1. Summary of Services
Kickbooster is a website and service of Kickbooster Inc. or its subsidiaries (“we”, “our” or “us”). Kickbooster is a tool for Crowdfunding Campaign Admins to use to help spread the word about their campaign and ultimately increase funding. A “Campaign Admin” is an individual or entity that is setting up or otherwise managing a Campaign through our Services.
Kickbooster is also a tool for affiliate participants to earn a commission for promoting crowdfunding campaigns (“Affiliate Users”).
2. Acceptance of Terms
2.3. Your Account
Feel free to browse our site as much as you’d like without registering an account. In order to use our Service, you will need to create an account, in which you are agreeing to the following:
- The Services offered by Kickbooster are directed towards and designed for the use of persons above the age of majority in your province, state, or country. We will not knowingly approve applications of, or establish, or maintain accounts or memberships for, any persons below their respective region’s age of majority.
- You are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement.
- The name identified by you when you registered is your name or business name under which you are most commonly known by or under which you sell products and services.
- You are a human. Accounts created by automated methods are not permitted.
- The name you have provided is not offensive and does not violate anyone’s rights.
You’re responsible for all activity on your account as well as for keeping your password confidential. If you find that someone has used your account without permission, you should report it to [email protected] Kickbooster will not be liable for any loss, damage or other liability arising from your failure to comply with this section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to the account ownership, Kickbooster will be the sole arbiter of the dispute. Kickbooster may choose to terminate or suspend any accounts subject to dispute.
3. Nature of Relationship
Kickbooster is not a marketing agency or marketing firm, and Kickbooster makes no covenants to promote Campaign Admins’ campaign(s). The success of the Services for any Campaign Admin depends on the quality of the campaign(s) and the Campaign Admin getting the word out about their pre-launch page and/or referral program. We provide a software product for Campaign Admins and Affiliate Users to use to manage Affiliate Users, clicks, pledges and commissions. Campaign Admins may market their campaign(s) on our website. We also handpick campaigns we promote on our own social media, newsletters and blogs. If we do promote a campaign, we will use our own Affiliate User link which will generate the same commission offering as the campaign applies in their settings page.
You agree that Kickbooster is only acting as a passive conduit for your activities on the Service, and that no guarantees are made as to the success of your activities. This is so even in the event that you receive specific support from us in relation to your activities on the Service. We want to help you where we can, but you accept our help on an ‘as-is’ basis, without any representations or promises as to its benefit.
Kickbooster is not a bank or money services business (“MSB”) and Kickbooster does not offer banking or MSB services as defined by the United States Department of Treasury.
Kickbooster will not provide any Campaign Admin with contact information that is not publicly available for any Affiliate User unless otherwise approved by the Affiliate User.
4. Things you definitely shouldn’t do
If you do anything in the below list, intentionally or unintentionally, Kickbooster may terminate your account:
- Don’t use our service, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner so as to interfere with the normal operation of our service.
- Don’t describe or assign keywords to your campaign that might be misleading or unlawful, including in a manner intended to trade on the name or reputation of others.
- Don’t break the law. Just don’t!
- Don’t post false or misleading information or do anything deceptive or fraudulent.
- Don’t threaten, abuse, harass, or invade another person’s privacy.
- Don’t SPAM! Don’t distribute unauthorized advertising or promotional material. Don’t run any kind of auto-responder or spam on or through our site.
- Don’t distribute software viruses, malware, trojans, or any other type of malicious code or data (code, films, programs) designed to interfere with the proper or secure function of any software, hardware, or equipment on the Site (whether it belongs to Kickbooster or another party) or users of your services.
- Don’t bypass, or attempt to bypass, any measures we’ve put in place to secure the Services.
- Don’t try to get unauthorized access to any system, data, password, or other information, whether it belongs to Kickbooster or another party.
- Don’t do anything that will cause an unreasonable load on our infrastructure, or on our third-party providers. We reserve the right to determine what’s reasonable.
- Don’t use any software or device to “crawl” or “spider” any part of the site.
- Don’t try to take apart or reverse engineer any aspect of Kickbooster in an effort to access anything like source code, underlying ideas, or algorithms.
- Don’t engage in any activity that interferes with or disrupts the Service.
- Don’t exploit, harm or attempt to exploit, or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- Don’t impersonate or attempt to impersonate Kickbooster, a Kickbooster employee, another user or any other person or entity (including, without limitation, by using email addresses or profile names associated with any of the foregoing).
- Don’t engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm Kickbooster or users of the Services or expose them to liability.
- Don’t do anything that has the potential to cause a harm to any of Kickbooster’s goodwill or the goodwill associated with any of Kickbooster’s products or services
- Don’t use any automatic or manual process to monitor or copy any of the material on the Service or for any other unauthorized purpose, including but not limited to communications related to it without our prior written consent.
- Don’t use any device, software, or routine that interferes with the proper working of the Services.
- Don’t introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Don’t attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
5. Acceptable Uses
Your use of the Service must comply with all applicable laws, regulations and ordinances, including any applicable tax laws and regulations.
Kickbooster reserves the right to enforce quotas and usage limits (to any resources, including the application programming interface) at its sole discretion, with or without notice, which may result in Kickbooster disabling or throttling your usage of the service for any amount of time.
6. Campaign Admins
If you are a Campaign Admin, this section applies to you.
6.1. Your Account Authorization and Set Up
When you register a campaign with Kickbooster, you are either the Campaign Admin or an authorized user to register the campaign through our tool.
As part of Kickbooster’s Pledge Validation feature, all Kickstarter Campaign Admins are required to provide Kickbooster ([email protected]) with collaborator access with fulfillment permissions for their campaign. Through collaborator access, Kickbooster can validate the status of a backers pledge in order to prevent the commissions on failed charges. Editor rights to a campaign are not a requirement.
All Indiegogo Campaign Admins are required to add Kickbooster ([email protected]) as a Team Member in order for us to verify the validity of the pledges that are made through Kickbooster. Editor rights to your campaign are not a requirement.
6.2. Offering Rewards
Affiliate Users will earn a commission on authorized transactions when a sale is placed by a customer who follows a link from the Affiliate User’s site to the Campaign Admin’s site. The Campaign Admin will only pay commission on qualifying sales subject to resolution of all outstanding voids.
You agree that Kickbooster may act on your behalf to amend the commission offering for all or specific Affiliate Users if we have received your written confirmation of the percentage offering. To clarify, there may be times when a higher reward has been negotiated for a specific Affiliate User via email communication with the Campaign Admin. If we are advised of an agreed amount, we may log in to ensure the agreed amount is set up accordingly.
6.3. Subscription Invoicing
Kickbooster charges a monthly subscription fee of $29.00 which gives you access to our entire suite of products. In order to activate your Kickbooster account, you will need to connect a valid credit card. Once connected, your credit card will be charged instantly for the first month’s subscription. Invoices will be available within your Kickbooster account.
When transitioning a Kickbooster campaign to Indiegogo InDemand, Campaign Admin’s agree to a minimum 2 month subscription.
See ‘Processing Funds, Payouts and Fees’ for further details.
6.4. Affiliate User Commission Invoicing
Kickbooster will invoice Campaign Admin’s for any pledges made through Kickbooster affiliate links. Commissions are determined solely from the statistics collected by Kickbooster. In the event you have a bona fide dispute regarding the amount of commissions and/or any errors in statistics and/or tracking, the parties agree to work in good faith to resolve such dispute(s).
6.4.1 Kickstarter and Indiegogo crowdfunding Campaigns
Kickbooster will issue an Affiliate Fees invoice the Campaign Admin at the end of the campaign where the campaign meets their funding goal, or in the case of a completed Indiegogo Flex Funding campaign with funds raised through Kickbooster. If the Fixed funding campaign fails to meet their funding goal, commission fees are void. The amount stated on the invoice will be a calculation of the Affiliate User commissions plus 3% Kickbooster fee based on the total amount pledges through Kickbooster Affiliate Links while the campaign was live.
The credit card on file will be charged twenty one (21) days after the invoice issue date.
If the processing of payment fails, the Campaign Admin agrees to manually process payment to Kickbooster within five (5) business days.
6.4.2 Indiegogo InDemand Campaigns
Kickbooster will issue a monthly Affiliate Fees invoice to the Campaign Admin for any pledges made through Kickbooster 4+ weeks prior. The invoice will be charged on the same day as issue.
If an InDemand campaign ends their campaign on Indiegogo, all remaining commissions will be invoiced shortly after the campaign is over and will be charged 21 days later.
If the processing of payment fails, the Campaign Admin agrees to manually process payment to Kickbooster within five (5) business days.
6.5. Payment Processor
6.6. Campaign Admin’s Representations and Promises
When a Campaign Admin registers an account with Kickbooster, Kickbooster requires that each Campaign Admin agrees to the following (where “you” and “your” refers to the applicable Campaign Admin):
- You will fulfill all of your obligations to each Affiliate User that raises any amount of funds towards your campaign through Kickbooster.
- You will resolve any consumer dispute or complaint directly with the Affiliate User. If an Affiliate User has a complaint about your campaign or outstanding commissions, we may advise them to liaise with you directly and will not be responsible for the result of any dispute arising between you and a Affiliate User.
- You own or have a legal right to use the Member Content (as defined below) with the Services so as not to infringe upon the Intellectual Property Rights (as defined below) of others. “Member Content” means the content a Campaign Admin uses to create and manage a Campaign, and the content any user with a Kickbooster account provides to a Campaign on the Services, including posts or comments or questions on, feedback about, contributions to, or other information provided to, a Campaign or the Services. “Intellectual Property Rights” means all worldwide rights in patents, trademarks, trade names, service marks, copyrights, trade secrets, publicity, goodwill, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals, and extensions thereof.
- You understand that you are responsible for all actions taken by visitors to Campaign Admin’s Kickbooster site and Affiliate Users. Kickbooster has no responsibility or obligation to police comments, content, or purchase behavior occurring on your Kickbooster site.
- You understand that Kickbooster is not responsible in any way for any cancelled pledges that may occur before, during or after your subscription with Kickbooster or as a result of your subscription with Kickbooster.
7. Affiliate Users
You are an “Affiliate User” if you are setting up or otherwise managing unique URLs through our Services and driving traffic to our Campaign Admin accounts. If you are an Affiliate User, this section applies to you.
7.1. Affiliate User Responsibility and Understanding
- You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to. We cannot stress this enough, we WILL terminate your account on the first offense.
- You may place banners or links within your content on your owned and operated (i) newsletters, (ii) websites, (iii) social media accounts, (iv) or within other web related content and platforms that you own, control and/or manage (collectively, the “Affiliate User Properties”).
- The Affiliate User Properties (defined above) will not contain pornographic content, and will not facilitate, advocate, or promote hate or discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability.
- Fraud is a serious offense, and will be treated as such. Fraud is defined as any action that intentionally, directly or indirectly, attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts or manually “refreshing” of pages, for the primary purpose of creating commissions. ANY ATTEMPTED FRAUD WILL RESULT IN TERMINATION AND VOID COMMISSIONS.
- If fraudulent or suspicious activity takes place through your affiliate link(s), we will remove transactions and commissions without notice.
- When a campaign ends, the Campaign will automatically close and no more contributions will be accepted for the Campaign.
- We may email you concerning Campaign Admin programs.
- All statistics are collected and calculated by Kickbooster.me and will be the only valid stats for determining commissions.
- As an Affiliate User, you can only have one (1) account. You can participate in multiple campaigns in one account, but only one account is allowed.
- When any non-monetary rewards in exchange for campaign contributions (“Perks” or “Rewards”) are offered by a Campaign Admin, the delivery and characteristics of such Perks are a promise between you (as an Affiliate User) and the Campaign Admin. We do not represent, warrant, or guarantee Perks will be delivered or be satisfactory to you, and we disclaim all warranties relating to Perks. We are not liable to any user of the Services if Perks are not delivered, or are not as described, by the Campaign Admin. Any dispute you may have in respect of a Perk or Reward shall be resolved directly between you and the Campaign Admin.
- Once a campaign is over, you agree that your affiliate link can be directed to a new site of the Campaign Admin’s choosing, whether it be their website, Late Backer Page or eCommerce store.
All commissions are paid out in U.S. Dollars. Commissions (Affiliate User earnings) are only eligible to be collected from the Campaign Admin and paid to you when a Campaign reaches or exceeds the crowdfunding goal amount. If a Campaign Admin’s crowdfunding campaign is unsuccessful in reaching its crowdfunding goal, no Affiliate User commission will be paid out to you as an Affiliate User by the Campaign Admin.
Once a Campaign Admin’s crowdfunding campaign is over, if funding is successful, Kickbooster will invoice the Campaign Admin for commissions that are payable by it. Once payment is received by Kickbooster, applicable commissions payable to Affiliate Users will be paid out by Kickbooster on the 1st and 15th of each month, or the following business day. You will be paid your commissions at such time as your account balance is $20 USD or more.
Kickbooster will not be liable for the payment of commissions to Affiliate Users if Kickbooster does not receive payment for same from the Campaign Admin.
No commissions will be payable by Campaign Admins to Affiliate Users in respect of pledges that were unsuccessfully charged by the relevant crowdfunding platform upon the first attempt, regardless of whether or not there are additional charging attempts with respect to that pledge at a later time. Kickbooster does not invoice Campaign Admins in respect of such pledges.
In the event of a Void (as defined below) applied for by a Campaign Admin and approved by Kickbooster, Kickbooster may recover from you the corresponding Commission previously credited to your account. The Void commission will be immediately deducted from your account balance (if any). In the event that your account balance is less than the Void commission, the Void commission will be deducted against your future earnings.
7.3. Payment Processor
7.4. Commission Rates
Campaign Admins can choose what commission percentage it offers to Affiliate Users. It is up to the Affiliate User to review the reward offering when choosing to promote a Campaign.
Kickbooster may act on behalf of Campaign Admin(s) if Kickbooster has received Campaign Admin(s)’ written confirmation of such amended offering.
8. Processing Funds, Payouts & Fees
8.1. For Campaign Admins
- Monthly subscriptions will remain active and will be charged until cancelled by the Campaign Admin (or otherwise by Kickbooster as provided for herein). Subscriptions are not automatically cancelled when a crowdfunding campaign is over.
- All sales are final and payments are non-refundable. There will be no refunds or credits for partial months of service and no refund will be provided for the time of which you do not use our Services. If you choose to cancel your subscription, the last credit card payment will not be refunded or adjusted, and no other refunds will be provided.
- We are not responsible for any error or omission in the name, mailing address, or destination account information you provide, or for any errors, bugs, or other problems of Slide.
- You acknowledge and agree that any credit card and related billing and payment information that you provide to Kickbooster may be shared by Kickbooster with companies who work on Kickbooster’s behalf, such as payment processors and/or credit agencies, solely for the purposes of checking credit, effecting payment to Kickbooster and servicing your account.
- Kickbooster may change its fees and payment policies for the Service by notifying you at least thirty (30) days before beginning of the billing cycle in which such change will take effect. Changes will be posted to www.kickbooster.me or the main campaign administration area. Such changes may impact existing Campaigns on a going forward basis.
- Any transaction submitted by you will represent or be backed by bona fide transaction for permitted products or services, or a charitable donation.
- All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future.
8.2. For Affiliate Users
Kickbooster is free of charge for Affiliate Users. In fact, you can make money by using Kickbooster.
We are not responsible for any error or omission in the name, mailing address, or destination account information you provide, or for any errors, bugs, or other problems of Paypal.
You are solely responsible for any and all applicable taxes associated with transactions on Kickbooster sites.
9. Cancellation and Termination
You will not receive any refunds if you cancel your account.
If you cancel the Service before the end of your currently paid up month, your cancellation will take effect immediately and you will not be charged again.
If your monthly subscription fee fails to process and is not successfully remitted within five (5) days, your account may be deactivated without further notice, regardless of the dollar amount. Any Kickbooster pages you have opened will no longer be accessible. You agree to pay any outstanding balance in full within twenty one (21) days of your campaign's end date.
If a Campaign Admin chooses to disable one or more of its Kickbooster pages, any Affiliate User links generated during such campaign will remain active and eligible for the commission reward the Campaign Admin setup for each applicable Affiliate User. Tracking will continue until the campaign is over and if the campaign is successful, the Campaign Admin will be invoiced for any commissions generated by the existing Affiliate Users as well as the 3% Kickbooster fee. A Campaign Admin cannot cancel their subscription until all outstanding Affiliate User fees have been paid. A Campaign Admin also cannot cancel the subscription while a campaign remains in progress if any Affiliate User links have been generated for its campaign. This is for the security of Affiliate Users who have spent time to promote the campaign(s). Indiegogo InDemand campaigns must commit to a minimum of 2 months of their referral program and subscription, at which point they can choose to cancel and end their program. Affiliate Users acknowledge that no new commissions can generate beyond that point.
You agree that Kickbooster, in its sole discretion and for any or no reason, may terminate or suspend your account. You agree that any termination of your access to the service may be without prior notice, and you agree that Kickbooster will not be liable to you or any third party for such termination.
Upon termination or expiration of this Agreement, no new commissions will be earned by you. Kickbooster will pay to you, in accordance with the payment provisions in this Section and in Sections 7 and 8, any commissions earned by you as of the termination effective date.
An “abandoned account” is any account that has not been logged in to for a period of 6 months, and where no transactions been posted to that account throughout that period. If there is a payout balance sitting on an abandoned account due to issues out of our control, such as a lack of PayPal account information, PayPal terms, or payment error, we will clear the balance owing for all abandoned Affiliate User accounts.
10. External Resources
Kickbooster uses services through Stripe and PayPal for commissions payment processing. When you work with Kickbooster, you’re also agreeing to those companies’ terms of service for processing funds.
Kickbooster also connects to the Google Analytics account setup on your Kickstarter and/or Indiegogo page. By using Kickbooster, you agree that Kickbooster can connect to your account to pull all necessary tracking information. Without that, our service won’t work. All Campaign Admins must connect, and stay connected, at all times to Google Analytics on their crowdfunding page, and use best efforts to promptly restore connection where lost.
Affiliate Users acknowledge and agree that Google Analytics may disconnect, and that it is the responsibility of the Campaign Admin, and not Kickbooster, to restore said connection.
We do not store your credit card information.
12. Intellectual Property
12.1. Your Intellectual Property
- We can use the content you’ve submitted. You grant to us, and others acting on our behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content.
- When we use the content, we can make changes, including without limitation editing or translating it.
- You won’t submit stuff you don’t hold the copyright or other applicable intellectual property ownership rights or license for (unless you have written permission). Your content won’t contain third-party copyrighted material, or material that is subject to other third-party proprietary rights of any kind, unless you have written permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Kickbooster all the license rights outlined here).
- Any royalties or licensing on your content are your sole responsibility.
- You promise that if we use your content, we’re not violating anyone’s rights, copyrights or other intellectual property rights of any kind.
- We’re not responsible for mistakes in your content. Kickbooster will not be liable for any errors or omissions in any content.
Kickbooster acknowledges and agrees that you retain all right, title, and interest (including, without limitation, all Intellectual Property Rights) in and to all of your Affiliate User Properties, content, materials, technology, or similar, and, except as expressly provided for in this Agreement, Kickbooster acquires no right, title, or interest, in and/or to same, other than licenses or consent to use of such Affiliate User Properties that you may grant to Kickbooster from time to time.
You acknowledge that Kickbooster may use your name and logo(s) in connection with its marketing and promotional materials, including without limitation marketing and promotion to prospective Campaign Admins, and you grant a non-exclusive, non-transferable, non-sublicensable, revocable, limited license and right for the duration of your membership with Kickbooster to the use of your name in such manner.
12.2. Kickbooster's Intellectual Property
Kickbooster’s Services are legally protected in various ways. You agree to respect all copyright, other intellectual property rights and other legal notices, information, and restrictions contained in any content contained on or accessed through the Site. You also agree not to change, translate, or otherwise create derivative works of the Service.
Kickbooster grants you limited authorization to reproduce certain content from the Services, only on the consent of Kickbooster described below. This authorization may cover both Kickbooster’s own protected content and user-generated content on the Site. If you want to use, reproduce, modify, distribute, or store any of this content for a commercial purpose, you need prior written permission from Kickbooster or the relevant copyright or other intellectual property right holder. A “commercial purpose” means you intend to use, sell, license, rent, or otherwise exploit content for commercial use of any kind, in any way. For the avoidance of doubt, this section does not apply to Affiliate User links that may be generated in connection with a Campaign Admin’s campaign(s).
Kickbooster grants you a non-exclusive, non-transferable, non-sublicensable, revocable, limited license and right for the duration of your membership with Kickbooster, subject to the terms of this Agreement, to (i) participate in the Affiliate User marketing network, including use of Affiliate User links that may be generated in connection with a Campaign Admin’s campaign(s) and other features of the Services, (ii) access your account and other areas and features of the Service reasonably necessary for your participation in the network, and (iii) download and use any reports, feedback, or other information that may be provided to you by Kickbooster.
12.3. Open Source Components
12.4. Third Party Tools
Kickbooster may make available “Third Party Tools”, which may not monitor or control. You accept these Third Party Tools “as-is” without any warranties, representations, guarantees or conditions of any kind and without any endorsement, and you agree that Kickbooster has no liability of any kind arising from or relating to your use of the “Third Party Tools”. You accept all risk associated with using a Third Party Tool, even if you receive direct support or assistance from Kickbooster in selecting, implementing, or operating the “Third Party Tool”. As an Affiliate User, the only Third Party Tool that would be used in connection to our service would be Google Analytics. Kickbooster must connect to the Campaign Admin’s Google Analytics in order to track clicks, pledges, adjustments and cancellations through each Affiliate User’s link. Kickbooster agrees that any and all Third Party Tools will be clearly identified as such. Your use of any Third Party Tools will be on the terms and conditions associated with those Third Party Tools, and you agree to be bound by such terms and conditions should you choose to use any Third Party Tools.
You do not have and do not obtain rights of any kind in or to any subdomain name on the Service by any means. At our sole discretion, we retain the right to withdraw the availability of a subdomain name to you at anytime, whether or not you are using it.
We always appreciate your feedback or other suggestions about our Services (“Feedback”). You shall retain all rights in and to the Feedback, subject to the grant to Kickbooster or a worldwide royalty-free license to use the Feedback strictly as part of our business activities, without any obligation to compensate you for them. For certainty, should Kickbooster use the Feedback to in any way improve or modify the Service, you shall not have any right or title to the product of such improvement or modification, and shall not have any entitlement to compensation in connection with same. You can email your feedback to [email protected]
During the Term, the parties and their respective officers, employees, agents, and representatives (“Representatives”) may gain access to certain confidential and proprietary information relating to the other party and its business or activities and/or the business or activities of certain third parties, including without limitation, customer lists, pricing and sales information, information and data collected from the respective party’s site(s) (including without limitation, with respect to activities and traffic on such site(s)), source codes, designs, technical information, existing and potential marketing and business plans, reports, and the like (“Confidential Information”). The parties agree that Confidential Information is identified as such before being shared between parties. The parties agree, for themselves and their Representatives, that all Confidential Information provided or produced by the parties in connection therewith is confidential and shall not be disclosed to any third party, except as required by law (provided that the receiving party will disclose only such information as is legally required, will use reasonable efforts to obtain confidential treatment for any Confidential Information that is so disclosed and will advise the disclosing party of the compelled disclosure far enough in advance to allow the disclosing party adequate time to obtain a protective order in respect of such Confidential Information), or with the disclosing party’s prior written approval. Confidential Information will not include information that (i) was in the receiving party’s possession prior to receipt from disclosing party, (ii) is or enters into the public domain through no fault of receiving party, (iii) is rightfully received by the receiving party from a third party without a duty of confidentiality, (iv) is disclosed by the disclosing party to a third party without a duty of confidentiality on the third party, or (v) is independently developed by the receiving party without the use or reference of any Confidential Information of the other party. The receiving party agrees to use at least the same degree of care with the disclosing party’s Confidential Information that it uses to protect its own Confidential Information, but in no event less than a reasonable degree of care.
13. Our Rights
- We reserve the right to refuse service to anyone for any reason at any time.
- Except as otherwise set forth in this Agreement, we reserve the right to modify or terminate the Service for any reason, without notice, at any time.
- We reserve the right to reject, cancel, interrupt, remove, or suspend a Campaign at any time and for any reason, without liability for any damages as a result of any of those actions. Kickbooster may or may not comment on the reasons for such actions.
- We reserve the right to terminate a specific Campaign at any time.
- We will render the Services in a commercially reasonable manner and in accordance with generally accepted industry practices and procedures used in performing services of a like-kind to the Services.
- We may change or remove any description, keyword or other content that we consider inappropriate or unlawful, or otherwise likely to cause Kickbooster liability or could potentially devalue the goodwill associated with Kickbooster.
You agree to defend, indemnify, and hold harmless Kickbooster and its Affiliate Users, and each of its and their respective officers, directors, agents, partners, and employees (collectively, “Kickbooster Indemnified Parties”), harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorney and accounting fees) (collectively, “Loss”) experienced by any of the Kickbooster Indemnified Parties or resulting from any threatened claim, claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise or leading up to such forum), or investigation (a “Claim”) made by any third party, including Kickbooster/Affiliate Users, due to or arising out of: your use of the Services; any Claim brought against any of the Kickbooster Indemnified Parties that Kickbooster’s use of any content provided by you under this Agreement infringes any copyright, patent, trademark of another (issued as of the Effective Date); any violation by you of any law, regulation or rule to which you are subject (including, without limitation, those relating to privacy and data security); or any breach of any representation, warranty or covenant made by you under this Agreement.
Kickbooster will provide notice to you of any such claim, provided that the failure or delay by the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, and in such case, to cooperate with all reasonable requests in assisting Kickbooster's defense of such matter.
15. Limitation of Liability
To be clear, Kickbooster isn’t liable for any damages or losses related to your use of the Services. We don’t become involved in disputes between Campaign Admins and Affiliate Users, or between users and any third party relating to the use of the Services. We don’t oversee the performance or punctuality of projects, and we don’t endorse any content users submit to the Site. We are not responsible for any failure by a Campaign Admin or Affiliate User to adhere to the terms of this Agreement, their obligations with respect to the maintenance of all systems required for the operation of Affiliate User links or any other aspects of the service, or any changes made by a Campaign Admin or Affiliate User to their respective systems or resources resulting in malfunction or circumvention of any Affiliate User link or other aspect of the Service (whether due to technical malfunction or deliberate action or inaction), nor the impact to a Campaign Admin or Affiliate User, as applicable, as a result of such failure. When you use the Services, you release Kickbooster from claims, damages, and demands of every kind — known or unknown, suspected or unsuspected, disclosed or undisclosed — arising out of or in any way related to such disputes and the Services, and all content you access through the Services is at your own risk. You’re solely responsible for any resulting damage or loss to any party.
Kickbooster may, at its sole discretion, help facilitate the transfer of physical samples from Campaign Admin to Affiliate Users. Kickbooster is not liable for any damages or losses relating to such samples, including, without limitation, any damage, destruction or loss of the samples, or the costs or arrangements relating to the delivery of such samples to and from the relevant parties. Campaign Admins are encouraged to include a return shipping label with said samples so as to promote easier return by the Affiliate Users.
16. General Matters
16.1 Warranties Disclaimer
We try to keep the services up, bug-free, and safe, but we can’t guarantee everything will always work perfectly. The site and service is provided on an “as is” and “as available” basis and without warranty of any kind, express or implied. For certainty, no guarantees as to availability or usability of the Services are provided by Kickbooster hereunder. Subject to as otherwise provided for herein, you use our Services solely at your own risk.
Kickbooster specifically disclaims any and all warranties and conditions of merchantability, non-infringement, and fitness for a particular purposes, and any warranties implied by any course of dealing, course of performance, or usage of trade, no advice or information (oral or written) obtained by you from Kickbooster shall create any warranty.
16.2 Capacity to Act
Each party represents and warrants that (a) it has the legal right to conduct its business as presently conducted, (b) it has the legal right to enter into this Agreement and perform its obligations hereunder, and (c) the performance of its obligations does not conflict with any laws, rules, or regulations applicable to such party, or materially conflict with any agreements or obligations it has to any third party, or infringe the rights of any third party.
16.3 Dispute Resolution and Governing Law
16.4 The Rest
Date of last revision: May 25 2018