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WEBCC operates a premier partner program which allows authorised participants to promote, market, distribute and sell the Products and Services through a Products and Services Order on WEBCC’s behalf (“Program”).means any and all information and/or documents exchanged between the Parties under the terms of this Agreement, the Program or the Product and Services or incidentally thereto and shall not be limited but to include all specifications, records, data, computer programs, drawings, schematics, notices, models, reports, samples, know-how, trade secrets, ideas, concepts, technical and operational information, arising or used in connection with the Products and Services and other information which by its nature, or by the circumstances of its disclosure, is or could reasonably be expected to be regarded as confidential;means any cause beyond a Party’s reasonable control affecting the performance by the affected Party of its obligations hereunder including, but not limited to, acts of God, riots or civil disorder, war or military operations, national or local emergency, acts or omissions of government, industrial disputes of any kind (not involving the affected Party’s own employees), fire, flood, lightning, explosion, subsidence, inclement weather and acts or omissions of persons or bodies beyond the reasonable control of the said Party;means any patent, trade mark, copyright and/or design rights (and any application for any of the foregoing), as well as any rights in respect of any confidential information, trade secrets or proprietary information or any other intellectual and industrial property rights, whether existing or to be created in the future, and whether or not registered or registrable;means the tool provided by WEBCC to the Premier Partner to register domain name(s) on the internet.
The tool may include, but is not limited to, Java-based application program interface or an XML-based application program interface, EPP (Extensible Provisioning Protocol) and the proprietary “Web Panel” interface.
The Premier Partner agrees that WEBCC’s entire liability to Premier Partner, and the Premier Partner’s sole remedy, arising out of this Agreement, shall not exceed the amount of fees and/or charges received by WEBCC from the Premier Partner, during six (6) months preceding the date on which the cause of action had arisen under this Agreement.
In no event shall WEBCC be liable for any indirect, incidental or consequential damages or loss of profits or revenues whether foreseeable or not, however caused, arising out of or in connection with the performance or non-performance of this Agreement.
This Agreement is personal to the Parties hereto and neither Party shall, without the prior consent in writing of the other, assign, charge or otherwise deal with the whole or any part of this Agreement or its rights or obligations hereunder.
Neither Party shall, without the prior approval in writing of the other (such approval not to be unreasonably withheld), directly or indirectly make any release or statement to the press, radio, television or other media in any way connected with this Agreement.
The Premier Partner also undertakes and warrants that it will only use the WEBCC domain registration system for legal and lawful purposes subject to the terms and conditions of this Agreement, WEBCC’s Acceptable Use Policy, and any other relevant policies of WEBCC as may be amended from time to time and in accordance with all applicable laws.
Except as expressly stated in this Agreement, all warranties and conditions, whether expressed or implied by statute, common law or otherwise (including, but not limited to, fitness for purpose) as to performance, quality, title and otherwise in connection with the obligations of the Parties hereunder are hereby excluded to the extent permitted by law.
The terms of this Agreement shall take effect from the Effective Date and shall continue to be in force for a period of one (1) year thereafter (“Initial Term”), unless otherwise terminated by either Party pursuant to Clause 12 of this Agreement.This Agreement shall be automatically renewed for successive periods of twelve (12) months following the expiry of the Initial Term unless otherwise terminated by either Party pursuant to Clause 12 of this Agreement.The Premier Partner shall pay the applicable fees in the form and amounts as described in the Premier Partner’s account for the relevant product or services rendered by the Premier Partner, which shall be deducted from a client’s account established with and held by WEBCC subject to the terms and conditions related thereto for the time being enforced.Where the Premier Partner’s account has been suspended and in the event WEBCC agrees to lift the suspension, the Premier Partner shall be liable to reimburse WEBCC for any costs incurred in this respect.The Parties shall at all times act in good faith in the resolution of any dispute, controversy or claim arising under this Agreement.