Terms of Service
Last Updated: 06/22/2022
Please read these Terms of Service (the “Terms”) and our Privacy
Notice (
https://www.superfiliate.com/legal/privacy
) (“Privacy Notice”) carefully because they govern your use of the
website located at
https://www.superfiliate.com/
(the “Site”) and the related affiliate marketing services for Brands
and Creators (each as defined below) offered by Superfiliate, Inc.
(“Superfiliate”). To make these Terms easier to read, the Site and our
services are collectively called the “Services.”
IMPORTANT NOTICE REGARDING ARBITRATION FOR U.S. CUSTOMERS: WHEN
YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION)
TO RESOLVE ANY DISPUTE BETWEEN YOU AND SUPERFILIATE THROUGH
BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE
REVIEW CAREFULLY SECTION 16 “DISPUTE RESOLUTION FOR INDIVIDUALS”
AND SECTION 17 “DISPUTE RESOLUTION FOR ENTITIES” BELOW FOR DETAILS
REGARDING ARBITRATION.
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Agreement to Terms.
By using our Services, you agree to be bound by these Terms. If
you don’t agree to be bound by these Terms, do not use the
Services. If you are accessing and using the Services on behalf of
a company (such as your employer) or other legal entity, you
represent and warrant that you have the authority to bind that
entity to these Terms. In that case, “you” and “your” will refer
to that entity.
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Privacy Notice.
Please review our Privacy Notice, which also governs your use of
the Services, for information on how we collect, use and share
personal information.
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Changes to these Terms or the Services.
We may update the Terms from time to time at our sole discretion.
If we do, we’ll let you know by posting the updated Terms on the
Site and/or may also send other communications. It’s important
that you review the Terms whenever we update them or you use the
Services. If you continue to use the Services after we have posted
updated Terms it means that you accept and agree to the changes.
If you don’t agree to be bound by the changes, you may not use the
Services anymore. Because our Services are evolving over time we
may change or discontinue all or any part of the Services, at any
time and without notice, at our sole discretion.
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Who May Use the Services?
(a) Overview of the Services. Superfiliate provides e-commerce merchants (“Brands”) with an affiliate marketing platform which allows Brands to work
with select creators, influencers, and other third parties (“Creators”) to help the Creator promote the Brand’s products and services.
Superfiliate and the Services act only as an intermediary to
facilitate – and not to direct or control – any partnerships,
communications, and transactions among the Brands and Creators. The
Brand and Creator relationship, including any compensation obligations
the Brand may have to a Creator, is governed by a separate agreement
between the Brand and its applicable Creator(s). Superfiliate is not a
party to any relationship or separate agreement entered into between
or among the Brands and Creators and Superfiliate disclaims any and
all liability relating to any such agreement.
(b) Use of the Services. You may use the Services only if you are 18 years or older and
capable of forming a binding contract with Superfiliate, and not
otherwise barred from using the Services under applicable law.
Notwithstanding the foregoing, Brands determine which third parties
are eligible to be Brand Creators. If a Brand informs Superfiliate
that a third party is no longer eligible to be a Creator, Superfiliate
may suspend or terminate such party’s access to and use of the
Services, including suspending access to or terminating such party’s
account, at our sole discretion, at any time and without notice to
such party.
(c) Account Registration. For certain features of the Services you’ll need an account. It’s
important that you provide us with accurate, complete and current
account information and keep this information up to date. If you
don’t, we might have to suspend or terminate your account. To protect
your account, keep the account details and password confidential, and
notify us right away of any unauthorized use. You’re responsible for
all activities that occur under your account.
(d) Authorized Users. If you are a company or other legal entity, the Services may only
be accessed and used by your employees or contractors who have been
designated and authorized by you to be granted such access (each an
“Authorized User”) for the sole purpose of performing their job functions for you.
Each account for the Services may only be accessed and used by the
specific Authorized User for whom such account is created. The account
credentials are confidential and cannot be shared or used by more than
one person. You are responsible and liable for: (i) all actions taken
under an Authorized User’s credentials, whether or not such action was
taken or authorized by the Authorized User; and (ii) all uses of the
Services resulting from access provided by Superfiliate, directly or
indirectly, whether such access or use is permitted by or in violation
of these Terms.
(e) Compliance with Applicable Laws. You will comply with applicable laws.
(f) Advertising Guidelines. The Services may provide you with opportunities to advertise Brands
through affiliate links, referral links, and microsites. When you post
this information, you agree to comply with applicable advertising
laws, the
FTC’s
Endorsement
Guides, social media advertising guidelines, and any other advertising or
content guidelines that are applicable on the platforms where you
advertise.
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Feedback. We appreciate feedback, comments, ideas, proposals and
suggestions for improvements to the Services (“Feedback”). If you
choose to submit Feedback, you agree that we are free to use it
without any restriction or compensation to you.
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Your Content.
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Posting Content. Our Services may allow you to store or share content such
as text (in posts or communications with others), files,
documents, graphics, images, music, software, audio and video.
Anything (other than Feedback) that you post or otherwise make
available through the Services is referred to as “User Content”. Superfiliate does not claim any ownership rights in any
User Content and nothing in these Terms will be deemed to
restrict any rights that you may have to your User
Content.
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Permissions to Your User Content. By making any User Content available through the Services
you hereby grant to Superfiliate a non-exclusive,
transferable, worldwide, royalty-free license, with the right
to sublicense, to use, copy, modify, create derivative works
based upon, distribute, publicly display, and publicly perform
your User Content in connection with operating and providing
the Services.
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Your Responsibility for User Content. You are solely responsible for all your User Content. You
represent and warrant that you have (and will have) all rights
that are necessary to grant us the license rights in your User
Content under these Terms. You represent and warrant that
neither your User Content, nor your use and provision of your
User Content to be made available through the Services, nor
any use of your User Content by Superfiliate on or through the
Services will infringe, misappropriate or violate a third
party’s intellectual property rights, or rights of publicity
or privacy, or result in the violation of any applicable law
or regulation.
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Removal of User Content. You can remove your User Content by specifically deleting
it. You should know that in certain instances, some of your
User Content (such as posts or comments you make) may not be
completely removed and copies of your User Content may
continue to exist on the Services. To the maximum extent
permitted by law, we are not responsible or liable for the
removal or deletion of (or the failure to remove or delete)
any of your User Content.
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Superfiliate’s Intellectual Property. We may make available through the Services content that is
subject to intellectual property rights. We retain all rights
to that content.
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Fees and Payment.
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Payment Obligations. Each Brand is required to pay Superfiliate a subscription
fee (“Subscription”), and a transaction fee for each Covered Transaction, and
the Brand agrees to pay such fees. A “Covered Transaction” is (i) a transaction processed by or on behalf of the Brand
which is referred from a Creator’s Superfiliate microsite; or
(ii) a transaction processed by or on behalf of the Brand
where such transaction is processed with a Creator promotional
code provided by Superfiliate.
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General. Whether you purchase a Subscription or pay us Covered
Transaction Fees (each, a “Transaction”), you expressly authorize us (or our third-party payment
processor) to charge you for such Transaction. We may ask you
to supply additional information relevant to your Transaction,
including your credit card number, the expiration date of your
credit card and your email and postal addresses for billing
and notification (such information, “Payment Information”). You represent and warrant that you have the legal right
to use all payment method(s) represented by any such Payment
Information. When you initiate a Transaction, you authorize us
to provide your Payment Information to third parties so we can
complete your Transaction and to charge your payment method
for the type of Transaction you have selected (plus any
applicable taxes and other charges). You may need to provide
additional information to verify your identity before
completing your Transaction (such information is included
within the definition of Payment Information). By initiating a
Transaction, you agree to the pricing, payment and billing
policies applicable to such fees and charges, as posted or
otherwise communicated to you. All payments for Transactions
are non-refundable and non-transferable except as expressly
provided in these Terms. All fees and applicable taxes, if
any, are payable in United States dollars. If you fail to make
any payment when due, late charges will accrue at the rate of
1.5% per month or, if lower, the highest rate permitted by
applicable law and Superfiliate may suspend Services until all
payments are made in full. You will reimburse Superfiliate for
all reasonable costs and expenses incurred (including
reasonable attorneys’ fees) in collecting any late payments or
interest.
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Subscriptions. If you purchase a Subscription, you will be
charged the annual or monthly Subscription fee (as
applicable), plus any applicable taxes, and other charges
(“Subscription Fee”), at the beginning of your Subscription
and each year or month thereafter (as applicable), at the
then-current Subscription Fee. Your Subscription continues
until canceled by you or Superfiliate terminates your access
to or use of the Services or the Subscription in accordance
with these Terms. In the event your Subscription begins on a
day not contained in a later month, your payment method will
be charged on such other day as Superfiliate deems
appropriate. For example, if you started a monthly
Subscription on January 31st, your next payment date is likely
to be February 28th, and your payment method would be billed
on that date.
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Covered Transaction Fees. Brand will pay Superfiliate a transaction fee between 0-10%
of the gross Covered Transaction amount (excluding shipping
and taxes) for each Covered Transaction (“Covered Transaction Fee”). The Covered Transaction Fee is non-refundable including
in situations where a Brand customer returns or refunds a
Brand’s product or service purchased under the Covered
Transaction. The exact transaction fee will be agreed upon
between the Brand and Superfiliate.
(e) Canceling Subscription. You may cancel your Subscription at any time but please note that
such cancellation will only be effective at the end of the
then-current Subscription period. Unless required by law, YOU WILL NOT
RECEIVE A REFUND OF ANY PORTION OF THE SUBSCRIPTION FEE PAID FOR THE
THEN-CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. To
cancel, you can email Superfiliate at
team@superfiliate.com
and follow any instructions, if any, Superfiliate provides to you in
response to your cancellation request. You will be responsible for all
Subscription Fees and Covered Transaction Fees incurred for the
then-current Subscription period.
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General Prohibitions and Superfiliate’s Enforcement Rights. You will not, and will ensure your Authorized Users will not,
do any of the following:
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Post, upload, publish, submit or transmit any User Content
that: (i) infringes, misappropriates or violates a third
party’s patent, copyright, trademark, trade secret, moral
rights or other intellectual property rights, or rights of
publicity or privacy; (ii) violates, or encourages any
conduct that would violate, any applicable law or regulation
or would give rise to civil liability; (iii) is
fraudulent, false, misleading or deceptive; (iv) is
defamatory, obscene, pornographic, vulgar or offensive;
(v) promotes discrimination, bigotry, racism, hatred,
harassment or harm against any individual or group;
(vi) is violent or threatening or promotes violence or
actions that are threatening to any person or entity; or
(vii) promotes illegal or harmful activities or
substances;
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Use the Services for deceptive or fraudulent purposes;
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Use, display, mirror or frame the Services or any individual
element within the Services, Superfiliate’s name, any
Superfiliate trademark, logo or other proprietary information,
or the layout and design of any page or form contained on a
page, without Superfiliate’s express written consent;
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Access, tamper with, or use non-public areas of the Services,
Superfiliate’s computer systems, or the technical delivery
systems of Superfiliate’s providers;
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Attempt to probe, scan or test the vulnerability of any
Superfiliate system or network or breach any security or
authentication measures;
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Avoid, bypass, remove, deactivate, impair, descramble or
otherwise circumvent any technological measure implemented by
Superfiliate or any of Superfiliate’s providers or any other
third party (including another user) to protect the Services;
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Attempt to access or search the Services or download content
from the Services using any engine, software, tool, agent,
device or mechanism (including spiders, robots, crawlers, data
mining tools or the like) other than the software and/or
search agents provided by Superfiliate or other generally
available third-party web browsers;
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Send any unsolicited or unauthorized advertising, promotional
materials, email, junk mail, spam, chain letters or other form
of solicitation;
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Use any meta tags or other hidden text or metadata utilizing
a Superfiliate trademark, logo URL or product name without
Superfiliate’s express written consent;
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Use the Services, or any portion thereof, for any commercial
purpose or for the benefit of any third party or in any manner
not permitted by these Terms;
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Forge any TCP/IP packet header or any part of the header
information in any email or newsgroup posting, or in any way
use the Services to send altered, deceptive or false
source-identifying information;
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Attempt to decipher, decompile, disassemble or reverse
engineer any of the software used to provide the Services;
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Interfere with, or attempt to interfere with, the access of
any user, host or network, including, without limitation,
sending a virus, overloading, flooding, spamming, or
mail-bombing the Services;
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Collect or store any personally identifiable information from
the Services from other users of the Services without their
express permission;
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Impersonate or misrepresent your affiliation with any person
or entity;
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Use the Services for benchmarking or competitive analysis
with respect to competitive or related products or services,
or to develop, commercialize, license or sell any product,
service or technology that could, directly or indirectly,
compete with Superfiliate or the Services;
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Violate any applicable law or regulation; or
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Encourage or enable any other individual to do any of the
foregoing.
Superfiliate is not obligated to monitor access to or use of the
Services or to review or edit any content. However, we have the right
to do so for the purpose of operating the Services, to ensure
compliance with these Terms and to comply with applicable law or other
legal requirements. We reserve the right, but are not obligated, to
remove or disable access to any content, including User Content, at
any time and without notice, including, but not limited to, if we, at
our sole discretion, consider it objectionable or in violation of
these Terms. We have the right to investigate violations of these
Terms or conduct that affects the Services. We may also consult and
cooperate with law enforcement authorities to prosecute users who
violate the law.
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DMCA/Copyright Policy.
Superfiliate respects copyright law and expects its users to do
the same. It is Superfiliate’s policy to terminate in appropriate
circumstances account holders who repeatedly infringe or are
believed to be repeatedly infringing the rights of copyright
holders. Please see Superfiliate’s Copyright and IP Policy at
https://www.superfiliate.com/legal/copyright
for further information.
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Links to Third Party Websites or Resources; Third-Party
Services.
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Links to Third Party Websites or Resources. The Services may allow you to access third-party websites
or other resources. We provide access only as a convenience
and are not responsible for the content, products or services
on or available from those resources or links displayed on
such websites. You acknowledge sole responsibility for and
assume all risk arising from, your use of any third-party
resources.
(b) Third-Party Services. Certain features and functionalities within the Services may allow
you and your Authorized Users to interface or interact with, access
and/or use compatible third- party services, products, technology and
content (collectively, “Third-Party Services”) through the Services. Superfiliate does not provide any aspect of
the Third-Party Services and is not responsible for any compatibility
issues, errors or bugs in the Services or Third-Party Services caused
in whole or in part by the Third-Party Services or any update or
upgrade thereto. You are solely responsible for maintaining the
Third-Party Services and obtaining any associated licenses and
consents necessary for you and your Authorized Users to use the
Third-Party Services in connection with the Services.
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Termination.
We may suspend or terminate your access to and use of the
Services, including suspending access to or terminating your
account, at our sole discretion, at any time and without notice to
you. You may cancel your account at any time by sending us an
email at
team@superfiliate.com. Upon any termination, discontinuation or cancellation of the
Services or your account, the following Sections will survive:
6(b), 6(c), 6(e), 7, 8, 11, 12, 13, 14, 15, 16, 17, and
18.
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Warranty Disclaimers.
THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND.
WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING
OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty
that the Services will meet your requirements or be available on
an uninterrupted, secure, or error-free basis. We make no warranty
regarding the quality, accuracy, timeliness, truthfulness,
completeness or reliability of any information or content on the
Services.
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Indemnity.
You will indemnify and hold Superfiliate and its officers,
directors, employees and agents, harmless from and against any
claims, disputes, demands, liabilities, damages, losses, and costs
and expenses, including, without limitation, reasonable legal and
accounting fees arising out of or in any way connected with (a)
your access to or use of the Services, (b) your User Content, or
(c) your violation of these Terms.
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Limitation of Liability.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER SUPERFILIATE
NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR
DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR
LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS
OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE
SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH
THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING
NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND
WHETHER OR NOT SUPERFILIATE OR ITS SERVICE PROVIDERS HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED
REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
ESSENTIAL PURPOSE.
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TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL
SUPERFILIATE’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION
WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES EXCEED THE AMOUNTS YOU HAVE PAID OR ARE PAYABLE BY
YOU TO SUPERFILIATE FOR USE OF THE SERVICES OR ONE HUNDRED
DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO
SUPERFILIATE, AS APPLICABLE.
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THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE
FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN
SUPERFILIATE AND YOU.
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Governing Law and Forum Choice.
These Terms and any action related thereto will be governed by the
Federal Arbitration Act, federal arbitration law, and the
laws of the State of California, without regard to its conflict
of laws provisions. Except as otherwise expressly set forth in
Section 16 “Dispute Resolution for Individuals” or Section 17
“Dispute Resolution for Entities” (as applicable), the exclusive
jurisdiction for all Disputes (defined below) that you and
Superfiliate are not required to arbitrate will be the state and
federal courts located in Los Angeles, California, and you and
Superfiliate each waive any objection to jurisdiction and venue in
such courts.
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Dispute Resolution for Individuals.
If you are an individual who uses the Services for yourself and
not on behalf of an organization or entity, disputes with
Superfiliate shall be resolved as set forth in this Section
16.
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Mandatory Arbitration of Disputes. We each agree that any dispute, claim or controversy
arising out of or relating to these Terms or the breach,
termination, enforcement, interpretation or validity thereof
or the use of the Services (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a
class, representative or consolidated action or
proceeding. You and Superfiliate agree that the U.S. Federal
Arbitration Act governs the interpretation and enforcement of
these Terms, and that you and Superfiliate are each waiving
the right to a trial by jury or to participate in a class
action. This arbitration provision shall survive termination
of these Terms.
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Exceptions. As limited exceptions to Section 16(a) above: (i) we
both may seek to resolve a Dispute in small claims court if it
qualifies; and (ii) we each retain the right to seek
injunctive or other equitable relief from a court to prevent
(or enjoin) the infringement or misappropriation of our
intellectual property rights.
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Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American
Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Consumer Rules”) then in effect, except as modified by these Terms. The AAA
Rules are available at
www.adr.org
or by calling 1-800-778-7879. A party who wishes to start
arbitration must submit a written Demand for Arbitration to
AAA and give notice to the other party as specified in the AAA
Consumer Rules. The AAA provides a form Demand for Arbitration
at
www.adr.org.
The arbitration will be conducted using remote conferencing
technology (e.g., by videoconference), in person in Los Angeles,
California, United States or at some other location that we both agree
to. Disputes that meet the requirements for desk arbitrations as set
forth in the AAA Consumer Rules, may be resolved by the submission of
documents only, as set forth in the AAA Consumer Rules, unless the
Arbitrator decides that a hearing is necessary. The parties agree that
the arbitrator shall have exclusive authority to decide all issues
relating to the interpretation, applicability, enforceability and
scope of this arbitration agreement.
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Arbitration Costs. Payment of all filing, administration and arbitrator fees
will be governed by the AAA Rules, and we won’t seek to recover
the administration and arbitrator fees we are responsible for
paying, unless the arbitrator finds your Dispute frivolous. If
we prevail in arbitration we’ll pay all of our attorneys’ fees
and costs and won’t seek to recover them from you. If you
prevail in arbitration you will be entitled to an award of
attorneys’ fees and expenses to the extent provided under
applicable law.
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Injunctive and Declaratory Relief. Except as provided in Section 16(b) above, the arbitrator
shall determine all issues of liability on the merits of any
claim asserted by either party and may award declaratory or
injunctive relief only in favor of the individual party seeking
relief and only to the extent necessary to provide relief
warranted by that party’s individual claim. To the extent that
you or we prevail on a claim and seek public injunctive relief
(that is, injunctive relief that has the primary purpose and
effect of prohibiting unlawful acts that threaten future injury
to the public), the entitlement to and extent of such relief
must be litigated in a civil court of competent jurisdiction and
not in arbitration. The parties agree that litigation of any
issues of public injunctive relief shall be stayed pending the
outcome of the merits of any individual claims in
arbitration.
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Class Action Waiver. YOU AND SUPERFILIATE AGREE THAT EACH MAY BRING CLAIMS AGAINST
THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS
A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING.
Further, if the parties’ Dispute is resolved through
arbitration, the arbitrator may not consolidate another person’s
claims with your claims, and may not otherwise preside over any
form of a representative or class proceeding. If this specific
provision is found to be unenforceable, then the entirety of
this Dispute Resolution section shall be null and void.
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Severability. With the exception of any of the provisions in Section 16(f)
of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides
that any part of these Terms is invalid or unenforceable, the
other parts of these Terms will still apply.
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Dispute Resolution for Entities. If you are accessing and using the Services on behalf of a
company or other legal entity, any Dispute will be resolved
exclusively accordingly to the process set forth in Section 16,
expressly including the class action waiver, except that, to the
extent legally permitted, (a) each party will be responsible for
their own filing, administrative, arbitrative and similar fees,
(b) the losing party will pay the prevailing party for all costs
and attorney’s fees, and (c) the AAA Commercial Arbitration Rules
will apply to any arbitration between us.
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General Terms.
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Reservation of Rights. Superfiliate and its licensors exclusively own all right,
title and interest in and to the Services, including all
associated intellectual property rights. You acknowledge that
the Services are protected by copyright, trademark, and other
laws of the United States and foreign countries. You agree not
to remove, alter or obscure any copyright, trademark, service
mark or other proprietary rights notices incorporated in or
accompanying the Services.
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Entire Agreement. These Terms constitute the entire and exclusive
understanding and agreement between Superfiliate and you
regarding the Services, and these Terms supersede and replace
all prior oral or written understandings or agreements between
Superfiliate and you regarding the Services. If any provision
of these Terms is held invalid or unenforceable by an
arbitrator or a court of competent jurisdiction, that
provision will be enforced to the maximum extent permissible
and the other provisions of these Terms will remain in full
force and effect. Except where provided by applicable law in
your jurisdiction, you may not assign or transfer these Terms,
by operation of law or otherwise, without Superfiliate’s prior
written consent. Any attempt by you to assign or transfer
these Terms absent our consent or your statutory right,
without such consent, will be null. Superfiliate may freely
assign or transfer these Terms without restriction. Subject to
the foregoing, these Terms will bind and inure to the benefit
of the parties, their successors and permitted assigns.
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Notices. Any notices or other communications provided by
Superfiliate under these Terms will be given: (a) via
email; or (b) by posting to the Services. For notices
made by email, the date of receipt will be deemed the date on
which such notice is transmitted.
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Waiver of Rights. Superfiliate’s failure to enforce any right or provision of
these Terms will not be considered a waiver of such right or
provision. The waiver of any such right or provision will be
effective only if in writing and signed by a duly authorized
representative of Superfiliate. Except as expressly set forth
in these Terms, the exercise by either party of any of its
remedies under these Terms will be without prejudice to its
other remedies under these Terms or otherwise.
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Contact Information.
If you have any questions about these Terms or the Services,
please contact Superfiliate at [team@superfiliate.com, 859-537-7060, 809 Brooks Ave Venice, CA 90291]