Veriagent
Member Agreement and Terms and Conditions
Introduction
Veriagent.com is an e-property STRAIGHT THROUGH PROCESSING transactions system aiming to eliminate cumbersome paper based functions and speed up property transactions.
Veriagent.com is a Johannesburg based company specialising in the design and development of payment solutions.
Delivery policy
Subject to availability and receipt of payment, requests will be processed within
2 days and delivery confirmed by way of order number.
Return and Refunds policy
The provision of goods and services by Veriagent.com is subject to availability. In cases of unavailability,
Veriagent.com will refund the client in full within 30 days. Cancellation of orders by the client will attract a
10% administration fee.
Customer privacy policy
Veriagent.com shall take all reasonable steps to protect the personal information of users. For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA). The PAIA may be downloaded from:
http://www.polity.org.za/attachment.php?aa_id=3569
Payment options accepted
Payment may be made via Visa and MasterCard credit cards or by bank transfer into the
Veriagent.com bank account, the details of which will be provided at
the checkout. Credit card acquiring and security
Credit card transactions will be acquired for Veriagent.com via PayGate (Pty) Ltd who are the approved payment gateway for
Nedbank South Africa. PayGate uses the strictest form of encryption, namely Secure Socket Layer 3 (SSL3) and no credit card details are stored on the website. Users may go to
www.paygate.co.za to view their security certificate and security policy.
Customer details separate from card details
Customer details will be stored by Veriagent.com separately from card details which are entered by the client on PayGate’s secure site. For more detail on PayGate refer to
www.paygate.co.za.
Merchant Outlet country and transaction currency
The merchant outlet country at the time of presenting payment options to the cardholder is South Africa. Transaction Currency is South African Rand (ZAR).
Responsibility
Veriagent.com takes responsibility for all aspects relating to the transaction including sale of goods and services sold on this website, customer service and support, dispute resolution and delivery of goods
Country of domicile
This website is governed by the laws of South Africa and Veriagent.com chooses as its domicilium citandi et executandi for all purposes under this agreement, whether in respect of court process, notice, or other documents or communication of whatsoever nature,
EMEA Financial Services (Pty) Ltd., Rivonia, Gauteng South Africa.
Variation
Veriagent.com may, in its sole discretion, change this agreement or any part thereof at any time without notice.
Company information
This website is run by EMEA Financial Services (Pty) Ltd. based in South Africa trading as
Veriagent.com and with registration number 2000/008470/07.
Veriagent.com contact details
Support:
support@veriagent.com
Support: +27 83 490 0217
Physical address: EMEA Financial Services (Pty) Ltd., Rivonia.
Legal Agreement:
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This Veriagent
Member
Agreement (the "Agreement") constitutes a legally binding
agreement between EMEA Financial Services(Pty) Ltd., a Johannesburg based
company ("EMEA") and VERIAGENT a Division of EMEA Financial Services (Pty) Ltd
and you ("You" or "Your"). BY TICKING THE BOX STATING THAT
YOU HAVE READ AND AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AS PART OF
YOUR REGISTRATION WITH VERIAGENT, YOU AGREE AND CONSENT TO BE BOUND BY THE TERMS
AND CONDITIONS OF THIS AGREEMENT FOR AS LONG AS YOU USE THE VERIAGENT SERVICES.
Subject to the terms
and conditions of this Agreement, Veriagent hereby grants to You a
non-exclusive, revocable, right and license, without right to sublicense, to use
Veriagent’s proprietary online platform, including without limitation the
website made available at
www.veriagent.com, and any servers,
computers or networks used to provide such website (the "Veriagent Services")
for the following limited purposes, if and as applicable, INCLUDING ANY CHANGES
TO THIS AGREEMENT OR ADDITIONAL POLICIES INCORPORATED BY REFERENCE WHICH
VERIAGENT MAY MAKE IN ITS SOLE DISCRETION IN THE FUTURE. In the event you
transfer your account or ownership of any product, any purchasers or assignees
are bound by the terms of this Agreement.
In addition to any
other rights or remedies afforded Veriagent under or otherwise in connection
with this Contract, You agree and acknowledge that You have read and agree to
comply with the following policies which are hereby incorporated by reference
into, and made a part of, this Agreement:
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Vendor and Products Requirements Policy
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Digital Millennium Copyright Act (“DMCA”) and Trademark Policy
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Return and Cancellation Policy
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Accounting Policy
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Privacy Policy
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Security Policy
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Network Abuse Policy
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Legal Notice
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PROMOTING PRODUCTS. If You promote,
market or otherwise advertise ("Promote" or a "Promotion") any product which is registered for sale via the Veriagent
Services, either by You or by another Veriagent client (each a "Product"), whether via the Veriagent
Services or via any other online or offline channel or medium for the purpose of
earning a percentage of the sale price of any Product sold as a result of such
Promotion ("Commissions"),
You agree, acknowledge, represent and warrant that:
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You will not suggest or imply any warranty or other policy with
respect to any Products other than Veriagent’s
Return and Cancellation policy without the prior
written consent of Veriagent, which Veriagent may withhold in its sole
discretion for any reason.
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You will not make any unlicensed or unauthorized use of or
otherwise infringe or misappropriate any materials protected by any patent,
copyright, trademark, trade secret, right of privacy, right of publicity or
other intellectual property or other proprietary right ("IP Rights").
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You will not interfere with Veriagents tracking of Commissions,
or with the normal flow of traffic to, through, or from the Veriagent Services.
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All communications and/or representations made by You in
connection with any Promotions and/or in relation to any Product will be
accurate and contain all disclosures and disclaimers necessary to prevent such
Promotions from being false or deceptive. Such disclosures and disclaimers must
be made in a clear and conspicuous manner, and will otherwise comply with Your
country's laws, regulations, policies and guidelines governing advertising,
disclosure and consumer protection.
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You will not offer, suggest or imply the availability of any
rebates, coupons, tickets, vouchers or similar incentives to induce or encourage
the purchase of a Product.
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Veriagent reserves the right, but not the obligation, to review
your Promotions. You agree that Veriagent, in its sole discretion and at any
time, may demand changes to product promotion and delivery pages, customer
support or other items related to the content of Your Promotions.
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You will provide valid contact information, including but not
limited to a working email address and phone number, where Veriagent can send
inquiries and receive a non-automated reply by end of the following business
day.
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SELLING PRODUCTS. If You register
any Products for sale via the Veriagent Services, You agree, acknowledge,
represent and warrant that:
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All Products You register for sale via the Veriagent Services,
and the offering and sale thereof via the Veriagent Services, comply with all of
Your country's laws and regulations.
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The Product does not involve the downloading of software on a
Purchaser's computer unless a purchase is completed or You provide the Purchaser
a clear and conspicuous disclosure describing all of the software being
downloaded, its functionality and obtain express consent prior to any such
downloads namely referring to all search data and FICA documentation as required
by the FICA Act.
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Without further conditions or limitations, You authorize
Veriagent to list any Product You register for sale via the Veriagent Services
in the online, searchable marketplace of Products made available via the
Veriagent Services (the "Veriagent Marketplace"); and make it available for sale
to Purchasers and/or for Affiliates to Promote at the price designated by
Veriagent ("Retail Price")
after taking into consideration Your suggestions regarding such Retail Price,
including any applicable sales tax.
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Veriagent may delist any Product from the Veriagent Marketplace
and/or the Veriagent Services at any time, in its sole discretion, without cause
or notice to You or any penalty or liability for doing so.
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You will provide valid email addresses to which Purchasers or
Veriagent can send inquiries and receive a reply by end of the following
business day. Purchasers and Veriagent must also be able to receive a
non-automated response within one business day, when necessary.
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You will advise Veriagent of any regulatory or legal complaints,
or threats of such complaints, that You receive in connection with or relation
to such Product You receive from any person, company or entity who purchased
such Product or received a Promotion in connection with such Product within two
business days of Your receipt of such complaint. You shall assist Veriagent, at
Your sole cost and expense, in taking any steps and actions, as necessary and
appropriate, or as reasonably requested by Veriagent to respond to and/or
resolve such complaints.
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SENDING EMAILS. If You send, or
cause to be sent, any messages or communications by electronic means, including
but not limited to email and instant messages ("Emails") in connection with the direct or indirect Promotion or sale of
any Product and/or Your use of the Veriagent Services, then You agree,
acknowledge, represent and warrant that all such Emails shall be in
full-compliance with all applicable laws and regulations regarding the use of
electronic messages, including without limitation the Controlling the Assault of
Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM
Act") and the Children's Online Privacy Protection Act
of 2000 ("COPPA").
(Information on these laws can be found at
www.ftc.gov/spam/ and
http://www.ftc.gov/coppa/). Without limiting
the generality of the foregoing, You shall not directly or indirectly:
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Send, initiate or procure the sending of an Email to any Person
who has either not explicitly requested to receive such messages specifically
from You, including without limitation for the purposes of sending unsolicited
bulk email, executing any "mass mailings" or "email blasts," or for the purpose
of spamming any public forum, including without limitation, any blog, message
board, classified listings, auction sites, altnet, newsnet, newsgroups, or
similar service.
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Send, initiate or procure the sending of an Email to any Person
who has explicitly requested to receive no further Emails from You or Your
company.
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Employ any false or deceptive information regarding Your
identity, or regarding the intent, subject, or origin of the message or fail to
include accurate information regarding Your identity, and the intent, subject,
and origin of the Email.
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Employ any incomplete, invalid, deceptive, fake, or forged
message headers.
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Use any mousetraps or windows that reappear, spawn new windows or
otherwise resist being closed.
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Exploit documented or undocumented security holes on any client
or server machine.
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Fail to (i) include clear, valid, and conspicuously displayed
"From" and "Subject" lines in the Email, (ii) include a functioning return
address (or hyperlink) in the Email that enables the recipient to submit a
request to receive no further messages from You ("Opt
Out Request") for no less than 30 days from the date
the Email was sent; or (iii) honor any Opt-out Request within 10 days of receipt
of such Opt-out request by You.
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Obtain email addresses via automated means or send any Email to
any address which was obtained via automated means, including via the automated
combination of names, letters, or numbers, dictionary attacks, or the use of
spyware, viruses, or other means of bypassing system security or invading
consumer privacy.
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Send any Email from, or make such Email appear to have been sent
from, any address that was obtained via the use of scripts or other automated
means to register for multiple electronic mail accounts or online user accounts
from which to transmit unsolicited or misleading email messages.
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Send or relay any Email from any protected computer or network
accessed without authorization.
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Employ any fraudulent, deceptive, false or misleading information
in connection with the Emails.
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Send any commercial marketing Email or Promotion to, or collect
any personally identifiable information from, any person who is under 18 years
of age.
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SUSPENSION; TERMINATION. You agree
and acknowledge that:
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Veriagent, in its sole discretion, may suspend Your account(s) or
hold any or all funds in Your Veriagent account if Veriagent suspects or has
reason to believe and/or if a Person otherwise claims that You have been
involved with any of the following:
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Illegal activity, including but not limited to, consumer fraud,
bank fraud, credit card fraud, spamming or other illicit commercial activities
or any other activity which violates any federal, state, local or foreign
constitution, treaty, law, statute, ordinance, rule, code, regulation,
interpretation, directive, policy, order, writ, decree, injunction, judgment,
opinion, ruling, decision, permit, license, registration and other operating
authorizations, or any other requirement of, any federal, state, local or
foreign government, legislature, governmental or administrative agency or
commission, any self-regulatory association or authority, any court or other
tribunal of competent jurisdiction, or any other municipality, governmental
authority or instrumentality or quasi-governmental entity or authority, whether
currently in effect or hereafter enacted or amended ("Law");
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Violation or infringement of any Person's rights, including
without limitation, any IP Rights;
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Misrepresenting, over-promising, making false, deceptive or
misleading statements or any other acts in violation of federal or state law
affecting consumer protection and commercial activities;
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A breach of any term of this Agreement, including, without
limitation, any representation, warranty or covenant made by You in this
Agreement; and
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Otherwise violating Veriagent’s rules or policies or interfering
with Veriagent’s business, including Veriagent’s
Vendor and Products Requirements Policy.
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Following the suspension of an account or holding of funds per
this Section 5, Veriagent will review Your account. You acknowledge that this
review will be conducted in a manner decided by Veriagent at its sole
discretion. You agree to cooperate with this review. If the review concludes
that there is a reasonable basis to believe misconduct has occurred, You agree
that Veriagent may seize and/or retain funds in Your Veriagent account as
liquidated damages and/or for the benefit of third parties affected by the
misconduct. You acknowledge and agree that the such liquidated damages: (a) are
not a penalty, and (b) are reasonable and not disproportionate to such presumed
damages to Veriagent.
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You understand that Veriagent may also temporarily hold any
portion of the funds in Your Veriagent account if Veriagent, in its sole
discretion, determines such action is needed to secure payment for, performance
of, and/or assurances regarding any liabilities, obligations, or indebtedness
You may incur with Veriagent or any other Person.
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You agree and understand that Veriagent’s right to take any of
the actions set forth in this Section 5 does not constitute a right or
obligation to take them for the benefit of any third parties, including You.
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You agree and acknowledge that Veriagent may also pursue other
remedies as allowed by Law.
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In addition to the foregoing, and in addition to all other rights
and remedies available to Veriagent at Law or in equity and notwithstanding
anything in the Agreement to the contrary, in the event You breach any term of
this Agreement, upon notice to You (which may be sent by email), Veriagent will
have the right to immediately terminate this Agreement and Your rights to
access, use and/or otherwise participate in the Veriagent Services. Upon such
termination, You agree to immediately cease all use of the Veriagent Services.
Without limiting the foregoing, Veriagent shall have the right to immediately
terminate Your access and use of the Veriagent Services, or any portion thereof,
in the event of any conduct which Veriagent, in its sole discretion, considers
to be unacceptable. The provisions of this Section, in addition to any
provisions, which by their nature, are intended to survive, shall survive the
termination of this Agreement.
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VERIAGENT’S IP RIGHTS.
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You shall not use Veriagent’s name, trademarks, service marks or
any other IP Right of Veriagent in any manner whatsoever to suggest association
or affiliation with or endorsement by Veriagent without the express prior
written consent of Veriagent, which Veriagent may withhold at its sole
discretion. Promotional use of images of Veriagent without the express, written
consent of Veriagent is prohibited.
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Subject to the following terms and conditions, Veriagent grants
You a limited, revocable license to use Veriagent’s name: (i)display boards,
marketing material, as a watermark, Internet search engine description, keyword,
search term or seeding element with any Internet search engines or
keyword-triggered advertising programs; (ii) in metatags or hidden text, or
(iii) as a sub domain or second or third level domain name identifier:
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Veriagent may revoke the foregoing license and/or provide
restrictions upon Your use of Veriagent’s name, including requiring the use of
such disclaimers as Veriagent may provide, in connection with Your use of
Veriagent’s name, at anytime and for any reason in Veriagent’s sole discretion.
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Failure to comply with any restrictions imposed by Veriagent upon
Your use of Veriagent’s name or failure by You to immediately cease all use of
Veriagent’s name if so instructed by Veriagent shall constitute (1) a breach of
the limited license set forth in this Section 6(b); and (2) a breach of this
Agreement. In such case, Veriagent reserves the right to pursue any and all
remedies available to it at Law or in equity.
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Notwithstanding the limited revocable license set forth in
Section 6(b) above, as between the parties, Veriagent shall be and remain the
sole owner of all right, title and interest in and to the Veriagent Services
(including, without limitation, all IP Rights therein) and any other IP Rights,
materials or other properties owned, licensed or controlled by Veriagent, and
You hereby assign to Veriagent all right, title and interest You may be deemed
to have therein. Subject to the limited rights expressly granted in this
Agreement, Veriagent reserves all right, title and interest in and to the
Veriagent Services (including, without limitation, all IP Rights therein) and
any other IP Rights, materials or other properties owned, licensed or controlled
by Veriagent. All rights not specifically granted to You under this Agreement
are expressly reserved by Veriagent.
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CONFIDENTIALITY & NON-DISCLOSURE OBLIGATIONS.
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In connection with this Agreement, Veriagent may disclose to You
and/or You may otherwise receive or have access to sensitive, confidential,
and/or proprietary information of Veriagent (collectively, "Confidential Information"), including,
but not limited to (a) the identities of other Vendors or Affiliates of
Veriagent (collectively, "Veriagent Clients"); (b) physical and data security information; (c) technical data;
(d) Veriagent Marketplace statistics and sales data; and/or (e) know-how or
business information relating to business processes, methods, or marketing
strategies. Except as required to perform Your obligations under and in
accordance with the terms of this Agreement, You shall not (i) disclose the
Confidential Information to any Person, or (ii) use the Confidential Information
(whether for Your own benefit or the benefit of any other Person), without the
express prior written consent of Veriagent. You shall not use any Confidential
Information for the purpose of soliciting, or to permit any others to solicit,
Veriagent Clients to subscribe to any other services or promote the sale of any
product which competes, either directly or indirectly, with Veriagent or the
Veriagent Services, including without limitation the functionality offered by
the Veriagent Marketplace. You agree and acknowledge that Veriagent may be
required to provide to governmental agencies or other third parties information
in its possession regarding You or the business You conduct with Veriagent.
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Veriagent does not invite and cannot accept any ideas or
information You consider to be confidential and/or proprietary. Except with
respect to Your personally identifiable information (as expressly provided for
in the Veriagent (Privacy
Policy), any suggestions, submissions, comments, ideas, concepts,
know-how, techniques material or feedback conveyed, offered or transmitted by
You to Veriagent, or otherwise in connection with the Veriagent Services
(collectively, the "Submissions"), shall be deemed to be non-confidential and non-proprietary and
Veriagent shall have no obligation of any kind with respect to such Submissions,
unless otherwise expressly agreed to in a writing executed and delivered by You
and a duly authorized officer of Veriagent. You hereby grant to Veriagent and
its licensees a worldwide, perpetual, non-exclusive, fully-paid, royalty-free,
transferable right and license, with right to sublicense, to reproduce, publicly
display, distribute, and perform, transmit, edit, modify, create derivatives
works of, publish, sell, commercially exploit, use, and disclose the Submissions
for any purpose and in all forms and all media whether now known or to become
known in the future. Veriagent shall have no obligation to compensate You for
any such Submissions in any manner. You hereby represent and warrant that: (a)
You own or otherwise have the right to grant the foregoing license or mandate to
Veriagent with respect to Your Submissions; (b) Your Submissions and any use
thereof by Veriagent will not infringe or violate the rights of any Person
(including any IP Rights); and (c) Your Submissions will not contain any
unlawful, threatening, abusive, false, libelous, defamatory, obscene,
pornographic, profane, or otherwise infringing or objectionable content or
material of any kind. You are and shall remain solely responsible for the
content of any Submissions You make and acknowledge that Veriagent is under no
obligation to respond to or use any Submission You may provide.
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EXPORT CONTROL. You acknowledge and
agree to comply with all applicable Laws, and regulations in the event of
off-shore transactions. You hereby represent and warrant that any Product/sale
promoted, offered and/or provided by You via the Veriagent Services is approved
and allowed for sale from South Africa.. For Your convenience, information on
South Africa’s NCR and FICA Act should be studied as well as the U.S. export
control regulations can be found at the web pages for the Commerce Department (http://www.bis.doc.gov), the State
Department (http://www.pmddtc.state.gov) and the U.S.
Treasury Department (
http://www.treas.gov/offices/enforcement/ofac/index.shtml) requirements in
terms of money laundering and anti-terrorist activities.
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REQUIRED PERMITS. You assume sole
responsibility for obtaining and maintaining all relevant and necessary licenses
and permits associated with the legal operation of Your business.
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REPRESENTATIONS AND WARRANTIES. You
represent, acknowledge and warrant that:
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You, Your Products and/or Your Promotions, as applicable, do not
and will not, directly or indirectly: (i) invade the right of privacy or
publicity of any Person; (ii) contain any libelous, obscene, indecent or
otherwise unlawful material; (iii) infringe any IP Rights in any jurisdiction or
otherwise contravene any rights of any Person; or (iv) violate any Law.
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You shall not: (i) frame, copy or mirror any content forming part
of the Veriagent Services; (ii) reverse engineer of the Veriagent Services or
otherwise attempt to derive its source materials; (iii) access the Veriagent
Services for the purpose of (A) building a competitive product or service, or
(B) copy any features, functions or graphics of the Veriagent Services; (iv)
interfere with or disrupt the Veriagent Services or any data contained therein;
(v) attempt to gain unauthorized access to the Veriagent Services, its related
systems or networks; or (vi) use the Veriagent Services for any unlawful purpose
or in violation of the rights of any Person.
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INDEMNIFICATION. To the fullest
extent permitted by Law, You agree that
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In the event that a Party commences any action or files any claim
whatsoever ("Claim") in
connection with Your use of the Veriagent Services, Product or Promotion, You
shall defend, indemnify and hold harmless Veriagent, its related parties and
affiliates, and its officers, directors, employees, representatives, agents,
licensors, attorneys, heirs, successors, and assignees (the "Veriagent Parties"), from and against any and all
damages, liabilities, claims or costs (including, without limitation, the costs
of investigation and defense and reasonable attorneys' fees and litigation and
court costs) ("Losses")
incurred by any Veriagent Party as a result of such Claim, regardless of whether
such Losses are direct, incidental, consequential, punitive or statutory.
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Upon receiving notice of any Claim for which Veriagent is
entitled to indemnification by You, Veriagent shall provide You with written
notification and opportunity to assume sole control over the defense or
settlement of the Claim and reasonable assistance to settle and/or defend the
Claim at Your sole expense; provided, however, that (i) any settlement which would impose an unindemnified
monetary obligation on and/or admission or finding of liability or wrongdoing by
Veriagent will require Veriagent’s prior express written consent; and (ii)
failure to provide timely notice, control, or assistance shall not relieve You
of Your obligations; and (iii) Veriagent may have its own counsel present at and
participating in all proceedings or negotiations relating to a Claim, at
Veriagent’s own expense, unless You fail or refuse to secure legal counsel to
defend any Claim in a timely manner, in which case You shall pay all expenses
related to Veriagent’s use of such counsel.
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In the event that Veriagent incurs costs, attorneys' fees or
other expenses responding to any complaint other than a Claim, in connection
with or relation to Your Products or Promotions, including complaints under the
DMCA, Veriagent reserves the right, in its sole discretion, to recover such
costs and expenses by deducting a reasonable, commensurate amount from any
monies owed to You by Veriagent up to a maximum of R20,000.00 per event. You
authorize, and release Veriagent from any liability in connection with, such
deductions.
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LIMITATION OF LIABILITY. IN NO
EVENT SHALL ANY VERIAGENT PARTY, OR ITS HEIRS, SUCCESSORS AND ASSIGNS, BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
WHATSOEVER ARISING OUT OF, RESULTING FROM, OR IN CONNECTION WITH THIS AGREEMENT
AND/OR ANY (A) USE OF OR INABILITY TO USE THE VERIAGENT SERVICES, (B) PERSONAL
INJURY, PROPERTY DAMAGE, OR LOSSES OF ANY KIND WHATSOEVER, RESULTING FROM YOUR
ACCESS TO AND/OR USE OF THE VERIAGENT SERVICES, (C) UNAUTHORIZED ACCESS TO OR
USE OF ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN, (D) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE VERIAGENT
SERVICES, AND/OR (E) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH THE VERIAGENT SERVICES, WHETHER OR NOT VERIAGENT IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING HEREIN TO
THE CONTRARY, THE MAXIMUM CUMULATIVE AND AGGREGATE LIABILITY OF VERIAGENT FOR
ALL COSTS, LOSSES OR DAMAGES FROM CLAIMS ARISING UNDER OR RELATED IN ANY WAY TO
THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED AN
AMOUNT EQUAL TO THE TOTAL AMOUNTS DUE AND PAYABLE BY VERIAGENT TO YOU UNDER THIS
AGREEMENT CALCULATED AS THE TOTAL OF 6 MONTHS OF ANNUAL MAINTENANCE FEE FOR THE
MONTHS IMMEDIATELY PRECEDING THE DATE UPON WHICH SUCH DAMAGES ACCRUE. THE
LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE
BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE VERIAGENT SERVICES, AND ANY
SERVICES OR INFORMATION OFFERED THROUGH THE VERIAGENT SERVICES, WOULD NOT BE
PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS OF
LIABILITY AND DISCLAIMERS SPECIFIED HEREIN WILL SURVIVE AND APPLY EVEN IF FOUND
TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, IN SUCH
JURISDICTIONS, YOU AGREE THAT THE LIABILITY OF VERIAGENT SHALL BE LIMITED TO THE
FULLEST EXTENT PERMITTED BY SUCH JURISDICTION.
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GENERAL TERMS AND CONDITIONS.
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Governing Law; Dispute Resolution. You
agree that the South African law will govern this Agreement., and that any
action, suit, proceeding, or claim arising out of or related to this Agreement
must be brought exclusively to the High Court of South Africa. You hereby submit
to the in personam jurisdiction and venue of such courts and waive any objection
based on inconvenient forum. YOU HEREBY IRREVOCABLY
WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM
OR COUNTERCLAIM ARISING UNDER OR IN RELATION TO THIS AGREEMENT.
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Our Relationship. This Agreement does
not create any relationship of principal and agent, partners, joint venturers,
employer and employee, fiduciary or similar relationship between the parties.
You agree that any content stored on Veriagent’s servers in relation to any
Products registered by You via the Veriagent’s Services is solely at Your
direction and nothing contained in this Agreement nor in Your use of the
Veriagent Services, shall be construed as shifting responsibility for such
publication to Veriagent. You are not authorized to make any promise, warranty
or representation on behalf of Veriagent or obligate or attempt to obligate
Veriagent in any manner whatsoever. You shall not represent to any person that
You are the agent of Veriagent, nor fail to correct any misunderstanding as to
such status unless in possession of an agreement allowing to act as an
Agent,Reseller or Veriagent accredited Business owner.
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Assignment.
Veriagent may freely
assign or transfer any or all of the rights and obligations described under this
Agreement without Your consent and without notice to You. You may not assign
this Agreement or any of Your rights and duties hereunder without the prior
written consent of Veriagent. This Agreement shall be binding upon and inure to
the benefit of the parties hereto and their respective successors and assigns.
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Severability. If any provision of this
Agreement is declared or determined by any court to be unenforceable or invalid:
(i) the validity of the remaining parts, terms or provisions shall not be
affected by that determination; (ii) the unenforceable or invalid part, term or
provision shall not be deemed to be part of this Agreement; and (iii) such court
may substitute a provision that is legal and enforceable and is as nearly as
possible consistent with the intentions underlying the original provision. If
the remainder of this Agreement is not materially affected by such declaration
or finding and is capable of substantial performance, then the remainder shall
be enforced to the extent permitted by applicable law.
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Publicity. You shall not issue or make
any publicity release (including press releases and advertising or solicitation
materials) or other public statement: (i) relating to this Agreement; (ii) using
Veriagent’s name or referencing the Veriagent’s Services; or (iii) suggesting or
implying any endorsement by Veriagent of You and/or any Products without the
prior written approval of Veriagent, which Veriagent may withhold at its sole
discretion.
-
Entire Agreement; Amendment. This
Agreement together with the terms and condition as set out for the data search
section constitutes the complete and exclusive agreement between the parties
relating to the subject matter hereof. It supersedes all prior proposals,
understandings and all other agreements, oral and written, between the parties
relating to this subject matter. Veriagent reserves the right to amend this
Agreement at any time. When Veriagent amends this Agreement, Veriagent shall
make reasonable efforts to provide You with general, not specific, notice of
such changes by posting a conspicuous announcement at
www.veriagent.com that; (i) such
changes or amendments have occurred; and (ii) identifying which particular
provisions have changed. Such announcement shall be maintained for no less than
30 days following the effective date of such amendment. Your continued use of
the Veriagent Services, following the posting of such amendment will signify and
be deemed Your assent to and acceptance of the revised Agreement. You agree that
You have the burden to periodically review
www.veriagent.com to inform Yourself of
any such changes.
-
Waiver. The waiver or failure by
Veriagent to exercise any right provided for herein will not be deemed a waiver
of any further right hereunder. The rights and remedies of Veriagent set-forth
in this Agreement are cumulative and are in addition to any rights or remedies
Veriagent may otherwise have at law or equity, except with respect to any sole
and exclusive remedies expressly provided for herein.
-
Equitable Actions. You acknowledge and
agree that any breach or threatened breach of this Agreement may cause immediate
and irreparable harm to Veriagent which would not be adequately and fully
compensated by money damages and that Veriagent may seek injunctive relief,
specific performance, and/or other equitable relief as a remedy for any such
breach or anticipated breach without the necessity of posting a bond or other
security. Notwithstanding any other provision of this Agreement, any such relief
may be sought in the High Court of South Africa or any other court of competent
jurisdiction anywhere in the world (at Veriagent’s sole discretion), and, You
hereby consent to the jurisdiction of any such court and waive any objection to
venue laid therein. Any such relief shall be in addition to and not in lieu of
any appropriate relief in the way of monetary damages.
-
Force Majeure.
Veriagent shall not
be responsible for delays or failures in performance resulting from acts of God,
strikes, lockouts, riots, acts of war and terrorism, embargoes, boycotts,
changes in governmental regulations, epidemics, fire, communication line
failures, power failures, earthquakes, other disasters or any other reason where
failure to perform is beyond the control of, and not caused by, Veriagent.
-
Notices. Except as otherwise expressly
provided herein, any notice, request, approval, authorization, consent, demand
or other communication required or permitted to be given or made pursuant to
this Agreement shall be in writing and shall be deemed given on the earliest of:
(i) actual receipt, irrespective of the method of delivery; (ii) the time of
transmission from Veriagent if sent via email, as date stamped by Veriagent’s
systems; (iii) on the delivery day following dispatch if sent by express mail
(or similar next day air courier service); or (iv) on the sixth (6th) day after
mailing by registered mail, return receipt requested, postage prepaid and
addressed to the last address provided by a party.
-
Headings/Interpretation. The table of
contents and the descriptive headings are for convenience only and shall not
control or affect the meaning or construction of any provision of this
Agreement.
DISCLAIMER. YOU
ASSUME ALL RISK AND RESPONSIBILITY FOR YOUR DECISION TO USE THE VERIAGENT
SERVICES. THE VERIAGENT SERVICES AND ALL RELATED SERVICES ARE OFFERED "AS IS"
AND VERIAGENT DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT
LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
AND NON-INFRINGEMENT.
Veriagent Privacy Policy
Veriagent is
committed to maintaining the privacy of personal information that you provide to
us when using any of our online services. This Privacy Policy describes how we
treat the information we receive when you transmit data to any machine owned by
Veriagent.
Web Form Information
When you submit
information to Veriagent to make a payment or register an account, we may
collect personally identifiable information from you that may include your name,
address, email address, and credit card number. We do not knowingly collect
personal information from persons under the age of eighteen.
Web Site Usage Information
We automatically
collect IP addresses and Web site usage information from you when you access any
of our online services. This information helps us evaluate how our visitors and
subscribers use and navigate our Web sites on an aggregate basis, including but
not limited to, the number and frequency of visitors and subscribers to each web
page and the length of their visits.
How We Use Information Collected
We may use
information in the following ways:
-
To perform the actions for which you specifically provided the
information (For example, enabling us to process, validate, and verify
purchases).
-
To register you as a client and establish an account for you.
-
To send you email notifications about our new or existing
Veriagent products and services, special offers, or to otherwise contact you.
-
To enhance existing features or develop new features, products
and services.
-
To provide advertisers and other third parties with aggregate
information about our user base and usage patterns.
-
To allow us to personalize the content and advertising that you
and others see based on personal characteristics or preferences.
-
To publish Your name on the website
Except as
specifically set forth in this Privacy Policy, we will not share your personally
identifiable information with any entity outside of Veriagent.
We may disclose and
use personally identifiable information in special circumstances where it is
necessary to enforce our service agreements or terms of use (for example to
protect our intellectual property rights). We may also disclose or use your
personal information when we, in good faith, believe that the law may require us
to do so.
Cookies
We define a cookie
as any string of data that is automatically stored on your computer upon access
to our online services. Veriagent employs cookies to assign temporary
identification numbers to machines that access our web servers. This information
enables us to deliver faster service to our subscribers, prevent denial of
service attacks on our systems, detect and prevent fraudulent transactions, and
assist with awarding proper sales credit to our partners. All Veriagent cookies
are 1) of limited duration, 2) less than 5KB in length, 3) only visible to
Veriagent web servers, and 4) devoid of any personally identifiable information.
Security
The personally
identifiable information we collect about you is stored in limited access
servers. We maintain safeguards to protect the security of these servers and
your personally identifiable information. We retain personally identifiable
information only as long as necessary to complete a purchase, thwart fraud,
provide customer service, or maintain your account with us.
Policy Modifications
We may change this
Privacy Policy from time to time. We will post any changes here, so be sure to
check back periodically.
Comments and Questions
If you have any
questions, comments or concerns about our Privacy Policy, you may contact us by
using the Contact Us link on this website.
Veriagent Security Policy
Veriagent is
committed to maintaining high security standards to protect the data of all
parties who interact with our information systems. No data transmission across
the Internet or information storage technology can be guaranteed to be 100%
secure. Veriagent takes several measures to minimize any risk and to protect
your data and your business. Currently 128 bit ssl encryption is utilised and
all documentation uploaded is fully encrypted.
Encryption
Veriagent employs
encryption technologies using Secure Sockets Layer (SSL) from trusted vendors
like Verisign and Thawte to encrypt sensitive data between and among you and our
systems. Veriagent also uses strong proprietary encryption methodologies to
store and maintain particularly sensitive personal or financial information.
Authentication
Veriagent recognizes
how important our security best practices are to your business. Unlike many
other websites, Veriagent chooses your password and assigns it to you. Thanks to
our encryption methodologies, your Veriagent password cannot be viewed or
discovered, even by our own staff. Other web sites may permit you to choose a
password but may require special characters, formats, or numbers. Veriagent’s
password policy ensures that your password is strong and unique. Unlike other
website passwords you may use, your Veriagent’s password cannot be discovered
from your personal data or activity on other web sites. While this
authentication practice may at times seem cumbersome, it is in place to protect
you, your data, and your business.
Infrastructure Technology
Veriagent chooses
technologies, vendors, and partners that exhibit good security practices.
Defense strategies are employed with inclusion-based rules and only permit known
and acceptable activities from expected or trusted entities. Veriagent maintains
reasonable physical, electronic, and procedural safeguards that comply with
pertinent statutes to protect your sensitive information.
Aggressive Fraud Analysis
Veriagent
automatically collects and interrogates the activities of all IP addresses that
interact with Veriagent systems. Suspicious or fraudulent behaviour is dealt
with immediately and directly using proprietary systems and procedures. In
addition, clients must first register for their account before any functionality
performed/published to the Marketplace and sold. These practices help us to
maintain higher satisfaction rates and lower costs.
Comments and Questions
If you have any
questions, comments or concerns about our Security Procedures, you may submit
your inquiry by using the Contact Us link on this website.
Veriagent Network Abuse Policy
Veriagent is an
Internet ASP Portal that lists/sells properties and perform digital capturing of
data and digital uploads of documents to customers..
All Veriagent
clients are prohibited from using our services in conjunction with any form of
network abuse, spamming, spyware, denial of service, or other illegal activity.
Sending any email to purchased lists or lists obtained by any other method (such
as harvesting) is not acceptable. Clients may only send email to recipients who
have joined mailing lists directly from their own website.
Please report any
abuse of Veriagent resources promptly so that we can take corrective action
against any offending accounts.
-
If you have arrived
at this page several times via unwanted popup windows, your machine may be
infected with a virus. Such viruses can often be removed using anti-spyware
utilities. Click
HERE for Microsoft's free spyware removal tool.
-
To report unwelcome
email, newsgroup cross
posting, or abuse on
online classified sites or social networking sites, please notify our Security
Department through our Support email. If you are able to cut and paste the full
body and header of the offending message in the form, please send that
information along with your report.
-
To report sites
using mousetraps, such as windows that spawn new windows or otherwise resist
being closed, please forward the offending URL using our Support email.
VERIAGENT DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") AND TRADEMARK POLICY
DMCA POLICY
It is Veriagent’s
policy to comply in full with the requirements of the Digital Millennium
Copyright Act of 1998 ("DMCA").
Accordingly, if any Product, or Promotion (collectively the "Client Material") violates a valid
copyright, Veriagent may remove or disable access to such Client Material upon
receipt of a valid, complete DMCA complaint (a written notification called a "Takedown Notice").
Submitting a Takedown Notice:
Per the DMCA, if You
believe that a valid copyright in which You have ownership rights is being
infringed, Veriagent is authorized to remove or disable access to Client
Material only if You provide a Takedown Notice to Veriagent's designated
Copyright Agent which includes all of the following:
-
The words "DMCA
COMPLAINT - TAKEDOWN NOTICE" at the top of Your communication;
-
A reasonably
detailed description of the copyrighted work(s) or other intellectual
property(s) You claim has/have been infringed;
-
Identification of
the specific Client Material that You believe infringes upon Your rights and
sufficient information to enable Veriagent to locate the specific Client
Material. The DMCA only authorizes Veriagent to remove or disable access to
specific infringing Client Materials. We are not authorized to generally disable
access to non-infringing Client Materials;
-
The following
statements or equivalent:
-
"I swear, under
penalty of perjury, that
(i) the information
contained in this notification is accurate and that I am the copyright owner or
am authorized to act on behalf of the owner of an exclusive right that is
allegedly infringed; and
(ii) I have a good
faith belief that use of the copyrighted materials described above on the
allegedly infringing web pages is not authorized by the copyright owner, its
agent, or the law."
-
Your company name
(if any), Your legal name (printed), Your mailing address, and Your phone
number, and, if available, an electronic email address; and
-
A physical or
electronic signature of a person authorized to act on behalf of the owner of the
right that is allegedly violated or infringed, and the present date.
To file a DMCA
complaint with Veriagent, You must send a hardcopy communication via
certified-mail to Veriagent’s designated representative ("Copyright Agent") at the following
address or email address:
Veriagent Legal
Dept.
P O Box 724 Rivonia
2128 South Africa
Email:
support@veriagent.com
Note: the submission
of a false or materially misleading Takedown Notice may constitute perjury and
other offenses and may subject You to potential liabilities. Prior to filing a
Takedown Notice You may wish to first consult with an attorney.
Upon Veriagent’s
receipt of a valid, complete Takedown Notice, Veriagent shall (i) remove or
disable access to the specific allegedly infringing Client Material identified
in the Takedown Notice, and (ii) take reasonable steps to contact the Vendor or
Affiliate providing such Client Material.
Submitting a Counter-Notice:
If Veriagent removes
or disables access to Your Client Material as a result of a Takedown Notice, You
may instruct Veriagent to restore Your Client Material by providing a
counter-notification ("Counter-Notice") to the Veriagent Agent containing all of the following:
-
Identification of
the Client Material and the location at which Client Material appeared or was
available before removal;
-
A statement that You
have a good faith belief that the Client Material was removed or disabled as a
result of mistake or a misidentification of the Client Material;
-
Your name, address,
telephone number, email address, and a statement that You consent to the
jurisdiction of the federal court in Boise, Idaho, and a statement that You will accept service of process from the
third party who provided the Takedown Notice.
-
Your physical or
electronic signature;
Upon receipt of Your
Counter-Notice, Veriagent shall send a copy of Your Counter-Notice to the
original complaining party and inform such party that Veriagent shall replace or
restore access to Your Client Material within no less than 10 but no more than
14 days unless Veriagent receives official notice from the complaining party
that it has filed an action seeking a court order to restrain You from restoring
the Client Material.
Repeat Offender Policy:
If You are the
subject of two or more valid and complete Takedown Notices that You do not
satisfactorily rebut with valid Counter-Notices, in addition to any other
available rights and remedies, Veriagent reserves the right to terminate Your
account(s), without penalty or liability to Veriagent. In addition, Veriagent
may exercise all other rights and remedies available to it.
General:
Nothing contained
herein shall restrict Veriagent's ability or right to remove or disable access
to any Client Material which Veriagent independently discovers and which, in
Veriagent’s sole discretion, violates or infringes any right of any third party,
including, without limitation, any IP Right.
Details of the DMCA
are available at US Copyright Office Web Site:
www.copyright.gov
for USA transactions
TRADEMARK POLICY
You agree that, in
the event Veriagent receives a written demand, such as a "Cease and Desist"
letter ("Demand") alleging
that any Product ("Client Material") infringes upon, dilutes, tarnishes or otherwise violates its
trademark rights, Veriagent may in its sole discretion, remove or disable access
to such Client Material until Veriagent receives either:
-
Written confirmation
from the party sending such Demand that the Demand is withdrawn or has been
resolved, or
-
You submit
sufficient evidence to satisfactorily rebut the allegations contained in such
Demand, the adequacy of such evidence to be determined by Veriagent in its sole
discretion and which Veriagent may reject for any reason without penalty or
liability to You. In order for Veriagent to accept such rebuttal, You expressly
acknowledge and agree that such rebuttal shall include:
-
The information set
forth above for a valid counter notice except such information shall relate to
the trademark at issue and not disputed copyrighted material; and
-
An express,
irrevocable and binding obligation pursuant to which You shall indemnify, defend
and hold harmless Veriagent from any damages, costs, or expenses that Veriagent
may incur, in any manner whatsoever, arising out of or in connection with the
disputed Client Materials and/or Veriagent’s restoration thereof.
As a condition of
registration with Veriagent, You acknowledge and agree that:
-
Veriagent is not
under any obligation to restore access to any Client Material even if You
provide a rebuttal and that the determination of sufficiency of any evidence
provided in a rebuttal shall be at Veriagent’s sole discretion;
-
You expressly waive
and disclaim any claim or potential claim against Veriagent related to or
arising out of Veriagent’s removal of or disabling of access to any Client
Material in response to a Demand, including without limitation any claim for
lost revenue, lost profits and/or expenses. and,
-
The procedures of
the DMCA apply only to copyrighted materials and expressly exclude any other
form of IP Right, including any rights in trademarks, service marks and/or trade
names and that the foregoing process is intended only to provide a convenient
mechanism for addressing such disputes and does not, and shall not be
construed, as
imposing upon Veriagent any of the obligations imposed under the DMCA with
regard to response times or the like.
Note to Veriagent Clients.
This DMCA and
Trademark Policy is part of, and incorporated within, the Veriagent Client
Contract. As a condition of registering with Veriagent and using the Veriagent
Services, You expressly acknowledge that You have read and understood this DMCA
and Trademark Policy and You agreed to be bound by the terms and conditions
contained within. If at any time You disagree with this DMCA and Trademark
Policy or any part of it, Your sole remedy is to cease all use of the Veriagent
Services and terminate Your account. Please note, however, that any transactions
which occurred prior to the date of such termination shall be governed and
controlled in full by the terms of this DMCA and Trademark Policy.
Vendor and Products Requirements Policy
You expressly agree
and acknowledge that the terms and conditions contained in this
Vendor and Product Requirements Policy
are incorporated within the Veriagent Client Contract, and You expressly
acknowledge that You have read this Vendor and Product
Requirements Policy and agree to comply with and be
bound by all of its terms and conditions as a requirement of creating and
maintaining an account with Veriagent. If at anytime You do not agree with any
part of this Vendor and Product Requirements Policy, You agree that Your sole remedy is to cease any further use of
the Veriagent Services and terminate Your account, in which case You agree that
any activity that transpired prior to the date of such termination shall be
governed in full by this Vendor and Product
Requirements Policy.
-
VENDOR REQUIREMENTS
Veriagent requires
Vendors to abide by the following criteria in order to sell Products through the
Veriagent Services. Your use of the Veriagent Services indicates Your agreement
that:
-
You will create and
be responsible and liable for: (1) a "Pitch Page" which accurately and clearly describes such Product; and (2) a "Thank You" page through which Purchasers
will immediately receive the Product or through which they will receive clearly
and accurate instructions on how and when they will receive the Product.
-
You will provide
valid, working email addresses to which Purchasers or Veriagent can send
inquiries and receive a reply by end of the following business day. Purchasers
and Veriagent must also be able to reach a non-automated response within one
businessday.
-
You will provide
appropriate technical support pages for all Products that You register for sale
via the Veriagent Services in English and all of the other languages in which
the Products are offered at Your own web site. Your technical support must be
consistent with best industry practices and standards.
-
All Products and
promotions must be fully compliant with Your country's laws and with U.S.
federal and state laws, including U.S. Federal Trade Commission regulations,
policies and guidelines governing advertising, disclosure and consumer
protection. You should review materials available at
www.ftc.gov and familiarize Yourself with applicable regulations.
-
PRODUCT REQUIREMENTS
-
All Products must be
original or otherwise appropriately licensed and non-infringing content that is
digitally delivered (via web pages, downloadable files, or email) within 24
hours of purchase. Immediate delivery preferred. If Your Product cannot meet
this requirement, You must receive a written exemption from an authorized
Veriagent representative.
-
You may also offer
shipped delivery of printed media (books, CD's, and DVD's) as a courtesy to
qualified customers, provided the shipped media is clearly complementary and not
essential to the operation of the originally downloaded digital Product. The
complementary nature of the shipped media must be clearly explained to the
customer. See
Federal Trade Commission Policy, Advertising and Marketing on the Internet.
-
You understand that
Veriagent may require that You include additional guidelines and disclaimers for
certain Product categories, and You agree to accept those guidelines and add
those disclaimers, if Your Products fall within those categories in order to
have the Products sold through Veriagent. For the avoidance of doubt, You
acknowledge that You expressly agree to comply with this requirement as a
condition of registration pursuant to the Veriagent Client Contract.
-
Veriagent prohibits
the following types of products:
-
Unlicensed
proprietary content;
-
Any product that, in
Veriagent's sole judgment, encourages the unlawful transfer of copyrighted
media, such as music, movies, videos, and games;
-
Spyware;
-
Existing debts or
promissory notes;
-
Digital cash;
-
Spending accounts;
-
Money transfer;
-
Gift certificates;
-
Coupons, rebates, or
vouchers;
-
Securities or stocks
or bonds;
-
Deeds or titles;
-
Lottery tickets or
sweepstakes;
-
Wagers or wagering
pools, gambling or betting of any kind;
-
Pornography or
pornographic entertainment of any kind;
-
Warez;
-
Pirated software or
pirating tools;
-
Hacking tools;
-
http/tcp proxies,
irc/ircd, Bnc, Eggdrop, Socks4/5;
-
Remote bots;
-
Shell accounts;
-
Dial-ups or
dial-ins;
-
Phone services,
phone minutes, cell messaging, or cell sms;
-
Spamming tools;
-
Fake ID tools;
-
Credit reports or
credit repair;
-
Professional
services, including accounting, legal, medical, and pharmaceutical services;
-
Social security
number ("SSN") searches, SSN
lookups, or SSN verifications;
-
Term papers or other
academic works;
-
Anonymous proxies or
proxy lists;
-
Password lists or
email address lists or postal address lists;
-
Hotel/travel
reservations;
-
Seminar, concert, or
other event tickets or vouchers;
-
Event reservations;
-
Franchises or
franchise opportunities;
-
Multilevel
membership (including MLM, matrix, wheel, cylinder, downline, upline, chain, or
pyramid) or any Product that has no appreciable value to the customer other than
the potential for resale;
-
Products about
marketing through Craigslist or social networking sites that are contrary to the
social networking site's terms of use;
-
Any materials
containing, endorsing or encouraging discrimination, violence, hatred, revenge,
racism, victimization, criminal activity; and
-
Any other category
Veriagent decides to prohibit.
Offering of any of
the prohibited products may result in the immediate suspension or termination of
all of Your activities with Veriagent (including non-offending activities) and
the forfeitures of any account balance owed by Veriagent.