Terms and Conditions

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The terms set forth hereunder (hereinafter referred to as the "Agreement") govern the relationship between HODIE s.r.o, Czech Republic, as the Company, and you.

1. PREAMBLE

1.1. These are official terms and conditions that form a legally binding agreement between you and HODIE , s.r.o., a company registered and existing under the laws of the Czech Republic, Commercial Register maintained by the Municipal Court in Prague, section C, inset 189029 (“we”, “us,” “our,” or any other first-person plural pronouns; the “Provider”), the Provider of the website located at http://www.pornaffs.com (hereinafter referred to as “Pornaffs.com”), regarding your participation in the Program (as defined hereunder) provided by the Provider via Pornaffs.com. The Provider provides the Program on Pornaffs.com subject to the Terms (as defined hereunder) on this page, and by using Pornaffs.com, you agree to these Terms. Please read them carefully.

1.2. When you register on Pornaffs.com in order to participate in the Program, you are subject to any and all posted rules, community guidelines, statements or policies, including our Privacy policy.

1.3. Such rules, guidelines, statements, policies and other legal notices published on Pornaffs.com are hereby incorporated by reference into these Terms of Service (hereinafter referred to as “Terms”) and shall constitute the entire agreement between you and the Provider (hereinafter referred to as “Agreement”).

2. DEFINITIONS

2.1. Through Pornaffs.com and under the conditions stipulated in these Terms, we provide an affiliate program that enables you, as independent third entity (“you”, “your,” “yours,” or any other second-person plural pronouns; the “Affiliate Partner”), to promote Network Sites through your Affiliate Webpage (as defined hereunder) and therefore direct traffic to Network Sites (as defined hereunder) in exchange for a Commission (as defined hereunder) from the income generated via such traffic (hereinafter referred to as “Program”).

2.2. We provide the Program via cooperation with our business partners which are providers of designated websites that will be promoted by your Affiliate Webpage via the Program (hereinafter referred to as “Network Sites"), and we also provide our Affiliate Partners with various promotional tools, performance dashboards and channels related to the Network Sites.

2.3. You shall direct traffic to Network Sites using one or more pages on your own website, which is established and duly operated according to all applicable law and rules, and also in accordance with these Terms, using the authorized linking code to direct traffic to Network Sites (hereinafter referred to as “Affiliate Webpage”). By the Affiliate Webpage is also meant any form of on-line advertising tools which allow to redirect users to any Network Sites (i.e. mobile apps, social channels, discord groups, etc.

2.4. Once the visitors directed to Network Sites from your Affiliate Webpage purchase any services and/or products on the Network Sites, and all other conditions stipulated in these Terms have been satisfied, mainly in Article 5 hereof, you will be entitled to the remuneration (hereinafter referred to as “Commission”).

2.5. The Agreement between you and us is effective at the moment we accept your online application for participation in the Program (hereinafter referred to as “Effective Date”).

3. ACCESS

3.1. By your participation in the Program, you certify, represent, and warrant that:

a. you are at least 18 years of age or the age of majority under the laws of your state, province or country;

b. the jurisdiction from which you are accessing Pornaffs.com and the Network Sites does not prohibit receiving, downloading and promoting sexually explicit content;

c. you know and understand that the materials presented at and/or downloadable from the Network Sites include explicit visual, audio, and/or textual depictions of nudity and explicit sexual activities; that you are familiar with materials of this kind; that you are not offended by such materials;

d. you will not try to download, copy or distribute any part of the Network Sites for any commercial purpose; and you will not alter, delete, add, change or edit any of these Terms, and any such attempted alteration shall be void and of no effect;

e. you are either an entrepreneur with a valid trade license, who has been assigned an ID number, or a non-entrepreneur who participates in the Program only as part of an occasional activity;

f. all declarations made by you towards us during the negotiations for participation in the Program and during the Program itself are true, accurate and complete, and there is no fact that would contradict these declarations;

g. you are entitled to enter into a contract within the meaning of these Terms, to perform your obligations arising therefrom and you are fully aware of the obligations arising from these Terms;

h. neither the consummation of the Agreement within the meaning of these Terms nor the execution of your individual actions on the basis of and in connection with the Agreement constitutes a breach of any obligation arising from applicable laws, binding contracts, agreements or declarations, nor is it in contravention of any requirement, decision or interim order of any administrative authority, court, arbitration award by which you would be bound, nor is it in breach of any rights of third parties;

i. your Affiliate Webpage through which you participate in the Program has the form of a complete website, i.e. the characteristics include a coherent appearance and functionality of the individual elements of the website;

j. your Affiliate Webpage through which you participate in the Program is not a website created solely for the purpose of displaying advertisements;

k. your Affiliate Webpage through which you participate in the Program does not contain any information, links, material or content that would be unfairly competitive in relation to third parties and/or violate the relevant generally binding legal regulations, inter alia, the content provided and/or linked there does not and cannot encourage or give the impression that it agrees with the violation of any generally binding legal regulations.

3.2. Any illegal and/or unauthorized use of Pornaffs.com is prohibited.

4. PARTICIPATION IN THE PROGRAM

4.1. In order to participate, you must register by submitting an application with correct information via https://www.pornaffs.com/register#!register. We may choose to decline your application according to our sole discretion. You must include the URL of your Affiliate Webpage with your application. If you believe that you should be accepted without a URL, contact our support.

4.2. Your duty in order to receive a Commission from the Program is to direct visitors from your Affiliate Webpage to the Network Sites. We will generate for you authorized linking codes for directing visitors that can be anchored by word or banner of your Affiliate Webpage. The authorized linking code will redirect every visitor to Network Sites. We reserve the right to modify the authorized linking codes at any time, and you agree to use such modified linking codes, but you will be notified via Pornaffs.com in advance of such changes in order to provide enough time to comply.

4.3. You are entitled to a Commission when all the following conditions are met:

a. You satisfy and complete all the conditions of the Program, including the provision of providing true information and correct behaviour in accordance with Article 3 and 6 of these Terms.

b. A visitor of your Affiliate Webpage in his/her Internet browser clicks on the authorized linking code issued to you by the us for the Program.

c. Once the visitor clicks on the authorized linking code he/she is redirected to the Network Sites.

d. Visitor redirected from your Affiliate Webpage by your authorized linking code generates income on the Network Sites, by entering his/her correct and full credit card information, his/her payment is approved, and the Network Sites receives the payment, which is not cancelled and/or refund by the visitor for any reason.

4.4. In connection with registration in the Program, you agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the account registration form (such information being the “Registration Data”); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete at all times while you participate in the Program. You must promptly inform us of all changes to your Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or we or any of our authorized agents have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your participation in the Program and refuse any and all current or future use of the Program.

4.5. As part of the registration process, you will select a unique user name and password which you must provide in order to gain access to the non-public part of Pornaffs.com. You represent and warrant that you will not disclose to any other person your unique user name and password and that you will not provide access to Pornaffs.com or any of the Network Sites to anyone who is below the age of majority In your jurisdiction. You are solely responsible for maintaining the confidentiality of your user name and password and are fully responsible for all activities that occur under your user name and password. We will not release your password for security reasons. You agree to (i) immediately notify us of any unauthorized use of your user name and password or any other breach of security; and (ii) ensure that you log out from your account at the end of each session. You are liable and responsible for any unauthorized use of Pornaffs.com and/or the Program under your user account until you notify us by email regarding such unauthorized use. Unauthorized access to the Program is illegal and a breach of these Terms.

4.6. You acknowledge and agree that your user account may not be continuously accessible and its availability is subject to regular hardware or software maintenance. By signing up to the Program you agree that you accept to receive notices in regards to the Program as long as you are part of the Program.

5. COMMISSION

5.1. Our Program offers two types of Commission which are (i) remuneration for every sign-up (Pay Per Signup, i.e. PPS) and/or remuneration calculated as revenue-sharing (Revshare).

a. Revshare is where you get a remuneration in the amount of percentage coming from the total spendings of the visitors on Network Sites sent via your authorized linking code.

b. Pay Per Signup (PPS) is where you get a fixed remuneration for each membership/product purchase of the visitors on the Network Sites sent via your authorized linking code.

5.2. The precise percentage of the Commission payable to you shall vary depending on the Network Site to which visitors are directed via your authorized linking code, wherein the current amount shall be disclosed on Pornaffs.com and is subject to change in accordance with these Terms.

5.3. We may at any time, unilaterally and in our sole discretion, change the calculation of the Commission. We will provide our best effort to inform you accordingly, and in any case, we will provide you with any information related to such calculation upon your request.

5.4. The Commission shall be paid out to you once the total amount of the Commission generated through your authorized linking codes reaches the USD minimum level defined by the Program for your chosen payment type, based on statistics maintained by us (log files). Statistics visible at your user account are considered unofficial until you have received a payout confirmation confirming the amounts. The Commission is payable within two weeks after receiving an invoice issued by you based on the payout confirmation. All amounts are displayed and invoiced in USD.

5.5. Payment methods and minimal payout limits are:

a. wire payment, with a minimum payout of USD 500;

b. Paxum, with a minimum payout of USD 300.

5.6. In the event that the Agreement is terminated and you do not meet the minimum payout level, we will make the payout of the remaining amount and charge you a transfer fee of USD 200 that will be deducted from your Commission. You are entitled to any type of the Commission only during the term of Agreement.

5.7. In order to receive a payout of your Commission, you are obliged to provide us with an invoice with all information required by law, including at least the following: name, seat and identification number of the company, tax identification number, if any, verbal and numerical designation of the document, currency and amount to be paid (according to the payout confirmation issued by us), date of issuance and due date not shorter than 60 days from issuance. If you are VAT payer according to the legal regulation of the country you are seated in, you must provide us with the evidence of your VAT payer registration (or any document with similar meaning which proves you are VAT payer).

5.8. In case a payout minimum level is reached, and no invoice has been received before the end of the calendar year, after three (3) reminders, the payable amounts will be deemed forfeit.

5.9. We reserve the right to contract with a third party to process all payments. Such third party may impose additional terms and conditions governing payment processing.

5.10. You are responsible for payment of all applicable state and/or local sales, use, and/or gross income, tax receipts and any and all mandatory deductions and payments resulting from your participation in the Program.

5.11. In case you have a complaint with respect to the payout of Commission, you shall communicate such complaint in writing to the Provider within ten (10) days after the Commission payout, otherwise the payout is deemed to be approved.

5.12. If we have a reasonable suspicion that you have violated the Agreement or otherwise abused the terms of the Commission or the Program in general, we are entitled to delay the payment of the Commission until such suspicion is refuted.

5.13. The amount of money shall be deemed to be paid at the moment of its debiting from the bank account of the sender to the bank account of the recipient.

6. ACCEPTABLE USE POLICY

6.1. We do not allow webmasters residing or operating in countries where viewing, downloading or the use of the content of the Network Sites and other content made available by the Program could reasonably constitute a violation of any law, regulation, rule or custom, without our express prior approval.

6.2. We abide by a zero tolerance policy relating to "spamming". No spamming of any kind or in any form, whatsoever, is permitted on Pornaffs.com. The Provider does not allow you to market Network Sites under this Program through the transmission of unsolicited bulk e-mails (i.e. emails not derived from a verifiable opt-in program or sent absent prior business relationship with the recipient) and any mailing activity must be previously agreed by the Provider.

6.3. All visitors you direct to Network Sites must come from your webpage. It is forbidden to do news group postings with links to Network Sites nor link to Network Sites from the body of an email message.

6.4. While using the Program, you fully agree that it is forbidden, whether directly or indirectly, to do any of the following:

(i) use illegal or false advertising as specified below; and

(ii) attempt to alter or cheat the Program; and

(iii) make suspicious registrations on Pornaffs.com. Such will be considered as void and all the earnings related to such registrations will be kept by us as an indemnification.

6.5. While using the Program, you fully agree that you are authorized and aware of the following:

(i) you may use all photo and video content available on the Network Sites solely for promotional purposes during the term of the Agreement;

(ii) you may build your own galleries from the Network Sites’ original content only after prior written approval. In order to do so, you must contact us in order to get written approval of a particular Network Sites’ provider and access to member areas to build your own galleries. One photo gallery and one video gallery is permitted for each set on one webpage. For photo galleries, you may use up to 16 pictures of the lowest resolution, OR up to 5 pictures of the highest resolution per gallery. For videos, you may use up to 3 minutes of video footage per set (in individual cases we may allowed you to use video footage up to 8 minutes), and there are no quality limitations for video;

(iii) all links directed to Network Sites must be in a full-size window with toolbars, location, scroll bars, etc. It must be a regular unaltered window;

(iv) the Network Sites may not be opened or loaded in a frame. If your Affiliate Webpage uses frames, all links to the Network Sites must use the TARGET="_top" or TARGET="_self" attribute;

(v) you are solely responsible to keep your Registration Data accurate for proper notifications, and you are obliged to regularly check mailing and Commission’s payouts; and

(vi) you must ensure that you are not doing anything that may violate this Agreement.

6.6. You acknowledge and agree to comply with the following:

(i) you cannot advertise on and/or direct traffic from any website containing child pornography or material that is not compliant with 18 USC 2257. We maintain a zero tolerance policy towards anything related to child pornography and cooperate with law enforcement authorities in any child pornography investigations; and/or

(ii) you cannot advertise on and/or direct traffic from any website containing materials which constitute an infringement, misappropriation or violation of any person's copyright; and/or

(iii) you cannot make any false advertising such as statements, photos, graphics, videos promising features and content that are not available on Network Sites to their members; and/or

(iv) you cannot advertise the Network Sites to individuals who are under the age of majority; and/or

(v) we do not accept websites and links from websites that endorse actual, implied or simulated: bestiality, obscenity, rape, torture, child pornography, or any other illegal content; and/or

(vi) you cannot send traffic by spamming IRC, newsgroups or any instant messaging & chat networks; and/or

(vii) it is forbidden to bid on, purchase or otherwise use/register Pornaffs.com’s name (sex-cash, 1sexcash, 1sex cash, 1pornaffs.com, etc.), or any of the Network Sites’ names, or to use the words "Official", "Officially", "Official Site" or similar language in connection with Pornaffs.com’s name, or any of the Network Sites’ names, as advertising keywords (sometimes referred to as "AdWords") on Internet search engines, such as google.com, ask.com, yahoo.com, msn.com, bing.com, etc.; also it is forbidden to use the website names in association with any similar or competing website or service; or register any domain name which incorporates or is a "misspelling" or "typo" of any of Pornaffs.com’s names, or any of the Network Sites’ names; and/or

(viii) all traffic must be directed via manual user clicks. Directing traffic with automated bots, embedding our linking code on your Affiliate Webpage to send us clicks on a simple load of your page, or any other method that generate traffic without a human clicking, will result in immediate termination of the Agreement without any compensation to you; and/or

(ix) you will not be paid for incomes generated by advertising methods on our prohibited traffic source list, which list may be updated by us at our sole discretion, and directing traffic through such methods will result in immediate termination of the Agreement without any compensation to you.

7. LICENSES

7.1. Pornaffs.com and/or the Network Sites, including without limitation, all content, media and materials, all of Pornaffs.com‘s and/or the Network Sites’ software, code, design, text, scripts, messages, images, photographs, illustrations, audio and video material, media files, artwork, graphic material, articles, databases, proprietary information, writings, spoken statements, music, video recordings, audio-visual works and recordings, slides, portraits, works of authorship, animated and/or motion pictures, interactive features, caricatures, likenesses, profiles, vocal or other sounds, sound recordings, voices, voice reproductions, computer graphics and visual effects, as well as any accompanying documentation, packaging or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of Pornaffs.com and/or the Network Sites, including, without limitation, the selection, sequence, 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, on location, in a studio or elsewhere, in black-and-white or in colour, alone or in conjunction with other work, characters, real or imaginary, in any part of the world, and all of the foregoing, individually and/or collectively ("Content") and the trademarks, service marks and logos whether or not registered contained therein ("Marks"), are owned by or licensed by us and/or our affiliates, and their advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors, subject to copyright and other intellectual property rights under the relevant governing laws and conventions.

7.2. We grant you a non-exclusive, non-transferable, revocable and worldwide license to use Pornaffs.com’s and/or the Network Sites’ Marks, and to access, download and use promotional banner hypertext links, video, sound, photo content and any other content owned, or for which we have rights, for the sole and exclusive purpose of advertising, marketing or promoting only Pornaffs.com and/or the Network Sites and products of the Program. The license granted herein is granted solely for the purpose of your performance of the Agreement and shall automatically and immediately cease upon its termination or any breach of its Terms. The promotional materials created by you must be approved by us before they are made available to the public. You are not allowed to remove, obstruct or make any change to the watermarks appearing on any promotional materials, photographs, screenshots or videos.

7.3. You may not copy, reproduce, distribute, broadcast, display, sell, sublicense, or otherwise exploit the Content and/or Marks for any other purposes without the prior written consent of their respective owners. Neither title nor intellectual property rights are transferred to you by virtue of your participation in the Program.

8. REPRESENTATIONS

8.1. You represent and warrant to us that you are an entrepreneur or a legal entity duly organized, validly existing and in good standing in your jurisdiction of incorporation, that you have the corporate power and authority to conduct your business as presently conducted and to execute, deliver and perform this Agreement.

8.2. You will comply with the terms and conditions of the Agreement and work in a professional and honest manner and in accordance with all reasonable professional standards.

8.3. You acknowledge and agree that the success of your participation in the Program depends on numerous factors beyond the control of the Provider. You, therefore, acknowledge and agree that such success is speculative.

8.4. You acknowledge and agree that you shall not engage in any activity that may be harmful to the image, goodwill, or reputation of the Provider or Network Sites.

9. WARRANTY DISCLAIMER

9.1. You agree that your use of Pornaffs.com and/or the Network Sites shall be at your sole risk. To the fullest extent permitted by law, the Provider, its officers, directors,employees, and agents disclaim all warranties, express or implied, in connection with Pornaffs.com and/or the Network Sites and your use thereof. The Provider makes no warranties or representations about the accuracy or completeness of Pornaffs.com and/or the Network Sites and/or the Program or the content therein and assumes no liability or responsibility for any:

a. Errors, mistakes, or inaccuracies, and/or

b. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Pornaffs.com and participation in the Program, and/or

c. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, and/or

d. Interruption or cessation of transmission to or from Pornaffs.com and/or the Network Sites and/or the Program, and/or

e. Bugs, viruses, trojan horses, or the like which may be transmitted to or through Pornaffs.com and/or the Network Sites and/or the Program by any third party, and/or

f. Loss or damage of any kind incurred as a result of your use of Pornaffs.com and/or the Network Sites and/or the Program, and/or Some jurisdictions provide for certain warranties, like the implied warranty of merchantability, fitness for a particular purpose and non-infringement. To the extent permitted by law, we exclude all such warranties.

9.2. The Provider provides Pornaffs.com “as is” and does not warrant, endorse, guarantee, or assume responsibility for the Program offered through Pornaffs.com or any of the Network Sites. The Provider does not make any, and expressly disclaim all, representations and warranties as to the profits, revenues, royalties, and fitness for a particular purpose, and no liability shall be imposed upon the Provider based on any claim that (i) more sales or revenue could have been made or earned and/or (ii) better prices or terms could have been obtained.

10. LIMITATION OF LIABILITY

10.1. To the extent permitted by law, the total liability of Provider, its officers, directors, employees, or agents for any claims under these Terms, including for any implied warranties, is limited to the amount the Provider has paid you via the Program. In no event shall Provider, its officers, directors, employees, or agents, be liable to you for any direct, indirect, or incidental damages, or any lost profits, revenues, or data, or any financial losses, or any special, consequential, exemplary, or punitive damages whatsoever resulting from any:

a. Errors, mistakes, or inaccuracies of the Program, and/or

b. Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of Pornaffs.com and/or the Program, and/or

c. Unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, and/or

d. Interruption or cessation of transmission to or from Pornaffs.com and/or the Network Sites and/or the Program, and/or

e. Bugs, viruses, trojan horses, or the like, which may be transmitted to or through Pornaffs.com and/or the Network Sites and/or the Program by any third party, and/or

f. whether based on warranty, contract, tort, or any other legal theory, and whether or not Provider is advised of the possibility of such damages. The limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

10.2. In all cases, Provider, its officers, directors, employees, or agents will not be liable for any loss or damage that is not reasonably foreseeable.

11. TERM AND TERMINATION

11.1. The Agreement shall remain in force for the period of one (1) year (the „Initial Term“) commencing on the Effective Date of this Agreement. Upon expiration of the Initial Term, the Agreement shall automatically renew on an annual basis for one (1) year (the "Renewal Term"), unless one Party gives written notice to the other of its intention not to renew this Agreement at any moment during the Initial Term and/or each Renewal Term in accordance with the provisions set forth under this section of these Terms.

11.2. Additionally, you are entitled to terminate this Agreement for no reason or any reason whatsoever at your convenience with thirty (30) days’ notice period that commences at the first day of the month that follows the delivery of a written termination notice to the Provider. We are entitled to terminate this Agreement immediately for no reason or any reason whatsoever at our convenience by cancelling your User Account.

11.3. The Agreement will be also automatically terminated, and your User Account cancelled, without any prior notice, if you do not direct any traffic on any of the Network Sites through your Affiliate Webpage which generated income for more than 6 months from last income generated traffic directed on the Network Sites from your Affiliate Webpage.

11.4. If we suspect, in our sole discretion, that you, or any of your agents, affiliates, or employees, have breached the Agreement and/or these Terms, we may elect to immediately terminate the Agreement and your User Account without further notice or compensation of any unpaid Commission to you. We also reserve the right to terminate the Agreement without further notice based on but not limited to the following:

a. The incomes generated by visitors you have sent us have excessive refunds and/or chargebacks; and/or

b. Some incomes generated by visitors you have sent us are deemed as fraudulent by us, or you perform any action that is deemed as an attempt to cheat the Program; and/or

c. Unauthorized altering of the linking code provided by the Program by electronic, mechanical or automated means or other technologies, currently available or which may become available in the future. Causing the modification or substitution of the linking code on URLs belonging to or identified with accounts other than your own. Some altering is authorized (for instance to link straight to a model's page); and/or

d. Removing or using technology to disable JavaScript placed by the Program on its tours; and/or

e. Publishing, transferring, reassigning, disclosing, distributing, leasing, renting or selling your User Account; and/or

f. Breaching any of the terms set forth in this Agreement; and/or

g. Your Affiliate Webpage is unsuitable for any reason; and/or

h. Illegal behaviour as stated in section 6 of this Terms; and/or

i. Providing false or incomplete information during the Program's registration process such as a false address or fraudulent banking information; and/or

j. Our billing processors request your account to be terminated due to the violation of their terms of services or due to sales deemed as fraudulent by the particular processor.

11.5. In case the Agreement is terminated with you by us, your User account cannot be renewed without our written consent.

12. GENERAL

12.1. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Provider’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

12.2. We reserve the right to amend these Terms at any time and for any reason. If we make any changes to the Terms, we are obliged to notify you at least 15 days before the date of entry into force of the new version of the Terms in the form of an e-mail sent to your e-mail address. The notification will also include the wording of the Terms in .pdf format, or in another format enabling the display of the text form of the Terms and their simple archiving, or a link to a website where it is possible to review the wording of the Terms. You are entitled to reject changes to the Terms, in writing by letter sent to our address, or in the form of an e-mail sent to our contact address. If you do not reject the changes to the Terms, you will be deemed to have accepted the new version of the Terms by first logging in to your user account and / or by any other participation in the Program.

12.3. During the term of this Agreement and thereafter, each party will use and reproduce the other party's confidential information only for purposes of this Agreement and only to the extent necessary for such purpose and will restrict disclosure of the other party's confidential information to its employees, consultants or independent contractors with a need to know and will not disclose the other party's confidential information to any third party without the prior written approval of the other party. Notwithstanding the foregoing, it will not be a breach of this Agreement for either party to disclose confidential information of the other party if required to do so under law or in a judicial or other governmental investigation or proceeding.

12.4. Legal relations not regulated by these Terms are governed by the laws of the Czech Republic.

12.5. In case a dispute arises out of or in connection with the Agreement, its execution, interpretation and/or termination, the Parties shall attempt in the first instance to resolve such dispute through amicable negotiations. Such negotiations shall start upon notice with acknowledgement of receipt delivered by one Party to the other and last at least for thirty (30) business days. If the Parties do not settle after the said period, they shall be entitled to apply the following section.

12.6. Any dispute arising hereunder or in connection herewith shall be resolved conclusively and with exclusion of the jurisdiction of the public courts in arbitration proceedings before the Arbitration Court attached to the Economic Chamber of the Czech Republic and the Agricultural Chamber of the Czech Republic in Prague, pursuant to the effective wording of the arbitration rules of the said Court. The arbitration tribunal shall have three (3) members. Each Party shall be entitled to appoint one arbitrator. The two (2) arbitrators shall elect the chairman of the arbitration tribunal, who shall also become the third arbitrator. The place of the arbitration proceedings shall be Prague, the language of the arbitration proceedings shall be Czech. The Parties shall comply with any and all obligations imposed on them in the arbitration award within the period(s) set out therein.

12.7. Should any part of these Terms or the Agreement be considered void or in violation of applicable law, the other provisions of the Agreement will remain in force.

12.8. We may assign our rights from these Terms in our absolute discretion. You are strictly prohibited from assigning or transferring any rights under these Terms. Any attempted assignment or transfer by you shall be void and without legal effect.

12.9. These Terms are accessible online on www.pornaffs.com

You may contact the Provider via this email: support@pornaffs.com.