Mousaw9 Client Contract 

 

This Mousaw9 CLIENT CONTRACT (the "Agreement") constitutes a legally binding agreement between Click Sales Inc., a Delaware corporation ('Mousaw9") and you ("You" or "Your"). BY CHECKING THE BOX STATING THAT YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF YOUR REGISTRATION WITH Mousaw9, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING ANY CHANGES TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH Mousaw9 MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE, FOR AS LONG AS YOU USE THE Mousaw9 SERVICES.

 

Subject to the terms and conditions of this Agreement, Mousaw9 hereby grants to You a non-exclusive, revocable, right and license, without right to sublicense, to use Mousaw9's proprietary online platform, including without limitation to: (i) the website located at http://www.mousaw9.com, (ii) any services offered on or through such website, and (iii) any servers, computers or networks used to provide such website (the "Mousaw9 Services") for the purposes set forth in this Agreement. In the event You transfer Your account or ownership of any Product, as defined below, You shall ensure that any purchasers or assignees are bound by the terms of this Agreement.

 

In addition to any other rights or remedies afforded Mousaw9under or otherwise in connection with this Agreement, You agree and acknowledge that You have read and agree to comply with the following policies which are hereby incorporated by reference into, and made a part of, this Agreement:

 

Seller and Products Requirements Policy

Digital Millennium Copyright Act ("DMCA") and Trademark Policy

Product Return and Cancellation Policy

Accounting Policy

Mousaw9 Privacy Policy

Mousaw9 Privacy Notice for California Residents

Security Policy

Network Abuse Policy

Legal Notice

Joint Venture Program Guidelines

Mousaw9 Physical Product Addendum

Mousaw9 Prohibited Seller and Affiliate Activities Guidelines

 

 

1. REGISTRATION.

a.You will be required to register for an account in order to use certain Mousaw9 Services. When You provide information during the registration process, You agree to provide only true, accurate, current, and complete information and to update it as necessary to maintain its truth and accuracy.

b.  If You register for a Mousaw9 account, You agree to accept responsibility for all activities that occur under Your account or password, if any, and You agree You will not sell, transfer, or assign Your subscription or any subscriber rights. You are responsible for maintaining the confidentiality of Your password, if any, and for restricting access to Your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Mousaw9 Services using Your account information in whole or in part. Mousaw9reserves the right to terminate Your account or otherwise deny You access in its sole discretion without notice and without liability.

 

 

2.              PROMOTING PRODUCTS.

If You promote, market, or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the Mousaw9 Services, either by You or by another Mousaw9client (each a "Product"), whether via the Mousaw9 Services or via any other online or offline channel or medium, including for the purpose of earning a percentage of the sale price of any Product sold as a result of such Promotion ("Commissions"), You agree, acknowledge, represent and warrant that:

a.You will abide by Mousaw9's Product Return and Cancellation Policy and You will establish Your Seller Return Policy as set forth below.

b. When You Promote a Product, You will use the applicable Seller's trademarks, logos, trade names or service marks in accordance with such Seller's trademark guidelines, which will either be supplied by Mousaw9 or set forth in the Seller Promotional Messaging Guidelines, if applicable. For purposes of this Agreement, "Seller" is defined as any person or entity that submits one or more Products for sale via the Mousaw9 Marketplace.

c.              You will not make any unlicensed or unauthorized use of, or otherwise infringe, violate, or misappropriate any patent, copyright, trademark, trade secret, right of privacy, right of publicity or other intellectual property or other proprietary right (collectively "IP Rights") of any entity or individual.

d.              You will not interfere with or manipulate rankings of Mousaw9's Marketplace (as defined below in Section 3(d)), tracking of Commissions, or the normal flow of traffic to, through, or from the Mousaw9 Services.

e.              If You Promote Products or Brands in a high-risk industry, You must be in compliance with Mousaw9's Additional Terms and Conditions provided to You, which are incorporated into this Agreement by this reference, at all times.

f. You will not Promote violence, sexually explicit materials, Products from any website, blog, social network, forum, or other medium that contain, host or promote illegal content or material, illegal activities, alcohol, tobacco or prescription drugs, discrimination based upon race, sex, religion, nationality, disability, sexual orientation or age.

g. You will not Promote any Products or services to children under the age of thirteen (13).

h.  You will not defame any person.

i.   You will not include any trademarks or other brand identifiers, or any copyrighted materials, other than as expressly permitted by this Agreement.

j. You will not incorporate any variation of or misspell any third-party trademarks or other brand identifiers in any domain name, username or other identifier, including on any social networking site.

k. You will not in any way copy the "look and feel" of any third-party website, or otherwise imply that the Promotion is in fact a third-party website.

l.  All communications and/or representations made by You in connection with any Promotions and/or in relation to any Product will be accurate and contain all disclosures and disclaimers necessary to prevent such Promotions from being false or deceptive. Such disclosures and disclaimers must be made in a clear and conspicuous manner and will otherwise comply with Your country's laws and all U.S. federal and state laws, including U.S. Federal Trade Commission ("FTC") regulations, policies and guidelines governing advertising, disclosure and consumer protection, including the FTC's Endorsement Guidelines.

m. Mousaw9 reserves the right but is not obligated to review Your Promotions. You agree that Mousaw9, in its sole discretion and at any time, may require changes to Product Promotion and delivery pages, customer support or other items related to the content of Your Promotions.

n. You will provide valid contact information, including but not limited to a working email address and phone number, where Mousaw9 can send inquiries and receive a non-automated reply by end of the following business day.

o. Mousaw9 does not independently review, verify, guarantee, or assume any responsibility or liability for, the accuracy, completeness, efficacy, or timeliness of any information provided by sellers, nor is it responsible for any bonuses, prizes or other incentives offered by sellers via the Mousaw9 Services. Your use of any information presented by a Seller is voluntary, and Your reliance is at Your sole risk. You acknowledge and understand that Mousaw9 does not verify statements, claims, incentives, or Promotions made by sellers via the Mousaw9 Services.

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