Last Updated: 10/27/2020

Please read these Affiliate Program Terms and Conditions (“Affiliate Terms“) carefully. These Affiliate Terms set forth the terms and conditions under which you may participate in Marinate  Limited (“Marinate ” or “we“)’s affiliate program (the “Affiliate Program“). The Affiliate Program allows registered users to earn referral “points” by referring users to Marinate ‘s services accessible at app.marinate.io (the “Services“).

1. Registration

To participate in the Affiliate Program, you must agree to these terms (the “Affiliate Terms“). If you do not agree to these Affiliate Terms, you may not participate in the Affiliate Program. To participate in the Affiliate Program, you must register in the program and create an account (the “Affiliate Account“). You must keep the login credentials of your account for Affiliate Account secure. You will be responsible for all activities under your Affiliate Account.

2. Updates to the Affiliate Terms or Affiliate Program

We may change or terminate the Affiliate Program or your ability to participate in the Affiliate Program at any time for any reason. In addition, we may update these Affiliate Terms at any time without prior notice. If we modify these Affiliate Terms, we will post the modification on our website and change the “Last Updated” date above, and the modified Affiliate Terms will be effective upon posting. Continued participation in the Affiliate Program after any modification shall constitute consent to such modification.

3. Referral Link

Upon registration in the Affiliate Program, we will provide you access to a unique hyperlink to enable you to refer users to the Services (the “Referral Link“).

4. Earning Referral Points

Upon registration in the Affiliate Program, you will receive referral “points” per Referred User. “Referred User” means a referral that meets all of the following requirements: (i) the referred person must sign up for the Services by clicking the Referral Link that you have presented or displayed to him/her; and (ii) the referred person must not be an existing user of the Services. Details about your Referred Users and the associated referral “points” that you have earned will be displayed in your Affiliate Account dashboard. REFERRAL “POINTS” CANNOT BE USED FOR PURCHASE OF PRODUCTS OR SERVICES AND ARE NOT REDEEMABLE FOR CASH.

5. Requirements and Prohibitions

The following restrictions will apply to your use of the Referral Link:

  • You may not use, copy, modify, or distribute the Referral Link for any purpose other than as expressly permitted herein.
  • You shall not remove, alter, or obscure any copyright or other proprietary notice (or any source identified) included in or with the Referral Link.
  • You may not combine your use or display of any Referral Link with the use or display of any content or information that: (i) is libelous, defamatory, or constitutes a breach of any person’s privacy or publicity rights; (ii) infringes or violates any intellectual property, other proprietary right; (iii) a reasonable person would consider to be or to promote material that is harassing, abusive, threatening, harmful, vulgar, profane, obscene, violent, sexually explicit, pornographic, hateful, or otherwise objectionable or offensive in any way; (iv) promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; (v) violates or encourages others to violate any applicable law, statute, ordinance or regulation; (vi) promotes fake our counterfeit items, gambling, or betting; (vii) promotes software or services that deliver unsolicited email, phishing, or other unethical online business practices; (vii) contains viruses, Trojan horses, worms, time bombs, or other similar harmful programming routines; (x) promotes firearms or weapons, or (xi) is otherwise inappropriate.
  • You may not use the Referral Link in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Referral Terms. Your use and display of the Referral Link will comply with all applicable laws in all relevant jurisdictions and shall not deceive third parties about its nature, purpose, or operation.

6. Termination of Affiliate Account

We reserve the right to terminate your Affiliate Account if we notice any activity that we believe is abusive, fraudulent, or in violation of these Affiliate Terms.

7. Warranty Disclaimers

MARINATE  DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE AFFILIATE PROGRAM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FURTHER, MARINATE  DOES NOT WARRANT OR GUARANTEE: (I) ANY RESULTS FROM THE PARTICIPATION IN THE AFFILIATE PROGRAM, OR (II) THAT THE AFFILIATE PROGRAM WILL MEET YOUR EXPECTATIONS.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARINATE  BE LIABLE TO YOU FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE AFFILIATE PROGRAM OR THESE AFFILIATE TERMS, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT MARINATE  HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.

9. General

These Affiliate Terms and any action related thereto will be governed by the laws of the State of California, without regard to its conflict of laws provisions. The exclusive jurisdiction for all disputes, claims or controversies arising out of or relating to these Affiliate Terms will be the state and federal courts located in the Northern District of California, and you and Marinate  each waive any objection to jurisdiction and venue in such courts. These Affiliate Terms constitute the entire and exclusive understanding and agreement between Marinate  and you regarding the Affiliate Program, and these Affiliate Terms supersede and replace all prior oral or written understandings or agreements between Marinate  and you regarding the Affiliate Program. If any provision of these Affiliate Terms is held invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Affiliate Terms will remain in full force and effect. You may not assign or transfer these Affiliate Terms, by operation of law or otherwise, without Marinate ‘s prior written consent. Any attempt by you to assign or transfer these Affiliate Terms, without such consent, will be null. Marinate  may freely assign or transfer these Affiliate Terms without restriction. Subject to the foregoing, these Affiliate Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Marinate ‘s failure to enforce any right or provision of these Affiliate 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 Marinate . The exercise by either party of any of its remedies under these Affiliate Terms will be without prejudice to its other remedies under these Affiliate Terms or otherwise.

10. Contacting Marinate

If you have any questions about these Affiliate Terms please contact Marinate  at info@marinate.io.