create a partnership, joint venture, agency, franchise, sales representative or employment relationship between you and us or our respective affiliates. You have no authority to act on our behalf or accept anything we or our affiliates do, and you shall not make any statement on your website or elsewhere that is or may be inconsistent with the contents of this section. If you authorize, assist, encourage or assist another individual entity or take any action related to the contents of this section, you will be deemed to have taken such action first. Our liability limitations in connection with this Operating Agreement, the Program, the Operating Documents, the Partner Website, the Fioboc Website or the Service Products (defined below) are subject to the possibility of such risks, even if we have been advised of them. In addition, our aggregate liability arising from this Operating Agreement, the Program, the Partner Website, the Fioboc Website and the Service Products may not exceed the advertising fees paid or provided to you under the Operating Agreement within the twelve months following the occurrence of the most recent liability report. 18. DISCLAIMER The Program, the Fioboc Website, the Partner Websites, any products and services offered on the Partner Websites, any special links, link formats, operations, document content, Fioboc.COM numbers and trademarks and complete information of our affiliates (including the Fioboc logo), and all technology, software, functionality, materials, data, images, text and other information and content provided or used by us or our affiliates or licensors or provided on our behalf in connection with the Program (collectively, the "Service Offerings") are provided "as is" and no representation or warranty of any kind, whether express, implied, stated or otherwise, is made by us or our affiliates or licensors with respect to the Service Offerings.Except to the extent prohibited by applicable law, we and our affiliates and licensors disclaim all warranties of any kind with respect to the Service Offerings, including any implied warranties of merchantability, quality rating, fitness for a particular purpose, non-infringement and unconditional order, and any warranties arising from a course of dealing, performance or trade of trade. We may terminate any decision service at offering at any time, or change the nature, features, functionality, scope or operation of any service offering. Neither we nor any of our service offering. affiliates or licensors guarantee that the service offering will continue to be available, will operate as described, will operate in a consistent or any particular manner, or will be complete, accurate, error-free or have clear ecological components. Neither we nor any of our affiliates or licensors will be liable for: (A) any errors, inaccuracies or service interruptions, including power outages or system failures; or (B) for your website or any authorized access or alteration, or deletion, destruction, damage or loss of the website or any, images, text or other information or information. No advice or information obtained by you from us or any other person or program, operating documents, Fioboc website or affiliate website program will create a warranty not expressly stated in this any operating agreement. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS OF OUR CONTENT WILL HAVE ANY CLAIMS, REMEDIES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH (X) ANY LOSS OF ANTICIPATED PROFITS OR REVENUE, LOSS OF ANTICIPATED SALES, LOSS OF BUSINESS GOODWILL, OR OTHER BENEFITS, (Y) ANY INVESTMENTS, EXPENSES OR COMMITMENTS MADE BY YOU IN CONNECTION WITH THIS OPERATING AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM. GOVERNING LAW AND DISPUTES This Operating Agreement shall be governed by the laws of the Republic of India without regard to principles of conflict of laws. The courts of [Haryana] shall have exclusive jurisdiction over any dispute arising out of or relating to the Program or this Operating Agreement. Notwithstanding anything to the contrary in this Operating Agreement, we shall be eager to seek or further any other relief from a court of competent jurisdiction with respect to any actual or alleged infringement of our or any other person's or serious intellectual property rights or any dispute. You acknowledge and agree that the rights we have are of a special, particular, and non-identical nature and therefore have unique value, the loss of which cannot be easily assessed and cannot be adequately compensated by monetary damages. 20.Other You acknowledge and agree that we and our affiliates may, at any time (directly or mutually limited), solicit customer referrals on terms that differ from these Operating Agreements, or operate websites that are similar or complementary to your website.You may not revoke this Operating Agreement, by operation of law or otherwise, without our prior express written approval. This Operating Agreement is hereby binding upon and enforceable against the respective successors, successor beneficiaries of the parties. Our failure to enforce your strict performance of any term of this Operating Agreement will not constitute a waiver of our right to enforce that term or any other term of the Operating Agreement. In the event of any conflict between this Operating Agreement and the Operating Documents, the Affiliate Program Repair Products page will take precedence over this Operating Agreement, and this Operating Agreement Agreement will take precedence over the rest of the Operating Documents. The terms "including", "comprising", "for example" and "for example" mean "but not limited to", "including but not limited to", "for example but not limited to" and "for example but not limited to", respectively. Any or update made by us under this Operating Agreement, any action taken and any agreement given by us at our sole discretion. Any undisclosed information related to us or our affiliates under this Operating Agreement shall be deemed as confidential information. You agree that: (a) all decision information shall remain the property of Fioboc's children; (b) you shall use the confidential information only to the extent necessary to perform the Operating Agreement and ensure that those who access the confidential information comply with the obligations in this clause; (c) You may not disclose Confidential Information to any person, company or your affiliates in any way. You agree that we may disclose or make available any information provided or submitted or related to your performance under this Agreement to any judicial, judicial, governmental regulatory agency or any other agency at our sole discretion so that we may cooperate with and/or comply with any order, instruction or direction thereof, or to ensure any requirements under applicable law. You also warrant that you and your financial institution are not protected, listed on any list of prohibited or restricted parties, nor owned or controlled by such parties, including but not limited to Partners, the United States (for example, the US Declaration of Specially Designated Nationals List and the Foreign Avoidant List and the US Department of Commerce's Effective List), Violation of Orders or applicable other government agencies. Mobile Application Policy: These Mobile Guidelines ("Mobile Guidelines") apply to You add links in the Approved Mobile Application. "We" or "Our" means Fioboc.com, its Partner Sites and any Affiliates, as the case may be. "You" means the User Agent of the Associated Account associated with the Approved Mobile Application.All important terms not defined on this page have the meaning given to them in the Operating Agreement. Strict compliance with these Mobile Guidelines must be observed at all times and any violation of these Mobile Guidelines by You in Your Mobile Application: must be downloadable free of charge and all referral links must be paid to access; must be original; must not modify our Partner Site's own shopping application functionality (if any); must not have price tracking and/or price alert functionality, unless Fioboc terminates the Partner Site's written approval in advance; must not be displayed in WebViews web pages hosted on or hosted by a Partner Site. We may modify this Mobile Application Policy at any time by posting a change notice or revised or amended Mobile Application Policy on Fioboc's sole discretion or on the Partner Site. If any modification is unacceptable to you, your last recourse is to terminate your participation in the Program. Your continued inclusion of the Special Links in your Mobile Application after we decide to post a change notice or approval of the revised Mobile Application Policy will constitute your acceptance of the change and binding on you. We reserve the right to take appropriate action with respect to any use that is not permitted by the Mobile Application Policy or any use that does not comply with the Mobile Application Policy.