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Terms and Conditions
	AFFILIATE MEMBERSHIP AGREEMENT ________________________________________ This is the Affiliate Membership Agreement that will govern your participation on this Construction4U.com.my, Furniture4u.com.my and www.Renovation4U.com.my. Please read this Agreement, and then scroll to the bottom of the page to digitally sign this Agreement. To print a copy of this Agreement, please use your browser's print command. This Affiliate Membership Agreement is between Greenland Portfolio Sdn. Bhd. a company incorporated in Malaysia, hereinafter referred to as “The Website Owner”, and "You" or "Your" hereinafter refer to as the undersigned being as person(s) / company(s). If You have registered for or on behalf of an entity or company(s), you are deemed to have accepted this Agreement on behalf of that entity or company(s). “The Website” hereinafter refers to as www.Construction4U.com.my, www.Furniture4U.com.my and www.Renovation4U.com.my. This "Agreement" refers to, individually and collectively depending upon the context, this Affiliate Membership Agreement and any and all Network Policies and Guidelines as in effect from time to time and found at http://www.Furniture4u.com/agent/index.php In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties, intending to be legally bound, agree as follows: 1. Registration, etc. 1.1 Registration. To use (or continue to use) any 5SManager Network as a Network Affiliate, You must provide The Website Owner with truthful, accurate and complete registration information. If any such information changes, You must immediately update Your registration information. 1.2 Verification. The Website Owner has the right to confirm or otherwise verify or check, in its sole determination, the truth and accuracy of any registration information at any time he thinks necessary. Please note that the verification of Your registration information, specifically, your name, address and Tax Identification Number / Social Security Number / Identification Number / equivalent, against a third party database may be considered under certain laws to constitute a "credit check." Notwithstanding that, your participation in 5SManager Network as a Network Affiliate does not depend on Your credit worthiness or financial stability. The Website Owner is not making as part of the registration process, and will not otherwise make, any type of inquiry to any third party regarding any individual's credit history and personal financial information without first obtaining such individual's express prior authorization to do so. Please be advised that if any information is determined in good faith by The Website Owner to be misleading, inaccurate or untruthful, The Website Owner may restrict, deny or terminate Your account, Your access and use of, and/or any benefits derived from Your participation on The 5SManager Network; The Website Owner may also withhold payment of any earnings, commissions and/or other fees that may be or become due or payable to You, and may assess charges against such amounts for The Website Owner's activities in connection with the investigation and/or verification of such information and/or otherwise in accordance with this Agreement. 1.3 Participation. To join the 5SManager Network, You must be an individual who is at least 18 years old or an entity, and must provide at Your expense your own computer equipment and Internet access. 1.4 Use of the network. You may use the 5SManager Network only for business purposes and not for personal, household or family purposes. 2. Defined Terms 2.1 The following terms have the meanings indicated: "Content" means information, data, text, documents, software, music, sound, photographs, graphics and video. An "end user" means an actual or potential consumer, customer or other natural person. An "engagement" means any type of agreement or arrangement between a Network Merchant and any Network Affiliate that can be performed on or in relation to the Internet, including affiliate marketing, performance-based linking, insertion order, or any other type of agreement or arrangement. An "entity" means a sole proprietorship, corporation, partnership, limited liability company, trust, government agency or instrumentality or other entity recognized by law as a legal person separate from its owners. The words "include," "includes" and "including" shall be deemed to be followed by the phrase "without limitation." "Intellectual Property Rights" means technology, templates, designs, Sites, methodologies, processes, names, strategies, marks, logos, Content, documentation, training manuals, and other materials, as well as any and all patent, trade secret, trademark, copyright and other intellectual property and proprietary rights therein and thereto. A "link" means any software, software code, programming or other technology or method (or any combination of the foregoing) that (i) creates a hyperlink between two Sites, or (ii) otherwise causes a Web access device to display to its user a "banner," "button," text-mention, word, phrase, logo or other textual or graphical material that, when activated by a person, results in a Site being served to such person or such person being able to electronically access, receive or obtain Content, products, services or other offerings from the linked Site. "The 5SManager Network" means one or more of the networks operated by The Website Owner and consisting of participating Merchants (i.e., Network Merchants), on the one hand, and a proprietary pool of Sites (i.e., Network Affiliates), on the other hand. Through the 5SManager Network and use of The Website Offering, such participants may explore, initiate and develop engagements with each other, typically on a one-on-one basis, and, in turn, to track, report on and/or otherwise manage or have managed such engagements. "The Website’s Offerings" means (a) The Website’s offerings to be a Network Affiliate or Network Merchant participating on any of the 5SManager Network and (b) offerings provided by The Website Owner or any of The Website Owner’s Related Parties in the form of technology, software, reports and databases, customer support, account management and other client services, symposia, summits and other educational and networking events, as well as any other tools, services, and other resources that may be provided or otherwise made available from time to time. "Website Owner’s Related Parties" means The Website Owner's corporate affiliates and its and their contractors, licensors, licensees and suppliers. The phrase "provided by Website Owner" or "Website Owner-provided" shall, when used in relation to tools, services, resources or other offerings, encompass the provision thereof by Website Owner or Website Owner Related Parties. The phrase "tracked by Website Owner" or "Website Owner-tracked" shall, when used in relation to any engagement, encompass the tracking thereof by Website Owner or Website Owner Related Parties. "Merchant" means any person that owns or operates a Site and/or other business that can acquire customers or other types of end users by way of the Internet. "Network Affiliate" refers to a Site that participates on one or more 5SManager Networks and, through such participation and use of the appropriate Website Offerings, desires or makes itself available to be recruited or to enter into engagements to display, distribute or place qualifying links provided by Network Merchants for earning. "IDevAffiliate Manage Account Area" means, for any 5SManager Network, the Webpage(s) or other area of the Site having the URL designated from time to time by The Website Owner for use by members of that Network for the purpose of facilitating formation of qualifying links, accessing reports, trainings and otherwise participating in such 5SManager Network. "Network Merchant" refers to a Merchant that participates on one or more of The Website's Sites and, through such participation and use of the appropriate Website Offerings, display, distribute or place its products, services, product and/or service descriptions, product and/or service audio and video illustrations, address and location maps, promotional voucher and/or its qualifying links for the purpose of advertisement. A "person" is to be broadly construed and includes any natural person or entity. A "qualifying link" means any type or format of link that is provided or authorized by a Network Merchant to be displayed, distributed or placed on or by a Site pursuant to an engagement and which, through addition and/or use of any technology and/or methodology, can be tracked so that such Network Merchant can monitor the impressions, click-through and/or other tracked activities achieved by the display, distribution and/or placement of such link. The term "qualifying link" shall also refer to any equivalent link, mechanism or technology that, upon being activated, causes the same result as clicking on a qualifying link. A "tracked activity" means any type of pre-agreed or predefined activity or result that is sought by a Merchant in relation to a qualifying link. The kinds of tracked activities that a Merchant may seek to promote through such arrangements may include, by way of example, impressions, click-through, the sale of products or services, the downloading of software, files or other items, the completion of an application, registration or other form, the opening of an account, membership enrollment, or any other kind of action, transaction or activity that can be tracked and reported upon. "Web" or "Internet" or "online" means the global computer network currently referred to as the Internet, including the World Wide Web, and any and all successor networks, irrespective of what wired, wireless or otherwise connected device, platform or technology is used to access it. "Site" means, as the context requires, either (a) one or more Web pages, database, computer files, emails, scripts, software or other application, or other destination, together with supporting files and programming, that are on, provided, or accessible through the Web or works on or in relation to the Web, or (b) a person owning or operating any such Site, or (c) both. A person that owns or operates a Site may have offline businesses which would not preclude it from being a Site for the purposes of this Agreement. 3. Participation; Your Business 3.1 Participation. Subject to the terms and conditions in this Agreement, You may use The Website Offerings to Network Affiliates via the IDevAffiliate Manage Account Area or otherwise to enter into, track and report on, and/or manage (or have managed) affiliate marketing and/or other types of The Website tracked engagements on behalf of Your business. 3.2 Voluntary Participation. Your participation in any one or more of the 5SManager Networks is as an Online Affiliate. Your participation is purely voluntarily and You may terminate Your participation at any time. Neither The Website Owner nor any Network Merchant shall be construed or deemed as having solicited, requested or procured You or Your services to promote The Website or any Network Merchant or its respective trade or business, or goods, products, property, or services. 3.3 Not a Supplier, etc. You are not and shall not, at any time, be deemed to be a vendor, supplier or provider of goods or services to The Website or The Website Owner, and neither Your participation on any of The 5SManager Network, use of any The Website Offerings or receipt of payment of any earning under any The Website-tracked engagement shall be construed or be deemed to be an inducement for, solicitation of You to provide any products or services to The Website or The Website Owner. 3.4 Prohibited Activities. In respect or in relation to any Site (or portion thereof) used by You in connection with Your participation on any of The 5SManager Network, You may not engage in any activity that is or constitutes, or that involves, facilitates, advocates or promotes, one or more of the following: (a) discrimination on the basis of race, ethnicity, gender, religion, sexual orientation, age or disability; (b) libelous, defamatory, threatening, harassing, tortuous, or similarly abusive activities; (c) obscene, pornographic, sexually explicit or similar activities; (d) gambling; (e) sale, export or use of illegal substances; (f) terrorism, sedition or other illegal activities; (g) MP3, MPEG and/or other proprietary materials for download, sale or otherwise, in any case without the permission of the owner of the Intellectual Property Rights (h) a conflict or violation of any law or regulation or any Intellectual Property Rights or other rights of any person or entity; (i) harm to minors in any way; (j) impersonation of any person, including any of The Website Owner’s representative, or misrepresentation of affiliation with any person; or (k) conducting of raffles, contests, lotteries or sweepstakes. 3.5 Regulated Business. You represent, warrant and covenant that Your businesses and activities will not cause, nor could cause, The Website or any Site with which You have entered into a Website Owner-tracked engagement to be or become subject to any law, rule or regulation adversely affecting The Website or such Site, and You shall defend and indemnify The Website and such Sites against any such adverse effect. 4. Engagements; Qualifying Links. 4.1 Use of Qualifying Links. Each qualifying link used by You in relation to a Website Owner-tracked engagement must include, in unaltered form, the special "tagged" link codes and/or other transaction tracking codes in the manner and format made available or otherwise dictated by The Website Owner that, among other things, associate such qualifying link with such engagement. 4.2 Valid Referrals Only. You will place or use qualified links only with the intention of delivering valid sales, leads, applications, accounts, clicks or other specified compensable tracked activities for the benefit of 5SManager Network, The Website Owner, The Website, Network Affiliates and Network Merchants. You may not, nor knowingly permit any person to, activate a qualifying link or inflate the amount of any sought-after or resulting tracked activities through any method or technology that does not actually deliver an end user to the destination Site associated with such qualifying link. 4.3 The Website Owner's Determination Final and Binding. All determinations of qualifying links and the compensation due to You made by The Website Owner shall be final and binding on You. The Website Owner's services do not involve investigating or resolving any claim or dispute involving You and any Network Merchant or other third party person. If The Website Owner, in its sole discretion, elects to investigate or otherwise become involved in any such claim or dispute, it shall not thereby undertake, assume or have any duty, obligation or liability to You or any other party to the claim or dispute. 4.4 Merchants' Terms and Conditions. In addition to and without limiting Your obligations under this Agreement, the terms and conditions of the Network Merchant's engagement govern Your performance of such engagement including Your use of the associated qualifying links, the tracked activities sought, the earning that might become payable, and any limitations or restrictions that may apply to Your promotion of such Network Merchant or its qualifying links. The Website Owner has no liability or responsibility to review, endorse, police or enforce any such engagements. 4.5 Distribution of Qualifying Links. If You currently distribute, or plan to distribute, qualifying links on, to or through Sites other than those owned or operated by You and registered with The Website Owner, You may do so (or continue to do so) until June 30, 2010 (or such later date as The Website Owner may designate). After such date, You will be required to obtain The Website Owner's approval to continue to do so. Such approval may be conditioned upon Your agreement to additional terms and conditions and additional disclosures in respect of Your distribution and/or use of such qualifying links. 4.6 No Modification. etc. of Qualifying Links. You will not modify, circumvent, impair, disable or otherwise interfere with any tracking codes and/or other technology and/or methodology required or made available by The Website Owner and/or the Network Merchant to be used in connection with such qualifying link so that it may be properly tracked by The Website Owner. 4.7 Termination of Qualifying Links. The Website Owner or the relevant Network Merchant may terminate any qualifying links associated with any affiliate marketing programs of, and/or other Website Owner-tracked engagements with which You have entered into with such Network Merchant. You must remove any qualifying links after any termination of the corresponding engagements, including due to termination or expiration of a relevant Network Merchant's participation. If qualifying links are not so removed, The Website Owner may redirect such links as it determines in its sole discretion, with or without compensation to You. 4.8 Discontinuing Use of Qualifying Links. You may at any time discontinue use of qualifying links by removing such qualifying links from Your Site, with or without notice to The Website Owner or, subject to the terms of Your engagement with the relevant Network Merchant, such Network Merchant, provided, however, that You remain subject to such engagement and this Agreement until you separately terminate such engagement or Agreement. 4.9 The Website Owner as Neutral Host. Participation in any 5SManager Network is not an endorsement by The Website Owner of any Network Merchant or Network Affiliate. The Website Owner operates the 5SManager Networks and/or provides the Website Offerings as a neutral host, and The Website Owner does not regularly or proactively monitor, regulate or police the usage thereof by any of its participants. The Website Owner is not responsible or liable for the acts, omissions, agreements or promises of or by any Network Merchant, Network Affiliate or other Site using Website Offerings to enter into any arrangement or otherwise work with any other person or entity. 4.10 Independent Contractors. The Website Owner is the host of each 5SManager Network. Network Merchants and Network Affiliates are independent parties and The Website Owner does not and shall not have any responsibility or liability for the acts, omissions, promotions, content or qualifying links or other links of any Network Merchant, Network Affiliate or other third party, including breaches of engagements by Network Merchants, or for screening or policing the Sites or actions of Network Merchants or Network Affiliates. 5. Provision of Information 5.1 Reports; Revisions. You acknowledge and agree that each Network Merchant whose Program You join shall receive reports from The Website Owner that identify You and may include data about You and that Network Merchant. If The Website Owner is notified by a Network Merchant that it believes that its reports about its relationship with You contain an error or omission or otherwise require adjustment, The Website Owner may elect to revise those reports as requested by the Network Merchant and make corresponding changes to Your Affiliate Reports. Since the reports The Website Owner provides You and such Network Merchant are the bases for calculating the earning, if any, due to You from that Network Merchant, any such adjustment may affect the amount of earning to which You are entitled. 5.2 Data Furnished by Network Merchants. In providing Website Offerings, including giving You reports on Your Network activities, The Website Owner relies on data provided by The Network Merchants. The Website Owner is not obligated to confirm, and does not warrant or guarantee, the accuracy, truth or completeness of any data provided by Network Merchants. 5.3 Errors. If You believe that any of Your Affiliate Reports for any month contains errors in the data about Your engagement with any Network Merchant, You must notify that Network Merchant (with a copy to The Website Owner) within ten days after the end of that month or any shorter period in Your engagement so that, if possible, the matter may be resolved. If any Affiliate Reports for any month are corrected or adjusted after the end of the month, then the period within which You must notify the Network Merchant (with a copy to The Website Owner) of errors in the corrected or adjusted data shall be ten days after such correction or adjustment is posted or any shorter period in Your engagement. Any dispute between You and a Network Merchant about any error You report must be resolved by You and that Network Merchant. In the event The Website Owner is in receipt of funds from a Merchant for the purpose of paying earning to You, and a dispute arises between you and the Merchant regarding the amount of the funds that are due, The Website Owner will be entitled to return such funds to the Merchant, and to decline to offer further processing services until such dispute is resolved and The Website Owner is notified, in writing, by all parties, that payments should resume. You agree that The Website Owner shall have no obligations and incur no liabilities to You in connection with any such dispute. 5.4 No Personal End User Data. In order to provide any of The Website Offerings, The Website Owner does not require to be provided, nor does it capture, any personally-identifiable information about any end user who undertakes tracked activities in relation to You or any Network Merchant. The Website Owner has no obligation or liability to You, any end user or any other person if You, any Network Merchant or other person should provide such information, for whatever reason, to The Website Owner. 5.5 Privacy Policy. You will ensure that any and all Sites employed by You in connection with Your participation in any 5SManager Network or any Website-tracked engagement will feature an easy-to-understand privacy policy, linked, at a minimum, conspicuously from such Site's home page, with a link that contains the word "Privacy", "Legal", "Terms" or similar language. Such privacy policy shall, in addition to the disclosures about Your privacy practices, identify the collection and use of any information You provide or may provide to The Website Owner and to any Network Merchant or other Sites or persons with which You have any Website Owner-tracked engagement or other arrangement in relation thereto. As to Your personal information, The Website Owner may use Your personal information in any manner or for any purpose that it determines to be appropriate or necessary in its sole discretion in connection with conducting any activities of or on any 5SManager Network and in relation to The Website Owner's business. 5.6 Backing Up Data and Other Precautions. Data transfer, conversion, processing and storage are subject to the likelihood of human and machine errors, delays, interruptions and losses. The Website Owner is not liable for any such events or their consequences. You are solely responsible for adopting measures to limit the impact of such events, including backing up any reports or data provided to You. The Website Owner may, from time to time, with or without notice, change the time period covered, type and/or scope of current or historical data stored by The Website Owner and/or to which it provides You with access. 6. Your Obligations 6.1 No Circumvention. a. You agree that You will not in any way bypass or circumvent, or attempt to bypass or circumvent, The Website Owner, The Website and any 5SManager Network in connection with any engagement You have entered into with any Network Merchant. This includes entering into a direct relationship or linking arrangement where The Website-provided qualifying links are not used in accordance with this Agreement such that The Website Owner is unable to track and monitor the earning owing to You under a Website-tracked engagement or the fees owing to The Website Owner therefore. You may not enter into any relationship that would result in the avoidance or reduction of the Website Owner tracking process, the earnings to be paid pursuant to this Agreement, or the fees to be paid to The Website Owner as a result of any tracked engagement. b. Further, if The Website Owner brokers an introduction or arrangement between You and any Network Merchant through any Website Offering, You and such Network Merchant will track any resulting engagement through using a 5SManager Network using The Website-provided qualifying links. This includes using Your IDevAffiliate Manage Account Area to investigate Network Merchant terms and contacting such Network Merchants directly to enter into engagements that are not tracked by The Website-provided qualifying links. The Website Owner will be deemed to have brokered an introduction or arrangement in any of the following circumstances: (i) such Network Merchant recruits or otherwise first contacts You through use of any Website Offerings; or (ii) You apply to such Network Merchant's affiliate marketing program or otherwise first contact such Network Merchant through use of any Website Offerings; or (iii) at Your request or the Network Merchant's request or with Your or its express involvement, The Website Owner arranges an introduction or facilitates the consummation of an arrangement between You and such Network Merchant through the use of any Website Offerings. c. Due to The Website Owner limitation to verify or check the truth and accuracy of any Network Merchant’s registration information, The Website Owner’s will only track or monitor of Network Merchant’s identity through The Network Merchant’s known e-mail address. In the event of Network Merchant brokered by more than one Network Affiliates through different e-mail addresses, The Website Owner or The Website will have no means of knowing, and will be taken as being unrelated Network Merchants entered into separate relationship with different Network Affiliates, and the earnings will be paid with respect to each separate engagement to the respective Network Affiliates. The Website Owner shall have no obligation or liability to You because of any such arrangement. d. Your obligations under this Section will survive any termination by You or The Website Owner of Your participation in any 5SManager Networks for a period of one (1) year after such termination. Notwithstanding the preceding sentence, Your obligations under this Section will cease with respect to any individual Network Merchant upon the expiration or termination (other than due to breach by such Network Merchant) of such individual Network Merchant's participation in the relevant 5SManager Network. 6.2 No Poaching. You may not use any Website Offerings in connection with aggregating, soliciting or recruiting Network Merchants, Network Affiliates, other Sites or other persons to form or join affiliate marketing, advertising or similar network. 6.3 No Sublicense, etc. You may not sublicense, rent, lease, sell, resell, outsource or service bureau any website Offerings, and any attempt to do so shall be null and void. 6.4 No Reverse Engineering. You will not make unauthorized modifications, reverse engineer, disassemble, decompile or attempt to derive source code of any Website Offerings. 6.5 No Hacking, etc. You agree not to hack, abuse, adversely interfere with, infect with viruses, worms or other malicious or destructive code, or use or cause to be used in extraordinary and unreasonable or inappropriate ways or amounts, any Website Offerings, including any servers, bandwidth supply, equipment, software and other technological resources provided by The Website Owner. 6.6 No Spam. You may not use any qualifying links in any electronic message unless (a) You have received the express written authorization of the Network Merchant to use email or other electronic messages to promote it or its qualifying link and (b) any and all such electronic messages comply in all respects with this Agreement, the Network Merchant's terms and conditions, and any and all applicable laws, including the requirements of the Can Spam Act of 2003 (Public Law No. 108-187). Further, no electronic message initiated or sent by You or on Your behalf may identify The Website, The Website Owner or, except as expressly authorized by an individual Network Merchant, any Network Merchant as a sender or sponsor of such electronic message. 6.7 No Interference. You may not, through downloadable or other technology, replace, intercept, redirect, block, alter or otherwise interfere with the full functioning and intended actions of any qualifying link that has been placed or distributed by another Network Affiliate including any action that would in any way prevent the behavior or result that would occur or would have occurred had an end user activated such qualifying link without Your interference. 6.8 No Infringing Uses. You may not use any name, trademark, service mark, domain name or other Intellectual Property Rights of any third party in connection with Your use of any qualifying links, any 5SManager Network or any other Website Offerings, in any way or for any purpose that infringes or violates any Intellectual Property Rights or other rights of such third party, whether for the purpose of increasing the levels of tracked activities attributable to Your qualifying links or for any other purpose. 6.9 Fraud, Abuse, etc. You will not, and will not knowingly permit other persons to, engage in any fraudulent, abusive or illegal activity in connection with Your participation on any 5SManager Network or in connection with any Network Merchant's affiliate marketing program or engagement. 7. Grant of License to You 7.1 Your Use of The Website Offerings. For each 5SManager Network of which You are a member in good standing, The Website Owner grants You a personal, non-exclusive, non-transferable, non-sublicense able, revocable and limited license and right, subject to the terms of this Agreement, to: a. Participate in any 5SManager Network for which You have registered as a Network Affiliate. b. Access the areas of the relevant IDevAffiliate Manage Account Area necessary for Your participation in such 5SManager Network as a Network Affiliate. c. Solely for Your use in connection with Your participation in such 5SManager Network, download any reports made available to You by The Website Owner. d. Use any software code or other Content that is provided by The Website Owner Solely for the purpose of creating and maintaining qualifying links in accordance with this Agreement and Your engagements, for such purpose, and no other purpose, but only in the form so provided. All other use of any 5SManager Network, IDevAffiliate Manage Account Area, any reports made available to You by The Website Owner and such software code or Content, including modification, publication, transmission, transfer or sale of, reproduction, creation of derivative works, distribution, performance, display, incorporation into another Site or mirroring is prohibited. 7.2 Use of the Construction4U, Furnituru4u and Renovation4U Name. This Agreement does not grant to You any license or right to use The Website's name or any of its logos or trade or service names or marks, except to the extent required to be used in connection with an URL. Any press release or other public announcement by You regarding this Agreement or any 5SManager Network or that mentions Construntion4U, Furniture4u and Renovation4U shall require the prior written approval of The Website Owner. You agree that You shall not disparage The Website Owner or any of the 5SManager Networks or any other participants thereof. 7.3 Duration of License Rights; Reservation. The above licenses with respect to any 5SManager Network are valid only while You remain a member of such 5SManager Network as a Network Affiliate in good standing and comply with this Agreement. The Website Owner may revoke any such license at any time by giving You notice by e-mail or in writing. The Website Owner reserves all rights that are not specifically granted to You by this Agreement. 8. Grant of Licenses to The Website Owner 8.1 Use of Your Content. Other than as provided below, in order to participate in the 5SManager Network, You are not required to provide The Website Owner with any Content or other materials. Should You do so, by way of uploading, delivering or otherwise making available to The Website Owner any Content and/or other materials (including any Intellectual Property Rights therein and thereto), You agree to grant, and hereby grant, to The Website Owner and The Website a non-exclusive, worldwide, royalty-free, sublicense able, perpetual license to use and store the same including in relation to conducting its business or performing any services in relation to any 5SManager Network. This Section will survive any termination. 8.2 Use of Your Name. The Website Owner shall have the right to refer to You by Your name in connection with any 5SManager Network and/or the performance or provision of any Website Offerings, including in communications sent to actual or prospective participants of the 5SManager Networks in which You participate. 8.3 Disclosure of Business Relationship. Nothing in this Agreement shall prevent The Website Owner from making any public or private statements about Your business relationship with The Website Owner and/or The Website and/or any Network Merchant and/or Your participation in any 5SManager Network. 8.4 Use of Your Logo. Except as expressly provided above, The Website Owner shall not use any of Your logos and/or other trademarks without Your prior written approval. Any and all uses of Your logos and/or other trademarks shall be in accordance with Your specified usage guidelines. 9. Representations and Warranties 9.1 You represent, warrant and covenant as follows: a. You have the legal right to conduct any business conducted by You including in respect of any Site(s) participating in any 5SManager Network; and b. Any and all information You provided as part of the registration process or otherwise shall be truthful, accurate and complete, irrespective of any independent verification or other determination made by The Website Owner; and c. This Agreement has been duly and validly authorized, accepted, executed and delivered by You (or Your authorized representative) and constitutes Your legal, valid, and binding obligation, enforceable against You in accordance with its terms; and d. The performance by You of this Agreement and the participation by You in any 5SManager Network and any relevant Network Merchant's engagement does not and shall not conflict with or violate (i) any law, rule, regulation, order, judgment, decree, agreement or instrument applicable to You or (ii) if You are an entity, any provision of Your certificate of incorporation or other organizational documents. 10. Non-Disclosure 10.1 Confidential Information. You acknowledge that in connection with Your participation on a 5SManager Network and/or in one or more Network Merchants' engagements, You will be provided with confidential and proprietary data and information from time to time through reports as well as other Website Offerings to You through Your IDevAffiliate Manage Account Area or otherwise. Such confidential and proprietary data and information may be owned variously by The Website Owner or Network Merchants and/or its or their suppliers or contractors. You will retain ownership of any data and information that You independently collect through Your Sites without the use of The Website Offerings, provided that any data and information that may be provided by You to The Website Owner shall be deemed to be covered by the licenses granted to The Website Owner under this Agreement. 10.2 Duty of Care. You will keep all reports, data and other confidential information provided to You through the IDevAffiliate Manage Account Area or otherwise strictly confidential. Without The Website Owner's prior written consent, You will not disclose any such confidential information to any third party or use any such confidential information other than solely as and to the extent required for you to perform under this Agreement and/or Your engagements with any Network Merchants. 10.3 Need to Know Basis. You may disclose any such confidential information only to Your employees, officers and directors who need to know such information in order to perform their respective duties; provided that each such person has a legal or contractual obligation to maintain the confidentiality of such information. 10.4 Legally Required Disclosures. If You receive any document request, interrogatory, subpoena or other legal process ("Request") that would, by its terms, require the disclosure of any Confidential Information protected by this Agreement, then promptly upon receipt thereof, and prior to making any response thereto, You will notify The Website Owner in writing of Your receipt of such Request, and shall provide a copy thereof. Upon receipt of such notice, The Website Owner may seek to intervene in the matter in which the Request was issued to seek protection of the confidentiality provided for by this Section. Absent written agreement signed by The Website Owner, You may not make such disclosure absent an order or directive from the tribunal from which a Request was issued. The Website Owner will be entitled to seek and obtain injunctive relief preventing any breach of Your obligations under this Section, without the need to show irreparable harm, and without the need to post a bond or undertaking. 11. Payment; Fees 11.1 Network Merchant Responsible for Payment. You acknowledge that Your entitlement to any earning reported with respect to any tracked activity (including if reported) is solely a function of the terms of Your agreement with the relevant Network Merchant and that such Network Merchant is solely responsible for its payment. The Website Owner is not liable or responsible for payment and collection. This is true even if The Website Owner performs the function of processing payments to you on behalf of Network Merchants. 11.2 All payments that You have collected from The Network Merchants, shall be paid in full to The Website Owner no later than FIVE (5) days from the date of such payment is made by The Network Merchant. You are not allowed to deduct Your earnings, commissions and/or other fees from such payments collected. Failing which The Website Owner may restrict, deny or terminate Your account, Your access and use of, and/or any benefits derived from Your participation on The 5SManager Network; The Website Owner may also withhold payment of any earnings, commissions and/or other fees that may be or become due or payable to You, and may assess charges against such amounts for The Website Owner's activities in connection with the investigation and/or verification and/or recover of such payment and/or otherwise in accordance with this Agreement, and to deduct any nonpayment amount due by You from any earnings, commissions and/or other fees that may be or become due or payable to You. Any outstanding amount due by You after such deduction shall remain and continue to be borne by You. 11.3 Payment Terms. The fact that a earning amount is reported for any tracked activity does not necessarily mean that a payment is due to You from the relevant Network Merchant, since payment may be subject to conditions established by 5SManager Affiliate that Network Merchant, including policies regarding total monthly sales, cancellation, payment made through electronic transfer by financial institutions, receipt of pending credit card authorizations and/or chargeback and minimums requirements for earning before payment is made. 11.4 The Website Owner's Right to Assess Fees. The Website Owner may, at any time upon prior written notice to you as described below, commence charging or assessing fees in relation to any or all Website Offerings made available to You including Your participation on any 5SManager Network(s). Except as otherwise expressly provided in this Agreement, in the event The Website Owner elects to charge or assess fees, You will be notified at least one (1) month in advance in writing by email or posting through the IDevAffiliate Manage Account Area. You may elect not to pay any such fees by discontinuing Your participation in all Website Offerings prior to the commencement of such fees. Any and all fees or other charges may be offset against or debited from any amounts that might be held in account for You by The Website Owner or The Website Owner Related Parties including any amounts that may be due, payable or paid to You by any Network Merchants or other third parties. 11.5 Tax, Pension Fund and Insurances. You agree that You are solely responsible for any and all tax obligations, pension funds and medical or hospitalization insurances, if any, due to all taxing and local authorities arising from or in connection with Your participation in any Website Offerings, 5SManager Network or any Network Merchant engagement. 12. Compliance with Laws 12.1 You and Your affiliates, officers, directors, employees, consultants, agents and representatives, and the conduct of Your business, Your performance under any engagements with any Network Merchant, and Your use of any 5SManager Network and/or Website Offerings shall comply at all times with all applicable federal, state, provincial and foreign laws, ordinances, rules, regulations, orders, judgments and decrees. 13. Termination of Network Merchants 13.1 Any Network Merchant's participation in any 5SManager Network may end or be suspended for a number of reasons, including expiration or early termination of its merchant agreement with The Website Owner, and You shall not necessarily receive any prior notice that such Network Merchant's participation is ending. 13.2 If a Network Merchant's participation in any Website Network ends or is suspended for any reason, its program conducted through such 5SManager Network shall end or be suspended and The Website Owner may, without notice to You, terminate or suspend all qualifying links that You have with that Network Merchant immediately or, in The Website Owner's discretion, at any time thereafter. The Website Owner shall have no obligation or liability to You because of any such termination or suspension of any Network Merchant. 14. DISCLAIMER OF WARRANTIES 14.1 EACH 5SMANAGER NETWORK AND ANY WEBSITE OFFERINGS ARE PROVIDED "AS IS, WHERE IS" AND "AS AVAILABLE." 14.2 EACH OF WEBSITE OWNER AND WEBSITE OWNER RELATED PARTIES HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY AS TO ACCURACY, MERCHANTABILITY, COMPLETENESS, CURRENTNESS, SECURITY, NON-INFRINGEMENT, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE OF ANY 5SMANAGER NETWORK OR ANY WEBSITE OFFERINGS OR THAT YOUR USE OF THE SAME WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY NETWORK MERCHANT WILL BE AVAILABLE (INCLUDING IN THE EVENT OF BEING TERMINATED FOR WHATEVER REASON FROM ANY 5SMANAGER NETWORK) OR CAN OR WILL BE WILLING TO ENTER INTO ANY ENGAGEMENT WITH YOU. 15. LIMITATION ON LIABILITY 15.1 If You reasonably determine that any Website Offering does not materially meet The Website Owner's obligations under this Agreement, then You must notify The Website Owner in writing within ten (10) days of receiving any such allegedly nonconforming services. Your failure to so notify The Website Owner on a timely basis shall mean that You accept such services, and The Website Owner shall thereafter have no liability whatsoever with respect to such services. If upon receipt of any notice under this Section, The Website Owner may, at its sole discretion, re-perform the service in question or otherwise provide You with any substitution or replacement services in lieu thereof. Any re-performance or provision of substitute or replacement services shall in no event be construed as an admission that the original service was nonconforming or otherwise improper, and Your acceptance of the same constitutes Your sole remedy and in such case constitutes The Website Owner's maximum liability for any such alleged breach of this Agreement. 15.2 IF, NOTWITHSTANDING THE ABOVE, LIABILITY IS IMPOSED ON THE WEBSITE OWNER OR THE WEBSITE OWNER’S RELATED PARTIES, THEN YOU AGREE THAT THE TOTAL LIABILITY OF THE WEBSITE OWNER AND THE WEBSITE OWNER’S RELATED PARTIES, AND ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS AND REPRESENTATIVES, TO YOU WILL NOT EXCEED TEN RINGGIT (RM10.00). YOU RECOGNIZE AND ACKNOWLEDGE THAT THIS LIMITATION OF DAMAGES IS FAIR AND REASONABLE, IN LIGHT OF THE FACT THAT THE WEBSITE OWNER IS PROVIDING THIS SERVICE TO YOU AT NO CHARGE TO YOU. 15.3 NONE OF THE WEBSITE OWNER AND THE WEBSITE OWNER’S RELATED PARTIES WILL BE LIABLE TO YOU (WHETHER IN CONTRACT OR BASED ON WARRANTY, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOSS OF REVENUE OR PROFITS, EVEN IF SUCH PERSON WAS AWARE THAT SUCH DAMAGES COULD RESULT. 15.4 Any claim or cause of action arising out of Your use of any 5SManager Network, this Agreement or the Network Policies and Guidelines must be filed within thirty (30) days after such claim or cause of action arose or be forever barred. 15.5 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THIS SECTION 15 MAY NOT APPLY TO YOU. 16. Indemnification 16.1 You agree to defend, indemnify and hold harmless The Website Owner and The Website Owner’s Related Parties, and its and their directors, officers, employees, agents, subcontractors and representatives for and against any and all claims, actions, demands, liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys' fees) that directly or indirectly arise out of or are based on: a. Any misrepresentation or breach of any representation, warranty, or covenant made by You in this Agreement, b. Any conduct, or activity, error or omission by You, including in relation to Your participation on any 5SManager Network, performance of any Website Owner-tracked engagement, or otherwise, c. Any violation by You of any law, regulation or rule, d. Your use of any other Website Offerings, and/or, e. Any actual or alleged infringement by You of any Intellectual Property Rights or other rights of any person. 16.2 The Website Owner may, at its election in its sole discretion, assume the exclusive defense and control of any matter otherwise subject to indemnification by You. The Website Owner may participate in the defense of all claims as to which it does not assume defense and control, and You shall not settle any such claim without The Website Owner's prior written consent. 17. Amendments 17.1 Amendments. Upon prior written notice, The Website Owner may, at any time, add to, remove or otherwise amend any or all terms, conditions and/or other provisions of this Agreement, including any Network Policies and Guidelines. 17.2 Changes in Service. Upon prior written notice, The Website Owner may add, remove, suspend or discontinue any aspect of any 5SManager Network or any other Network Offering. 17.3 YOUR CONTINUED USE OF ANY 5SMANAGER NETWORK AND/OR WEBSITE OFFERING AFTER NOTICE IS GIVEN (AND AFTER EXPIRATION OF ANY APPLICABLE PRIOR NOTICE PERIOD) SHALL CONSTITUTE YOUR BINDING AND LEGALLY ENFORCEABLE AGREEMENT TO SUCH CHANGE. IF YOU DO NOT WISH TO ACCEPT ANY SUCH CHANGE, THEN YOU MUST TERMINATE YOUR ACCOUNT WITH SUCH 5SMANAGER NETWORK AND/OR WEBSITE OFFERING AND CEASE USING SUCH 5SMANAGER NETWORK AND ANY ASSOCIATED WEBSITE OFFERING. 18. Termination, etc. 18.1 Termination. You or The Website Owner may, at any time, with or without cause, terminate this Agreement and Your participation on any 5SManager Network or use of any other Website Offering. You may effect such termination through Your IDevAffiliate Manage Account Area or by written notice to The Website Owner subject to actual receipt thereof. 18.2 Restricted Use. Alternatively, The Website Owner may, in its sole discretion, suspend, limit, restrict, condition or deny Your access to or use of all or any part of any 5SManager Network or any Website Offering. 19. Effects of Termination 19.1 Upon any termination of this Agreement and/or Your participation on all 5SManager Networks: 1. You shall immediately cease to use and remove from any and all Site(s), whether or not owned or operated by You, any and all qualifying links and all other Content or materials provided to You in connection with Your participation on such 5SManager Network or Your use of any other Website Offerings. 2. Any and all licenses and rights granted to You under this Agreement shall immediately cease and terminate. 3. The Website Owner may terminate or, in its sole discretion, direct or redirect to any destination Site any and all qualifying links continued to be used by You without the Website Owner or any Network Merchant incurring any further liability or obligation to You. 4. Any and all confidential or proprietary information of The Website Owner (including as applicable any confidential or proprietary information of Network Merchants as and to the extent originally provided by The Website Owner) that is in Your possession or control must be immediately returned or destroyed. If requested, You will certify in a writing signed by You or an authorized officer as to the return or destruction of all such confidential or proprietary information. 19.2 The Website Owner may withhold and offset against any and all compensation and/or other fees that are then unpaid to You. Following assessment of any fees or other charges owing to The Website Owner, and subject to The Website Owner holding any amount it determines in its sole discretion to be needed to support any of Your indemnification and/or other obligations and/or liabilities under this Agreement, The Website Owner may refund any remaining monies to any of the Network Merchants with which You had entered into a Website Owner-tracked engagement. Such withholding of such compensation and/or other fees is in addition to any other rights and remedies that The Website Owner or any Network Merchant may have in contract, at law or in equity. 19.3 All rights or remedies arising out of a breach of any terms of this Agreement shall survive any such termination of this Agreement. of Your participation in any 5SManager Network or Your use of other Website Offerings. 19.4 Sections 19 and 20, and any provision which by its terms are intended to survive any expiration or termination of this Agreement, will survive any expiration or termination of this Agreement. Your representations and warranties in this Agreement shall survive execution, delivery, acceptance, performance, expiration or termination of this Agreement. Miscellaneous 20.1 Independent Contractors. The parties are independent contractors and nothing in this Agreement shall confer upon either party any authority to obligate or bind the other in any respect. 20.2 Force Majeure. The Website Owner shall not be liable to You by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes, interruptions in telecommunications services or Internet facilities, or any other cause which is beyond the reasonable control of The Website Owner, whether or not similar to the foregoing. 20.3 Assign Ability. You shall not assign or delegate any of the rights or obligations under this Agreement, and any such attempted assignment or delegation shall be void. Subject to the preceding sentence, this Agreement is binding on and inures to the benefit of the respective successors, heirs and assigns of each party. 20.4 Severability. If any portion of this Agreement is held by a court with jurisdiction to be invalid or unenforceable, the remaining portions hereof, shall remain in full force and effect. If any provision of this Agreement shall be judicially unenforceable in any jurisdiction, such provision shall not be affected with respect to any other jurisdiction. 20.5 Governing Law; Consent to Jurisdiction; Jury Trial Waiver. This Agreement shall be governed by and construed in accordance with the laws of Malaysia. Without regard to its conflicts of its law principles, You consent to the personal and exclusive jurisdiction of the Malaysia. EACH PARTY WAIVES RIGHTS TO TRIAL BY JURY IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING ARISING OUT OF THIS AGREEMENT. 20.6 Entire Agreement; Third Party Beneficiaries. This Agreement is the entire agreement between the parties pertaining to its subject matter, and supersedes all prior written or oral agreements (including prior versions of this Agreement and any conflicting confidentiality agreements), representations, warranties or covenants between the parties with respect to such subject matter. There are no third party beneficiaries of this Agreement. The headings of sections or other subdivisions of this Agreement will not affect in any way the meaning or interpretation of this Agreement. 20.7 Notices. The Website Owner may provide notices to You by posting notices or links to notices in Your IDevAffiliate Manage Account Area. Notices to You also may be made via e-mail, regular mail, overnight courier or facsimile at your contact addresses of record for any 5SManager Network. If you provide notice to The Website Owner, such notice shall be sent, postage prepaid by registered or certified mail or by international or domestic overnight courier, to: Greenland Portfolio Sdn. Bhd., 8F Jalan Delima, Island Glades, 11700 Penang, Malaysia, Attn: President and General Manager. Notices sent by email or telecopy, with or without electronic confirmation, will not be deemed to be valid unless actual receipt is confirmed in writing by an authorized personnel member of The Website Owner. 20.8 Language. The English language versions of this Agreement and Network Policies and Guidelines are the controlling versions thereof. All support and other inquiries regarding Your use of any Website Offering must be submitted to The Website Owner in English, and The Website Owner will communicate in English only. IN WITNESS WHEREOF the parties have duly executed this Agreement the day and year first above written.
	I have read, understand and agree to the above terms and conditions.

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