- Links to Third Party Services
- Intellectual Property
You acknowledge that all content and materials available on this Site, including the selection, coordination, arrangement and enhancement of such content as well as content original to it are protected by national and international copyrights, trademarks, service marks, patents, patent registration rights, trade secrets, know-how or other proprietary rights and laws and are owned by OTTMAX Media. The use or misuse of any of these materials is strictly prohibited. Membership of OTTMAX Media does not automatically grant you access to any third party services, you must have permission from the owner or copyright holder to access any services not owned by OTTMAX Media.
- Lawful Use
You agree to use the Site or its contents for lawful purposes and only as expressly permitted in this Terms of Service and for no other purpose. Except where otherwise noted, you may view individual services only if you are permitted to do so by the copyright holder for noncommercial use only, provided you do not delete or change any of the information, including copyright or trademark notices. Except as otherwise permitted herein and as we may expressly authorize, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from the content or materials on the Site or otherwise in any way exploit any of the content of the Site, in whole or in part. Systematic retrieval of data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database or directory in any form whatsoever without our written permission is strictly prohibited. You agree that you will not post or transmit through the Site any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without OTTMAX Media express prior approval, contains advertising or any solicitation with respect to products or services. You also agree not to post any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary rights and the burden of determining that any material is not protected by copyright rests with you. Any conduct by you that in our discretion restricts or inhibits any other user from using or enjoying OTTMAX Media will not be permitted.
- User’s Grant of License
By posting or submitting content to the Site, you grant OTTMAX Media and its worldwide licensees the right to use, reproduce, display, perform, adapt, modify, distribute and promote the content in any form, anywhere and for any purpose. You also warrant and represent that you own or otherwise control all of the rights to the content you post or submit to the Site and that our public posting and use of your content will not infringe or violate the rights of any third party. OTTMAX Media retains the right to monitor, edit or otherwise change your posting or other content submitted to the Site without your permission. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE AND THAT YOU USE THIS SITE AND ANY CONTENT YOU CHOOSE TO DOWNLOAD AT YOUR SOLE RISK. OTTMAX Media DOES NOT IN ANY WAY WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW. NEITHER OTTMAX Media, NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, MAKE ANY WARRANTY THAT THE CONTENT OF THE SITE OR ANY SERVICE OR MERCHANDISE PROVIDED THROUGH IT, IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE OR ANY LINKED SITE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS, DIRECTIONS OR RECOMMENDATIONS ON THE SITE.
- Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL OTTMAX MEDIA, NOR ITS PARTNERS, AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, CONSULTANTS, CONTRACTORS OR LICENSORS, BE LIABLE FOR ANY DAMAGES IN LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR FROM INFORMATION PROVIDED ON THE SITE OR FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE OF RECORD, AND THE RISK OF ANY INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS INCLUDING ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold OTTMAX Media and its partners and their respective employees, officers, directors, shareholders, agents, consultants and licensees harmless from and against any and all liabilities, claims and expenses, including attorney’s fees, that arise from your use or misuse of the Site or the Content therein, including without limitation your violation of the Terms of Service herein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
- Monitoring Content
OTTMAX Media shall have the right, but not the obligation, to monitor the content of the Site, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by OTTMAX Media and to satisfy any law, regulation or authorized government request. OTTMAX Media shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site without your permission. Without limiting the foregoing, OTTMAX Media shall have the right to remove any material that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable. Notwithstanding the foregoing, OTTMAX Media is not responsible for the content that you or any user posts on any forum on the Site and your reliance on any such content is solely at your own risk. International Use
- Local Laws
By choosing to access the Site, you accept full responsibility for compliance with all local laws that are applicable. OTTMAX Media makes no representation that materials on the Site are appropriate or available for use in all locations, and accessing them from territories where their contents are illegal is prohibited. Membership of OTTMAX Media does not automatically grant you access to any third party services available from the Site. You should only ever enable and view services you are permitted to access. No services are stored or made available to users from the OTTMAX Media servers, all services are made available as third party links from the internet.
- Security Precautions
- Choice of Law
This Agreement shall be construed in accordance with the laws of Panama, and the Federal laws of Panama applicable therein, without regard to its conflict of laws rules. You expressly agree that any claim or action arising out of or relating to these Terms of Service or your use of the Site shall be filed only in the courts of Panama or the Federal Court of Panama, if applicable, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
- Integration and Severability
- Unauthorized Use and Termination
You agree to use the Site and the services on offer only for authorized and legal activities. OTTMAX Media reserves the right, in our sole discretion, to terminate your access to all or part of the Site, with or without notice and for any reason whatsoever.
- Privacy and Disclosure
Acceptable Use Policy
OTTMAX Media allows customers to use all the resources they subscribe to in their smart plans. At times we may need to limit resource consumption. If you think your resource use could be too intense for your smart plan or for a plan you are considering, please open a support ticket to discuss your options with OTTMAX Media.
1,1,1 – Resource Abuse consists of any activity, intentional or otherwise, that consumes sufficient system resources to negatively affect other clients or equipment.
1,2,1 – Any email-based communications sent without the consent of the recipient.
1,2,2 – Knowingly permitting or initiating Unsolicited Communications is grounds for immediate termination, and a permanent ban from any future service.
1,3,1 – Any type of script, code, or other file that performs harmful action, either to the user affected or as a bulk action triggered by the user.
1,3,2 – Any content that violates Canadian, United States, and Luxembourg laws.
1,3,3 – Knowingly permitting or hosting Malicious Content is grounds for immediate termination, and a permanent ban from any future service.
Intentional / Malicious Abuse
2,1,1 – Intentional / Malicious usage is defined as any action knowingly performed by the user, or persons user has authorized to access the service, that is categorized in the above Abuse
2,1,2 – All services on the user’s account will immediately be terminated with a refund being issued.
2,1,3 – The user will be permanently banned from holding any further service with OTTMAX Media and related companies..
OTTMAX Media respects your privacy and believes the best way to serve you on the Internet is with honesty, accountability and adherence to legal standards. We are sensitive to the issue of privacy and have structured our online activities to maximize your control over the disclosure of your own personally identifiable information.
Privacy of Children
OTTMAX Media encourages parents and guardians to be aware of and participate in their children’s online activities. You must be over the age of 18 to register an account on OTTMAX Media, and use the OTTMAX Media website.
Types of Information collected
OTTMAX Media may collect two types of information: personally identifiable information and aggregated non-personally identifiable information. Personally Identifiable Information will include information such as your name, user name, address, postal code, telephone number, e-mail address, age, marital status, income level, education level, intentions, preferences and opinions. OTTMAX Media does not collect personally identifiable information about an individual except when individuals provide such specific information on a voluntary basis. For example, in our Billing System. Aggregated information will include information that is anonymous such as the type of browser you are using or other such non-personally identifiable information.
Why is the Information Collected?
In order to access some specific features of the Site, you may be required to register or otherwise voluntarily provide personally identifiable information. For example, registration is needed to enter certain contests. You may choose not to provide the personal information, but this may lead to decreased functionality of the Site for you and will prevent us from providing you with certain products or services. However, you can still access and visit many of the Site’s features. We also may request you to voluntarily provide personal information that is not required to access features of our site. This information enables OTTMAX Media to make general improvements to the Site, ensures that content standards of these sections are rigorously upheld, enables us to contact the prize winners and better serve your specific interests.
What We Will and Will Not Do With the Information You Provide
OTTMAX Media uses information generally to compile statistical data, keep in contact with users and provide them with a better interactive experience. OTTMAX Media may use your information specifically for the following purposes: (i) to improve the content of our Site; (ii) to personalize and/or customize the content and/or layout of our Site for each individual visitor; (iii) to notify visitors about updates to our Site; (iv) to identify our visitors’ preferences; (v) to keep you informed about product and services (both ours and third parties’) in which you have expressed an interest; (vi) to establish your eligibility for special offers and discounts; (vii) to complete business transactions; (viii) to contact you as part of a promotion; (ix) to allow you to make a posting on the Site; (x) to administer individual accounts; (xi) to provide customer support; (xii) to meet legal requirements; (xiii) to provide Internet security; and/or (xiv) to analyze the collected information. If you have entered and won one of OTTMAX Media’s contests, OTTMAX Media and / or its sponsors may publish your name and city of residence.
In the event that we sell a substantial portion of our business assets, our customer information may be among the transferred assets. In such event, the purchaser will inherit the confidentiality obligations posted herein.
Third Party Advertising
OTTMAX Media does contain any advertising whatsoever. If you are seeing ads, then it is your computer and/or software. We recommend you use AdAware or SpyBot Search & Destroy to attempt to deal with the problem. If that does not solve the issue, we recommend contacting a competent technician. Many are available in your local area through the free classifieds ad service of CraigsList.Org.
When you visit the Site, we or a third-party advertiser may store or recognize some information on your computer in the form of a “cookie” or similar file. “Cookies” are small text files that identify an individual computer’s browser entering the Site. They do not pose a security threat to you. No personal information is stored within the cookies. For example, cookies allow us to track a browser’s movement through the Site over several sessions. Through cookies, the Site can recognise repeat visitors, facilitate the visitor’s access to and use of the Site and allows the Site to track usage behaviour that will allow content improvement and enable us to tailor our Site to better match your interests and preferences. If you do not want cookies placed on your computer, you can erase cookies from your computer hard drive, block all cookies or receive a warning before a cookie is stored. Most Internet browsers or other software will allow you to do this. Please refer to your browser instructions or help screen to learn more about these functions. If you reject cookies, functionality of the Site may be severely limited, and you may not be able to take advantage of many of the Site’s best features.
About Our Forums
The Site may, from time-to-time, feature forums (such as message boards and chat rooms) which enable our users to communicate with each other. OTTMAX Media does not moderate and is not responsible for the content that you or any user posts on any forum on the Site. All personal information you post in a forum becomes public information and may be viewed, collected and used by any visitor to the Site, and may expose you to unsolicited messages. This is beyond our control. Therefore, OTTMAX Media strongly recommends that you do not post on any forum private information about yourself or other individuals.
Linking to Our Business Partners’ and Third Party Content / Web Sites
The Site provides access to on-line streaming and other third party content. We are not responsible for any such third party content or streaming that you may access through the Site. The Site also contains links from and to sites operated by our business partners and other independent third parties. Once you leave the Site, you may or may not see a new URL in the location bar. Please review the linked site’s and third party content provider’s privacy policies, and if you do not agree to be bound by the terms of the policies governing that provider / site, terminate your use of that service or your visit to the site. The linked sites are not under our influence or control, and we are not responsible for the privacy policies and practices or the content of the sites operated by our business partners or other third parties or the privacy policies and practices or contents of any linked site or subsequent links from that site.
How Secure is Your Information
Any unauthorized use of the Site may result in criminal and/or civil prosecution. We have policies and procedures in place to protect the privacy and confidentiality of your information that we collect and maintain, including contracts with third parties that manage the information provided by you. All personal information is stored on secured servers, behind a firewall at a data center with access to data strictly controlled. Only individuals specifically involved in the analysis and other functions set out herein have access to your personally identifiable information. These individuals have been provided the requisite training on our privacy policies and practices.
To help ensure the privacy of your information, we urge you not to share your user name and password with anyone and recommend that you change your password frequently and store it in a safe place. If you are asked to create a user name or password, please select words that do not personally identify you. We may offer “auto login” which allows users to enter member areas of our site without re-entering password information. You may want to disable auto login on your “Set Up” page if you are not the only person using your computer.
Updating / Deleting your Information
When collected, OTTMAX Media enables our users to update/correct personal information previously submitted which the user states is erroneous to the extent such activities will not compromise privacy or security interests. To update or delete your information, please go to the Log-In function and update or delete your personal information accordingly from our database. Please note that it may be impossible to delete a user’s entry totally without some residual information because of backups and records of deletions.
If you have any concerns about privacy procedures at our Site:
email us at: : [email protected]
Please make any communications as complete and descriptive as possible, and we will attempt to respond promptly to your concerns.
OTTMAX Media DMCA / Copyright Policy
We respect the intellectual property of others, and we ask our users to do the same. On this page, you will find information about copyright infringement procedures and policies that apply to OTTMAX Media.
Notification of Copyright Infringement
If you are a copyright owner (or an agent of a copyright owner) and believe any user material posted on our sites infringes upon your copyrights, you may submit a Notification of Claimed Infringement under the Digital Millennium Copyright Act (“DMCA”) by sending an e-mail to our Designated Copyright Agent containing the following information:
A clear identification of the copyrighted work claimed to have been infringed. If multiple copyrighted works are posted on a single web page and you notify us about all of them in a single notice, you may provide a representative list of such works found at the site.
A clear identification of the material you claim is infringing on the copyrighted work, and information sufficient to locate that material on our website (such as the message ID of the infringing material).
A statement that you have a “good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.”
Your contact information so that we can reply to your notice, preferably including an e-mail address and telephone number.
The notice must be physically or electronically signed by the copyright owner or a person authorized to act on behalf of the owner.
Your written Notification of Claimed Infringement must be sent to our Designated Copyright Agent at the e-mail address listed below. We will review and address all notices that substantially comply with the requirements identified above. If your notice fails to substantially comply with all of these requirements, we may not be able respond to your notice.
View a sample of a properly formed DMCA Notice to help insure you are submitting the necessary information to protect your materials.
We suggest that you consult your legal advisor before filing a Notification of Claimed Infringement. Please note that you may be liable for damages if you make a false claim of copyright infringement. Section 512(f) of the Copyright Act provides that any person who knowingly materially misrepresents that material is infringing may be subject to liability. Please also be advised that, in appropriate circumstances, we will terminate the accounts of users/subscribers who repeatedly misidentify copyrighted material.
Counter Notification of Copyright Infringement
If you believe material was removed in error, you may send a Counter Notification to our Designated Copyright Agent at the e-mail address provided below.
To file a Counter Notification with us, you must send us an e-mail that sets forth the items specified below:
Identify the specific message ID(s) of material that we have removed or to which we have disabled access.
Provide your full name, address, telephone number, and e-mail address.
Provide a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located (or Winter Park, FL if your address is outside of the United States), and that you will accept service of process from the person who the provided notification of claimed infringement to which your notice relates or an agent of such person.
Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
Sign the notice. If you are providing notice by e-mail, an electronic signature (i.e. your typed name) or scanned physical signature will be accepted.
If we receive a Counter Notification from you, we may forward it to the party who submitted the original Notification of Claimed Infringement. The Counter Notification we forward may include some of your personal information, such as your name and contact information. By submitting a Counter Notification, you consent to having your information revealed in this way. We will not forward the Counter Notification to any party other than the original claimant unless required or expressly permitted to do so by law.
After we send out the Counter Notification, the original claimant must respond to us within 10 business days stating he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on our web site.
We suggest that you consult your legal advisor before filing a Counter Notification of Copyright Infringement. Please note that you may be liable for damages if you make a false claim. Under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material was removed or disabled by mistake or misidentification may be subject to liability.
Please note that we may not be able to contact you if we receive a Notification of Copyright Infringement about material you posted online. In accordance with our Terms of Service, we reserve the right to permanently remove any content sole discretion
Termination of Subscriber Accounts
It is our policy, in what we deem in our sole discretion to be appropriate circumstances, to disable and/or terminate the accounts of users, subscribers or account holders who repeatedly infringe the copyrights or other intellectual property rights of others or of OTTMAX Media.
Designated Copyright Agent Contact Information
Notices with respect to this web site should be sent to: [email protected]
Subscription & Refund Policy
All prices are in GBP (Pounds Sterling) and include all additional handling fee’s and taxes (where applicable) at the current rates. It is the users responsibility to check local exchange rates.
OTTMAX Media does not take payment immediately and membership is subject to availability. In the event that we are unable to supply membership, we will inform you as soon as possible.
If the chosen payment method provides the user with auto membership renewal and the user selects the option of auto renewal, the payment will automatically renew at the end of the billing cycle on the same date as the original transaction date on each corresponding billing cycle. If the user selects manual renewal the billing system will send the user an invoice upon membership renewal.
Discounts, rebates or other special offers only valid for initial term; subscriptions renew at the then-current full subscription rates.
OTTMAX Media may terminate the subscription and these terms if it is unable to renew the subscription based on inaccurate or outdated credit card information.
Right of access granted under these Terms is effective only upon payment of the subscription fees.
OTTMAX Media may increase subscription fees for a subsequent subscription period at any time and for any reason, provided, however, that OTTMAX Media provides notice at least thirty (30) calendar days prior to the expiration of the subscription.
You can cancel your subscription from your account profile page.
The only valid method for canceling your Plan is via the cancellation link provided on your user “dashboard” page, accessible after logging in to the OTTMAX Media Website. Requests to cancel by e-mail or phone are not considered, and do not accomplish, cancellation.
Once you cancel your membership subscription, you will not lose access immediately.
Your membership will continue through the end of your current charge cycle. For example: If your credit card is charged on the 10th of the month and you cancel on April 25th, you will not lose access until the May 10th.
Subscription fees are refundable on a case by case basis, please open a ticket if you require assistance in this regard.
OTTMAX Media Affiliate Program Terms of Service
By signing up to be an Affiliate in the OTTMAX Media Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
OTTMAX Media reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
- You must be 18 years or older to be part of this Program.
- You must be an active member of OTTMAX Media to be an Affiliate.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. OTTMAX Media cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own OTTMAX Media product accounts.
Links/graphics on your site, in your emails, or other communications
Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to OTTMAX Media. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.
To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the OTTMAX Media. You must ensure that each of the links between your site and the OTTMAX Media properly utilises such special link formats. Links to the OTTMAX Media placed on your site pursuant to this Agreement and which properly utilise such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a OTTMAX Media product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.
Affiliate links should point to the page of the product being promoted.
Referral fees/commissions and payment
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://ottmax.eu and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than £25 in affiliate income. If your affiliate account never crosses the £25 threshold, your commissions will not be realise
dor paid. We are only responsible for paying accounts that have crossed the £25 threshold.
Identifying yourself as a OTTMAX Media Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of OTTMAX Media or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
As long as your current affiliate earning are over £25, you’ll be paid each month. If you haven’t earned £25 since your last payment, we’ll pay you the following month after you’ve crossed the threshold.
Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.
Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://www.ottmax.eu, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. OTTMAX Media reserves the right to end the Program at any time. Upon program termination, OTTMAX Media will pay any outstanding earnings accrued above £25.
OTTMAX Media, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other OTTMAX Media service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. OTTMAX Media reserves the right to refuse service to anyone for any reason at any time.
Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the OTTMAX Media will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
This Agreement will be governed by the laws of Belize, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of OTTMAX Media to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and OTTMAX Media and govern your use of the Service, superseding any prior agreements between you and OTTMAX Media (including, but not limited to, any prior versions of the Terms of Service).