Spread Firefox Affiliates Terms of Service

This is the Terms of Services for becoming a Spread Firefox affiliate. It's full of lots of official-sounding language that our lawyers have asked us to include, but it's basically just here to make sure that we're all working towards the same goal of spreading the word about Firefox. If you have any questions, don't hesitate to contact us (affiliates - at - mozilla - dot - com). Thanks for your help!

Please carefully read these Terms of Service before registering for the Mozilla Affiliate Program. Participation in the Mozilla Affiliate Program indicates that you accept these Terms of Service. If you do not accept these Terms of Service, please do not register for or participate in the Mozilla Affiliate Program.

Introduction. This agreement ("Agreement") between You and Mozilla Corporation ("Mozilla") consists of the Mozilla Affiliate Program (the "Program") Terms of Service ("Terms of Service "). A description of the Program, as generally offered by Mozilla, is available at http://www.spreadfirefox.com/affiliates/homepage or such other URL as Mozilla may provide from time to time. "You" means any entity identified in an enrollment form submitted by the same or affiliated persons, who shall also be bound by the terms of this Agreement.

1.  Program Participation. Participation in the Program is subject to Mozilla’s prior approval and Your continued compliance with these Terms of Service and the Program Policies ("Program Policies"). Mozilla reserves the right to refuse participation to any applicant or participant at any time in its sole discretion. By enrolling in the Program, You represent that You are at least 18 years of age (or the legal age in the country in which you reside) and agree that Mozilla may serve Mozilla banner ads, buttons and links to place on your website, blog or email signature (“Referral Buttons”), each in connection with the Web site(s) and/or mobile content that You designate (each such Web site, mobile content, a "Property"). For the avoidance of doubt, any reference in this Agreement or the Program Policies to an individual “Web page”, “Web site”, “Web site page” or the like that is part of the Property will also mean any content on the Web site or any feeds and video or media players distributed through such Web site.

2.   Implementation and Operation of Referrals. You agree to comply with the specifications provided by Mozilla from time to time to enable proper delivery, display, tracking, and reporting of Referral Buttons in connection with Your Property(ies), including without limitation by not modifying the JavaScript or other programming provided to You by Mozilla in any way, unless expressly authorized in this Agreement or in writing by Mozilla (including by electronic mail).
o   Serviced Pages. You agree not to display on the same Web page in connection with which Referral Button is displayed (a "Serviced Page") any advertisement(s) or content that an end user of Your Property(ies) would reasonably confuse with a Mozilla advertisement or otherwise associate with Mozilla.

3.   Parties' Responsibilities.

(a)  You are solely responsible for the Property(ies), including all content and materials, maintenance and operation thereof, the proper implementation of Mozilla's specifications, and adherence to the terms of this Agreement.
(b)  Mozilla reserves the right to investigate, at its own discretion, any activity that may violate this Agreement, including but not limited to any use of a software application to access Referral Buttons or any engagement in any activity prohibited by this Agreement.
(c)  Mozilla is not responsible for anything related to Your Property(ies), including without limitation the receipt of queries from end users of Your Property(ies) or the transmission of data between Your Property(ies) and Mozilla. In addition, Mozilla shall not be obligated to provide notice to You in the event that any Referral Button is not being displayed properly to end users of the Property(ies).

4.  Prohibited Uses. You shall not, and shall not authorize or encourage any third party to:

i) directly or indirectly generate queries or impressions of or clicks on any Referral Button   through any automated, deceptive, fraudulent or other invalid means, including but not limited to through repeated manual clicks, the use of robots or other automated query tools and/or computer generated search requests, and/or the unauthorized use of other search engine optimization services and/or software;

(ii) edit, modify, filter, truncate or change the order of the information contained in any Referral Button, or remove, obscure or minimize any Referral Button in any way that is not in compliance with Mozilla's then current Trademark Policy and Visual Identity Guidelines;
(iii) frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any Referral Button;
(iv) redirect an end user away from any Referral Page; provide a version of the Referral Page that is different from the page an end user would access by going directly to the Referral Page; intersperse any content between the Referral Button and the Referral Page; or otherwise provide anything other than a direct link from the Referral Button to the Referral Page;
(v) display any Referral Button(s) on any Web page or any Web site that contains any hate-related, violent, sexually explicit, or illegal content;
(vi) directly or indirectly access, launch, and/or activate Referral Buttons through or from, or otherwise incorporate Referral Buttons in, any software application, Web site, or other means other than Your Property(ies), and then only to the extent expressly permitted by this Agreement;
(vii) "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Referral Events, or any part, copy, or derivative thereto;
(viii) act in any way that violates any Program Policies or these Terms of Service posted on the Mozilla Web Site, as may be revised from time to time, or any other agreement between You and Mozilla;
(ix) disseminate malware;
(x) create a new account to use the Program after Mozilla has terminated this Agreement with You as a result of your breach of this Agreement; or
(xi) engage in any action or practice that reflects poorly on Mozilla or otherwise disparages or devalues Mozilla’s reputation or goodwill.

You acknowledge that any attempted participation or violation of any of the foregoing is a material breach of this Agreement and that we may pursue any and all applicable legal and equitable remedies against You, including an immediate suspension of Your account or termination of this Agreement, and the pursuit of all available civil or criminal remedies.

5.  Termination; Cancellation. Subject to any third party agreements You may have (e.g., Your Web hosting company), You may stop displaying Referral Buttons on any Property in the Program with or without cause at any time by removing the Mozilla JavaScript or similar programming from Your Properties. Mozilla may at any time, in its sole discretion, terminate all or part of the Program, terminate this Agreement, or suspend or terminate the participation of any Property in all or part of the Program for any reason. Upon termination of participation of any Property in the Program or termination of this Agreement for any reason, Sections 5, 6 through 8, and 10 through 12 shall survive termination.

6.  No Guarantee.  In addition, for the avoidance of doubt, Mozilla does not guarantee the Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of Your equipment, systems or local access services, or (iii) for previously scheduled maintenance.

7.  Limitations of Liability; Force Majeure. Except for any indemnification obligations hereunder or Your breach of any Intellectual Property Rights (as defined below) and/or proprietary interests relating to the program, (i) IN NO EVENT SHALL EITHER PARTY BE LIABLE UNDER THIS AGREEMENT FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES whether in contract, tort or any other legal theory, even if such party has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy and (ii) UNDER NO CIRCUMSTANCES SHALL MOZILLA BE LIABLE TO YOU FOR ANY AMOUNT. Each party acknowledges that the other party has entered into this Agreement relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. Without limiting the foregoing, neither party shall have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake or other acts of God, labor conditions, and power failures.

8.  Publicity. You agree that Mozilla may use Your name and logo in presentations, marketing materials, on the Mozilla Web site, and Affiliate Program Web site. If You wish to use Mozilla's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features ("Brand Features"), You may do so, so long as such use is in compliance with this Agreement and with Mozilla's then current Trademark Policy and Visual Identity Guidelines and such use is not misleading.

9.  Representations and Warranties. You represent and warrant that (a) all of the information provided by You to Mozilla to enroll in the Program is correct and current; (b) You are the owner of each Property or You are legally authorized to act on behalf of the owner of such Property(ies) for the purposes of this Agreement and the Program; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder. In addition, to the extent that Your Site is a media player (1) You represent and warrant that You have a valid license to use and distribute such media player for the purposes of this Agreement and the Program; and (2) You shall ensure that any media player(s) that constitute the Site shall comply with the terms and conditions set forth herein. You further represent and warrant that each Property and any material displayed therein: (i) comply with all applicable laws, statutes, ordinances, and regulations; (ii) do not breach and have not breached any duty toward or rights of any person or entity including, without limitation, rights of intellectual property, publicity or privacy, or rights or duties under consumer protection, product liability, tort, or contract theories; and (iii) are not hate-related, violent or illegal in content.

10. Your Obligation to Indemnify. You agree to indemnify, defend and hold Mozilla, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g., licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and/or Your breach of any term of this Agreement.

11. Mozilla Rights. You acknowledge that Mozilla owns all right, title and interest, including without limitation all Intellectual Property Rights (as defined below), in and to Mozilla's Brand Features, and that You will not acquire any right, title, or interest in or to the Mozilla's Brand Features except as expressly set forth in this Agreement. You will not remove, obscure, or alter Mozilla's copyright notice, Brand Features, or other proprietary rights notices affixed to or contained within any Mozilla services, software, or documentation (including without limitation the display of Mozilla’s Brand Features with Referral Buttons). "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, semiconductor chip protection law, moral rights law, trade secret law, trademark law, unfair competition law, publicity rights law, privacy rights law, and any and all other proprietary rights, as well as, any and all applications, renewals, extensions, restorations and re-instatements thereof, now or hereafter in force and effect worldwide.

12. Information Rights. Mozilla may retain and use, subject to the terms of the Mozilla Privacy Policy, all information You provide and contact information. Mozilla may also provide information in response to valid legal process, such as subpoenas, search warrants and court orders, or to establish or exercise its legal rights or defend against legal claims. Mozilla may share with the public aggregate data about the participants of the Program.  Any such data shared would be non-personally-identifiable information, including Property URLs, Property-specific statistics and similar information collected by Mozilla.
Mozilla will only use your contact information to contact you with questions regarding your account or to notify you if you are selected to receive any Affiliate incentives.

13. Updates to the Terms. Mozilla reserves the right to change these Terms of Service at any time, which modification shall be effective immediately upon posting to the Affiliate Program.  Your continued use of the Program after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page and provide notice to you of any material changes to the Terms of Service.

14. Miscellaneous. This Agreement shall be governed by the laws of California, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Santa Clara County, California. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. Except as required by law, English is the controlling language of this Agreement. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Mozilla. Notwithstanding the foregoing, Mozilla may assign this Agreement to any affiliate at any time without notice. The relationship between Mozilla and You is not one of a legal partnership relationship, but is one of independent contractors.