Terms and Conditions



For the purpose of these Terms and Conditions (hereinafter “T&C”), the following terms shall have their respective definitions:

a. “Confidential Information”
a.i. Any trade secret, know-how, invention, software program, product(s), service(s), application(s), documentation, schematic, procedure, contract, information, knowledge, data, process, technique, design, drawing, program, formula or test data, work in progress, engineering, manufacturing, marketing, financial, sales, prices, supplier, customer, employee, investor, third party relationships or business information, whether in oral, written, graphic or electronic form;
a.ii. Any non-public business information, including, without limitation, personnel data; correspondence with governmental agencies; historical customer information and data; historical cost information such as budgets and operating expenses and capital costs; and projected capital additions and operating cost information;
a.iii. Any document, diagram, photograph, drawing, computer program or other communication that is either conspicuously marked "confidential", or is known or reasonably should have been known by the Party in possession to be confidential; and
a.iv. Any advice, information, exhibits, documentation or any other information that a Party reasonably expects would be protected by attorney-client privilege or work product doctrine or other applicable privileges.
b. “Affiliate’s Partner” or Partner – any party who works with Affiliate to generate traffic in order to cover Affiliate’s need in supply.
c. “Promotional materials” – any web page, creative or other materials that are being used by Affiliate or Affiliate’s Partners to advertise current advertising offers provided by MacKeeper.
d. “Tail payment” – the commission that Affiliate receives for the sale of MacKeeper’s product that occurred after the Affiliate stopped sending traffic to the campaign upon which these T&C had been concluded.
e. “Aggressive promotional Materials” - shall include, but not limited to: creatives, ads, video ads, banners, buttons, text-links, graphic files, software or any kind of similar and/or related online advertising media content which was created by the Affiliate for MacKeeper, (or in any way modified by the Affiliate).
f. “Prohibited Activity” - means any illegal or abusive activity including but not limited to the following activities: (а) using automated or direct installation of a program or using any automated program intended to generate non-human clicks (this may include: using scripts, web crawlers, spiders, bots or other similar non-human programs that result in installation of a Product or any other program without the end user’s knowledge); (в) hacking, interfering, uninstalling or disabling any third party content, application, widget or any program or any part thereof ; (с) generate, use, distribute or propagate viruses, worms, Trojan horses, or any other malicious code, file or program; (d) use the end user's device for purposes that are unwarranted and unexpected by the end user (such as consuming bandwidth or computer resources, spamming or obtaining personal information from an end user’s device); (e) take any action that may harm the security of end user’s device or the privacy of the end user, or materially interfere with or disrupt web navigation or browsing; (f) using any misleading, deceptive or fraudulent practice whatsoever with respect to promotional Materials, the software or end user’s system.


Upon acceptance by Affiliate of contained herein and continued compliance herewith, the Affiliate shall be allowed to participate in the MacKeeper Affiliate Program (the "Program") wherein MacKeeper shall enable the Affiliate to use certain intellectual property of MacKeeper at the Affiliate's Websites for marketing and promotional purposes and as consideration for any traffic directed by the Affiliate to MacKeeper through the Affiliate's marketing and promotional efforts and that converts into revenue to MacKeeper, MacKeeper shall pay the Affiliate compensation, as set forth in section 3 below.


MacKeeper grants the Affiliate with each of the following:
2.1 The non-exclusive right to refer, direct or send visitors or users of the Affiliate's Website(s) to websites owned, controlled and/or operated by MacKeeper ("MacKeeper Websites").
2.2 A limited non-exclusive, non-transferable and revocable license to access and download promotional banners and other promotional materials created and owned by MacKeeper for use at the Affiliate Websites for exclusive purpose of advertising, marketing or promoting MacKeeper Websites. The Affiliate may post as many of these banners and other materials on its site(s) as desired.
2.3 MacKeeper owns and retains all rights, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the files, promotional banners and other material provided by MacKeeper, including all images and software therein. Upon termination of the Affiliate's participation in the Program and/or termination of these T&C, the grant of right and license set forth in subsection 2.2 above shall cease and terminate, and the Affiliate shall immediately remove all MacKeeper files, banners, ads, and any and all other MacKeeper intellectual property, copyrighted material, trademarks, and patents, if any, from the Affiliate's Websites.
2.4 The Affiliate is not authorized and shall not change MacKeeper's names, file names, trademarks, design logos, banners, ads or other material for any purpose other than as expressly set forth herein or in any modification to these T&C by MacKeeper.
2.5 The Affiliate specifically acknowledges and agrees that it shall not modify, edit, resize or otherwise change any of MacKeeper's names, file names, trademarks, design logos, banners, ads or other material for any purpose whatsoever. The Affiliate further acknowledges and agrees that any such change or changes will be a material breach of these T&C and shall constitute an infringement of MacKeeper's copyrighted and/or trademarked intellectual property.
2.6 The Affiliate agrees and covenants to notify MacKeeper of all Uniform Resource Locator (URL) a.k.a. "Website" locations where it has published MacKeeper's names, file names, trademarks, design logos, banners, ads or other material pursuant to these T&C, specifically identifying the names, file names, trademarks, design logos, banners, ads or other material posted at each URL. The Affiliate further acknowledges and agrees that failure to notify MacKeeper of these locations constitutes a material breach of these T&C and each such posting of which Affiliate fails to notify MacKeeper shall constitute an infringement of MacKeeper's copyrighted and/or trademarked intellectual property.
2.7 The Affiliate hereby agrees NOT to promote, advertise or distribute MacKeeper by means of Google Network and/or AdWords without prior written approval of MacKeeper Affiliate Manager.
Note: Upon violation of paragraph 2.7 Affiliate is obliged to pay out a compensation in the amount equal to the losses inflicted due to the violation including but not limited to the expenses caused by a lawsuit addressed to MacKeeper. The minimal amount of compensation that Affiliate is obliged to pay to MacKeeper in case of violation of paragraph 2.7 of these T&C is $10,000 (ten thousand US Dollars) as a compensation fee.


3.1 Affiliate is not allowed to:
(i) run pop-under ads; pop-ups; redirects; pre-lends;
(ii) run Aggressive promotional Materials;
(iii) to use techniques that intercept traffic;
(iv) Directly or indirectly generated queries, installs, downloads, sales, impressions of or clicks on any Advertising Material through any automated, deceptive, fraudulent or other invalid means of Traffic generation (e.g., but not limited to: scripts, web crawlers, spiders, bots, automated query tools or Other similar non-human software) that result in actions without the End User’s knowledge; to conduct fake installation from virtual machines;
(v) to use words such as “APPLE”, “MAC-UPDATE”, ”MACKEEPER” (and any similar variations of these words) in the names of their domains;
(vi) to use Google Display Network. Affiliate can drive traffic to their sites and promote Advertising Materials there;
Affiliate can run campaigns only on the links provided by MacKeeper;
(vii) to promote offers via automatic redirect to cart page URL’s;
(viii) to conduct prohibited activity.
3.2 Misleading advertising practices
Affiliate is not allowed to:
(i) Assign a value to free products resulting in an inflated product value
(ii) Deceptive domain registrations
(ii) Affiliate is not allowed to register a domain which might be infringing copyrights and trademark.
3.3 Fraudulent product reviews
Affiliate is not allowed to:
(i) Post a product review without disclosing the true author and affiliation.
(ii) Post or direct a third party to post a disparaging review for a competitive product and/or service.
Other contradictory business practices
Affiliate is not allowed to:
(i) Emailing to users who have not explicitly opted in to a mailing list.
(ii) Refusing to honor an unsubscribe request within 10 business days.
3.4 Affiliate represents and warrants that it shall ensure that while distributing MacKeeper’s Products, MacKeeper’s Products are not used and/or placed in any context/placed on any internet/web page that harms the goodwill or reputation of MacKeeper or that disparages or brings MacKeeper into disrepute, including, but not limited to websites that contain misleading, harmful, abusive, harassing, defamatory or other offensive materials. Further, both Parties commit not to involve, advertise or distribute's software, Promotional Materials or any kind of related MacKeeper’s content with adware, spywares or any other kind software/online scripts that may be malicious for the User. Also Affiliate shall monitor the appearance and content of its Media sources and how it affects the Users that visit such web-pages. MacKeeper disapproves promotion of any of its offers on web-pages and other resources that do not comply with other requirements and restrictions defined in this article or that contain materials, visuals, texts etc. that mislead the Users who visit such web-pages. In case MacKeeper detects that Affiliate and/or any of its partners conduct Fraudulent Activity, MacKeeper may withhold payments until further notice, block Affiliate’s Media or act in any way it deems fit immediately. Both parties may discuss each case of Fraudulent Activity. In any case MacKeeper shall not under any circumstances be liable for fraudulent activity conducted by Affiliate.
Fraudulent Activity - means any activity conducted by either Party that does not comply with the laws of the region or state where the Parties operate or that misleads or deceives the User(s) to whom this advertising campaign is aimed.
Affiliate may use Advertising Materials only created by MacKeeper for MacKeeper's campaigns. If Affiliate or one of its Partners violates this obligation, MacKeeper may withhold the payment to the Affiliate for the actions, which were delivered from Aggressive Promotional Materials upon its sole discretion.
It is the Affiliate responsibility to make sure that the distribution of the Products (including any media buying efforts) is made at all times under a quality and high standard, and in compliance with applicable laws, rules, regulations and policies, including, but not limited to those applicable policies of Google (Chrome, Advertising and Safe Browsing Tool) and Microsoft.
3.5 The Affiliate:
(i) must not trick the users into installing anything they declined before, and do not silently install together with the Product/s any other program unless users provide their consent for such installation;
(ii) must not use Social Engineering Practices;
(iii) no download shall be revoked directly from an advertisement.
The Affiliate must not drive-by install practices, or any other installation process that is not triggered by a user action.
3.6 Affiliate is not allowed to use any third-party trademarks, copyrights, branded terms, URL etc., in any promotional method, unless the proper trademark and copyright notices are made on relevant promotional materials and rights-holder has given specific permission to do so.
3.7 The Affiliate must not apply hijacking or hacking practices to facilitate distribution and/or installation of the Product. An installation flow shall be only triggered by a user’s action.
If the product is offered as part of a software bundle: Affiliate must not hide offers, make each offer visible and clear of what the product is, if it is the carrier product or commercial offer and provide to users with the ability to accept or decline each offer; No post-install bundle of offers.
If the product is offered as part of a payment page/shopping cart of other products: Affiliate must not trick users into purchasing the Product (or other products) if they chose not to do so, and make sure you have their full consent for any purchase of the Product.
Affiliate shall be liable to MacKeeper for all obligations of Affiliates, third Parties, acting as associate contractors. In case Affiliate breaks general compliance/transparency/choice/no misleading or deceptive practices provision, MacKeeper reserves the right not to be charged for traffic generated by this violation.
Rotation. Promotional Material’s positions are subject to rotation during the duration of any Campaign run. This means that more than one Ads may display in the same Ads position for same User based on metrics established by MacKeeper to ensure fair and best practices for MacKeeper. MacKeeper reserves the right to provide Ads which will be the subject of rotation and to determine the order of rotation and this issue is the subject of negotiation between the Parties (via email).
The MacKeeper ensures that it does not collect any Personal Data from users, without their explicit consent. If the Affiliate (third Parties acting as associate contractors) collects any Personal Data from users, then MacKeeper does not bear any responsibility for it. Affiliate guarantees that it is solely responsible for the collection of Personal data from users and that it carries out it in accordance with applicable Privacy Law. In case Affiliate collects Personal data from users of the European Union, then Affiliate must act in accordance with General Data Protection Regulation (Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC).
Note: Upon violation any of paragraph 3 MacKeeper has the right to terminate these T&C and Affiliate is obliged to pay out a compensation to MacKeeper in the amount equal to the losses inflicted due to the violation including but not limited to the expenses caused by a lawsuit addressed to MacKeeper. The minimal amount of compensation that Affiliate is obliged to pay to MacKeeper in case of violation of paragraph 3 of these T&C is $10,000 (ten thousand US Dollars) as a compensation fee.


MacKeeper will pay the Affiliate for providing Web traffic to MacKeeper Target Page(s) from a banner or a link posted at the web page(s) of the Affiliate's site(s) for sales generated by that traffic. For details on the current commission rates for the sales generated, contact MacKeeper representatives.
4.1 All payments are made in U.S. dollars. Payments are processed on the 1st and 16th of each month. Payment will only be sent if the amount due to the Affiliate is at least US $100. Payment will be carried over from week to week until the amount due to the Affiliate is at least US $100. A "Pay Period" is defined as a two-week period commencing on the 1st and 16th day of each given month at 12:00 AM Pacific Standard Time and ending two weeks later on the 15th /last day of the month at 11:59 PM Pacific Standard Time. If the Affiliate is a foreign, non-United States resident participant, the Affiliate may request MacKeeper to withhold payment until the amount due is US $300 or greater, so as to incur lower banking fees.
4.2 The Affiliate agrees, by accepting and negotiating payment received from MacKeeper, that the payment received is payment in full for any and all advertising space and traffic for the Pay Period to which the payment applies.
4.3 A "referral" from the Affiliate Website entitling the Affiliate to a "commission" is defined as follows:
(i) A person who has been directed to an authorized website owned, controlled or operated by https://affiliates.mackeeper.com/ ("MacKeeper Website") through the use of a hypertext transfer link residing at the Affiliate's Website in the form of a banner ad or other promotional link which automatically connects any person that clicks on the banner ad or other promotional link to a MacKeeper Website, and which banner ad or other promotional link has been supplied to the Affiliate as part of the Program; and
(ii) That person who, after having been directed to a MacKeeper Website through the use of the hyperlink banner ad or other promotional link supplied to the Affiliate residing at the Affiliate's Website, has been converted into a subscriber or member of a MacKeeper Website.
4.4 "Webmaster Referral" Program: MacKeeper will also compensate the Affiliate for sales generated by other affiliates referred to MacKeeper by the Affiliate. When a new webmaster affiliate signs up for the Program through the approved Webmaster Referral link provided to the Affiliate by MacKeeper, the Affiliate will receive a commission on each sale generated by that referred webmaster affiliate. For details on the current commission rates for the MacKeeper Webmaster Referral program, contact MacKeeper representatives. Affiliates are prohibited from "referring" their own accounts/sales, as such "self-referrals" will result in termination of all Program accounts operated by the Affiliate.


5.1 Affiliate is not entitled to receive any commission from the moment Affiliate violates any term of these T&C.
5.2 Affiliate is not entitled to a commission for any MacKeeper subscriber sent or referred to a MacKeeper Website in violation of terms of these T&C, or for any MacKeeper subscriber that does not fall within the terms of paragraphs 5.4 (i) & (ii).
5.3 The Affiliate is not entitled to a commission from MacKeeper for any subscription which MacKeeper determines is the result of potential fraudulent activity. MacKeeper shall have the right, in its sole and absolute discretion, to expand or modify what it determines to constitute potential fraudulent activity. Without limiting the foregoing, potential fraudulent activity includes without limitation, the following circumstances or activities:
(i) The subscriber used or attempted to use a credit card number that is in a "negative database";
(ii) There are multiple subscriptions from a single Internet Protocol (IP) address within a one (1) month period of time;
(iii) There are sequential or multiple subscriptions under different names, or variations of the same name using the same credit card number, or sequential names or patterns of names using different credit card numbers;
(iv) There is a pattern of "bursting subscriptions" characterized by numerous subscriptions from a website in a relatively short time span (the "bursting period"), where there has been history of few subscriptions from that website before or after the bursting period.
(v) There are sequential or multiple attempts to register or subscribe from a credit card using the same "bin number" and sequential or multiple number strings are used to complete the credit card number.
(vi) There are subscriptions from an IP address that matches the IP address the Affiliate used when establishing an account in the Program, or an IP address that is otherwise known to be used by the Affiliate.
5.4 MacKeeper has the right to deny or withhold payment from the Affiliate, and to terminate the Affiliate from the Program, if there is an abnormal number of chargebacks or cancellations of software orders or subscriptions which have been referred to MacKeeper through the Affiliate's Websites. MacKeeper shall determine, in its sole and absolute judgment, what constitutes an abnormal number of chargebacks or cancellations of software orders or subscriptions.
5.5 In the event campaign between Affiliate and MacKeeper is stopped MacKeeper does not remit any “tail payments” whatsoever to Affiliate.


6.1 These T&C is not for any specific term or duration of time. The Affiliate may terminate these T&C at any time, for any reason or for no reason; and, these T&C and/or the Program may be terminated by MacKeeper, in its sole and absolute discretion, at any time, for any reason or for no reason.
6.2 The Affiliate shall terminate participation in the program by notifying MacKeeper by E-mail at affiliates@mackeeper.com of the Affiliate's intent to terminate participation in the Program.
6.3 In the event these T&C is terminated, the Affiliate shall be entitled to any unpaid commissions or referral fees earned prior to the date and hour of termination. The Affiliate shall not be entitled to receive any commissions or referral fees for any "referrals" delivered or received after the date and time of termination.
6.4 If these T&C is terminated due to the Affiliate's breach of any portion of these T&C, MacKeeper reserves the right to withhold any amounts then due and owing.


7.1 The Affiliate shall only use and promote at the Affiliate Websites MacKeeper created by MacKeeper advertising banners, links, and other promotional materials. The Affiliate hereby agrees NOT to promote, advertise or distribute MacKeeper using Promotional materials that were not created by MacKeeper’s Compliance dept.  Affiliate agrees that he is fully responsible for the activities of its partners.
Note: Upon violation of paragraph 7.1 Affiliate is obliged to pay out a compensation to MacKeeper in the amount equal to the losses inflicted due to the violation but not limited to the expenses caused by a lawsuit addressed to MacKeeper. The minimal amount of compensation that Affiliate is obliged to pay to the MacKeeper in case of violation of paragraph 7.1 of these T&C is $10,000 (ten thousand US Dollars) as a compensation fee.
7.2 The Affiliate shall not use or employ any form of mass unsolicited electronic mailings, newsgroup postings, IRC postings, adware, spyware, malware marketing or any other form of "spamming" as a means of promoting the Affiliate Websites or for the purpose of directing or referring users to any websites owned, operated or controlled by MacKeeper. The Affiliate further acknowledges and agrees that MacKeeper has the right to immediately, and without notice, terminate the Affiliate’s participation in the Program if MacKeeper, in its sole and absolute discretion, concludes that the Affiliate has engaged in the use of any form of mass unsolicited electronic mail solicitations, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, malware marketing or any other form of "spamming". NOTE: MACKEEPER HAS ZERO TOLERANCE FOR SPAMMING. IF THE AFFILIATE SPAMS, PARTICIPATION IN THE PROGRAM WILL BE TERMINATED, THE AFFILIATE WILL BE BARRED FROM FUTURE PARTICIPATION IN THE PROGRAM AND ALL FUNDS OTHERWISE DUE TO THE AFFILIATE WILL BE FORFEITED TO MACKEEPER. AFFILIATES WISHING TO SEND TRAFFIC TO MACKEEPER SITES VIA ELECTRONIC MAIL PROMOTIONS MUST DO SO IN COMPLIANCE WITH THE CAN-SPAM ACT, THE FTC's FINAL RULE REGARDING SEXUALLY EXPLICIT COMMERCIAL EMAIL AND THE TERMS LISTED BELOW: The initially viewable area of the email must include the following: a. clear and conspicuous notice that the email message is for an advertisement or solicitation b. clear and conspicuous opt-out instructions and link c. functioning return email address or other Internet-based mechanism to opt out; d. clear and conspicuous valid physical postal address of the email sender. "Clear and conspicuous" means that the recipient must be able to actually read the text without altering it. One cannot, for example, place the physical address (or other required information) in a color that cannot be distinguished from the background, or in a font size that is too small to read. If you have any questions concerning the MacKeeper mailing terms, please contact affiliates@mackeeper.com.
7.3 Except as expressly authorized by MacKeeper in writing, the Affiliate shall not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by MacKeeper pursuant to these T&C in whole or in part, in any form or manner, at any time or anywhere in the World.
7.4 The Affiliate shall ONLY use Promotional Pictures and Images provided by MacKeeper to promote sites that are included in the Program. For purposes of these T&C Promotional Software, Pictures and Images means any of the executable files, images and/or videos provided in zip file format on https://affiliates.mackeeper.com/.
7.5 All content displayed at any website containing MacKeeper banners or links, and all content displayed at any website to which the Affiliate provides third-party links, must comply with all local laws and community standards. Accordingly, the Affiliate shall not include, or link to, any of the following within a website that contains MacKeeper banners or links, or directly or indirectly link any of the following content or material to any MacKeeper website through any hyperlinks maintained or created at the Affiliate's Websites:
(i) Any material deemed by MacKeeper to be threatening, abusive, hateful, defamatory, libelous, slanderous, scandalous or injurious to the reputation of any person or entity;
(ii) Any material which constitutes an infringement, misappropriation or violation of any person's intellectual property rights including without limitation, copyrights, trademarks, rights of publicity, patent rights, personal property rights, privacy rights or any other intellectual property rights; or
(iii) Any program, file, data stream or other material that contains viruses, worms, "Trojan horses" or any other destructive feature, regardless whether the damage is intended or unintended, which may cause damage to any computer equipment, loss or corruption of data or programs or inconvenience to any person.


The Affiliate hereby represents and warrants each of the following:
8.1 That if the Affiliate is an individual person, he/she is over the age of eighteen (18) years;
8.2 That if the Affiliate is an entity (i.e., corporation, limited liability company, etc.), all individuals employed or associated with Affiliate in any way are over the age of eighteen (18) years; and
8.3 That the individual who provides information pursuant to the Program and accepts these T&C has full, lawful power and authority to enter into and to carry out the terms of these T&C.


9.1 MacKeeper shall have the right, in its sole and absolute discretion, to terminate the Program and any and all Program Benefits relating to the Affiliate's participation in the Program at any time and may do so with or without cause.
9.2 MacKeeper shall have the right, in its sole and absolute discretion, to change or modify the Program without limitation. If at any time MacKeeper changes or modifies the Program, the Affiliate shall have the right to withdraw and terminate participation in the Program.
9.3. MacKeeper reserves the right to request for Audit of all materials and documents that are being used in advertising with corresponding Affiliate in case if:
(i) MacKeeper finds confirmed information about advertising of products or services by the Affiliate that is being or has been done with violation of paragraph 3 of these T&C.
9.4. Upon MacKeeper’s request the Affiliate is obliged to provide all needed information in order to conduct an audit. The information required includes but is not limited to: all banners, landing pages, pre-landers, websites, installers etc. used to promote MacKeeper’s product. The audit may be conducted in two ways:
(i) by a third party that had been primarily chosen by a mutual agreement between MacKeeper and Affiliate. Such audit shall be maintained solely at the expense of the Affiliate;
(ii) by MacKeeper and its Compliance dept., at the expense of MacKeeper.


10.1 Nothing contained in these T&C shall create or be deemed to create a partnership, joint venture or other business combination or venture of any kind between the Affiliate and MacKeeper, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in these T&C constitute or create any agency or employment relationship between the Affiliate and MacKeeper, its subsidiaries, affiliated entities, successors or assigns.
10.2 MacKeeper has no control over nor ownership interest in the Affiliate or the Affiliate's Websites, and the Affiliate has no financial or other interest in MacKeeper, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.


11.1 MacKeeper does not monitor, supervise or review content contained at the Affiliate's Websites. MacKeeper is not responsible for any content appearing or otherwise distributed on, at or in association with the Affiliate's Websites that is provided by the Affiliate or independent third parties.
11.2 MacKeeper has no direct or indirect control over the content of performances or services, the manner of performances or services, or the time or duration of provision of performances or services by the Affiliate on, at or in association with the Affiliate's Website except as specifically set forth in these T&C.


MacKeeper makes no guaranty of any kind with respect to the Program or materials provided by, through or in association with the Program, and all materials are provided to the Affiliate "as is", and use of the Program and associated materials is solely at the Affiliate's risk. MacKeeper disclaims all warranties, either express or implied including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to the Affiliate as part of this Program.


Both parties acknowledge that in the course of dealing with each other they will be exposed to “Confidential Information,” as defined above, of the other party, its customers, providers, and vendors, and that maintaining the confidentiality of that information, both during and after the termination of these T&C, is a critical part of their relationship. Both parties acknowledge that any use of Confidential Information, except to promote the best interests of the other party and its customers, providers and vendors, or the unauthorized disclosure of Confidential Information to third parties, would cause serious harm and would be a breach of these T&C. Both parties specifically agree to keep confidential the terms of these T&C, payment amounts, and payment terms. The parties agree to safeguard and protect confidentiality of each other’s Confidential Information and to follow appropriate procedures when sharing any information with outside accounting firms, legal counsel, state and federal tax services, or other necessary persons for the daily operation of their respective businesses. The parties agree to give prior notification before releasing any information of the other, to any government or law enforcement agency that requests such information or in response to any subpoena or other legal process. Both parties acknowledge and agree that any breach of this confidentiality provision may cause irreparable harm to the other and both parties agree that the non-breaching party may seek an immediate injunction against any actual or threatened breach of this provision without the necessity of posting a bond. Upon termination of this relationship both parties agree to immediately return or destroy all Confidential Information of the other that is in their possession. These T&C to maintain confidentiality will survive the termination of these T&C for a period of five (5) years.


MacKeeper cannot guarantee or promise the Affiliate any level of success or profitability due to the Affiliate's participation in the Program. The Affiliate has unilaterally entered into an Internet service business and all risk of loss, cost and expense of the Affiliate doing business shall be borne solely by the Affiliate.


Neither party shall be liable for any loss or delay, nor be considered in breach of these T&C, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, network failure, governmental action, or any other cause outside the control of the parties and which cannot be avoided by the exercise of due care.


MacKeeper, its subsidiaries, affiliated entities, employees, independent contractors, agents, representatives, assigns and successors shall not be liable to the Affiliate, or any other person or entity, for any direct or indirect losses, injuries or incidental, consequential or other damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any link to any MacKeeper website, or arising from or in connection with these T&C or the use of the MacKeeper Program materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of MacKeeper's services, content or Program materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.


The Affiliate shall indemnify and hold MacKeeper, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest or assign (the "Indemnified Parties") harmless from any breach of these T&C by the Affiliate, including any use of Program materials other than as expressly authorized in these T&C. The Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and the Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys' fees of the Indemnified Parties. The Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate's use of the information accessed from a MacKeeper Web site.


18.1 These T&C shall not, under any circumstances, be transferred or assigned by the Affiliate to any other person or entity, and any attempted transfer or assignment of a membership shall be void.
18.2 MacKeeper may, at any time, in its sole discretion and without prior notice to the Affiliate, transfer or assign these T&C to an affiliated or non-affiliated person or entity.


These T&C are subject to change or modification by MacKeeper at any time and changes shall become effective upon notice to the Affiliate by e-mail, posting at or via hyperlink to a MacKeeper Website, or by mail. The Affiliate may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect.


Notices from a MacKeeper Website to Affiliates may be given by means of electronic messages (email), by general posting at the Website, or by conventional mail. Communications from the Affiliate to MacKeeper may be made by electronic messages (email) or conventional mail, unless otherwise specified in these T&C. All notices to MacKeeper sent by electronic mail shall be to affiliates@mackeeper.com. Notices from MacKeeper shall be deemed delivered when sent by MacKeeper to the Affiliate; notices of changes or modifications to these T&C shall be accepted by the Affiliate upon the first use by the Affiliate of the Materials provided in the Program after such notice was sent; and, such acceptance of a change or modification shall be deemed to relate back to the date such change or modification was originally sent by MacKeeper.


These T&C shall be governed by the laws of the Great Britain (English Law). In the event of any dispute arising under these T&C, the parties agree to submit such dispute, without recourse to the ordinary courts of law, to arbitration administered by the International Centre for Dispute Resolution® in accordance with its International Dispute Resolution Procedures, as modified by the ICDR® Online Protocol for Manufacturer/Supplier Disputes then in effect (please find the International Dispute Resolution Procedures and the ICDR Online Protocol for Manufacturer/Supplier Disputes at www.icdr.org). Any final determination of an arbitrator shall be final and binding upon the parties. With further respect to any arbitration arising hereunder, the substantially prevailing party in any such action shall be entitled to its costs and reasonable attorneys' fees. The failure of any party hereto to insist upon strict performance of any covenant or terms and conditions contained herein, or to exercise any option or right, shall not be construed to be a waiver or relinquishment of any such option or right, or of any other covenants or agreements, but the same shall be and remain in full force and effect.


If any provision of these T&C is held to be invalid or unenforceable, in any respect, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of these T&C, but, to the contrary, these T&C shall be construed as if such invalid or unenforceable provision had never been contained herein.


These T&C and any changes or modifications thereto by MacKeeper and accepted by the Affiliate expresses the entire agreement between the parties regarding the Affiliate's participation in the Program, and all materials directly and indirectly related thereto, superseding and negating any prior or contemporaneous agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings relating to the matters addressed which are not fully expressed herein. The headings are for convenience only and shall not be construed to give any substantive meaning to the agreement between the parties. These T&C shall be construed neutrally and as the commemoration of the mutual assent of both parties rather than for or against either party.


MacKeeper strongly advises that the Affiliate reviews these T&C with an attorney before acceptance of its terms so the Affiliate is fully apprised of all its rights, duties and obligations under these T&C. The Affiliate acknowledges that nothing herein and no statement by MacKeeper or any employee, representative, agent or other person associated with MacKeeper has in any way prevented or inhibited the Affiliate from seeking such independent legal advice prior to entering into these T&C. The Affiliate hereby acknowledges and agrees that the terms of these T&C are reasonable and fair; all terms have been fully disclosed in writing, and the Affiliate has been given reasonable opportunity to seek the advice of independent counsel with respect to these T&C and all transactions associated herewith.


By CLICKING THE "SUBMIT" BUTTON at the https://site.mackeeperaffiliates.com/ Sign Up Page, and by supplying MacKeeper with all information required to create an account for the Program, the Affiliate has accepted all of the terms and conditions set forth herein above.




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