Terms and Conditions

Privacy Policy 

1. Privacy Policy 

This Privacy Policy (hereinafter — Privacy Policy) determines the Administration’s responsibilities towards non-disclosure and protection of the confidentiality of personal provided by the User on the Administration’s request when registering on the Platform (hereinafter — the Platform).

Privacy Policy refers to all information that the Platform can collect about a User while they are using the service. By registering on this Platform, the User consents to all terms of this Privacy Policy.

This Privacy Policy may be modified by the Administration without preliminary notice. 

When registering a User provides the Administration with personal data including name, surname, and e-mail address. When registering and /or the Service using the Platform may automatically or with the participation of a User collect additional personal information, including IP address, browser version, country, language, UTM parameters, partner’s tags, address of a page’s referrer, and other technical data, which can be used for identification of the User without carrying additional measures.

A User may be required to provide access to accounts of third-parties service providers including, inter alia, public file storage, instant messages service, social networks, etc to use different Services. In this case, the Administration may receive from the third party provider additional personal data including, inter alia, sex, location, user pic, etc. All information accessed through the third-party service provider shall be processed and stored by The User Agreement and Privacy Policy.

2. Payment Policy

The Platform tariff payment shall be made via one of the payment systems such as Stripe.com, PayPal, or CloudPayments. These payment systems collect and retain financial information in accordance with their User Agreement and Privacy Policy.

The Administration does not store full card details. It is not a Payment Controller, as it only receives notifications about successful payments.

It is understood, however, that when receiving payment for the Tariff, the Administration may collect additional information including, inter alia, transaction number, transaction time, type and expiration date of the card used for payments as well as the last four digits of the card number, the cardholder’s name, country and city where the card has been charged.

2.1. Personal Data Requested by third party services

The User may be required to provide access to accounts of third-party service providers including, inter alia, public file storage, instant messaging service, social networks, etc to use different Services. In this case, the Administration may receive from the third party provider additional personal data including, inter alia, gender, location, user pic, etc. All information accessed through the third-party service provider shall be processed and stored by the User Agreement and Privacy Policy.

2.2. Activity Data Tracking

While the User is logged into their Account, for the purposes of security and fraud prevention, the following activities are logged: date and time of signing in, date and time when the project was created, date and time when the project was deleted; date and time the password and email were changed, date and time the project and webpage were transferred to another account.

2.3. Personal Data required during Domain Registration

The User has the option of registering a domain name in this personal account on the Platform. This service is provided by the domain name registrar LLC Domains Registrar REG.RU. All personal data required for domain registration shall be processed and stored in accordance with their User Agreement and Privacy Policy. The Platform does not process this requested data; it solely provides the user interface for transferring personal data to the domain registrar.
 

3. The way Personal Data is collected 

The main ways of receiving personal information from Users:

a) User provides personal information directly (e.g., when registering on the Platform or using a payment system);

b) Personal Data is collected automatically when the User looks through or uses the Platform, for example with the cookie files (see more in the Cookie Policy);

c) A user can provide Personal Data on their own accord when they sign in and use third-party services integrated wilfully while they assign and use third-parties services that are integrated into the Platform. 

4. Personal Data Use 

The Administration may use Personal Data provided to it by the User to:

a) Create an Account and Personal account to use the Platform;

b) Provide client service and technical support;

c) Send notices by email, such as confirmation of registration, a reminder and a notice about a forthcoming or completed payment, activation of the trial period and notification of its termination, complaints about the Site created within the Account, and notices about significant changes in client service. These messages are mandatory from a technical point of view and cannot be canceled for an active account.

d) Email educational materials regarding using the Platform and monthly newsletters containing news connected with the Platform’s functions. To opt-out from receiving these messages, the User must follow the unsubscribe instruction which is contained in every message they receive.

e) Provide tailored service. For example, the location and language detected by the browser are used to set the language of the Platform’s interface.

f) Send promotional materials and advertising. Depending on how the User engages with the Platform, they may be sent individual marketing messages about products and services. Also, the information about user interaction with the Platform allows it to recalibrate advertising campaigns, for example, avoid showing social ads to the Platform’s users.

g) Integrate third-party services that provide additional functionalities to the User’s website that have been added by the user voluntarily and on their own accord.

h) Sending notifications of payments made on the User’s website.

i) Improve the function of the Platform and provide better services. Statistics and analysis about the use of the Platform’s functions allow us to determine the priorities for further development. As a result, for this purpose, anonymous generalized information is used.

5. Transfer of personal data to third parties 

The User may be required to provide Personal Data through third-party services, for example, to make a transaction or integrate third-party services that give additional features to the User’s website. The User provides this information voluntarily and on their own accord. All personal data required by third-party services shall be processed and stored in accordance with their User Agreement and Privacy Policy.

The Administration can share personal data with service providers that perform services on the Administration’s behalf. For example, the Administration can use third parties to it provide customer support, manage advertising, and send notifications and newsletters on the Administration’s behalf. These third parties are prohibited from using the Users’ personal data for promotional purposes.

The Administration can disclose personal data if required within the limits of the law or to protect rights and interests if this disclosure is reasonably needed to comply with the law or to prevent fraud. In particular, the Administration can disclose the User’s data if it is lawfully requested by state authorities or if it receives a justified claim addressed to the User about the violation of the Third parties’ rights and/or the User Agreement.

The Administration can share the User’s data with third parties to provide the User with targeted advertising and also to measure and control its effectiveness. For example, the Administration can use encrypted emails to adjust advertising on social networks to avoid showing these ads to current Platform users.

6. Storage of data 

The processing and storage of the User’s data will be carried out lawfully during the time that the account exists. If

3 the account is deleted, some data may be stored insofar as it is necessary for fulfilling legal obligations, settling disputes, preventing fraud, and protecting the interests of the Administration.

The Administration takes all necessary technical and organizational precautions to protect User’s data against unauthorized or accidental access, deletion or alteration, blocking, copying, disclosure, or other unauthorized actions of third parties.

In case of loss or disclosure of User’s data, the Administration notices the User about the fact of his data loss or disclosure.

7. Personal Data collected by Users on their websites 

7.1. General provisions

The Administration does not process personal data collected by the User on websites and only provides the computing capacity that could be used for data collection. The Administration is not a ‘Controller’ but a ‘Processor’, according to the terminology defined in the European Union General Data Protection Regulation.

Data collected on the User’s website is kept in their account for 30 days. This function is included by default and is aimed at improving user experience. The User is free to switch off this function at any time, change the amount of time their data is retained, change or delete data either in part or in full, and also export data.

In the event the User uses an online payment system, the Administration may receive partial data about a successful payment to facilitate cooperation between the website and payment system.

The function of logging and retaining partial information about a successful payment is included by default. This function can be set by the User in their account. The User may change the length of time their data is kept or turn off this function.

7.2. Responsibility of the User

Should the User process third-party data, the User is solely liable for taking appropriate measures for the protection of personal data, according to the General Data Protection Regulation (GDPR) and other laws and regulations, including obtaining proper permits and posting the necessary documentation and information to their website.

The Administration does not have the right to provide legal assistance to Users, although we recommend that the Users who process personal data, add a User Agreement to their website, as well as the confidentiality agreement, and in the data collection form add links to these documents and a special field that will show that the User has read and given consent to these rules. 

The site created by the User uses cookie files by default. In case the User has no plans to use this function or work with personal data, they must disable the use of cookies in the site settings. 

8. Cookie Policy 

Cookies are small text files sent by the server to the user’s device. Cookies perform many functions, for example, they allow to save the settings made by the user, will enable the user to move between pages after signing in, and, on the whole, make working on a website more accessible.

Here’s how we are using cookie files:

а) Identification — cookie files allow website providers to recognize your advice and your Account so they don’t have to request your login details and password every time you go to another page;

b) Analytics — cookie files allow us to obtain information about the viewing how many times this or that page was viewed.

The user has the right to set the browser to refuse cookies but this will substantially limit their ability to the Platform.

9. Managing personal data 

The User can review, change or delete Personal data that was provided by the User or that was collected from the User’s website, in their account or by sending a relevant query by emailing [email protected]
The User may use the same email address should the User request for their online Account to be deleted.

For technical reasons, the information may not be deleted straight away, but after a delay. Please note that we may retain some of the information to the extent that is necessary for fulfilling legal obligations, resolving disputes, preventing fraud, and protecting the legitimate interests of the Administration.

10. User’s obligations 

With the User to the Administration, the User provides their data and keeps it current.

The User shall independently manage relationships with their Users about the data collected on the User’s website.

11. Administration obligations 

The Administration undertakes to:

a) Use the information provided exclusively for the purposes set out in Clause 4 of the present Privacy Policy;

b) Keep personal information confidential; not to disclose the User’s personal information without prior written permission from the User; not to sell, exchange, publish or disclose it by any other means, except for the means indicated in Clause 5 of the present Privacy Policy.

c) Take measures to protect the confidentiality of the User’s personal information according to standard procedures.

d) Block the User’s personal immediately after receiving a request from the User or their legal representative or a relevant authority for the protection of the User’s data white it is being checked in case invalid data or unauthorized activities are detected.

The Administration may share the User’s data with the authorities in the relevant jurisdiction solely on the grounds and according to the legislation of the Russian Federation.

12. Liabilities of the Parties 

In case of a failure to perform its obligations, the Administration accepts liability for any losses, but no more than the cost of the Tariff incurred by the User as a result of the unauthorized use of their data, by the legislation of the Russian Federation, except for the cases when personal data:

a) Was shared with authorities of the corresponding jurisdiction;

b) Was disclosed by the third party after it was shared by the Administration, with the User’s consent;

c) Became public before it was lost or disclosed;

d) Was received from a third party before it was provided to the Administration;

e) Was disclosed with the User’s consent;

f) Was disclosed as a result of a force majeure event;

g) Was disclosed as a result of a justified claim addressed to the User about the violation of the Third parties’ rights and/or the User Agreement. 

13. Contacts 

If you have any questions, comments, or complaints about this Privacy Policy, please contact us as follows: you may email us at [email protected]
We will respond within a reasonable amount of time.




TERMS

Affiliate Program Operating Agreement This Affiliate Program Operating Agreement(the “Agreement”) is made and entered into by and between Breeze Media (“Breeze Media” or “we”), and you, (“you” or “Affiliate”) the party applying to become a Breeze Media affiliate). The terms and conditions contained in this Agreement apply to your participation with https://Breeze Media.network/ (“Affiliate Program”). Each Affiliate Program offer (an “Offer”) may be for any offering by Breeze Media or a third party (each such third party a “Client”) and may link to a specific website for that particular Offer (“Program Web Site”). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.

1. Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.

2. Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, Breeze Media agrees as follows:

2.1. We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the “Links”) which you may display on websites owned or controlled by you, in emails sent by you and identified as coming from you and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your media to the Program Web Site.

2.2. We will pay Affiliate for each Qualified Action (the “Commission”). A”Qualified Action” means a person who (i) accesses the ProgramWeb Site via the Link, where the Link is the last link to the Program Website, (ii) is not a computer-generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv)completes all of the information required for such action within the period allowed by Breeze Media and (v) is not later determined by Breeze Media tobe fraudulent, incomplete, unqualified or a duplicate.

2.3. We will pay you any Commissions earned monthly, provided that your account is currently greater than $. Accounts with a balance of less than$ will roll over to the next month and will continue to roll over monthly until $ is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.

2.4. Payment for Commissions is dependent upon Clients providing such funds to Breeze Media, and therefore, you agree that Breeze Media shall only be liable to you for Commissions to the extent that Breeze Media has received such funds from the Clients. You hereby release Breeze Media from any claim for Commissions if Breeze Media has not received such funds from the Clients.

2.5. Breeze Media shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Breeze Media at its sole discretion. If the Affiliate disputes in good faith any portion of an invoice, the Affiliate must submit that dispute to Breeze Media in writing and sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees to irrevocably waive any claims based upon that invoice. If affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide Breeze Media with Affiliate’s reports within three (3) days after 30th day of the calendar month, and if Breeze Media’s and the Reported statistics vary by more than 10% and Breeze Media reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then Breeze Media and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Breeze Media’s numbers shall govern.

2.6. If Affiliate has an outstanding balance due to Breeze Media under this Agreement or any other agreement between the Affiliate and Breeze Media, whether or not related to the Affiliate Program, Affiliate agrees that Breeze Media may offset any such amounts due to Breeze Media from amounts payable to Affiliate under this Agreement.

3. Affiliate also agrees to:

3.1. Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

3.2. Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii)do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that breeze Media informs you that it considers objectionable (collectively, “Objectionable Content”).

3.3. Not make any representations, warranties or other statements concerning Breeze Media or Client or any of their respective products or services, except as expressly authorized herein.

3.4. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Breeze Media or Clients or a part of the Program Web Site, without prior written permission from us.

3.5. Comply with all (i) obligations, requirements and restrictions under this agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.

3.6. Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.

3.7. Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and the provision of such personally identifiable information to Breeze Media and Clients for use as intended byBreeze Media and Clients.

3.8. Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Breeze Media or Client, or as required by applicable laws regarding such Offers.

3.9. Make sure to not place Breeze Media ads on any online auction platform (i.e. eBay, Amazon, etc).

4. The following additional program-specific terms shall apply to any promotional programs set forth below:

4.1. Email Campaigns. For all email campaigns, Affiliate must download the”Suppression List” from the Offers section of Breeze Media. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. Breeze Media will provide an opt-out method in all Links, however, if any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to Breeze Media at [email protected]
Affiliate’s emails containing the Links may not include any content other than the Links, except as required by applicable law.

4.2. Affiliate agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the AffiliateProgram, possible legal action and any other rights or remedies available to Breeze Media under this Agreement or otherwise. Affiliate further agrees that it will not mail or market to any suppression files generated through the Breeze Media network and that doing so may result in commission withholdings, removal or suspension from the AffiliateProgram, possible legal action, and any other rights or remedies available to Breeze Media pursuant to this Agreement or otherwise.

4.3. Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Breeze Media in writing. Any pop-ups/unders used for the Affiliate Program shall be identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end user’s computer if the function of the software is disclosed to end-users before installation, the installation is pursuant to affirmatively accepted and plain-English end user license agreement and the software be easily removed according to generally accepted methods.

4.4. Affiliate Network Campaigns. For all Affiliate that maintain their own affiliate networks, the Affiliate agrees to place the Links in its affiliate network(the “Network”) for access and use by those affiliates in Affiliate’s Network(each a “Third Party Affiliate”). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliateshall does not permit any party to be a Third Party Affiliate whose website or business model involves content containing Objectionable Content. All third-party affiliates must be in good standing with the Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement before obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. If either party suspects any wrongdoing by a Third Party Affiliate concerning the Links, Affiliate shall promptly disclose to Breeze Media the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future offers of Breeze Media in the Network upon written notice from Breeze Media. Unless Breeze Media has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by Breeze Media, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.

5. Confidentiality
Except as otherwise provided in this Agreement or with the consent of Breeze Media, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly orindirectly, by you for any purpose other than your participation in the AffiliateProgram, except and solely to the extent that any such information is generally knownor available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate aservice that competes with the Affiliate Program, or assist another party to do thesame.

6. Limited License & Intellectual Property
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our website through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the ProgramWeb Site.
You may not alter, modify, manipulate or create derivative works of the Links or any Breeze Media graphics, creative, copy, or other materials owned by, or licensed to, Breeze Media in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Breeze Media’s trademarks, service marks, copyrights, patents, or trade secrets. You agree that Breeze Media may use any suggestion, comment, or recommendation you choose to provide to Breeze Media without compensation. All rights not expressly granted in this Agreement are reserved by Breeze Media.

7. Termination
This Agreement shall commence on the date of our approval of your AffiliateProgram application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media and deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Breeze Media or Client intellectual property, and will cease representing yourself as a Breeze Media or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action, and any provisions, which by their terms are intended to survive termination, shall survive any termination.

8. Remedies
In addition to any other rights and remedies available to us under this agreement Breeze Media reserves the right to delete any actions submitted through yourLinks and withhold and freeze any unpaid Commissions or chargeback paid commissions to your account if (i) Breeze Media determines that you have violated this agreement, (ii) Breeze Media receives any complaints about your participation in the affiliate Pprogramwhich Breeze Media reasonably believes to violate this Agreement or(iii) any Qualified Action is later determined to have not met the requirements outlined in this Agreement or on the Affiliate Program. Such withholding or freezing of commissions, or chargebacks for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Breeze Media reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.

9. Anti-Spam Policy
You must strictly comply with the federal CAN-SPAM Act of 2003 (the “Act”). All emails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request – before your send emails containing linking or referencing the Affiliate Program that you submit the final version of your email to Breeze Media for approval by sending it to your representative and upon receiving written approval from Breeze Media of your email the email may be transmitted to third parties.
You solely should ensure that the email complies with the Act. You agree not to rely upon Breeze Media’s approval of your email for compliance with the Act, or assert any claim that you comply with the Act based upon Breeze Media’sapproval.

10. Fraud
You are expressly prohibited from using any persons, means, devices, or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using steelware, cookie-stuffing, and other deceptive acts or click fraud. Breeze Mediashall makes all determinations about fraudulent activity in its sole discretion.

11. Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you by its terms, and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Breeze Media represents and warrants that it shall not knowingly violate any law, rule, or regulation which applies to XS’s own business operations or Breeze Media’s proprietary products or services.

12. Modifications
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this agreement without penalty solely on the account of such termination within such a ten(10) business day period. Your continued participation in this Affiliate Program ten(10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Breeze Media may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from Breeze Media to remove, alter or modify any Link, graphic, or banner ad that is being used by Affiliate as part of the Affiliate Program.

13. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, or guarantee statement other than as outlined in this Agreement or on the Affiliate Program.

14. Mutual Indemnification
Affiliate hereby agrees to indemnify, defend and hold harmless Breeze Media and clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners, and agents against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through affiliate, of the Links, Offers or Breeze Media or Client intellectual property, or (iii)any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
Breeze Media hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners, and agents against any claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that Breeze Media is not authorized to provide you with the Links.

15. Disclaimers
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO THE AFFILIATE “AS IS”. EXCEPT AS EXPRESSLY SET FORTH HEREIN, Breeze media expressly DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING, USAGE, OR TRADE. Breeze Media DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET THE AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. Breeze Media EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. Breeze Media DOES NOT GUARANTEE THAT AFFILIATES WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.

16. Limitation of Liability
IN NO EVENT SHALL Breeze Media BE LIABLE FOR ANY UNAVAILABILITY ORINOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE, OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF Breeze Media. IN NO EVENT WILL Breeze Media BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT Breeze Media HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. Breeze Media’S CUMULATIVE LIABILITY TO THE AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO THE AFFILIATE BY Breeze Media IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY BEFORE SUCH CLAIM.

17. Governing Law & Miscellaneous
Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by Breeze Media to enforce the terms of this agreement. This Agreement contains the entire agreement between Breeze Media and Affiliate concerning the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that Breeze Media shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with, or supplement this Agreement, regardless of whether Breeze Media “clicks through” or otherwise indicates its acceptance thereof. The affiliate may not assign all or any part of this Agreement without Breeze Media’s written consent. Breeze Media may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors, and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as outlined in the “Modifications” section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid, or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalidation of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor about the other party concerning all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association, or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 28-11-2016