Affiliate Program
Operating Agreement
This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between MZpack ("MZpack" or "we") and you ("you" or "Affiliate"), the party submitting an application to become an MZpack affiliate.
The terms and conditions contained in this Agreement apply to your participation with www.mzpack.pro/affiliate-area ("Affiliate Program"). In addition to MZpack's general Terms of Use and Privacy Policy, the following additional rules are incorporated into those Terms and apply to you as an Affiliate.
Enrollment in the Affiliate Program
You must submit an Affiliate Program application that may be found on our website. You must accurately complete the application to become an Affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information.
After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Definitions
Obligations of the Parties
Confidentiality
Except as otherwise provided or with the consent of MZpack, all information — including terms of this Agreement, business and financial information, Commissions, Client and vendor lists, and pricing and sales information — shall remain strictly confidential for a period of two (2) years following termination of the Agreement.
This information shall not be utilized, directly or indirectly, for any purpose other than participation in the Affiliate Program. Affiliate shall not use any information from the Affiliate Program to develop, enhance, or operate a service that competes with the Affiliate Program.
Limited License & Intellectual Property
MZpack grants you a nonexclusive, nontransferable, revocable right to use the Links and to access our Web Site through the Links solely in accordance with the terms of this Agreement — for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales.
All proprietary information, trademarks, trade secrets, copyrights, and other rights in and arising out of MZpack's services are and shall remain the exclusive property of MZpack. You may not alter, modify, manipulate, or create derivative works of the Links or any MZpack graphics, creative, copy, or other materials.
MZpack may revoke your license at any time by written notice. All rights not expressly granted in this Agreement are reserved by MZpack.
Termination
This Agreement commences on the date your application is approved and continues until terminated. Either party may terminate this Agreement at any time, with or without cause.
You may terminate by removing all Links from your Media and deleting all copies of the Links. MZpack may terminate by disabling the Links or providing written notice. Upon termination, you will immediately cease all use of Links, MZpack materials, and stop representing yourself as an Affiliate.
All rights to validly accrued payments, causes of action, and any applicable provisions will survive termination.
Independent Contractor
Affiliate is an independent contractor and is not an employee or agent of MZpack. Nothing in this Agreement creates a partnership, joint venture, franchise, or employment relationship. Affiliate shall not sign any document in MZpack's name or represent itself as an agent of MZpack.
Remedies
In addition to other available rights, MZpack reserves the right to delete actions submitted through your Links and withhold, freeze, or charge back unpaid Commissions if: (i) you have violated this Agreement; (ii) MZpack receives complaints reasonably believed to violate this Agreement; or (iii) any Qualified Action is later determined to not meet the requirements.
In the event of a material breach, MZpack reserves the right to disclose your identity and contact information to law enforcement, regulatory authorities, or any directly damaged third party.
Anti-Spam Policy
You must strictly comply with the Federal CAN-SPAM Act of 2003. All emails sent in connection with the Affiliate Program must include the appropriate opt-out link. MZpack may require you to submit final email versions for approval before sending. Compliance with the Act remains solely your obligation.
Federal Trade Commission Compliance
MZpack requires you to follow all FTC guidelines when endorsing our company and products. This means conspicuous disclosure on your website of any compensatory relationship between you and MZpack.
Fraud
You are expressly prohibited from using any persons, means, devices, or arrangements to commit fraud, violate applicable law, interfere with other affiliates, or falsify information in connection with Clients or Commissions. Prohibited acts include — but are not limited to — automated click inflation, spyware, stealware, cookie-stuffing, and other deceptive practices. MZpack makes all determinations about fraudulent activity in its sole discretion.
Non-Disparagement
During the term of this Agreement and for two (2) years after termination, you shall not make any false, disparaging, or derogatory statements — in public or private — regarding MZpack, its directors, officers, related entities, employees, agents, or the company's business affairs or financial condition.
This section does not prohibit truthful communication required or protected by law, to government agencies, or in response to a legal subpoena.
Representations and Warranties
You represent and warrant that this Agreement constitutes your legal, valid, and binding obligation and that you have the authority to enter into it. MZpack represents and warrants that it shall not knowingly violate any applicable law, rule, or regulation in its own business operations or proprietary products and services.
Modifications
MZpack may modify any terms and conditions at any time. Modifications become effective ten (10) business days after email notification. If modifications are unacceptable, you must terminate this Agreement within that 10-day period. Continued participation constitutes binding acceptance.
Modifications may include changes to Commission amounts or percentages, payment procedures, and Affiliate Program rules.
Independent Investigation
You acknowledge that you have read this Agreement, agree to all its terms and conditions, and have independently evaluated the desirability of participating in the Affiliate Program. You are not relying on any representation or guarantee other than as set forth herein.
Mutual Indemnification
Affiliate indemnifies MZpack against all claims, liabilities, damages, and expenses (including attorney fees) arising from: (i) any failure or breach of this Agreement; (ii) misuse of the Links, Offers, or MZpack intellectual property; or (iii) any claim related to your Media content.
MZpack indemnifies Affiliate against claims arising from a claim that MZpack is not authorized to provide you with the Links.
Disclaimers
THE AFFILIATE PROGRAM, THE PROGRAM WEB SITE, AND LINKS ARE PROVIDED "AS IS". MZPACK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. MZPACK DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS. MZPACK MAY DISCONTINUE OR CHANGE ANY ASPECT OF THE AFFILIATE PROGRAM AT ANY TIME IN ITS SOLE DISCRETION.
FUTURES AND FOREX TRADING HAS LARGE POTENTIAL REWARDS, BUT ALSO LARGE POTENTIAL RISK. DON'T TRADE WITH MONEY YOU CAN'T AFFORD TO LOSE. PAST PERFORMANCE IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.
Limitation of Liability
IN NO EVENT SHALL MZPACK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS OR BUSINESS OPPORTUNITY. MZPACK'S CUMULATIVE LIABILITY WILL NOT EXCEED THE COMMISSIONS PAID TO AFFILIATE DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Arbitration
You and MZpack mutually agree to resolve any justiciable disputes — including disputes involving the Affiliate Program or this Agreement — exclusively through final and binding arbitration located in Moscow, Russia, before a single arbitrator, instead of filing a lawsuit in court.
Governing Law; Miscellaneous
Affiliate shall be responsible for all attorney fees and expenses incurred by MZpack to enforce the terms of this Agreement. This Agreement contains the entire agreement between MZpack and Affiliate with respect to the subject matter hereof.
Affiliate may not assign any part of this Agreement without MZpack's prior written consent. MZpack may assign this Agreement at any time with notice to Affiliate.
By submitting an application to the Affiliate Program, you affirm that you have read this Agreement in its entirety and agree to be bound by all its terms and conditions.