Last updated March 9, 2022
VPNCity is a transitory digital network communications service, based in the British Virgin Islands (BVI), which enhances internet security and privacy. At your individual request and at your sole discretion we automatically provide unsupervised and non-monitored data conduit – virtual private network (VPN) connection – for your exclusive use, at your own risk and responsibility.
These terms of service (the “Terms”) govern your access to and use of VPNCity services, therefore we kindly ask you to carefully read them when visiting VPNCity website, before you register, download, install and use the VPNCity services, which include the VPNCity software, VPNCity mobile applications and any services that VPNCity (“we,” “us,” “our,” or “VPNCity”) provides through our software, application or otherwise (all of which collectively are referred as the “VPNCity Services”).
Please note that the Terms constitute a binding legal agreement between you and VPNCity. By visiting the website, registering for, installing and/or using the VPNCity Services on any platform or device you agree to be bound by these Terms. It is only under these Terms that VPNCity allows visitors / users (the “users”) to use VPNCity Services. If you do not agree to these Terms or any provisions hereof, please do not install and do not use our software, our mobile application and/or any of our products or services.
Affiliate Agreement Definitions:
- "Affiliate Code", "Hyperlink(s)" – One or more hyperlink codes provided to Affiliates by VPNCity to uniquely identify Affiliate traffic originating from their advertising and resulting referred subscribers.
- "Affiliate Site(s)" – One or more websites provided by Affiliate that advertises VPNCity services and/or promotions.
- "Chargeback" - A demand by a payment or credit card provider for VPNCity to reconcile and resolve the loss of a fraudulent or disputed transaction and the costs associated with the transaction.
- "Commissions" or "Commission fees" – Affiliates are paid a fee for each qualifying subscription from a referred client that an affiliate refers to VPNCity under and in accordance with the present Agreement.
- "Confidential Information" - any information, oral or written, treated as confidential that relates to either party's (or, if either party is bound to protect the confidentiality of any other persons information, such other persons) past, present or future research, development or business activities, including any unannounced product(s) and service(s) and including any information relating to services, trade secrets, intellectual property, developments, designs, inventions, processes, plans, financial information, customer and supplier lists, forecasts, and projections. Confidential information shall also include the terms of this Agreement, any date, idea, technology, know-how, inventions, algorithms, process, technique, program, computer software, computer code, and related documentation, work-in-progress, future development, engineering, distribution, manufacturing, marketing, business, technical, financial or personal matter relating to any actor or actress present or future products, sales, customers, employees, opportunities, markets or business in graphic text or electronic or any other form, that is treated as confidential by either party.
- "IP" - The collective term referring to all trademarks, servicemarks, patented, or copyrighted material as intellectual property owned by VPNCity.
- "Qualifying subscription" – An account sign-up and payment for services offered by VPNCity referred by an approved affiliate that qualifies for a commission fee under the present Agreement.
- "Recurring subscription" – A subscription that is periodically deducted and charged to the account holder.
- "Referred subscriber" – A new subscriber referred from an Affiliate through a Link provided by or approved by VPNCity, which meets the criteria for a commission fee under the present Agreement.
- "You", "Your" and "Affiliate(s)" - the business, individual or entity applying for participation in the VPNCity Affiliate Program, or that displays Our products, services and/or promotions on its website and/or through offline representation through the affiliate tracking code in exchange for receiving remuneration from VPNCity for sales resulting from such display.
If you are using the VPNCity Services on behalf of an organisation, you are agreeing to these Terms for that organisation and acknowledging that you have the authority to act on behalf of that organisation and commit to these Terms on behalf of that organisation.
By participating in the VPNCity affiliate program, you agree to the whole VPNCity Affiliate Agreement and the Terms of Service including all said general provisions incorporated by reference. VPNCity may modify the Terms from time to time. The Terms are binding from the time that they are updated on our website. It is your responsibility to check and read current Terms periodically. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the VPNCity website.
2. Advertising & Promotion
- 2.1 VPNCity agrees to make available various hyperlinks, information, and graphics which are subject to the present Agreement. The hyperlinks known as Affiliate Codes will help identify Your particular account and traffic originating from your website or e-mail to the VPNCity website and service.
- 2.2 Affiliate agrees to only display on their website those hyperlinks, graphics, and/or textual images provided by VPNCity.. Posting links to third party websites you do not have control over may be considered a material breach of this Agreement. The definition of third party websites under this Section also includes social media websites, including but not limited to Reddit, Instagram, Facebook and Twitter. Furthermore, you agree not to use surreptitious techniques such as “cookie stuffing” that set your Affiliate Code without the Referring Subscriber’s knowledge.
- 2.3 EXCEPT AS PERMITTED ABOVE OR IN SECTION 12 BELOW, AFFILIATE SHALL NOT AND ARE NOT AUTHORISED TO (i) USE THE VPNCITY TRADEMARK, NAME OR ANY OF OUR INTELLECTUAL PROPERTY (OR ANY VARIATIONS OR MISSPELLINGS THEREOF OR OTHER TERM OR TERMS CONFUSINGLY SIMILAR TO ANY OF THE FOREGOING), WITHOUT OUR EXPRESS PRIOR WRITTEN PERMISSION; (ii) USE OUR IP IN A DOMAIN OR WEBSITE NAME, IN ANY BIDS FOR KEYWORDS OR GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), IN ANY SEARCH ENGINE ADVERTISING (PAID OR OTHERWISE), IN ANY META TAGS, GOOGLE ADWORDS (OR SIMILAR PROGRAMS AT OTHER SEARCH ENGINES), KEY WORDS, ADVERTISING, SEARCH TERMS, CODE, OR OTHERWISE; (iii) CAUSE OR CREATE OR ACT IN ANY WAY THAT CAUSES OR CREATES OR COULD CAUSE OR CREATE ANY "INITIAL INTEREST CONFUSION" OVER THE USE OF OUR IP ON THE INTERNET OR IN ANY SEARCH ENGINE ADVERTISING; AND (iv) USE ANY SOCIAL MEDIA, SEO, PPC, OR SEM TO PROMOTE THE SERVICE. YOUR USE OF OUR IP IN ANY MANNER, OTHER THAN AS EXPRESSLY PERMITTED HEREUNDER (IN ADDITION TO BEING A BREACH OF THIS AGREEMENT) SHALL CONSTITUTE UNLAWFUL INFRINGEMENT OF OUR TRADEMARKS, COPYRIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS, AND MAY SUBJECT YOU TO CLAIMS FOR DAMAGES (INCLUDING WITHOUT LIMITATION, TREBLE DAMAGES FOR KNOWING OR WILLFUL INFRINGEMENT), AND THE OBLIGATION TO PAY OUR LEGAL FEES AND COSTS IN CONNECTION WITH ANY ACTION OR PROCEEDING IN WHICH WE SEEK TO ENFORCE OUR RIGHTS UNDER THIS AGREEMENT OR WITH REGARD TO ANY OF OUR INTELLECTUAL PROPERTY RIGHTS.
- 2.4 Affiliate is not allowed to post any refunds, credits, promotions, or discounts, or other content concerning VPNCity, unless VPNCity has given Affiliate prior written permission by an approved representative in each instance. Affiliates may ONLY use coupons, discounts, and promotions that are provided solely and exclusively by the Affiliate program using banners and links. If the Affiliate chooses to use custom advertising and/or promotional material that he, she, or a third-party other than VPNCity created in execution of the obligations set forth in this Agreement, the promotional material MUST be approved in advance in writing by an authorised representative of VPNCity. Any violations of the terms involving links, coupons, refunds, credits, promotions, or discounts shall constitute a material breach of this Agreement, and may result in Affiliate’s termination from the program or a withholding of one or more commissions.
- 2.5 Affiliate shall display and use the Advertisements in a way (i) that does not state or imply that Your site was established or is maintained by ; (ii) that does not state or imply that You are an authorised representative of ; (iii) that does not include the term “official” or any similar phrasing in reference to any Advertisements displayed or used by You; and (iv) that does not in any way mislead or deceive others.
- 2.6 VPNCity reserves the right to inspect and monitor Your site without notice and from time to time, and to ask You to submit documentation and copies of Your use of the Advertisements on Your site. Further, VPNCity reserves the right to require that You stop displaying or using any VPNCity material on Your site, if any displays or uses, at the sole discretion of VPNCity, are inconsistent with the affiliate program.
- 2.7 Affiliate also agrees not to post the Affiliate Code in any third party's newsgroups, blogs, unsolicited e-mail chains, link farms, chatrooms, or guestbooks in cases where the content or content of discussion is not related to the services offered by VPNCity as well as the rules of the third party platform. You may include the Affiliate Code on websites which are discussing personal computer services or in a relevant forum signature. You agree to never use automated bots to contribute comments containing VPNCity links.
- 2.8 AFFILIATE SHALL NOT MIMIC, CLONE, OR CREATE A CONFUSINGLY SIMILAR VERSION OF THE VPNCITY WEBSITE AND/OR TRADE DRESS TO DIRECT INTERNET TRAFFIC TOWARD AN AFFILIATE WEBSITE.
3. Endorsement Compliance
- 3.1 It is the intent of VPNCity to treat our customers fairly whilst demonstrating honesty, transparency and accountability. We require all affiliates to demonstrate the same principles including declaring material connections between advertisers and endorsers be disclosed. This means that directories, review/rating sites, blogs and other websites, email or collateral that purport to provide an endorsement or assessment of an advertiser (in this case VPNCity) must prominently disclose the fact financial or in-kind compensation is provided from the advertiser.
- 3.2 VPNCity reserves the right to withhold commission fees and terminate this Agreement with you should we determine, in our sole discretion, that Affiliate is not in compliance with the previously mentioned guide or other FTC regulations/guides deemed relevant by VPNCity.
4. Order Processing
- 4.1 VPNCity will process orders placed by Referred Customers who follow the Affiliate links from your website to the VPNCity website. We reserve the right in our sole discretion to reject orders that do not comply with account requirements that we may establish.
- 4.2 VPNCity is responsible for administering all new accounts including fulfilment, refunds, and payment processing. Upon tracking the qualifying purchase generated by your website, we will update your Affiliate account information on our website. It is Affiliate’s responsibility to ensure that the Affiliate links between your website and VPNCity are accurate and properly linked and formatted.
5. Determination of Commissions
- 5.1 The VPNCity affiliate program pays Affiliates a commission fee on each qualifying subscription under and in accordance with the terms set forth in this Agreement.
- 5.2 Each qualifying subscription must meet all of the following criteria (“standards”):
- Each Referred subscriber must be considered a new and unique visitor to the VPNCity website and must register by completing and submitting the Registration information using valid and unique account and billing information.
- Commissions may not be provided for a Referring Customer that is reactivating a previously closed or disabled account.
- All qualifying subscriptions must make a purchase, and provide valid payment for the purchased services. To generate a Commission Fee, each Referred subscriber must be up-to-date regarding payments at the time and date of the processing of the commission payment and not be subject to a chargeback, refund, cancellation, credit, or account suspension. In the event of a chargeback(s), no credits will be provided to the affiliate and all administrative costs for the chargeback(s) are deducted from the affiliate's payment for that month.
- If it is determined that a Referred Customer was provided an offer different from the promotions offered at that time by VPNCity, VPNCity will NOT pay a commission on that referred subscriber.
- 5.3 VPNCity reserves the right to withhold or suspend payment of any Commission Fees at any time and indefinitely, if it suspects in its sole discretion fraud, or other improper activity, or a breach of any terms of this Agreement by Affiliate OR a referred subscriber. VPNCity reserves the right to deduct from Affiliate’s current and future Commissions any and all fees relating to any questionable, fraudulent, or cancelled subscriptions related to the Affiliate account. If a commission has already been paid to Affiliate under the aforementioned circumstances, VPNCity will send an affiliate a bill for the balance of such refunded purchase upon termination of the program or termination of the referred subscriber.
- 5.4 VPNCity, in its sole discretion, reserves the right to withhold indefinitely, any Commission, and/or to reverse, deny, or reject any Commission for:
- any sale that has not been in an approved status in good standing as an account of Shell.com for a period of at least sixty (60) days,
- all commissions generated for accounts that may be fraudulent, including but not limited to the use of software that generates real and fictitious information,
- all orders identified or suspected to be fraudulent based on a pattern of potentially fraudulent activity, including, without limitation, multiple accounts from the same customer, or referral of accounts which do not comply with this Agreement,
- altering hyperlinks provided to Affiliate by VPNCity in any way,
- affiliates whom we believe may be artificially submitting Referred Customers, engaging in the advertisement of business-opportunity sites (as determined by VPNCity in its sole discretion), using marketing practices that we deem as unethical or likely to attract
- fraudulent signups and/or signups with a very low likelihood of renewal, or
- referred Customers that have been offered or received coupons, refunds, credits or discounts from the Affiliate or for Referred Customers who have joined a business opportunity program that is managed or participated in by the Affiliate but is also unapproved by VPNCity.
- Attempts by Affiliates to inflate, falsify, or manipulate Referred subscribers, qualifying subscriptions, or Commission fees to intentionally defraud VPNCity or engage in violations of any of the present Terms of this Agreement constitute immediate grounds for termination of this Agreement as well as forfeiture of any currently pending and unpaid Commission fees.
- 5.5 Affiliates who request Commissions for Referred Subscribers who are already associated with a VPNCity reseller may be removed as a pending or unpaid commission. Affiliates are not eligible for “double” compensation using commissions.
- 5.6 Affiliate should note that if a web browser is not set to allow cookies then any commission shall only be credited at the time the subscriber visits the affiliate landing page through the affiliate link and purchases the service on that landing page.
6. Commission Payments
- 6.1 VPNCity agrees to compensate Affiliates subject to the terms of this Agreement, a Commission equal to a specified percentage or monetary amount set forth in a designated Affiliate Console on all Qualifying Subscriptions and Referred Subscribers. Affiliate understands that Affiliate payments are issued on request using the Customer Administration Panel or by contacting Customer Support following the 60 day hold period. Recurring subscribers will count as a potential Affiliate Payment throughout the lifetime of the subscriber. Affiliates understand that they may have to wait at least one full sixty (60) day period before being eligible to receive payments.
- 6.2 Affiliate may be required to provide photographic identification for verifications cases and prevention of abuse of the affiliate system, including money laundering, An Affiliate’s payout shall be put on hold until verification is provided. Accepted identity documents include.
- Government-issued photo ID
- National Identity Card
- 6.3 It is the Affiliate's responsibility to notify and inform VPNCity regarding updated business and e-mail addresses, as well as to any changes to any information relevant to this Agreement such as name, payment method information, email address, or other personal information.
- 6.4 If an affiliate is terminated as a result of a breach of this agreement, Affiliate understands that they forfeit all rights to any unpaid new or recurring subscription commissions generated during the Term of this Agreement.
7. Payment Forms
- 7.1 Commissions to Affiliates are paid based on the information provided by Affiliates in the affiliate page of the Customer Administration Panel. You understand that it is your obligation to maintain current address and business information by updating your profile with VPNCity and submitting the relevant proposed banner placement before you are eligible to receive any commission based on this Agreement.
- 7.2 Affiliate understands that Affiliate is also responsible for providing the preferred payment medium by VPNCity.
- 7.3 Affiliate may elect to receive Commissions from Referred subscribers in the form of a Paypal payment. Paypal policies govern payments and eligibility for companies or individuals located outside the United States, so please check with Paypal to confirm that you are eligible to receive payments.
- 7.4 Affiliate understands that all payments or third-party fees charged by your banking institution, Paypal, or other payment provider for Commissions are Affiliate’s responsibility and are not incurred or paid by VPNCity.
- 7.5 VPNCity in its sole discretion, reserves the right to modify the present section of the Commission payment terms described herein at any time. Changes are to take effect upon posting.
8. Affiliate Obligations
Affiliate understands that they are solely responsible for the content, development, operation, and maintenance of their Website and for any and all materials that appear on said site. Such responsibilities include but are not limited to, technical operation, advertising, proper hyperlinks, description of services, promotions, and accuracy of content. Affiliate understands that VPNCity disclaims all liability and responsibility for the aforementioned matters.
9. VPNCity Obligations
- 9.1 VPNCity agrees to provide Affiliate with necessary materials and affiliate codes to properly link your Affiliate account to VPNCity. VPNCity agrees to review purchases referred to VPNCity from Affiliate, to track the volume and number of Qualifying Subscriptions originating from Affiliate’s unique code, and provide statistics related to each Affiliate’s purchase statistics. Determinations made by VPNCity regarding the foregoing shall be binding on the Parties absent manifest error.
- 9.2 VPNCity has the right to monitor sign ups through Affiliate’s website at any time and from time to time in order to assess compliance with these Terms and Conditions. Lack of compliance regarding any part of this Agreement is sufficient grounds for termination of the Affiliate Agreement.
10. Subscriber Policies and Pricing
Qualifying referred subscribers who subscribe to VPNCity through an Affiliate are deemed to be the clients or customers of VPNCity. Thus, all rules, policies, Agreements and operating procedures concerning VPNCity will apply in full to those clients.Affiliate understands that VPNCity may alter any of its policies at any time. Affiliate understands that pricing and availability of VPNCity services may be subject to change at any time. VPNCity agrees to provide commercially reasonable efforts to present accurate information to Affiliate, but VPNCity cannot guarantee the availability or price of any particular service. It is important to understand that Affiliate by assenting to these terms also agrees to the VPNCity Terms of Service.
This Agreement shall be binding; the failure of VPNCity to enforce the strict performance of the terms of any provision of this Agreement shall not be deemed a waiver of the right of VPNCity, employees, agents, partners, or its officers to subsequently strictly enforce any provision of this Agreement.
12. Email advertising
Affiliate agrees not to create, publish, transmit or distribute, under ANY circumstances, any bulk electronic mail messages ("SPAM") without prior written consent from VPNCity for each and every day when any bulk mailing will occur. VPNCity, in its sole discretion, reserves the right to reject each and every email mailing. Additionally, Affiliate may only send emails containing a VPNCity affiliate link and or a message regarding VPNCity or VPNCity's Affiliate Program to individual(s) who have been previously contacted and whom consented to the fact that Affiliate will be sending one or more emails containing VPNCity information or information about the VPNCity affiliate program. Failure by Affiliate to abide by this section or our Anti-Spam Policy as defined in the Terms of Service, in any manner, will be deemed a material breach of this Agreement by Affiliate and Affiliate will foreclose any and all rights they may have to any commissions. If Affiliate’s account is found to have excessive email generated traffic within a short period of time as determined by VPNCity in its sole discretion, the Affiliate relationship may be terminated.
The Terms and Conditions contained herein and any rights and licences granted hereunder, may not be transferred or assigned by Affiliate, but may be assigned by VPNCity without restriction. Any right to assign or transfer the obligations under this Agreement by Affiliate requires the express written consent of VPNCity.
The terms and conditions contained herein constitute the entire Agreement between the Parties. If a court of competent jurisdiction holds any term, clause or provision of the present agreement invalid or unenforceable, such invalidity shall not affect the validity or operation of any term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from this Agreement.
Affiliate agrees that all information including, without limitation, the terms of this Agreement, business and financial information, VPNCity vendor lists, and pricing and sales information, shall remain strictly confidential and shall not be utilised for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the disclosure hereunder. Affiliates understand that they will act with due diligence to prevent a disclosure of confidential information.
16. Affiliate Representations and Warranties
Affiliate represents and warrants to VPNCity as follows:
- You are at least eighteen (18) years of age and of sound mind to enter into a legally binding contract.
- The present Agreement has been duly and validly executed and delivered by Affiliate and contains Affiliate’s legal, valid, and binding obligation, enforceable against Affiliate in accordance with its terms.
- No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by Affiliate in connection with the execution, delivery, and performance of this Agreement or the taking by Affiliate of any other action contemplated hereby.
- The execution, delivery, and performance by Affiliate of this Agreement and the consummation by Affiliate of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate: (i) any provision of law, rule, or regulation to which Affiliate is subject, (ii) any order, judgement, or decree applicable to Affiliate or binding upon Affiliate assets or properties, (iii) any provision of Affiliate’s by-laws or certificate of incorporation, or (iv) any agreement or other instrument applicable to Affiliate or binding upon Affiliate assets or properties.
- There is no pending or, to the best of Affiliate’s knowledge, threatened claim, action, or proceeding against Affiliate, or any Affiliate of Yours, with respect to the execution, delivery, or consummation of this Agreement, and, to the best of Affiliate’s knowledge, there is no basis for any such claim, action, or proceeding.
- During the term of the Agreement, Affiliate understands that they are not to include in Affiliate promotions content that is, in Our opinion, unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically, or otherwise objectionable or are in violation of Our Terms of Service or Acceptable Use Policy.
- Each Referred Customer and each Qualifying Purchase referred or submitted by Affiliate to VPNCity, is valid, genuine, unique and not fraudulent and meets each of the Criteria for generating a Commission Fee as provided in this Agreement.
Affiliate hereby agree to indemnify and hold harmless VPNCity and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
- (i) Any claim that Affiliate’s use of their Trademarks infringes on any trademark, trade name, service mark, copyright, licence, intellectual property, or other proprietary right of any third party,
- (ii) Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by Affiliate herein, or
- (iii) Any claim related to Affiliate’s website, including, without limitation, its development, operation, maintenance and content therein not attributable to VPNCity.
18. Agreement Term
- 18.1 The Agreement term begins upon VPNCity’s acceptance of Affiliate’s application and ends when terminated by either Party with or without cause. Affiliate is only eligible for Commissions earned during the term of this Agreement, and Commissions earned through the date of termination remains payable only if the orders are not cancelled and comply with all of the present Terms herein. Affiliate understands that if the Agreement is terminated and a payment is outstanding, VPNCity may withhold the final Commission for a reasonable time to ensure that all subscriptions qualify for a Commission as determined by VPNCity in its sole discretion.
- 18.2 Any Affiliate who breaches either this Agreement or the Terms of Service will immediately forfeit any right to any and all Commission Fees and will be terminated from the VPNCity Affiliate program. In the event Affiliate exceeds chargebacks to their account that exceeds five percent (5%) of that month’s sales and commissions, VPNCity reserves the right to terminate Affiliate's account minus chargebacks and all administrative costs, fees, and fines to recoup against the chargeback activity. Affiliate understands that the Agreement may automatically terminate and all commissions may be forfeited upon Affiliate’s violation of any terms of this Agreement or any applicable law or regulation having force of law.
- 18.3 VPNCity reserves the right to remove an Affiliate from the Affiliate Program, and to terminate or suspend this Agreement, at any time in VPNCity’s sole discretion.
19. Limitation of Liability
- 19.1 VPNCITY WILL NOT BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OF REVENUE, PROFITS, OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR THE AFFILIATE PROGRAM, EVEN IF VPNCITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, THE AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAM TO VPNCITY WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE 3-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
- 19.2 IN NO EVENT SHALL VPNCITY, ITS PRINCIPALS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, AGENTS, EMPLOYEES, AND ASSIGNS BE LIABLE TO AFFILIATE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY DELAY OR FAILURE.
- 19.3 TO PERFORM AS REQUIRED BY THIS AGREEMENT AS A RESULT OF ANY ISSUE, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, TERRORISM, WARS, RIOTS, OR ACTS OF CIVIL OR MILITARY AUTHORITY.
- 20.1 We reserve the right to modify and update these Terms at Our sole discretion, at any time, for any or no reason, and without liability, as indicated below. The amendment of Terms may be communicated to you by sending an email and/or by publishing the updated Terms on the VPNCity website.
- 20.2. We also reserve the right to modify, update, or suspend the operation of the VPNCity Services at our sole discretion, at any time, for any or no reason, and without notice or liability.
- 20.3. All users of VPNCity Services are obliged to ensure that they are familiar with the most current wording of the Terms. The change of the Terms may be communicated to you by publishing the updated Terms on VPNCity website, where the date of the most current wording of the Terms is indicated at the top of the web page. Since you agree to be bound by these Terms each time you use the VPNCity services, please consider reviewing the Terms each time you use the VPNCity services. Each update of the Terms comes into force as of the moment when it is published on this web page. You understand and agree that any continued use and access to the VPNCity Services after any updates to these Terms are published, means that you voluntarily agree to be bound by the updated Terms.
- 20.4. The Terms constitute an agreement between you and us regarding the use of the VPNCity Services. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- 20.5. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. You may not assign or transfer your rights or obligations under these Terms to any third party.
- 20.6. VPNCity is a company registered in the British Virgin Islands and as such our Terms of Service are governed by the laws of the British Virgin Islands. Through using VPNCity services or utilising the VPNCity website, you agree to our Terms of Service and an exclusive jurisdiction of the British Virgin Islands for any and all relative disputes.
- 20.7 By agreeing to our Terms of Service, you also agree that any claims you may bring forth against VPNCity for any reason, must be decided through arbitration rather than alternative methods. In the case of arbitration, the arbitrator must be a professional with a strong background in relation to networking, computer systems, and virtual private networks.
21. Relationship between the Parties
Affiliate understands that the relationship between VPNCity and Affiliate is that of an independent contractor, and nothing in the present Agreement creates a partnership, joint venture, agency, franchise, sales representative, shareholder, or employer/employee relationship between the Parties. Affiliate understands that they have NO authority to make or accept any offers or representations on behalf of VPNCity.
22. Independent Review and Investigation
This Application submission acknowledges that Affiliate understands and has read this Agreement in full and agrees to be bound by all the Terms and Conditions. Affiliate understands that other Affiliates may have a different relationship with VPNCity than Affiliate, including competitors. You agree that You have independently reviewed and assessed the advantages and disadvantages of participating in this Affiliate program and You are not relying on any guarantees, representations, or statements other than this Agreement as set forth herein.
I, AS A POTENTIAL AFFILIATE INDICATE MY ASSENT TO THIS AGREEMENT AND MY DESIRE TO BECOME AN AFFILIATE HEREIN BOUND BY THE AFOREMENTIONED TERMS AND CONDITIONS BY COMPLETING AND SUBMITTING THE AFFILIATE PROGRAM SIGNUP FORM, BY SUBMITTING PROPOSED REFERRED CUSTOMERS OR QUALIFYING PURCHASES TO VPNCITY UNDER OUR AFFILIATE PROGRAM AND/ OR BY COLLECTING AND COMMISSION FEES FROM US.
If you have questions or concerns regarding these Terms please contact us at email@example.com.