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Appendix A to the Terms and Conditions of Service: Affiliate and Referral Terms

Any undefined terms in this Appendix shall have the meaning given to them in the Terms

  1. License to Promotional Items. All Affiliate Members who are currently in compliance with the Terms are hereby granted a revocable, non-exclusive, non-transferable license to utilize the Site's name, access and download promotional banners, videos, photographs, other promotional materials, and/or promotional materials created by you, provided that such materials are approved by the Company in writing ("Promotional Items"), for use on site(s) or accounts owned by such Affiliate Members ("Referral Sites"). The Promotional Items are licensed to eligible Affiliate Members for the limited purposes of advertising, marketing and promoting the Site. Any and all licenses granted to Affiliate Members pursuant to the Terms shall immediately cease and revert to us upon the termination or cancellation of the Term. You agree not to share any of the Promotional Items with anyone in any way, which is not in accordance with the Terms and applicable law. You hereby acknowledge and agree that all rights to the Promotional Items belong solely to the Company and/or the Company's licensor(s).
  2. Keywords; Domain Names. Notwithstanding the foregoing license to use the names of the Site in connection with referring traffic to the Site, you are not, as a part of this license, permitted to (i) bid on, purchase or otherwise register/use "Uplust," "uplust.com," or any other similar spelling, or use same in connection with the words "Official," "Officially" or "Official Site" as keywords or advertising words on any internet search engines, including without limitation, google.com, bing.com, ask.com, yahoo.com, etc.; use the Site name in association with any similar or competing website or service; or (ii) register any domain name which incorporates or is a "misspelling" or variation of "Uplust." You agree that in the event you violate any part of this section of the Terms, your account will be immediately terminated, any monies earned but not yet paid will be forfeited, and that you will cooperate fully in transferring any items forbidden by this section to the Company as the rightful owner. Subject to the foregoing limitations and pursuant to the license granted herein, eligible Affiliate Members will be permitted to use any website domain name they choose in connection with promoting the Site, so long as such website domain name(s) registered does not infringe on our or any third party's intellectual property rights, or defame, insult or otherwise harass anyone, and does not promote or suggest any illegal activity.
  3. Restrictions. You are prohibited from using any images, text, script(s), applications, logos and functional elements appearing on a Referral Sites, to which you do not have all legal rights, free from any and all encumbrances and third-party claims. Further, you represent and warrant that you will only advertise on services and providers that permit advertisement of services such as the Site. You understand and agree that if you advertise on any service or provider that does not permit such advertising, your account will be terminated without notice and without payment or liability. Furthermore, you acknowledge and agree that we may, at any time, review the contents of any Referral Site and disapprove of any material thereon that might, in our sole discretion, reflect negatively upon the Site. Upon request from us, such material must be immediately removed in order for you to remain eligible to receive commissions hereunder.
  4. No Email Marketing. We do not permit promotion of the Site by email marketing. You acknowledge and agree that any email marketing by you will be grounds for immediate termination of your account without payment.
  5. Compliance with Applicable Laws and Data Privacy Regulations. You will comply with all applicable laws in your jurisdiction and those jurisdictions in which you are providing marketing activity. Compliance includes without limitation, your adherence to all email marketing, consumer protection and data privacy laws applicable to your activities. You will indemnify us for all claims, losses and liabilities relating to or arising out of your violation of this section.
  6. User Referral Link. Each Affiliate Member shall be assigned one or more unique URLs (each a "User Referral Link") that must be used when referring new users in order to connect such new users to the Affiliate Member who referred them. Your User Referral Links can be found on the "Assets" page once you are logged in to our Affiliate Platform (https://uplust.tapfiliate.com/). You acknowledge and agree that we are not obligated to pay any commissions to you for any new user signups or spending that did not directly result from clicking on your User Referral Links.
  7. Commissions on User Spending. In order to receive commissions in connection with users referred by you, you must first provide age verification documentation to show that you are at least the Age of Majority. The Company will compensate eligible Affiliate Members, subject to the terms of this Appendix A in all respects, a commission for certain types of referrals generated by such eligible Affiliate Members, as set forth in further detail below: