Affiliate Area

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 the MZpack’s general Terms of Use and Privacy Policy, collectively “Terms”, the following additional rules are incorporated into those Terms and apply to you as an Affiliate.

Affiliate Policy – Terms and Conditions

1. 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.

2. Definitions

“Account” means Affiliate’s account within www.mzpack.pro.

“Act” means the federal CAN-SPAM Act of 2003.

“Affiliate” means the business, individual, or entity applying to or participating in the Affiliate Program, or that displays MZpack’s products and services and/or promotions on its website, or by other means, using an affiliate tracking code in exchange for receiving a commission from MZpack for Clients directly resulting from such display.

“Affiliate Program” refers to MZpack’s Affiliate Program; www.mzpack.pro/affiliate-area.

“Agreement” refers to the Affiliate Program Operating Agreement.

“Client” means each user referred to MZpack from Affiliate through a Link that provides valid account and billing information.

“Commission” means the amount you will be paid for each Qualified Action by a Client that you refer to MZpack subject to and pursuant to the terms of this Agreement. As an Affiliate, you will be compensated by receiving a percentage of your Clients’ purchases.

“Affiliates plug-in” means the affiliate network software utilized by MZpack.

“Links” means graphic and textual links to the Program Web Site.

“Media” means websites owned or controlled by you, social network account owned by you, social network groups controlled by you, e-mails sent by you and clearly identified as coming from you and online advertisements where you display the Links and other materials made available to you via the Affiliate Program.

“Network” means networks outside of MZpack that are maintained by Affiliates.

“Objectionable Content” means any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, gender, race, ethnicity, nationality, sexual preference, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that MZpack informs you that it considers objectionable.

“Offer” means a product or web page to which MZpack’s Affiliates drive traffic.

“Personal Data” means any information relating to an identified or identifiable natural person.

“Program Web Site” refers to MZpack’s web site; https://www.mzpack.pro/.

“Qualified Action” means an individual person who accesses the Program Web Site via the Link, where the Link that is the last link to the Program Web Site (i) is not a computer-generated user (such as a robot, spider, computer script or other automated, artificial or fraudulent method designed to appear like an individual, real live person, (ii) is not using pre-populated fields, (iii) completes all of the information required for such action within the time period allowed by MZpack, and (iv) is not later determined by MZpack to be fraudulent, incomplete, unqualified, or a duplicate.

“Third Party Affiliate” means those affiliates in Affiliate’s Network.

“MZpack” means IB Zhelnov M.P. (Russia).

3. Obligations of the Parties

A. Subject to your acceptance into the Affiliate Program, and your continued compliance with the terms and conditions of this Agreement, MZpack agrees as follows:

����(1) We will make Links and other materials available to you via the Affiliate Program which you may display on websites owned or controlled by you, social network account owned by you, social network groups controlled by you, in e-mails sent by you and clearly identified as coming from you, and in online advertisements (collectively, “Media”). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.

����(2) We will pay Affiliate for each Qualified Action (the “Commission”).

����(3) We will pay you any Commissions earned on a quarterly basis, provided that your Account is currently greater than $50. Accounts with a balance of less than $50 will roll over to the next quarter, and will continue to roll over monthly until $50 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action. Commissions for Qualified Action are counted in the current quarter if thirty (30) days were passed from the date of such Qualified Action. In the opposite case, the Commissions will roll over to the next quarter.

����(4) Payment for Commissions is dependent upon Clients providing such funds to MZpack and, therefore, you agree that MZpack shall only be liable to you for Commissions to the extent that MZpack has received such funds from the Clients. You hereby release MZpack from any claim for Commissions if MZpack has not received such funds from the Clients.

����(5) MZpack shall perform a transfer of the funds upon request from the Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by MZpack in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to MZpack in writing and in sufficient detail within thirty (30) days of the date on the payout. If Affiliate does not dispute the payout as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that payout. Commissions will be paid within ten (10) days of the end of the calendar quarter.

����(6) Commissions are paid to Affiliate either via PayPal or Bitcoins. Affiliate is responsible for the transfer fee (which will be taken from the Commission).

����(7) MZpack reserves the right to offset refunds against Commissions and against future Commissions for those Qualified Actions on which Affiliate has already been paid a Commission. If a refund has been issued to a Client, we do not pay Commission for the Client. Commission is determined each quarter by calculating the total Qualified Actions minus any refunds.

����(8) Please refer to MZpack’s Privacy Policy for additional information regarding MZpack’s collection of your personal information in order to process payments.

����(9) If Affiliate has an outstanding balance due to MZpack under this Agreement or any other agreement between the Affiliate and MZpack, whether or not related to the Affiliate Program, Affiliate agrees that MZpack may offset any such amounts due to MZpack from amounts payable to Affiliate under this Agreement.

����(10) Affiliate shall be responsible for all taxes and other similar levies as required by any law or regulation.

����(11) Affiliate understands that payment tracking can never be 100% accurate and this may be affected by events beyond our control, such as customers not accepting cookies or other mechanisms through which Affiliate’s Qualified Actions are tracked. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide MZpack with Affiliate’s reports within three (3) days after the last day of the calendar month, and if MZpack’s and Affiliate’s reported statistics vary by more than 10% and MZpack reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then MZpack and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then MZpack’s numbers shall govern.

B. Subject to our acceptance of you as an Affiliate and your continued compliance with the terms and conditions of this Agreement, you also agree to:

����(1) Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.

����(2) Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party, and (iii) do not contain or link to any Objectionable Content.

����(3) Not make any representations, warranties or other statements concerning MZpack, Client, or any of their respective products or services, except as expressly authorized herein.

����(4) Ensure that your Media does not copy or resemble the look and feel of the Program Website. Unless you obtain prior written permission from us, your Media may not create the impression that your Media is endorsed by MZpack or Clients, or that your Media is a part of the Program Web Site.

����(5) Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media, or your use of the Links.

����(6) Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program including, but not limited to, e-mail providers, social networking services and ad networks.

����(7) Always prominently post and make available to end-users a privacy policy. This privacy policy should be posted and implemented prior to your collection of any Personal Data from end-users. Your privacy policy is required to be in compliance with all applicable laws and should clearly and thoroughly disclose all information collection, use, and sharing practices, including providing for the collection of such Personal Data in connection with the Affiliate Program and the provision of such Personal Data to MZpack and Clients for use as intended by MZpack and Clients. If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries. For example, you will comply with the European Union General Data Protection Regulation 2016/67 (“GDPR”) if you are conducting business in, taking orders from, or collecting Personal Data from persons in one or more of the European Union countries.

����(8) Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by MZpack or Client, or as required by applicable laws regarding such Offers.

����(9) Make sure to not place MZpack ads on any online auction platform (e.g., eBay, Amazon, etc.).

C. The following additional program-specific terms shall apply to any promotional programs set forth below:

����(1) E-mail Campaigns. E-mail must be sent on your behalf and must not imply that the e-mail is being sent on behalf of MZpack.

����(2) Opt-Outs. If any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to MZpack at support@www.mzpack.pro.

����(3) Advertising Campaigns. Affiliate cannot place Links that appear to be associated with MZpack in chat rooms, bulletin boards or coupon sites unless Affiliate obtains prior written approval from MZpack.

����Any client-side ad serving software used by Affiliate shall only have been installed on an end-user’s computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement, and the software be easily removed according to generally accepted methods.

����(4) Affiliate Network Campaigns. For each Affiliate’s that maintain its own affiliate network(s), Affiliate agrees to place the Links in its affiliate network (the “Network”) for access and use by those affiliates in Affiliate’s Network (each a “Third Party Affiliate”). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement.

In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to MZpack the identity and contact information of such Third Party Affiliate. Upon written notice from MZpack, Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate its access to future Offers of MZpack in the Network. Affiliate represents and warrants that MZpack has been provided with all truthful and complete contact information for a Third Party Affiliate and that such Third Party Affiliate has affirmatively accepted this Agreement.

Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.

I. Confidentiality

Except as otherwise provided in this Agreement or with the consent of MZpack, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, Commissions, Client and vendor lists, and pricing and sales information, concerning MZpack or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret for a period of two (2) years following your termination of the Agreement (whether or not the Agreement is terminated by you or MZpack). This information shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.

II. Limited License & Intellectual Property

We grant 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 through the Program Web Site. All proprietary information, trademarks, trade secrets, copyrights and all other similar rights in and arising out of our services are, and shall continue to be, 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 owned by, or licensed to, MZpack in any way. You are only entitled to use the Links to the extent that you are a participant in good standing of the Affiliate Program. We may revoke your license at any time by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of MZpack’s trademarks, service marks, copyrights, patents or trade secrets. You agree that MZpack may use any suggestion, comment or recommendation you choose to provide to MZpack without expectation of or entitlement to payment of compensation by MZpack. All rights not expressly granted in this Agreement are reserved by MZpack.

III. Termination

This Agreement shall commence on the date your Affiliate Program application is approved and shall continue until terminated as provided in this Agreement. Either party may terminate this Agreement at any time, with or without cause.

You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media and deleting all copies of the Links. We may terminate your participation in one or more Offers or pursuant to this Agreement at any time and for any reason by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or pursuant to this Agreement you will immediately cease all use of and delete all Links or additional materials or resources provided to you during the course of your participation in the Affiliate Program. Additionally, you agree to discontinue use of all MZpack or Client intellectual property. Upon termination by either party, you will cease representing yourself as an Affiliate.

We reserve the right to revise or terminate the Affiliate Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.

All rights to validly accrued payments, causes of action and any provisions will survive any termination.

7. Independent Contractor

Affiliate is an independent contractor under this Agreement and shall act exclusively as an independent contractor, and is not an employee or agent of MZpack. Nothing in this Agreement shall create a partnership, joint venture, association, franchise, or employment relationship between the parties. Affiliate shall not sign any document in MZpack’s name or on MZpack’s behalf, nor shall Affiliate hold itself out as being an agent of MZpack or as having apparent authority to contract for or bind MZpack to any contract.

8. Remedies

In addition to any other rights and remedies available to us under this Agreement, MZpack reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge-back paid Commissions to your account if (i) MZpack determines that you have violated this Agreement, (ii) MZpack receives any complaints about your participation in the Affiliate Program which MZpack reasonably believes violates this Agreement, or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or the Affiliate Program. Such withholding or freezing of Commissions, or charge-backs for paid Commissions, shall be without regard to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, MZpack reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or to any third party that has been directly damaged by your actions.

9. Anti-Spam Policy

You must strictly comply with the Federal CAN-SPAM Act of 2003 (the “Act”). All e-mails sent in connection with the Affiliate Program must include the appropriate party’s opt-out link. From time to time, we may request that prior to you sending any e-mails containing links or references to the Affiliate Program, you submit the final version of your e-mail to MZpack for approval by sending it to your MZpack representative. In this case, once you receive written approval from MZpack, you may send the approved e-mail to third parties.

It is solely your obligation to ensure that the e-mail complies with the Act. You agree not to rely upon MZpack’s approval of your e-mail for compliance with the Act, or assert any claim that you are in compliance with the Act based upon MZpack’s approval.

10. Federal Trade Commission Compliance

MZpack requires you to follow all Federal Trade Commission guidelines when endorsing our company and product. This means conspicuous disclosure on your website of any compensatory relationship.

11. Fraud

You are expressly prohibited from using any persons, means, devices, or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with Clients through the Links or the generation of Commissions, or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts, or click-fraud. MZpack shall make all determinations about fraudulent activity in its sole discretion.

12. Non-Disparagement

The Affiliate understands and agrees that as a condition of the monetary consideration tied to this Agreement, during the term of the Agreement and for two (2) years after termination, you shall not make any false, disparaging or derogatory statements in public or private to any person or media outlet regarding MZpackor any of its directors, officers, related business entities, employees, agents, or representatives or the Company’s business affairs or financial condition. Nothing in this section shall prohibit you from communicating or testifying truthfully (i) to the extent required or protected by law, (ii) to any federal, state, or local governmental agency, or (iii) in response to a subpoena to testify.

13. Representations and Warranties

You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, MZpack represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to MZpack’s own business operations or MZpack’s proprietary products or services.

14. Modifications

We may modify any of the terms and conditions of this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which such modifications become effective. We will provide you notice of any modifications by e-mail. The modifications will become effective ten (10) business days after such notice. Modifications may include, but are not limited to, changes in the Commissions, Commission amounts or percentage, payment procedures, and Affiliate Program rules.

If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Such termination must occur within ten (10) business days after notification is provided to you by e-mail. Your continued participation in the Affiliate Program following notification of the modification will constitute binding acceptance of the change.

In addition, MZpack may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from MZpack to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.

15. Independent Investigation

You acknowledge that you have read this Agreement and agree to all of its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.

16. Mutual Indemnification

Affiliate hereby agrees to indemnify, defend and hold harmless MZpack and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or MZpack or Client intellectual property, or (iii) any claim related to your Media including, but not limited to, the content contained on such Media (except for the Links).

MZpack hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees and costs) based on a claim that MZpack is not authorized to provide you with the Links.

17. Disclaimers

THE AFFILIATE PROGRAM, THE PROGRAM WEB SITE, AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE “AS IS”. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, MZPACK EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. MZpack DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE’S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. MZpack EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF ANY AFFILIATE OR CLIENT OR THEIR PRODUCTS OR SERVICES. MZpack DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS. MZpack MAY DISCONTINUE ANY PORTION OF THE AFFILIATE PROGRAM, OR MAY CHANGE THE NATURE, FEATURES, SCOPE, OR OPERATION OF THE AFFILIATE PROGRAM FROM TIME TO TIME IN ITS SOLE DISCRETION.

NEITHER MZPACK NOR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, RELATED ENTITIES, EMPLOYEES, AGENTS OR PARTNERS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (I.) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE; (II.) ANY INVESTMENTS, EXPENDITURES OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM; OR (III.) ANY TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT, OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.

FUTURES AND FOREX TRADING HAS LARGE POTENTIAL REWARDS, BUT ALSO LARGE POTENTIAL RISK. YOU MUST BE AWARE OF RISKS AND BE WILLING TO ACCEPT THEM IN ORDER TO INVEST IN THE FUTURES AND FOREX MARKETS. DON’T TRADE WITH MONEY YOU CAN’T AFFORD TO LOSE. THIS IS NEITHER A SOLICITATION NOR AN OFFER TO BUY/SELL FUTURES, FOREX, STOCKS, OPTIONS OR THE SAME. NO REPRESENTATION IS BEING MADE THAT ANY ACCOUNT WILL OR IS LIKELY TO ACHIEVE PROFITS OR LOSSES SIMILAR TO THOSE DISCUSSED IN THIS DOCUMENT. THE PAST PERFORMANCE OF ANY TRADING SYSTEM OR METHODOLOGY IS NOT NECESSARILY INDICATIVE OF FUTURE RESULTS.

18. Limitation of Liability

IN NO EVENT SHALL MZPACK NOR ANY OF OUR AFFILIATES, OFFICERS, DIRECTORS, RELATED ENTITIES, EMPLOYEES, AGENTS OR PARTNERS BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF MZpack. IN NO EVENT WILL MZpack BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT MZpack HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. MZPACK’S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID IN COMMISSIONS TO AFFILIATE BY MZpack DURING THE THREE (3) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.

19. ARBITRATION

You and MZpack mutually agree to resolve any justiciable disputes between you and MZpack, including any 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.

20. Governing Law; & Miscellaneous

Affiliate shall be responsible for the payment of all attorneys’ 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, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that MZpack shall not be subject to or bound by any representations made by Affiliate (written or otherwise) that amend, conflict with or supplement this Agreement, regardless of whether MZpack “clicks through” or otherwise indicates its acceptance thereof. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.

Affiliate may not assign all or any part of this Agreement without MZpack’s prior written consent. MZpack may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Sections 3(B), 4, 8, 12, 13, 16 through 20, and any accrued payment obligations, shall survive the termination of this Agreement. Affiliate may not modify this Agreement without the prior written consent of MZpack.

By submitting an application to the Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that he or she has the legal capacity and authority to bind such business entity to this Agreement.

Last Modified: February 2020