These Terms of Use (hereinafter the "Terms of Use" or the "Agreement") constitute a legally binding public offer agreement and govern use by Affiliates as they are defined herein of the OliMob Affiliate Network available via the www.OliMob.com website (the "Affiliate Network"), which is provided, maintained and operated by SFB TECH PTE. LTD, a company based in the Singapore, with its address at: 30 Cecil Street #19-08, Prudential Tower, Registration Number: 01710801N (the "Operator").
These Terms of Use constitute a legally binding agreement between the person accepting these Terms of Use and agreeing to be bound by them as an Affiliate-class user of the Affiliate Network as defined herein ("Affiliate" or "You") and the Operator governing Affiliate's access and use of the Affiliate Network, and its provisions may be enforced against the Affiliate under applicable law. Please read and review these Terms of Use before accessing or using the Affiliate Network.
By accessing or using the Affiliate Network, you acknowledge that you have read, understood and agreed to be legally bound by these Terms of Use without limitation or qualification. These Terms of Use are subject to change; please review these Terms of Use each time you access and/or use the Affiliate Network. By accessing and/or using the Affiliate Network, you shall be deemed as having accepted the most recent version of these Terms of Use. If you do not agree to follow and be bound by these Terms of Use, you may not access or use the Affiliate Network in any way.
DEFINITIONS
It is hereby expressly agreed that for the purposes of these Terms of Use the following definitions shall have the following meaning:
Advertisers: clients of the Operator who provide the Operator with Advertisements for display on Advertising Platforms operated by Affiliates of the OliMob.
Advertisement: advertising information relating to Products in the form of text and/or graphic blocks containing, in each case, a direct hypertext link to the Target (banner) dedicated to the particular Advertiser's Product in the relevant App Store, placed on the Advertising Platforms by the Affiliates, accessible and "clickable" only via mobile telecommunication networks and only with help of mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices).
Advertising Platform: an Internet-based Website maintained and operated by the Affiliate of the Affiliate Network, which serves as an advertising platform for Advertisers' Advertisements, accessible only via mobile telecommunication networks and only with help of mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices).
Affiliate: the person who is a webmaster accepting these Terms of Use as Affiliate of the Affiliate Network who places the Advertisement on Affiliate's Advertising Platform(s) and maintains its normal operation in the manner set forth herein.
Marketplaces: Apple App Store, Google Play Store, and any other similar online store accessible only via mobile telecommunications networks and only with help of mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices), that offer purchase and download software applications (apps) designed and designated for deployment and used only on mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices).
OliMob: the Internet-based Affiliate Network located and accessible via website www.OliMob.com
Install: an app installation made by an Internet user relating to a specific Advertisement placed on the Affiliate's Advertising Platform. A single Install is considered completed when 1 (One) Internet user installs 1 (One) Advertisement displayed on a Affiliate's Advertising Platform 1 (One) time by means of activating the hyperlink embedded in the Advertisement and successful rerouting via said hyperlink to the Target.
Internet: World Wide Web, the worldwide global computer network for data transmission and exchange through TCP\IP and HTTP protocols.
Offer: the offer from the Advertisers provided to the Affiliate via the Personal Account, containing the Advertisement Materials for publication on the Internet (texts, graphics, other materials); the prohibition or the permission to use incent traffic; the cost of one Install; Any other conditions for publication of the Advertisement, if necessary.
Manager — a contact person who is responsible for controlling or administering Olimob's organisational activities, including making changes to the Personal Account.
Personal Account (Profile): a personal section of the www.OliMob.com (http://www.OliMob.com/) website is available to the Affiliate by entering personal identification data (login - access name, password - access code). All the actions submitted from the Profile of the Affiliate are regarded as the action taken by such Affiliate.
Target: a Web Page on the Internet accessible only via mobile telecommunication networks and only through mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices) dedicated to and containing description of a specific Advertiser's or Advertiser's client's product, accessed by Internet users by means of "clicking", on the users' mobile devices, on the Advertisement displayed on Affiliate's Advertising Platform(s).
Website: a set of computer programs and databases designed and designated for publication and making available to the general public via Internet and other telecommunications networks of data, text, graphics and/or audiovisual works by technical means used to communicate between computers on the Internet. A Website consists of Web Pages. For the purposes of these Terms of Use, "Website" shall mean only a website that is accessible only via mobile telecommunication networks and only by using mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices).
Web Page: a component of a Website displayed in a single browser window that has a separate URL address in the Website structure. For the purposes of these Terms of Use, "Web Page" shall only refer to a web page that is accessible only via mobile telecommunication networks and only by using mobile devices (PDA, tablet PC, smartphones, cellular phones and other similar devices).
SUBJECT OF THE AGREEMENT
By accepting these Terms of Use and creating your Personal Account as an Affiliate within the Affiliate Network You,, hereby undertake and agree to download the Advertisers' Advertisement provided in the Advertisers' Offer which is made available via your Personal Account and to publish it in the same form of text and/or graphic blocks containing, in each case, a direct hypertext link to the Target (banner) dedicated to the particular Advertiser's Product in the relevant Marketplaces on your Advertising Platform(s). The Operator undertakes and agrees to pay You remuneration for completed Installs in the manner and on the terms set forth herein.
The Offer(s) will be provided to you by the Operator via your Personal Account after your registration within the Affiliate Network.
On creating the Personal Account, OliMob will check the completeness and truthfulness of the registration information provided by the Affiliate and will establish the possibility of conclusion of the Agreement: OliMob will check URL and the content the Affiliate`s web-site used for publication of the Advertisement, methods of publication of the Advertisement, as well as any other information, specified by the Affiliate in the course of registration.
OliMob will create the Personal Account for the Affiliate only in case of providing true and complete information, required in the course of registration, and in case of possibility of conclusion of the Agreement with the Affiliate.
The content of the Offers can be changed by OliMob unilaterally. OliMob will send the corresponding notice of revision to the Affiliate.
The Affiliate agrees that an electronic message (e-mail), sent to the electronic address, specified by the Affiliate on registration, shall be deemed as a legal notice. On creation of the Personal Account, OliMob will assign the corresponding status to the Affiliate which can be improved in case of efficient cooperation of the Affiliate and OliMob and proper execution by the Affiliate of the obligations provided by the Agreement.
INTELLECTUAL PROPERTY OWNERSHIP
Unless otherwise noted, all intellectual property rights including but not limited to text, content, and documents made available via OliMob, any names, logos, trademarks, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, or other intellectual property appearing via OliMob, and the organization, compilation, look and feel, illustrations, artwork, videos, music, software and other works via OliMob (the "Content") are owned by OliMob or used with permission or under license from a third party, and are protected under copyright, trademark and other intellectual property and proprietary rights laws.
REPRESENTATIONS AND WARRANTIES
Both Operator and Affiliate warrant and represent at all times that (i) they have the right, power and authority to enter into this Agreement, (ii) the execution of this Agreement and the performance of the obligations and duties hereunder do not and will not violate any agreement to which Operator or Affiliate is a party or by which they are otherwise bound.
The Affiliate represents and warrants at all times that:
The Affiliate owns and/or has the right to use the Advertising Platform and any other intellectual property used in connection with this Agreement;
The Advertising Platform does not and will not contain any content connected with the below:
- material that infringes the rights of others (including but not limited to copyright and other intellectual property rights) or which promotes copyright piracy (i.e., unauthorized MP3s, roms, 'warez', emulators, or cracks, etc.)
- material that contains pornography, adult content, sexual or erotic material, slavery or any humiliation of a person,
- material with gratuitous displays of violence, obscene or vulgar language, and abusive content or content which endorses or threatens physical harm or tags with malware.
- material that promotes any type of hate-mongering (i.e., racial, political, ethnic, religious, gender-based, sexuality-based or personal, etc.)
- material that promotes any type of illegal substance or activity (i.e., how to build a bomb, hacking, 'phreaking', etc.)
- material that contains any content violating applicable privacy laws.
Except as disclosed to OliMob in writing, the Advertising Platform is not a child-directed application;
The Affiliate shall not directly or indirectly interfere or attempt to interfere with the proper working of OliMob or authorize any third party to do so; and
The Advertising Platform is in compliance with all applicable legal, regulatory, and operator requirements, including without limitation, as to a) the user's agreement to download it, (b) the inclusion of advertising on it, and (c) the uninstallation and removal of the mobile application.
RIGHTS AND OBLIGATIONS
The Affiliate has the right to:
Suspend placement of Advertisement at any time;
Cancel Affiliate status by means of terminating Affiliate's Personal Account within the Affiliate Network;
Employ third parties at his or her own expense (Subaffiliates) provided that the Affiliate undertakes to ensure compliance of conditions of the current legislation, the Agreement, conditions and requirements of the corresponding Offers by the Subaffiliate;
Withdraw funds earned for Installs completed by Internet users with respect to Advertisements placed on Affiliate's Advertising Platform(s) from Affiliate's Personal Account, subject to these Terms of Use; and
Enjoy other rights available to the Affiliate under applicable law.
The Affiliate must:
Register as Affiliate-type of user on the Operator's OliMob filling up the registration form available at www.OliMob.com;
Take due care in protecting your username and password against misuse by third parties and promptly notify the Operator about any misuse by sending an email message to the following e-mail: support@OliMob.com;
Abstain from disclosing your username and password to any third parties;
Download the Advertisement from the Account and publish it on Affiliate's Advertising Platform(s);
Abstain from changing the Advertisement in full or partly;
To publish the Advertisement in accordance with such changes within 5 (five) calendar days from the moment of receipt of the legal notice in case of receipt of the legal notice from OliMob about changes in the Offer;
Keep all data and information relating to the Affiliate Network which have or will become known to the Affiliate in connection with using the Affiliate Network confidential at all times, as all information and data relating to the Affiliate Network constitute Operator's trade secret (know-how) and proprietary software, infringement of intellectual property rights in which entails strict liability under applicable law;
Notify OliMob beforehand in a way set forth herein, when Affiliate wants to change the requisites, specified in his or her Personal Account.
Notify OliMob when You decide to cancel his or her Profile; and
When requested by the Operator by email, remove Advertisement from Affiliate's Advertising Platforms.
At all times, without undue delay provide to Operator all reasonable assistance necessary in relation to due diligence, risk assessment, compliance with Applicable Laws and this Agreement, routine enquiries about the Subject of the Agreement and to enquiries by regulatory authorities in relation to the Agreement; such obligation shall apply at the time of accepting these Terms of Use as well as on an ongoing basis and once the Agreement has ceased, for the relevant amount of time required by Applicable Laws.
The Operator has the right to:
Refuse registration of the Affiliate's Advertising Platform(s) on the OliMob at Operator's sole discretion and without explanation of reasons;
Systematically monitor and review placement and deployment of the Advertisement on Affiliate's Advertising Platform(s) at any time;
Use the traffic that arrives on the Affiliate Network exclusively at their own discretion;
Use any information that comes from the Affiliate, its third parties, simply about third parties according to this Agreement at its own discretion;
Cancel Installs and delete them from the Affiliate Network if they are found to be false Installs (unless the incent traffic is expressly permitted by the Offer); and
Terminate Affiliate's account without paying the balance if the Affiliate is found to be in breach of any provision of these Terms of Use.
In the event that the Affiliate breaches these Terms of Use or violates any laws that are applicable under this Agreement, the Operator has the right to refer all available data about this Affiliate to the law enforcement authorities for further substantive investigation of the situation.
The Operator undertakes to:
Pay the remuneration for completed Installs to the Affiliate in due time in the manner and on the terms set forth by these Terms of Use;
Assist the Affiliate for the purposes of full performance of Affiliate's obligations hereunder; and
Generate reports on completed Installs and provide them via Affiliate's Personal Account.
RESTRICTED PLATFORMS
You hereby agree that you are expressly prohibited to allow any third party to place the Advertisement on the following platforms (the "Restricted Platforms"):
Websites that ordinarily contain or host content that is illegal, unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially may give rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations, directives, treaties or guidelines, or that infringe or violate other parties' intellectual property, publicity, or privacy rights or contain links to infringing or unauthorized content;
Websites aimed at misrepresenting, defrauding or defaming others;
Websites that negatively present the Affiliate Network and/or the Operator and/or its affiliates;
Websites that may contain or transmit malicious code;
Websites that may interrupt the functionality of or tamper with the Affiliate Network or any content of the Affiliate Network, including but not limited to Advertisements, or any servers used in providing the Affiliate Network, or to unreasonably affect others' enjoyment of the Affiliate Network in any way;
Websites that distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Affiliate Network, or the interest or property of the Affiliate Network's users;
Websites that promote activity that is unlawful or illegal under the laws of any jurisdiction;
Websites that invade privacy of Internet users by means of phishing, identity theft and/or other means.
Breach of this "Restricted Platforms" Section of these Terms of Use shall be deemed to constitute a material breach of these Terms of Use by the Affiliate and and may also be considered as a direct violation of applicable laws, and may result in criminal prosecution and/or civil and/or disciplinary or administrative liability, as well as action against you and your account initiated by the Operator, including but not limited to termination of your account without paying you for completed Installs hereunder.
RESTRICTIONS
You hereby agree that You are expressly prohibited to perform and allow any third party to perform any of the following actions, including but not limited to:
display, copy, store, modify, adapt, reverse engineer, sell, publish, make available to the public or redistribute the Affiliate Network or any services made available to you via the Affiliate Network;
allow any third party to access and use the Affiliate Network using your login and password;
use the Affiliate Network for any illegal purposes;
create multiple accounts;
use the Affiliate Network for political or proselytizing purposes;
impersonate or falsely claim affiliation with any person or entity;
misrepresent, defraud or defame others;
negatively present the Affiliate Network and/or the Operator and/or its affiliates;
transmit malicious code on or with help of the Affiliate Network;
collect information of other Affiliate Network users through the Affiliate Network;
interrupt the functionality of or tamper with the Affiliate Network or any content or Affiliate Network contained in or provided through the Affiliate Network, or any servers used in providing the Affiliate Network, or to unreasonably affect others' enjoyment of the Affiliate Network in any way;
try to assess, test or make use of any vulnerability of the Affiliate Network without the prior written consent of the Operator;
distribute or post spam, unreasonably large files, chain letters, pyramid schemes, viruses or any other technologies that may harm the Affiliate Network, or the interest or property of the Affiliate Network users;
promote via the Affiliate Network activity that is unlawful or illegal under the laws of any jurisdiction;
invade privacy of other Affiliate Network users by means of phishing, identity theft and other means;
seek to exploit or harm other Affiliate Network users by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
advertise any commercial endeavor or otherwise engage in any commercial activity except as may be specifically authorized on this Affiliate Network and explicitly allowed under these Terms of Use;
host materials that are unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourage criminal conduct, or that give rise, or potentially may give rise, to civil or criminal liability, or that violate any applicable laws, rules, regulations, directives, treaties or guidelines, or that infringe or violate other parties' intellectual property, publicity, or privacy rights or contain links to infringing or unauthorized content on your Advertising Platform(s);
link the Affiliate Network to any website that ordinarily contains or hosts content that is unlawful, pornographic, obscene, defamatory, libelous, threatening, discriminatory, harassing, bullying, vulgar, indecent, profane, hateful, racially, culturally or ethnically offensive, or that encourages criminal conduct, or that gives rise, or potentially may give rise, to civil or criminal liability, or that violates any applicable laws, rules, regulations, directives, treaties or guidelines, or that infringe or violate other parties' intellectual property, publicity, or privacy rights or contain links to infringing or unauthorized content;
except for representing yourself as an Affiliate hereunder, create an association between you and the Affiliate Network and/or the Operator, unless otherwise specifically permitted by the Operator;
use bots, spiders, offline readers or other automated systems to access or use the Affiliate Network;
use the Affiliate Network for engaging in any activities that are unlawful, defamatory, libelous, threatening, discriminatory, indecent, profane, hateful, racially, culturally, sexually or ethnically offensive, or that encourage criminal conduct, or that give rise, or potentially may give rise, to civil or criminal liability; or
use the Affiliate Network for any purposes other than those permitted under the Terms of Use.
Breach of this "Restrictions" section of these Terms of Use shall be deemed to constitute a material breach of these Terms of Use and may also be considered as a direct violation of applicable laws. Unauthorized access and use of the Affiliate Network, including any use in contravention of these Terms of Use and the "Restrictions" section of these Terms of Use, is prohibited and may result in criminal prosecution and/or civil and/or disciplinary or administrative liability, as well as action against you and your account initiated by the Operator.
We do not tolerate incentive, spam, false advertisement, bot or fraudulent activity if an offer description does not allow it. Failure to comply will result in declining all traffic obtained from predatory publishers. Some extra charges can be applied based on damage from such activity.
PAYMENTS
Minimum withdrawal sum is $300 (three hundred US Dollars), if the preferred way of withdrawal is one of the following: e-payments, payments with cryptocurrencies, payments via PayPal or WebMoney, and $500 (five hundred US Dollars), if the preferred way of payment is wire transfer with NET30 monthly basis.
The amount of remuneration payable to you by the Operator under these Terms of Use is floated and depends on your status in OliMob as well as on the selection of the particular Offer(s) and the number of the Installs performed. The remuneration is calculated from the moment of generation of the Installs. The amount of payment for your services is calculated on the basis of the information of the amount of Installs rendered by you, received from the automatic platform owned by OliMob.
OliMob provides you with the information of the amount of Installs rendered by you via the Personal Account.
The amount of payment for your services can be changed by OliMob unilaterally in case of assignment of the new status or for any other reasons. OliMob will send a legal notice on any changes in the amount of payment for your services.
OliMob undertakes to pay for your services once a week. The payment includes the remuneration payable for Installs performed before the date prior to the hold period of two weeks.
OliMob undertakes to pay for your services using requisites and by way specified in your Personal Account. The date of transfer of the payment for your services is deemed as a payment date.
In case You want to change the requisites, specified in your Personal Account, You should notify OliMob not less than 7 (seven) calendar days before the expected payment date by sending an email message (notice) using your email address listed in your Personal Account.
The notice should be sent to the following e-mail: finance@olimob.com. Affiliates also undertake to send a copy of such notice to the Manager’s e-mail.
All payments shall be made in United States Dollars (US Dollar).
Notwithstanding any of the foregoing or anything to the contrary elsewhere in these Terms of Use, you hereby expressly agree that the Operator is under no obligation to pay You your remuneration hereunder unless and until the Operator first approves completed Installs.
TERM AND TERMINATION
These Terms of Use are effective immediately upon your acceptance of them, and continue in full force and effect until termination of your use of the Affiliate Network. You may terminate your access and use of the Affiliate Network if you no longer wish to use the Affiliate Network by purging your Personal Account information and permanently deleting your Personal Account at any moment.
The Operator reserves the right to investigate any and all suspected violations of these Terms of Use by You and to take any and all necessary or appropriate actions to remedy such violations, as the Operator may determine appropriate. The Operator may suspend, terminate, modify, restrict or delete your access to the Affiliate Network at any time at its sole discretion, with or without notice to You, if there is an indication that you have breached these Terms of Use. If You are found to be in a material breach of these Terms of Use, such as being found violating the "Restrictions" or " Restricted Platforms" sections of these Terms of Use, or being found by the Operator or reported by a third party as artificially increasing the quantity of Installs by creating false Events, unless incent traffic is expressly permitted by the Offer, the Operator reserves the right to both suspend your account for an indeterminable amount of time or terminate it and notify the relevant government officials in the relevant jurisdiction if your actions may be classified as illegal and punishable under applicable laws.
ACCESS, UPTIME AND AVAILABILITY
The Affiliate Network may not be available in some countries and may be provided only in selected languages. The Affiliate Network may be network dependent. The Operator reserves the right, at its sole discretion, to change, improve and correct the Affiliate Network. The Affiliate Network may not be available during maintenance breaks and other times. The Operator may decide to discontinue the Affiliate Network or any part thereof at its sole discretion and at any given moment. The Operator does not represent or warrant that the Affiliate Network, or any part thereof, is appropriate or available for use in any particular jurisdiction, and does not represent or warrant that your access to the Affiliate Network will be error-free, virus-free, uninterrupted, and that the Affiliate Network servers will be up permanently.
DISCLAIMER OF WARRANTIES
You expressly acknowledge and agree that You access and use the Affiliate Network at your sole discretion and your sole risk. The Affiliate Network, and any portion or section of the Affiliate Network, including but not limited to any services available to You via the Affiliate Network are provided "As is", "With all faults" and "As available". To the fullest extent permitted by law, the Operator and its affiliates expressly disclaim any and all warranties of any kind, whether express or implied, including, without limitation, the implied warranties of merchantability , fitness for a particular use or purpose and non-infringement. To the maximum extent allowed under any Applicable Laws, neither the Operator nor any of its affiliates make any warranties or representations about the accuracy or completeness of content available on or through the Affiliate Network or the content of any other Internet or mobile resources linked to the Affiliate Network.
LIMITATION OF LIABILITY
To the fullest extent permitted under any applicable laws, in no event will the Operator, its shareholders, subsidiaries, affiliates, licensors, website and/or internet service providers, content providers, employees, officers, directors, and agents be liable to You or anyone else under any liability (whether in contract, tort, statutory, or otherwise) for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or any other damages, including loss of revenue or income, pain and suffering, emotional distress, damages for loss of goodwill, data or any other intangible losses, resulting from your access and/or use of, or inability to access and/or use the Affiliate Network or any part or portion thereof, even if the Operator has been advised of the possibility of such damages. You assume full responsibility for any damages, losses, costs, or harm arising from your access and/or use of, or inability to access and/or use, the Affiliate Network.
INDEMNIFICATION
You agree to defend, indemnify and hold the Operator, its subsidiaries, affiliates, licensors, content providers, service providers, employees, officers, directors, agents, representatives, licensees, authorized designees, successors, assigns and contractors harmless from and against, and reimburse to the Operator or any such party in full any costs or expenses arising or resulting from, any and all third party claims and all liabilities, assessments, actions, causes of action (regardless of the form), losses, damages, awards, judgments, fines, costs, expenses, and attorneys' fees resulting from or arising out of:
any breach by you of these Terms of Use;
your infringement or violation of any rights of any third party, including but not limited to other users of the Affiliate Network; and
misuse of the Affiliate Network by a third party where such misuse was made possible due to your failure to take reasonable measures to protect your username and password against misuse.
The Operator reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event you will cooperate with the Operator in asserting any available defenses.
This provision shall remain in full force and effect notwithstanding any termination of your use of the Affiliate Network.
WAIVER
By using the Affiliate Network and accepting these Terms of Use, to the maximum extent available under any applicable law you hereby waive and agree to release and hold harmless the Operator, its subsidiaries, affiliates, licensors, website providers, content providers, employees, officers, directors, and agents and any other appropriate party from any and all claims resulting from any action taken from the Operator, its subsidiaries, affiliates, licensors, website providers, content providers, employees, officers, directors, and agents and any other appropriate party during or as result of investigations with respect to your access and use of the Affiliate Network or any part or portion thereof, and from any and all actions taken as a result of such investigations by the Operator, its subsidiaries, affiliates, licensors, website providers, content providers, employees, officers, directors, and agents and any other appropriate party, including but not limited to any law enforcement authorities.
JURISDICTIONS
The Affiliate Network and its contents are intended to comply with applicable laws and regulations of the Republic of Singapore. Although the Affiliate Network itself and the information available via the Affiliate Network may be accessible to users outside of the Republic of Singapore, the information on the Affiliate Network pertaining to the Operator is intended for use only by residents of the Republic of Singapore. Other countries may have laws, regulatory requirements and business practices that differ from those of the Republic of Singapore. The Affiliate Network may link to other sites produced by the Operator's operating divisions and subsidiaries, some of which are located or hosted or intended to be accessed and used outside the Republic of Singapore. Those sites may have information that is appropriate only to that particular originating country. The Operator reserves the right to limit provision of the Affiliate Network to any person, geographic region or jurisdiction. Any offer for any product or service made via this Affiliate Network is void where prohibited.
APPLICABLE LAW
Except where prohibited by applicable law or provided otherwise herein, these Terms of Use shall be governed by the laws of the Republic of Singapore without regard to its conflict of law provisions.
DISPUTE RESOLUTION
You and the Operator agree to submit to the exclusive jurisdiction of the competent courts in the Republic of Singapore to resolve any legal matters arising from these Terms of Use or relating to your access and use of the Affiliate Network. This provision shall remain in full force and effect notwithstanding any termination of your use of the Affiliate Network. The failure of the Operator to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. To the maximum extent allowed under any applicable laws you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Affiliate Network or these Terms must be filed within 1 (One) year after any such claim or cause of action arose or be forever barred. This provision shall remain in full force and effect notwithstanding any termination of your use of the Affiliate Network.
INJUNCTIVE RELIEF
You acknowledge that the Operator may suffer irreparable damage if you breach any of the provisions of these Terms of Use. Therefore, notwithstanding provisions of the "Binding Arbitration" section of these Terms of Use, in any case of your violation of these Terms of Use the Operator shall be entitled to apply for injunctive relief and/or a decree for specific performance and such other and further relief as may be appropriate in any jurisdiction.
SEVERABILITY
If any part of these Terms of Use is determined by a court of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
CHANGES TO TERMS OF USE
To the fullest extent permitted under applicable law, the Operator reserves the right to modify, update, supplement, revise or otherwise change these Terms of Use in order to comply with applicable new legislation and/or regulations and/or to improve the Affiliate Network, and to impose new or additional rules, policies, terms or conditions in relation to the Affiliate Network, from time to time with or without notice to You. The Operator may notify You of the amendments to these Terms of Use by sending an email message to your email address listed in your Personal Account information or by posting the notice on the Affiliate Network. All amendments to these Terms of Use will be effective immediately and incorporated into the Terms of Use upon sending or posting of such notice.
You are responsible for regularly reviewing these Terms of Use. Your use of the Affiliate Network or any part thereof after any changes to these Terms of Use are posted on the Affiliate Network or otherwise made available for review will be considered acceptance of those changes and will constitute your agreement to be bound thereby. If you object to any such changes, your sole recourse will be to terminate your account and stop using the Affiliate Network.
NO RIGHT OF FUTURE ACCESS
These Terms of Use do not grant You any rights with respect to your future access to the Affiliate Network. Thus, the Operator may, at its sole discretion and at any time, discontinue the Affiliate Network or any parts thereof or limit or restrict any user access thereto, for any reason, with or without notice. You understand and agree that the Operator may take any one or more of these actions without any notice to You, prior or otherwise, and You understand and agree that neither the Operator nor any of its affiliates shall have any liability to You or to any other person for any termination of your or anyone else's access to the Affiliate Network or parts thereof.
CHANGE OF OWNERSHIP
You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Affiliate Network, of any information about You, including your registration details and personal data, contained in the applicable database used by the Affiliate Network, to the extent the Operator assigns its rights and obligations regarding such information in connection with a merger, acquisition, or sale of all or some of the Operator's assets, or in connection with a merger, acquisition or sale of all or some assets related to the Affiliate Network, to a subsequent owner or operator. In the event of such a merger, acquisition, or sale, your continued use of the Affiliate Network signifies your agreement to be bound by the terms of use and privacy statement of the Affiliate Network subsequent owner or operator. This provision shall remain in full force and effect notwithstanding any termination of your use of the Affiliate Network.
MISCELLANEOUS
The terms set forth in these Terms of Use are fundamental elements of the basis of the agreement between the Operator and You, and You expressly acknowledge and agree that the Operator would not be able to provide the Affiliate Network and its functionality to You without the limitations and restrictions set forth herein. These Terms of Use, including all documents comprising the Terms of Use or referenced herein, constitute the entire agreement between You and the Operator, and supersede any prior agreement between You and the Operator with respect to your access and use of the Affiliate Network. The Operator will not be liable or responsible for any failure to fulfill any of its obligations under these Terms of Use which failure is due to any cause or condition beyond the reasonable control of the Operator.
The provisions of these Terms of Use that are intended to or by their nature should survive termination of your use of the Affiliate Network shall remain valid after any such termination.
You agree that You are not considered, and shall not represent yourself as, an agent, employee, joint venturer, or partner of the Operator.
You may not assign these Terms of Use in whole or in part, and any attempted assignment in violation of this provision shall be null and void. The Operator may assign these Terms of Use or any of its rights and obligations under these Terms of Use without your consent at any time.
No waiver of any default, condition or breach of these Terms of Use shall constitute a waiver of any other default, condition or breach of these Terms of Use, whether of a similar nature or otherwise.
You must supply all necessary facilities, utilities and equipment necessary to access and use the Affiliate Network, including but not limited to appropriate computer and/or mobile equipment and Internet connections, at your sole risk and expense.
In no event shall the Operator be liable for any failure of performance resulting from causes beyond the reasonable control of the Operator, including without limitation: acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.
These Terms of Use constitute the entire agreement between You and the Operator relating to the subject matter hereof. Notwithstanding the foregoing, any additional terms and conditions expressly contained on or made available via the Affiliate Network at any moment will govern the items, functionality, services or other items to which they pertain.
CONTACTS
If you have any comments or questions concerning your access and/or use of the Affiliate Network, please contact the Operator using the following contact details: info@OliMob.com
The Website is available only to individuals who are at least 18 years old.