CCBD Program Agreement
By agreeing the terms herein, you (“Applicant”) agree to be authorized by Cal-Comp Big Data Inc. (“CCBD”) to be part of the CCBD Program (“Program”). Applicant agrees to abide by this Agreement (“Agreement”). Please read the entire Agreement carefully before registering and promoting HiMirror products.
Applicant’s participation in the Program is solely to legally advertise CCBD’s products to receive a commission on products purchased by individuals referred to HiMirror by Applicant’s own website or personal referrals.
By applying to be part of the Program, Applicant indicates its acceptance of this Agreement.
1. Approval or Rejection of the Application
CCBD reserves the right to approve or reject ANY Program application in CCBD’s sole and absolute discretion. Applicant will have no legal recourse against CCBD for the rejection of Applicant’s application.
2. Termination
(1) Applicant’s application and status in the Program may be suspended or terminated for any of the following reasons:
A. Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
B. Spamming (mass email, mass newsgroup posting, etc.).
C. Advertising on sites containing or promoting illegal activities.
D. Failure to disclose the relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
E. Violation of intellectual property rights. CCBD reserves the right to require license agreements from those who employ trademarks of CCBD in order to protect our intellectual property rights.
F. Offering rebates, coupons, or other form of promised kick-backs from Applicant’s commission as an incentive. Adding bonuses or bundling other products with HiMirror, however, is acceptable.
G. Self referrals, fraudulent transactions, suspected fraud.
(2) In addition to the foregoing, CCBD reserves the right to terminate any Applicant’s account at any time, for any violations of this Agreement or no reason.
3. Links
(1) Applicant may use graphic and text links both on its website and within its email messages.
(2) Applicant may use the graphics and text provided by CCBD, or Applicant may create its own as long as they are deemed appropriate according to the conditions and not in violation as outlined in Termination.
4. Coupon and Deal Sites
CCBD may occasionally offer coupons to selected applicant and to CCBD’s newsletter subscribers. If Applicant is not pre-approved / assigned a branded coupon, then Applicant is not allowed to promote the coupon. Below are the terms that apply for any Applicant who is considering the promotion of our products in relation to a deal or coupon:
A. Applicant may not use misleading text on links, buttons or images to imply that anything besides currently authorized deals to the specific affiliate.
B. Applicant may not bid on CCBD Coupons, CCBD Discounts or other phrases implying coupons are available.
C. Applicant may not generate pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions that set affiliate cookies unless the user has expressed a clear and explicit interest in activating a specific savings by clicking on a clearly marked link, button or image for that particular coupon or deal. Applicant’s link must direct and refer visitors to the HiMirror official site.
D. User must be able to see coupon/deal/savings information and details before an affiliate cookie is set (i.e. “click here to see coupons and open a window to merchant site” is NOT allowed).
E. Applicant’s sites may not have “Click for (or to see) Deal/Coupon” or any variation, when there are no coupons or deals available, and the click opens the merchant site or sets a cookie. Applicant with such text on the merchant landing page will be removed from the program immediately.
5. Liability
(1) CCBD will not be liable for indirect or accidental damages (loss of revenue, commissions) due to affiliate tracking failures, loss of database files, or any results of intents of harm to the Program and/or to CCBD’s website(s).
(2) CCBD makes no warranty that the platform or its content will be error free or that the platform will be uninterrupted, timely, secure, or that defects in the platform will be corrected. The platform and its contents are provided “as is” and “with all faults” and the entire risk as to the quality and performance of the platform is with the Applicant. CCBD disclaims all warranties of any kind, whether express, implied or statutory, with respect to the platform, including but not limited to any warranties of accuracy, merchantability, fitness for a purpose and non-infringement of intellectual property rights. CCBD also disclaims all liability for acts, omission and conduct of any third parties related to Applicant’s use of the platform. Applicant assumes entre cost and all risk related to Applicant’s use of the platform, including but not limited to download or information obtained from the platform.
(3) Notwithstanding anything contained herein or any kind of documents executed pursuant hereto or in connection herewith, to the maximum extent permitted by applicable law, the maximum aggregate liability of the CCBD arising out of or in connection with this Agreement shall not exceed the total amount of 5% of the total sales of CCBD’s products made by Applicant.
6. Term of the Agreement
(1) This Agreement begins upon Applicant’s acceptance in the Program and will end when the Applicant’s relationship is terminated.
(2) This Agreement may be modified by CCBD at any time. If any modifications to the terms of this Agreement are unacceptable to Applicant, Applicant’s only choice is to terminate the relationship. Applicant’s continuing participation in the Program will constitute your acceptance of any change.
7. Breach or Non-Performance
(1) Unless stipulated otherwise of this Agreement, Applicant breaches, fails to perform any provision of this Agreement and fails to cure within seven (7) days after receipt of a written notice, CCBD is entitled to terminate this Agreement.
(2) Applicant hereto shall be liable for any damage incurred to CCBD hereto as a result of Applicant’s breach or non-performance of any provision herein.
8. Confidentiality
(1) Applicant hereto in possession of the CCBD’s Confidential Information shall keep such information in strict confidence. Upon termination or expiry of this Agreement, Applicant shall return the Confidential Information within a period required by CCBD or destroy the same per CCBD’s instructions, provided a document to state that the Confidential Information has been destroyed.
(2) “Confidential Information” means any information of confidential nature not generally known to the public, disclosed by CCBD to Applicant directly or indirectly, in writing, orally, by observations of tangible items or any other forms, in whatever medium provided. Confidential Information includes but is not be limited to files, prototypes, samples, software, exclusive rights, technical data, developments, marketing and sales materials, procedures, agreements, costs, manufacturing methods and processes, formulas, operation information, programs, and other related information.
9. No Assignment of rights or Obligations
Unless otherwise provided in this Agreement, Applicant shall not assign to a third party, or create a security interest in, the whole or any part of its rights or obligations to CCBD arising from this Agreement, without the prior written consent of CCBD.
10. Indemnification
Applicant expressly agree to indemnify, defend, and hold harmless CCBD, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, from and against any and all claims, liabilities, damages, losses, attorney’s fees, or expenses made against or recovered from CCBD by a third party arising out of or in connection with your use of this platform or violation of these Terms of Use. CCBD reserves the right to take on the exclusive defense and control of any matter otherwise subject to indemnification by Applicant, and in such case, Applicant shall cooperate fully with CCBD’s defense of the claim. CCBD will promptly notify you of such disputes and claims in writing. Without the CCBD’s prior written consent, Applicant has no authority to represent the CCBD to admit any fault, liability, make any settlement or compromises of disputes or claims for CCBD. No delay or failure to exercise or enforce any legal right or remedy under this Agreement will constitute a waiver unless expressly waived by the CCBD in writing.
11. Governing Law, Jurisdiction, and Attorney Fees
Applicant’s access to or use of the platform or content, including all disputes arising therefrom shall be governed by the laws of the Republic of China (Taiwan), without regard to conflict of laws principles and without regard to Applicant’s actual place of residence. Applicant agrees that the exclusive jurisdiction for any claim or dispute with CCBD, a Taiwan company, or relating in any way to Applicant’s use of the platform or content resides in the courts of the Republic of China (Taiwan) in Taipei, Taiwan. Applicant further agrees and expressly consent to the exercise of personal jurisdiction in the courts of the Republic of China (Taiwan) in Taipei, Taiwan, in connection with any such dispute and including any claim involving CCBD or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. Applicant agrees that any cause of action or claim that Applicant may have with respect to Applicant’s use of the platform must be commenced within one year after the act or omission giving rise to the claim or cause of action arose.
12. Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of Applicant’s participation in the CCBD Program. You indicate your acceptance of this Agreement by completing the ShareASale and/or CCBD application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.
