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WHO WE ARE

Minority owned Businesses LLC, of Oklahoma (MOB)

Our website address is: https://mobforyou.org

  1. This MINORITY OWNED BUSINESSES LLC CLIENT CONTRACT (the “Agreement”) constitutes a legally binding agreement between Minority Owned Businesses LLC, an Oklahoma corporation (Mobforyou) and you (“You”or “Your”). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH CLICKBANK, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH MOBFORYOU MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE MOBFORYOU SERVICES.

Subject to the terms and conditions of this Agreement, Mobforyou hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use Mobforyou proprietary online platform, including without limitation the website located at http://www.mobforyou.org any services offered on or through such website, and any servers, computers or networks used to provide such website (the “Mobforyou Services”) for the purposes set forth in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, you shall ensure that any purchasers or assignees are bound by the terms of this Agreement.

In addition to any other rights or remedies afforded Mobforyou under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:

  • Vendor and Products Requirements Policy
  • Digital Millennium Copyright Act (“DMCA”) and Trademark Policy
  • Return and Cancellation Policy
  • Accounting Policy
  • Privacy Policy
  • Security Policy
  • Network Abuse Policy
  • Legal Notice
  • Joint Venture Program Guidelines

 REGISTRATION

    1. You will be required to register for an account in order to use certain Mobforyou Services. When You provide information during the registration process, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy.
    2. If you register for a Mobforyou account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Mobforyou Services using Your account information in whole or in part. Mobforyou reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.
  1. BUSINESS LISTING IN DIRECTORY
    1. Business ownership must be owned by at least 51% minority members. Minority members are United States citizens who are Black, Hispanic, Asian and Native American. “What is MBE?” National Minority Supplier Development Council, https://nmsdc.org/mbes/what-is-an-mbe/
    2. We do not allow multi-level marketing businesses, non-minority owned businesses, businesses that are not registered with a secretary of state, or other business directories. Listings may not contain profane language, offensive language, or nudity.
    3. We reserve the right to deny and/or remove any listing that does not adhere to our policies.
  2. PROMOTING PRODUCTS.If You promote, market or otherwise advertise (“Promote” or a “Promotion”) any product which is registered for sale via the  Mobforyou by You or by another ClickBank client (each a “Product”), whether via the Mobforyou Services or via any other online or offline channel or medium for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion (“Commissions”), You agree, acknowledge, represent and warrant that:
    • You will abide by Mobforyou Return and Cancellation Policyand You will establish Your Vendor Return Policy as set forth below.
    • When You Promote a Product, You will use the applicable Vendor’s trademarks, logos, trade names or service marks in accordance with such Vendor’s trademark guidelines, which will either be supplied by Mobforyou or set forth in the Vendor Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, “Vendor” is defined as any person or entity that submits one or more Products for sale via the Mobforyou Marketplace.
    • You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively “IP Rights”) of any entity or individual.
    • You will not interfere with or manipulate rankings of Mobforyou Marketplace (as defined below in Section 4(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the Mobforyou Services.
    • If You Promote Products or Brands in a high-risk industry, You must be in compliance with Mobforyou Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.
    • You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.
    • You will not Promote any Products or services to children under the age of thirteen (13).
    • You will not defame any person.
    • You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.
    • You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.
    • You will not in any way copy the “look and feel” of any third party website, or otherwise imply that the Promotion is in fact a third party website.
    • All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner, and will otherwise comply with Your country’s laws and all U.S. federal and state laws, including U.S.Federal Trade Commission(“FTC”) regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC’s Endorsement Guidelines.
    • Mobforyou reserves the right but is not obligated to review Your Promotions. You agree that Mobforyou, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.
    • You will provide valid contact information, including but not limited to a working email address and phone number, where Mobforyou can send inquiries and receive a non-automated reply by end of the following business day.
    • Mobforyou does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by Vendors, nor is it responsible for any bonuses, prizes or other incentives offered by Vendors in the “Vendor Spotlight,” as described in this Agreement, or otherwise offered by Vendors via the Mobforyou Services. Your use of any information presented by a Vendor is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that Mobforyou does not verify statements, claims, incentives or Promotions made by Vendors in the Vendor Spotlight or otherwise made by Vendors via the Mobforyou Services.
  3. SELLING PRODUCTS.If You register any Products for sale via the Mobforyou Services, You agree, acknowledge, represent and warrant that:
    • All Products You register for sale via the Mobforyou Services must be approved by Mobforyou prior to You being able to sell the Products through the Mobforyou Services. In certain circumstances, Mobforyou may require You to modify your Products prior to being approved or prohibit your Products from being sold via the Mobforyou Services, in Mobforyou sole discretion.
    • All Products You register for sale via the Mobforyou Services, and the offering and sale thereof via the Mobforyou Services, comply with all of Your country’s laws and all applicable U.S. federal and state laws and regulations.
    • Your Products do not involve downloading software on the computer of a person or entity purchasing a Product (the “Purchaser”) unless a purchase is completed or You provide the Purchaser a clear and conspicuous disclosure describing all of the software being downloaded, its functionality and You obtain express consent prior to any such downloads.
    • Without further conditions or limitations, You authorize Mobforyou to list any Product You register for sale via the Mobforyou Services in the online, searchable marketplace of Products made available via the Mobforyou Services (the Mobforyou Marketplace”); and make it available for sale to Purchasers and/or for the persons and/or entities that Promote the Products made available via the Mobforyou Marketplace (“Affiliates”) at the price designated by Mobforyou (“Retail Price”) after taking into consideration Your suggestions regarding such Retail Price, including any applicable sales tax.
    • You will provide valid email addresses to which Purchasers or Mobforyou can send inquiries and receive a reply by end of the following business day. Purchasers and Mobforyou must also be able to receive a non-automated response within one business day, when necessary.
    • You will notify Mobforyou of any regulatory or legal complaints, or threats of such complaints, that You receive in connection with or in relation to a Product within two business days of Your receipt of such complaint. You shall assist Mobforyou, at Your sole cost and expense, in taking any necessary or appropriate actions reasonably requested by Mobforyou to respond to and/or resolve such complaints.
    • Mobforyou will collect and remit state or local transfer taxes for any retail transaction (including but not limited to sales or use tax) where it is legally required to do so. Where Mobforyou does not collect and remit state or local transfer taxes on a transaction, You may have the legal obligation to pay such taxes. Such obligation may arise as a result of Your existing or past physical contacts with a state (including but not limited to Your provision of a “drop ship” delivery of the physical Product to a buyer located in a state). You may wish to consult a tax professional to determine if You will have this type of obligation in any particular state. You agree that if such an obligation arises with respect to any particular state, You will be solely responsible for the timely payment of such tax and any interest or penalties.
    • If You use the Vendor Spotlight platform or the Mobforyou Services to communicate with Affiliates about Your Products, You agree that all statements or messages communicated by You via the Vendor Spotlight or Mobforyou Services constitute Promotions under this Agreement and are subject to all applicable terms and obligations thereto. Additionally, and without limiting any other restriction contained herein, You will not use the Vendor Spotlight or Mobforyou Services to: (i) make any false or deceptive statement or claim regarding Your Product or sales of Your Product; (ii) offer any Promotions or incentives to Affiliates unless You intend to fulfill such Promotions or incentives; (iii) offer any Promotions or incentives to Affiliates unless You affirmatively state that they are offered only by You and not by Mobforyou; or (iv) suggest in any way, whether express or implied, that Your Product(s) are endorsed, approved or sponsored by Mobforyou in any way. Mobforyou reserves the right to suspend Your ability to use the Vendor Spotlight or Mobforyou Services at any time.
    • If and to the extent You use third parties to provide Products or Services, You and such third parties must be in compliance with all terms of this Agreement, and You are responsible for all acts and omissions of such third party.
    • You will establish an appropriate return, replacement and/or cancellation policy for Your Products (“Vendor Return Policy”). Your Vendor Return Policy must fall within the range of “no refunds” to allowing refunds or replacements up to sixty (60) days after the date of purchase (e., a 30-day refund policy or a 45-day refund policy would each be acceptable, if appropriate). If You believe that a Vendor Return Policy longer than sixty (60) days after the date of purchase is appropriate for Your Products, Mobforyou will review such a request, and in its sole discretion, may allow an extended Vendor Return Policy. You can only provide such an extended Vendor Return Policy with Mobforyou written consent.

You will ensure that the Vendor Return Policy is clearly and conspicuously posted for customers to review prior to purchasing Your Products.

Mobforyou reserves the right to alter or override Your Vendor Return Policy if You abuse Mobforyou flexible Return and Cancellation Policy, if Your Vendor Return Policy is not appropriate for the Product(s), if the charged back sales (defined in the Accounting Policy) are excessive, or for any other reason Mobforyou deems appropriate, in its sole discretion.

  1. AVAILABILITY OF SERVICES; SUSPENSION; TERMINATION.You agree and acknowledge that:
    • Subject to the terms and conditions of this Agreement and Mobforyou policies and procedures, Mobforyou shall use commercially reasonable efforts to provide the Mobforyou Services in a manner that will not disrupt Your business. You acknowledge and agree that from time-to-time the Mobforyou Services may be inaccessible or inoperable for reasons including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that Mobforyou may undertake from time to time; or (iii) causes beyond the reasonable control of Mobforyou or that are reasonably unforeseeable by Mobforyou, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that Mobforyou is not liable for these periodic interruptions in availability of the Mobforyou Services and further acknowledge that Mobforyou does not guarantee access to the Mobforyou Services on a continuous and uninterrupted basis.
    • Mobforyou may decline, delist or halt sales or Promotion of any Product from the Mobforyou Mobforyou Marketplace, suspend funds, adjust Commissions based on performance, close an account, and/or suspend or terminate the Mobforyou Services at any time, in its sole discretion, without cause or notice to You or any penalty or liability for doing so.
    • Mobforyou, in its sole discretion, may suspend or terminate Your account(s), or retain any or all funds in Your account, if Mobforyou suspects or has reason to believe and/or if a person otherwise claims that You have violated the law or breached any term of this Agreement. In addition to the foregoing, and all other rights and remedies available to Mobforyou at law or in equity and notwithstanding anything in the Agreement to the contrary, in the event You breach any term of this Agreement, or Your account becomes dormant as defined in our Accounting Policy and/or has a negative balance, Mobforyou will have the right to immediately suspend or terminate Your Account and Your rights to access, use and/or otherwise participate in the Mobforyou Services. Upon such termination, You agree to immediately cease all use of the Mobforyou Services and Mobforyou intellectual property licensed in Section 8(b) of this Agreement. Without limiting the foregoing, Mobforyou shall have the right to immediately terminate Your access and use of the Mobforyou Services, or any portion thereof, in the event of any conduct which Mobforyou, in its sole discretion, considers to be unacceptable.
    • Following suspension or termination of an account or retaining of funds pursuant to this Section 5, Mobforyou will review Your account in a manner determined by Mobforyou in its sole discretion. You agree to cooperate with this review if asked. If the review concludes that there is a reasonable basis to believe misconduct has occurred, You agree that Mobforyou may retain funds in Your account Mobforyou liquidated damages and/or for the benefit of Mobforyou or third parties affected by the misconduct. You acknowledge and agree that such liquidated damages: (a) are not a penalty, and (b) are reasonable and not disproportionate to such presumed damages to Mobforyou.
    • Mobforyou may temporarily withhold any portion of the funds in Your Mobforyou account if Mobforyou, in its sole discretion, determines such action is necessary to secure payment for, performance of, and/or assurances regarding any liabilities, obligations, or indebtedness You may have incurred with Mobforyou or any other Person.
  2. EMAIL, TEXT MESSAGES AND TELEMARKETING.
    • If You send, or cause to be sent any emails in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the Mobforyou Services, then You agree, acknowledge, represent and warrant that all such Emails shall be in compliance with all applicable federal and state laws and regulations regarding the use of electronic messages, including without limitation the Controlling the Assault of Non-Solicited Pornography and Marketing Act (“CAN-SPAM Act”) and the Children’s Online Privacy Protection Act (“COPPA”) (Information on these laws can be found at http://www.ftc.gov/spam/andhttp://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
    • You shall not directly or indirectly exploit documented or undocumented security holes on any client or server machine, or obtain email addresses via automated means or send any email to any address which was obtained via automated means or the use of spyware, viruses, or other means of bypassing system security or invading consumer privacy.
    • You may not, directly or indirectly, send, initiate or procure the sending of any text message, or use or procure the use of any telemarketing activities, to Promote or sell Products, unless You have received prior written approval from Mobforyou. If You receive such approval and You send, or cause to be sent, any text messages or use or procure telemarketing activities in connection with the direct or indirect Promotion or sale of any Product and/or Your use of the Mobforyou Services, then You represent and warrant that all such text messages or calls will be in full-compliance with all applicable federal and state laws and regulations that apply to sending electronic messages and using telemarketing activities, including without limitation regulations issued by the FTC, the Federal Communications Commission (“FCC”), the CAN-SPAM Act, the Telephone Consumer Protection Act (“TCPA”) and state laws regarding anti-spam, text messages and Do-Not-Call Registries (Information on these laws can be found at http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf,http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email, andhttp://www.ftc.gov/privacy/privacyinitiatives/childrens.html).
  3. API REQUIREMENTS.Your use of Mobforyou Application Programming Interface (“API”) is subject to the API Terms of Service available at http://accounts.mobforyou.org/api_terms.html.
  1. CLICKBANK’S IP RIGHTS.
    • Except as set forth in Section 8(b) below, You may not use Mobforyou name, trademarks, service marks or any other IP Right of Mobforyou in any manner whatsoever to suggest association or affiliation with or endorsement by Mobforyou without the express prior written consent of Mobforyou, which Mobforyou may withhold at its sole discretion. Promotional use of images or reproductions of payment checks issued by Mobforyou without the express, written consent of Mobforyou is prohibited.
    • Subject to the following terms and conditions, during the term of this Agreement Mobforyou grants You a limited, revocable license to use Mobforyou name: (i) as a watermark, Internet search engine description, keyword, search term or seeding element with any Internet search engines or keyword-triggered advertising programs; (ii) in metatags or hidden text (iii) as a sub domain or second or third level domain name identifier; (iv) to identify Products or (v) in connection with Promotions.

       

      1. Mobforyou may revoke the foregoing license and/or provide restrictions upon Your use of Mobforyou name, including requiring the use of such disclaimers as Mobforyou may provide, in connection with Your use of Mobforyou name, at anytime and for any reason in Mobforyou sole discretion.
      2. Failure to comply with any restrictions imposed by Mobforyou upon Your use of Mobforyou name or failure by You to immediately cease all use of Mobforyou name if so instructed by Mobforyou shall constitute (1) a breach of the limited license set forth in this Section 8(b); and (2) a breach of this Agreement. In such case, Mobforyou reserves the right to pursue any and all remedies available to it at law or in equity.
      3. You may not use or display Mobforyou name in any manner to disparage Mobforyou or the Mobforyou Services.
    • Notwithstanding the limited revocable license set forth in Section 8(b) above, as between the parties, Mobforyou shall be and remain the sole owner of all right, title and interest in and to the Mobforyou Services (including, without limitation, all IP Rights therein) and any other IP Rights, materials or other properties owned, licensed or controlled by Mobforyou, and You hereby assign to Mobforyou all right, title and interest You may be deemed to have therein. All rights not specifically granted to You under this Agreement are expressly reserved by Mobforyou.
  2. CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.
    • In connection with this Agreement, Mobforyou may disclose to You and/or You may otherwise receive or have access to sensitive, confidential, and/or proprietary information of Mobforyou (collectively, “Confidential Information”), including, but not limited to (a) the identities of other Vendors or Affiliates of Mobforyou (collectively, “Mobforyou Clients”); (b) physical and data security information; (c) technical data; (d) Mobforyou Marketplace statistics and sales data; and/or (e) know-how or business information relating to business processes, methods, or marketing strategies. Except as required to perform Your obligations under and in accordance with the terms of this Agreement, You shall not (i) disclose the Confidential Information to any Person, or (ii) use the Confidential Information (whether for Your own benefit or the benefit of any other Person), without the express prior written consent of Mobforyou You may not use any Confidential Information for the purpose of soliciting, or to permit others to solicit, Mobforyou Clients to subscribe to any other services or promote the sale of any products which compete, either directly or indirectly, with Mobforyou or the Mobforyou Services, including without limitation the functionality offered by the Mobforyou Marketplace. You agree and acknowledge that Mobforyou may be required to provide to governmental agencies or other third parties information in its possession regarding You or the business You conduct with Mobforyou.
    • Mobforyou does not invite and cannot accept any ideas or information You consider to be confidential and/or proprietary. Except with respect to Your personally identifiable information (as expressly provided for in the Mobforyou Privacy Policy, any suggestions, submissions, comments, ideas, concepts, know-how, techniques material or feedback conveyed, offered or transmitted by You to Mobforyou, or otherwise in connection with the Mobforyou Services (collectively, the “Submissions”), shall be deemed to be non-confidential and non-proprietary and Mobforyou shall have no obligation of any kind with respect to such Submissions, unless otherwise expressly agreed to in a writing executed by You and a duly authorized officer of Mobforyou. You hereby grant Mobforyou sees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free, transferable right and license, with right to sublicense, to reproduce, publicly display, distribute, perform, transmit, edit, modify, create derivatives works of, publish, sell, commercially exploit, use, and disclose the Submissions for any purpose and in all forms and all media whether now known or to become known in the future. Mobforyou shall have no obligation to compensate You for any such Submissions in any manner. You hereby represent and warrant that: (a) You own or otherwise have the right to grant the foregoing license to Mobforyou with respect to Your Submissions; and (b) Your Submissions and any use thereof by Mobforyou will not infringe or violate the rights of any Person. You are and shall remain solely responsible for the content of any Submissions You make and acknowledge that Mobforyou is under no obligation to respond to or use any Submission You may provide.
  3. EXPORT CONTROL.You acknowledge and agree to comply with all applicable export Laws, including the U.S. Export Administration Act, the Arms Export Control Act, the International Economic Emergency Powers Act, and the Foreign Corrupt Practices Act; and regulations issued pursuant to these and other U.S. Laws. You hereby represent and warrant that any Product Promoted, offered and/or provided by You via the Mobforyou Services is approved for export from the United States without additional authorization or licensing from the U.S. government. Should the export authorization status of Your Products change, You must immediately notify Mobforyou in writing. Information on U.S. export control regulations can be found on the Commerce Department’s website at http://www.bis.doc.gov, the State Department’s website at http://www.pmddtc.state.gov and the U.S. Treasury Department’s website athttp://www.treas.gov/offices/enforcement/ofac/index.shtml.
  4. REQUIRED PERMITS.It is your sole responsibility to obtain and maintain all applicable licenses and permits required for the operation of Your business.
  5. REPRESENTATIONS AND WARRANTIES.You represent, acknowledge and warrant that:
    • You, Your Products Your Promotions, and/or Your Submissions, as applicable, do not and will not, directly or indirectly: (i) violate the right of privacy or publicity of any Person; (ii) contain any libelous, obscene, indecent or otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or otherwise contravene any rights of any Person; (iv) violate any laws, FTC rules, regulations, guidelines, or industry standards; or (v) violate Mobforyou Privacy Policy.
    • You may not: (i) frame, copy or mirror any content forming part of the Mobforyou Services; (ii) reverse engineer Mobofryou or otherwise attempt to derive its source materials; (iii) access the Mobforyou for the purpose of (A) building a competitive product or service, or (B) copy any features, functions or graphics of Mobforyou (iv) interfere with or disrupt the Mobforyou Services or any data contained therein; (v) attempt to gain unauthorized access to the Mobforyou related systems or networks; or (vi) use the Mobforyou Services for any unlawful purpose or in violation of the rights of any Person.
  6. To the fullest extent permitted by Law, You agree that
    • In the event a third party makes any demand or complaint, or commences any action or files any claim whatsoever (“Claim”) in connection with Your use of the Mobforyou Services, Your Products, Your Promotions or use of the Vendor Spotlight, You shall defend, indemnify and hold harmless Mobforyou, its related parties and affiliates, and its officers, directors, employees, representatives, agents, licensors, attorneys, heirs, successors, and assignees (the “Mobforyou Parties”), from and against any and all damages, liabilities, claims or costs (including the costs of investigation, defense, reasonable attorneys’ fees and costs) (“Losses”) incurred by any Mobforyou a result of such Claim, regardless of whether such Losses are direct, incidental, consequential, punitive or statutory.
    • Upon receiving notice of a Claim for which Mobforyou is entitled to indemnification by You, Mobforyou shall provide You with written notification and the opportunity to assume sole control over the defense or settlement of the Claim and reasonable assistance to settle and/or defend the Claim at Your sole expense; provided, however, that (i) any settlement which would impose a non-monetary obligation on and/or admission or finding of liability or wrongdoing by Mobforyou will require Mobforyou prior written consent; (ii) the failure to provide timely notice, control, or assistance shall not relieve You of Your indemnification obligations; and (iii) Mobforyou may have its own counsel present at and participating in all proceedings or negotiations relating to a Claim, at Mobforyou own expense, unless You fail or refuse to secure legal counsel to defend any Claim in a timely manner, in which case You shall pay all expenses related to Mobforyou use of such counsel.
    • In the event that Mobforyou incurs costs, attorneys’ fees or other expenses responding to any complaint other than a Claim, in connection with or in relation to Your Products or Promotions, including copyright infringement complaints under the DMCA, Mobforyou reserves the right, in its sole discretion, to recover such costs and expenses by deducting a reasonable, commensurate amount from any monies owed to You by Mobforyou up to a maximum of ten thousand dollars ($10,000) per event. In the event that Mobforyou incurs any Losses relating to Your violation of Mobforyou Email/Text Message/Telemarketing policy, as set forth in Section 6 above, Mobforyou reserves the right, in its sole discretion, first to recover such Losses by deducting a reasonable, commensurate amount from any monies owed to You by Mobforyou up to a maximum of twenty thousand dollars ($20,000) per event. You understand and agree that the remedies set forth above are not exhaustive and that Mobforyou retains all rights to indemnification described herein. You authorize Mobforyou to make, and release Mobforyou from any liability in connection with, any such deductions.
  7. LIMITATION OF LIABILITY.IN NO EVENT SHALL ANY CLICKBANK PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT AND/OR ANY (A) USE OF OR INABILITY TO USE THE CLICKBANK SERVICES, (B) PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND, RESULTING FROM YOUR ACCESS TO AND/OR USE OF THE CLICKBANK SERVICES, (C) UNAUTHORIZED ACCESS TO OR USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CLICKBANK SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE CLICKBANK SERVICES, WHETHER OR NOT CLICKBANK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF CLICKBANK FOR ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY CLICKBANK TO YOU UNDER THIS AGREEMENT FOR THE MONTH IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE CLICKBANK SERVICES, AND ANY SERVICES OR INFORMATION OFFERED THROUGH THE CLICKBANK SERVICES, WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF CLICKBANK SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
  8. NO GUARANTEE OF VALIDITY.Mobforyou does not endorse, approve, or certify any information provided on or through the Mobforyou Services, nor does it guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Information provided on or through the Mobforyou Services may or may not be current as of the date of Your access, and Mobforyou has no duty to update and maintain such information. Additionally, the information provided on or through the Mobforyou Services may be changed periodically without prior notice. All content provided on or through the Mobforyou Services is provided “AS IS.” Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.
  9. NO PROFESSIONAL ADVICE.Mobforyou provides professional information (for example, financial or compliance) for informational purposes only, which should not be construed as legal or accounting advice. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable area before acting upon any information, fact or opinion provided on or through the Mobforyou Services. You understand that Mobforyou employees, representatives, and/or agents do not provide advice pursuant to the authority of professional certifications or licenses and You will not treat information provided by our employees, representatives, and/or agents as such. You further understand that by receiving information, facts or opinions on or through the Mobforyou Services, You are not entering into a relationship with Mobforyou or its employees, representatives and/or agents that entitles You to client privileges that may be associated with any professional certifications or licenses.
  10. YOU ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE CLICKBANK SERVICES. THE CLICKBANK SERVICES AND ALL RELATED SERVICES ARE OFFERED “AS IS” AND CLICKBANK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER CLICKBANK NOR ITS RELATED PARTIES AND AFFILIATES ENDORSE OR ARE RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION, FACT OR OPINION PROVIDED ON OR THROUGH THE CLICKBANK SERVICES.
  11. GENERAL TERMS AND CONDITIONS.
    • Governing Law; Dispute Resolution, Attorneys’ Fees.You agree that Idaho law will govern this Agreement and that any action, suit, proceeding, or claim arising out of or related to this Agreement must be brought exclusively in federal or state courts located in Boise, Idaho. You hereby submit to the in personam jurisdiction and venue of such courts and waive any objection based on inconvenient forum. You agree to indemnify Mobforyou for all of its reasonable attorneys’ fees and costs incurred as a result of any action, suit, proceeding or claim brought by You or Mobforyou in which Mobforyou is found to be the prevailing party. YOU HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
    • English is Governing Language. This Agreement is in English and all disputes between the parties shall be resolved in English. You understand and acknowledge that any foreign language services provided by Mobforyou are for informational purposes only and it is Your obligation to obtain independent legal advice at Your own expense to ensure You understand the terms of this Agreement.
    • Our Relationship. This Agreement does not create any relationship of principal and agent, partners, joint venturers, employer and employee, fiduciary or similar relationship between the parties. You are prohibited from making any promise, warranty or representation on behalf of Mobforyou or obligating Mobforyou in any way. You may not represent to any person that You are the agent of Mobforyou, or are authorized to act on its behalf.
    • Assignment. Mobforyou may freely assign or transfer any or all of the rights and obligations described in this Agreement. You may not assign this Agreement or any of Your rights and duties hereunder without the prior written consent of Mobforyou. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.
    • Severability. If any provision of this Agreement is determined by a court to be unenforceable or invalid, the validity of the remaining parts, terms or provisions shall not be affected by that determination, and such court shall substitute a provision that is legal and enforceable and is as close to the intentions underlying the original provision as possible.
    • Publicity. You may not issue or make any publicity release (including press releases and advertising or solicitation materials) or other public statement: (i) relating to this Agreement; (ii) using Mobforyou name or referencing the Mobforyou Services; or (iii) suggesting or implying any endorsement by Mobforyou of You and/or any Products without the prior written approval of Mobforyou, which Mobforyou may withhold in its sole discretion.
    • Entire Agreement; Amendment. This Agreement constitutes the complete and exclusive agreement between the parties relating to the subject matter hereof. It supersedes all prior proposals, understandings and all other agreements, oral and written, between the parties relating to this subject matter. Mobforyou reserves the right to amend this Agreement at any time. When Mobforyou amends this Agreement, Mobforyou shall make reasonable efforts to provide You with general, not specific, notice of such changes by posting a conspicuous announcement at http://www.mobforyou.org that such changes or amendments have occurred and identifying which particular provisions have changed. Such announcement shall be maintained for no less than 30 days following the effective date of such amendment. Your continued use of the ClickBank Services, following the posting of such amendment will signify and be deemed Your assent to and acceptance of the revised Agreement. You agree that You have the burden to review periodically http://www.mobforyou.org  to inform Yourself of any such changes.
    • Waiver. The waiver or failure by Mobforyou to exercise any right provided for herein will not be deemed a waiver of any further right hereunder. The rights and remedies of Mobforyou set forth in this Agreement are cumulative and are in addition to any rights or remedies Mobforyou may otherwise have at law or equity, except with respect to any sole and exclusive remedies expressly provided for herein.
    • Equitable Actions. You acknowledge and agree that any breach or threatened breach of this Agreement may cause immediate and irreparable harm to Mobforyou which would not be adequately compensated by monetary damages and that Mobforyou may seek injunctive relief, specific performance, and/or other equitable relief as a remedy for any such breach or anticipated breach without the necessity of posting a bond or other security. Notwithstanding any other provision of this Agreement, any such relief may be sought in the state or federal courts of the State of Idaho or any other court of competent jurisdiction anywhere in the world (at Mobforyou sole discretion), and, You hereby consent to the jurisdiction of any such court and waive any objection to venue laid therein. Any such relief shall be in addition to and not in lieu of any appropriate relief in the way of monetary damages.
    • Force Majeure. You nor Mobforyou shall be responsible for delays or failures in performance resulting from acts of God, strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts, changes in governmental regulations, epidemics, fire, communication line failures, power failures, earthquakes, other disasters or any other reason where failure to perform is beyond the control of, and not caused by, the non-performing party.
    • Notices. Any notice, request, approval, authorization, consent, demand or other communication required or permitted pursuant to this Agreement shall be in writing and shall be deemed given Mobforyou if sent via email, as date stamped M (iii) on the Mobforyou day following dispatch if sent by express mail (or similar next day air courier service); or (iv) on the sixth (6th) day after mailing by registered or certified United States mail, return receipt requested, postage prepaid and addressed to the last address provided by a party.
    • Headings/Interpretation. The section headings are for convenience only and shall not control or affect the meaning or construction of any provision of this Agreement.
    • Survival. Sections 5, 8, 9, 10, 12, 13, 14, 15, 16, 17 and 18 shall survive termination of this Agreement.