Vobo

Affiliate Sign-up

Earn up to 25% recurring monthly revenue…

Simply sign-up and and you’ll automatically receive your own personal Affiliate link that directs your referalls to our website.

Whenever your referrals make a purchase you’ll automatically receive your commission via PayPal…

…that’s recurring revenue for as long as your referral remains a paying customer!

Sign-up today!

By signing up to be a Vobo Affiliate or participate in any Affiliate Program activities, you agree to be bound by the following Affiliate Program Agreement (the “Agreement”). The Agreement is between you, as Affiliate (“You” or “Affiliate”), and Vobo, LLC (“Vobo”). Each of Affiliate and Vobo may be referred to as a “Party”, and together as the “Parties”. You can review the current version of the Agreement at any time at https://Vobo.com/policies/Affiliate-program-terms. Vobo reserves the right to update and change the Agreement by posting updates and changes here: https://Vobo.com/policies/Affiliate-program-terms. If a significant change is made, we will provide reasonable notice by email. You are advised to check the Agreement from time to time for any updates or changes that may impact You. Any reference to the Agreement includes any and all terms and documents incorporated by reference.

By agreeing to participate in the Affiliate Program, You agree with and accept all of the terms and conditions contained in this Agreement, and Vobo’s other policies, including but not limited to Vobo’s Vobo’s Terms of Service and Privacy Policy, all of which are included in our Legal and Policy Center (collectively, “Vobo’s Policies”). For the avoidance of doubt, all such Vobo Policies form part of this Agreement and are incorporated by reference.

Affiliate Responsibilities

1.1. Marketing Activities

  1. Affiliate will bear all costs and expenses related to Affiliate’s marketing or promotion of Vobo or Affiliate’s products or services associated with Affiliate’s participation in the Affiliate Program (collectively, “Affiliate Marketing Activities”) in any area, location, territory or jurisdiction, unless otherwise determined by Vobo in its sole discretion.
  2. In no event will Affiliate engage in any Affiliate Marketing Activities except as expressly set forth in this Agreement. In conducting all Affiliate Marketing Activities, Affiliate will comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and “spamming”.
  3. Without limiting the generality of Section 1.1.2, Affiliate will (i) not send any email regarding Vobo to any individual or entity that has not requested such information; (ii) always include Affiliate’s contact information and “unsubscribe” information in any email regarding Vobo; and (iii) not imply that such emails are being sent on behalf of Vobo.
  4. A Affiliate will not (i) engage in any fax, broadcast, telemarketing or any other offline marketing methods with respect to Vobo; (ii) use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to Vobo; (iii) make any false, misleading or disparaging representations or statements with respect to Vobo; (iv) solicit any of Vobo’s customers to leave Vobo; (v) copy, resemble or mirror the look and feel of Vobo’s websites, Vobo’s Trademarks (as defined below) or Vobo’s services or otherwise misrepresent Affiliate’s affiliation with Vobo; or (vi) engage in any other practices that may adversely affect the credibility or reputation of Vobo, including but not limited to, sending email communications or using any website in any manner, or having any content on any website, that (a) uses aggressive or low-quality marketing, including marketing services that are unrelated to Vobo or the Affiliate’s services; (b) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal or objectionable activities; or (c) violates any intellectual property or other proprietary rights of any third party; or (d) otherwise violates Vobo’s Policies, including but not limited to our Acceptable Use Policy.
  5. Anything Affiliate communicates in marketing or advertising any Vobo product, service or opportunity must be true and accurate. Claims that relate to any Vobo product, service or opportunity that are untrue or fraudulent are strictly prohibited. Affiliate may not claim that any government, person, or entity endorses or supports Vobo. Affiliate may not use the intellectual property of any other person or entity in advertising any Vobo product, service or opportunity.

1.2. Compliance with Laws

In addition to, and without limiting the provisions of this Agreement, Affiliate will perform its obligations under this Agreement in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.

1.3 Unauthorized and Prohibited Activities

  1. Affiliate will not promote or advertise Vobo on coupon, deal, or discount sites or on GTP/Get Paid to Click or other incentivized sites, or display any offer code on a public-facing page or through the use of a “click to display” offer code.
  2. Affiliate will not use its links directly in any pay-per-click advertising;
  3. Affiliate will not purchase search engine or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the Vobo Trademarks (as defined below) or any variations or misspellings thereof that may be deceptively or confusingly similar to the Vobo Trademarks.
  4. Affiliate will not create or participate in any third party networks or sub-affiliate networks without the express written permission of Vobo.
  5. Affiliate will not use or encourage any means of delivering fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
  6. Affiliate will not use direct linking to any page on any Vobo website, without prior written permission from Vobo.By clicking on “I agree” (or a similar box or button) when you sign up to be a Vobo Affiliate or participate in any Affiliate Program activities, you agree to be bound by the following Affiliate Program Agreement (the “Agreement”). The Agreement is between you, as Affiliate (“You” or “Affiliate”), and Vobo, LLC (“Vobo”). Each of Affiliate and Vobo may be referred to as a “Party”, and together as the “Parties”. You can review the current version of the Agreement at any time
    at https://Vobo.com/policies/Affiliate-program-terms. Vobo reserves the right to update and change the Agreement by posting updates and changes here: https://Vobo.com/policies/Affiliate-program-terms. If a significant change is made, we will provide reasonable notice by email. You are advised to check the Agreement from time to time for any updates or changes that may impact You. Any reference to the Agreement includes any and all terms and documents incorporated by reference.
    By agreeing to participate in the Affiliate Program, You agree with and accept all of the terms and conditions contained in this Agreement, and Vobo’s other policies, including but not limited to Vobo’s Vobo’s Terms of Service and Privacy Policy, all of which are included in our Legal and Policy Center (collectively, “Vobo’s Policies”). For the avoidance of doubt, all such Vobo Policies form part of this Agreement and are incorporated by reference.
    1. Affiliate Responsibilities
    1.1. Marketing Activities
    1. Affiliate will bear all costs and expenses related to Affiliate’s marketing or promotion of Vobo or Affiliate’s products or services associated with Affiliate’s participation in the Affiliate Program (collectively, “Affiliate Marketing Activities”) in any area, location, territory or jurisdiction, unless otherwise determined by Vobo in its sole discretion.
    2. In no event will Affiliate engage in any Affiliate Marketing Activities except as expressly set forth in this Agreement. In conducting all Affiliate Marketing Activities, Affiliate will comply with all applicable laws, rules, regulations and directives, including but not limited to those relating to email marketing and “spamming”.
    3. Without limiting the generality of Section 1.1.2, Affiliate will (i) not send any email regarding Vobo to any individual or entity that has not requested such information; (ii) always include Affiliate’s contact information and “unsubscribe” information in any email regarding Vobo; and (iii) not imply that such emails are being sent on behalf of Vobo.
    4. A Affiliate will not (i) engage in any fax, broadcast, telemarketing or any other offline marketing methods with respect to Vobo; (ii) use malware, spyware or any other aggressive advertising or marketing methods in any of its dealings relating to Vobo; (iii) make any false, misleading or disparaging representations or statements with respect to Vobo; (iv) solicit any of Vobo’s customers to leave Vobo; (v) copy, resemble or mirror the look and feel of Vobo’s websites, Vobo’s Trademarks (as defined below) or Vobo’s services or otherwise misrepresent Affiliate’s affiliation with Vobo; or (vi) engage in any other practices that may adversely affect the credibility or reputation of Vobo, including but not limited to, sending email communications or using any website in any manner, or having any content on any website, that (a) uses aggressive or low-quality marketing, including marketing services that are unrelated to Vobo or the Affiliate’s services; (b) promotes sexually explicit materials, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal or objectionable activities; or (c) violates any intellectual property or other proprietary rights of any third party; or (d) otherwise violates Vobo’s Policies, including but not limited to our Acceptable Use Policy.
    5. Anything Affiliate communicates in marketing or advertising any Vobo product, service or opportunity must be true and accurate. Claims that relate to any Vobo product, service or opportunity that are untrue or fraudulent are strictly prohibited. Affiliate may not claim that any government, person, or entity endorses or supports Vobo. Affiliate may not use the intellectual property of any other person or entity in advertising any Vobo product, service or opportunity.
    1.2. Compliance with Laws
    In addition to, and without limiting the provisions of this Agreement, Affiliate will perform its obligations under this Agreement in accordance with the highest applicable industry standards and in compliance with all applicable laws, rules and regulations.
    1.3 Unauthorized and Prohibited Activities
    1. Affiliate will not promote or advertise Vobo on coupon, deal, or discount sites or on GTP/Get Paid to Click or other incentivized sites, or display any offer code on a public-facing page or through the use of a “click to display” offer code.
    2. Affiliate will not use its links directly in any pay-per-click advertising;
    3. Affiliate will not purchase search engine or other pay-per-click keywords (such as Google AdWords), trademarks or domain names that use the Vobo Trademarks (as defined below) or any variations or misspellings thereof that may be deceptively or confusingly similar to the Vobo Trademarks.
    4. Affiliate will not create or participate in any third party networks or sub-affiliate networks without the express written permission of Vobo.
    5. Affiliate will not use or encourage any means of delivering fraudulent traffic, including but not limited to use of bots or toolbar traffic, cookie stuffing, or use of false or misleading links.
    6. Affiliate will not use direct linking to any page on any Vobo website, without prior written permission from Vobo.
    7. Affiliate will not mask its referral sites or use deceptive redirecting links.
    8. Affiliate will not disparage the products or services of any other person or entity, including without limitation the products or services of a competitor of Vobo, any other customer or Affiliate of Vobo, or Vobo itself.
    1.4. FTC Guidelines
    1. The Federal Trade Commission in the United States (“FTC”) has guidelines for governing endorsements and testimonials. These rules are aimed at increasing transparency between endorsers and consumers. As a member of the Affiliate Program with Vobo, Affiliate receives compensation for referrals made to Vobo. This may establish a “material connection” according to FTC rules, which creates an obligation for Affiliate to provide disclosure to consumers.
    2. Full compliance with these guidelines requires, among other things, that (a) Affiliate clearly and conspicuously disclose that Affiliate is being compensated for referring customers to Vobo; and (b) Affiliate is not engaged in misleading or deceptive advertising. For further information Affiliate should refer to the statement released by the FTC regarding these guidelines.
    1.5. Other Affiliate Terms
    1. Affiliate must have an active PayPal account in which to receive payment of any Referral Fees. This is the only method in which Vobo will pay You the Referral Fees. If you do not currently have a PayPal account, you can sign up here https://www.paypal.com/us/home.
    2. If the Affiliate is an individual, You must be the older of (i) 18 years; or (ii) at least the age of majority in the jurisdiction where You reside and from where You carry out Affiliate activities.
    3. You confirm that You are becoming a Affiliate for the purposes of carrying on a business activity and not for any personal, household or family purpose.
    4. To become a Affiliate, Affiliate must create a Affiliate Account by providing all information indicated as required. Vobo may reject an application for a Affiliate Account for any reason, in its sole discretion. Affiliate acknowledges that Vobo will use the email address provided by Affiliate as the primary method for communication. Affiliate is responsible for keeping its Affiliate Account password secure. Vobo cannot and will not be liable for any loss or damage arising from Affiliate’s failure to maintain the security of the Affiliate Account and password.
    5. Affiliate acknowledges and agrees that Affiliate will be responsible for the performance of all of its obligations under the Agreement, regardless of whether it sublicenses or subcontracts any such obligations to any third party, including but not limited to any affiliates or subsidiaries of Affiliate.
    6. Affiliate will promptly inform Vobo of any information known to Affiliate that could reasonably lead to a claim, demand or liability of or against Vobo by any third party.
    7. Affiliate acknowledges and agrees that Vobo may amend this Agreement at any time by posting the relevant amended and restated Affiliate Program Agreement on Vobo’s website, available at https://Vobo.com/policies/Affiliate-program-terms and such amendments to the Agreement are effective as of the date of posting. If a significant change is made, Vobo will provide reasonable notice by email. Affiliate’s continued participation in the Vobo Affiliate Program after the amended Affiliate Program Agreement is posted to Vobo’s website constitutes Affiliate’s agreement to, and acceptance of, the amended Agreement. If Affiliate does not agree to any changes to the Agreement, Affiliate must terminate the Agreement by discontinuing its participation in the Vobo Affiliate Program.
    8. Affiliate acknowledges and agrees that Affiliate’s participation in the Vobo Affiliate Program, including information transmitted to or stored by Vobo, is governed by the Vobo Policies found at https://Vobo.com/policies.
    9. If Affiliate’s recruiting efforts include claims related to the potential income a Vobo customer can make, or if You make reference to income You have made, or if You make reference to any lifestyle opportunities You have because of Vobo, the following guidelines must be adhered to: (a) Your statements must be completely true and accurate and supported by evidence; (b) if You use a hypothetical scenario, You must clearly label it as a hypothetical scenario; and (c) Your statements must be accompanied by the Vobo Income Disclosure Statement found at https://Vobo.com/policies/income-disclaimer.
    2. Referral Fees
    2.1. Payment of Fees
    1. Upon acceptance into the Affiliate Program, You will be assigned one or more unique Affiliate URLs that You will use to advertise Vobo. When another person (a “Prospect”) clicks through that URL, a cookie (or similar tracking technology (hereinafter “Cookie”)) will be set in the Prospect’s browser. When the Prospect creates a Vobo account by using Your Affiliate URL, the Cookie on the Prospect’s browser, corresponding to Your unique URL, registers a “Sale,” and each such account is a “Sold Account.” In the event that a Prospect has multiple Affiliate Cookies, the most recently-acquired Cookie will determine which Affiliate is credited with a Sale. In the event that a Sold Account later upgrades its Vobo account, such upgrade will be credited to the Affiliate that was the original referring Affiliate, despite the fact that such update may have come through a different Affiliate account.
    2. Subject to Affiliate’s compliance with this Agreement, You will be entitled to a referral fee for each Sold Account that generates a payment to Vobo monthly or annually. The referral fee amount is 25% of all fees received by Vobo for the base subscription plan of a Sold Account (the “Referral Fees”). Payments of any Referral Fees will be made on the 25th of each month following Vobo’s receipt of such payments. Additional Promotional Payments maybe offered from time to time at Vobo’s discretion. Referral Fee Payments will be made for the life of the customer with Vobo.com.
    3. Referral Fees are paid only for transactions that actually occur between Vobo and a Prospect. If the transaction does not actually occur, or if payment from a Sale is not actually received by Vobo, You will not be paid a Referral Fee on the transaction. If a referral does not link or attach to Your Affiliate account within 30 days from such referral’s subscribing to Vobo’s services, such referral will not be deemed Your Sold Account and You will not be entitled to any Referral Fees from such referral. In order for an account to be linked to your Affiliate account, a referral must either use your affiliate link directly or reach out to support@Vobo.com within those first 30 days requesting to be linked. If payment for a Sold Account later results in a refund or charge-back, and if a Referral Fee was paid to You for that Sold Account payment, then the applicable Referral Fee will be deducted from any future Referral Fees. If Vobo determines, in its reasonable discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement, in addition to Vobo’s rights under Section 3.1, no Referral Fees will be paid to You for such Sale, or if such violation or fraud is discovered by Vobo after payment, such amounts shall be deducted from any future Referral Fees. A referral may request at any time to be removed from Your Affiliate Account and upon such request, You will no longer be entitled to receive any Referral Fees for such referral.
    2.2. Affiliate Representations; Taxes
    1. Affiliate hereby represents and warrants to Company that You are engaged in an independent business enterprise, and that You have complied with all business requirements necessary to operate Affiliate’s business, if any, such as licensing, tax and other business operation requirements.
    2. You are responsible for any and all tax liabilities, including without limitation income tax liabilities that arise from or in any way relate to any Referral Fees You receive from Vobo. If You are not a resident of the United States, Vobo may withhold tax (including without limitation VAT) where required to by applicable law. Where Vobo is required to withhold tax, Vobo will document such withholding.
    2.3. Inventory Loading/Rebates
    Affiliate will not be paid any Referral Fees for payments made on Your own User Account(s). Affiliate is not permitted to open a Vobo account under the name of another person or entity, or under a fictitious name. Affiliate is not permitted to open a Vobo account under any name merely for the purpose of obtaining Referral Fees or any other compensation, including without limitation incentives or prizes that may be offered from time to time. Affiliate may not pay for another person’s account. Affiliate is not permitted to refer itself or any affiliated business. Affiliate is not permitted to offer cash rebates or other monetary incentives to actual or potential Sales. Violation of this paragraph shall constitute a material breach of this Agreement, and You agree to repay to Vobo all Referral Fees earned as a result of any such violation.
    3. Termination
    3.1. Termination
    1. Unless otherwise specified in the Agreement, any Party may terminate this Agreement at any time, with or without cause, effective immediately upon notice to another Party.
    2. Fraudulent or other unacceptable behavior by Affiliate, including breach of this Agreement or any Vobo Policies, as determined by Vobo in its sole discretion, may result in one or more of the following actions being taken by Vobo: (a) termination of Your affiliation with Vobo in its entirety and termination of all services provided to You; (b) suspension of some or all of Your privileges under the Affiliate Program; and/or (c) termination of Your Affiliate account entirely without notice to, or recourse for, You, in which case You shall forfeit all Referral Fees owed to You, either as of the date of termination or thereafter accruing.
    3. At any time that your Vobo customer account is cancelled or suspended by either Party, Affiliate’s participation in the Affiliate Program shall be automatically terminated and Affiliate shall no longer be entitled to any further Referral Fees. If Affiliate later activates a Vobo customer account, Affiliate will be entitled to apply for participation in the Affiliate Program and to earn Referral Fees on any new Sold Accounts. For the purpose of clarity, Affiliate will forfeit all Referral Fees from its Sold Accounts prior to such termination.
    3.2. Results of Termination
    1. Upon termination of this Agreement: (a) Affiliate will immediately cease displaying any Vobo Materials (as defined below) or any Vobo Trademarks (as defined below) on any website or otherwise; and (b) all rights granted to Affiliate under this Agreement will immediately cease, including but not limited to the right of Affiliate to access the Affiliate Account and Affiliate Dashboard, or to receive any payments of Referral Fees under this Agreement, unless otherwise determined by Vobo in its sole discretion.
    2. This Section 3.2 and the following Sections will survive any termination or expiration of this Agreement: Section 4.5 (Proprietary Rights of Vobo), Section 5 (Confidentiality), Section 6 (Disclaimer of Warranty), Section 7 (Limitation of Liability and Indemnification), and Section 8 (General Provisions). In addition, any provisions of this Agreement that by their nature are intended to survive, will survive termination.
    4. Intellectual Property Rights
    4.1. Vobo Materials
    1. All Vobo Materials will be solely created and provided by Vobo unless otherwise agreed to by Vobo in writing in advance. Vobo will provide Affiliate with copies of, or access to, Vobo Materials. By using the Vobo Materials, You indicate Your acceptance of our usage guidelines set forth in this Agreement and You understand that a violation of these guidelines or this Agreement will result in the termination of Your license or permission to use the Vobo Materials. The Vobo Materials are provided “as is” and without warranty of any kind.
    2. Affiliate may display Vobo Materials on its websites solely for the purpose of marketing and promoting Vobo and its products and services during the term of this Agreement, or until such time as Vobo may, upon reasonable prior notice, instruct Affiliate to cease displaying the Vobo Materials. Affiliate may not alter, amend, adapt or translate the Vobo Materials without Vobo’s prior written consent. Nothing contained in any Vobo Materials will in any way be deemed a representation or warranty of Vobo. The Vobo Materials will at all times be the sole and exclusive property of Vobo and no rights of ownership will at any time vest with Affiliate even in such instances where Affiliate has been authorized by Vobo to make changes or modifications to the Vobo Materials.
    3. “Vobo Materials” means any marketing or promotional materials relating to Vobo or its platform or products, including but not limited to copyrighted content, hypertext links, domain names, icons, buttons, banners, graphic files, images and the Vobo Trademarks.
    4.2. Vobo Trademarks
    1. During the term of this Agreement, Vobo hereby grants to Affiliate a limited, revocable, non-exclusive, non-sublicensable and non-transferable license to display the Vobo Trademarks for the sole purpose of marketing and promoting Vobo and its products and services. Affiliate acknowledges and agrees that: (a) it will use Vobo’s Trademarks only as permitted under this Agreement; (b) it will use the Vobo Trademarks in a lawful manner and in strict compliance with all format(s), guidelines, standards and other requirements prescribed by Vobo in writing from time to time; (c) the Vobo Trademarks are and will remain the sole property of Vobo; (d) nothing in this Agreement will confer in Affiliate any right of ownership in the Vobo Trademarks and all use thereof by Affiliate will inure to the benefit of Vobo; (e) Affiliate will not, now or in the future, apply for or contest the validity of any Vobo Trademarks; and (f) Affiliate will not, now or in the future, apply for or use any term or mark confusingly similar to any Vobo Trademarks.
    2. “Vobo Trademarks” means the trademarks, logos, service marks and trade names of Vobo LLC, whether registered or unregistered, including but not limited to the word mark VOBO and the “K” design.
    4.3. Trademark Usage Guidelines
    Affiliate shall only use and visually present the Vobo Trademarks as follows. Affiliate agrees that Your use of the Vobo Trademarks in violation of these guidelines will result in automatic termination of Your participation in the Affiliate Program, this Agreement, and the license and/or permission to use the Vobo Trademarks.
    1. Your use must not mislead consumers as to our sponsorship of, affiliation with or endorsement of your company or your products or services.
    2. The Vobo Trademarks are our exclusive property. All goodwill that results from Your use of the Vobo Trademarks will be solely to our benefit. You will not take any action that is at odds with our rights or ownership of the Vobo Trademarks.
    3. The Vobo Trademarks must be used in a respectful manner. The Vobo Trademarks may not be used in a way that harms us, our products or services, or in a manner which, in our opinion, lessens or otherwise damages our reputation or the goodwill in our brand assets. You may not associate the Vobo Trademarks or any other of our brand assets with any illicit or illegal activities or use them in a way that is deceptive or harmful.
    4. You may use the Vobo® mark to advertise Vobo in your non-paid advertising. Any time You use the Vobo® mark, You must do so in a way that is not likely to confuse readers or cause them to think that You are speaking for Vobo. Whether Your use of Vobo® is confusing will be determined by Vobo in Vobo’ sole and absolute discretion.
    5. Any time You use the word “Vobo” it must be immediately followed by the “Circle R” “®” denoting it as a registered trademark of Vobo, LLC.
    You must plainly display (i.e., not in a link, or in small font) the following disclaimer in any website, social media site, email, and/or other communication or media You choose to use: I am not an employee, agent or representative of Vobo, LLC. Vobo does not in any way endorse my products or services. I am an independent Vobo Affiliate and I receive referral payments from Vobo in this role. All opinions expressed herein are my own and are not official statements of Vobo or any party affiliated with Vobo.
    4.4. Restrictions on Affiliate’s Use of the Vobo Trademarks
    Notwithstanding Section 4.1, Affiliate will not:
    1. use the Vobo Trademarks or variations or misspellings thereof in Affiliate’s business name, logo, branding, advertising, social media or domain name (including without limitation top-level domains, sub-domains and page URLs), products or services (including without limitation, in the name or design of any application or theme), unless granted express written permission by Vobo in advance of each use; or
    2. purchase or register search engine or other pay-per-click keywords (such as Google AdWords), trademarks, email addresses or domain names that use the Vobo Trademarks or any variations or misspellings thereof that may be deceptively or confusingly similar to the Vobo Trademarks.
    4.5. Proprietary Rights of Vobo
    As between Affiliate and Vobo, the Vobo Materials, Vobo Trademarks, all information relating to Vobo’s products and services, and all software, documentation, hardware, equipment, devices, templates, tools, documents, processes, methodologies, know-how, websites, and any additional intellectual or other property used by or on behalf of Vobo or otherwise related to Vobo’s services, the Affiliate Program, together with all copyrights, trademarks, patents, trade secrets and any other proprietary rights inherent therein and appurtenant thereto (collectively, “Vobo Property”) will be and remain the sole and exclusive property of Vobo. To the extent, if any, that ownership of any Vobo Property does not automatically vest in Vobo by virtue of this Agreement, or otherwise, and vests in Affiliate, Affiliate hereby transfers and assigns to Vobo, upon the creation thereof, all rights, title and interest Affiliate may have in and to such Vobo Property (and waives any and all moral rights, as applicable), including the right to sue and recover for past, present and future violations thereof.
    5. Confidentiality
    5.1 Definition
    “Confidential Information” will include, but will not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. For the avoidance of doubt, as between Vobo and Affiliate, any information related to a Vobo customer or other Affiliate is the Confidential Information of Vobo.
    5.2 Covenants
    Each Party agrees to use the other Party’s’ Confidential Information solely as necessary for performing its obligations under this Agreement and in accordance with any other obligations in this Agreement including this Section 5. Each Party agrees that it will take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations under this Agreement, who each will treat such Confidential Information as provided in this Agreement, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained in this Agreement; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party will give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information will not include any information that the receiving Party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (B) is independently developed by the receiving Party without use of or reference to the other Party’s/ies’ Confidential Information, and without breaching any provisions of this Agreement; or (C) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement.
    6. Disclaimer Of Warranty
    The Vobo Affiliate Program, the Vobo products and services, the Vobo Trademarks, and the Vobo Materials are provided “as-is”. Vobo makes no warranties under this Agreement, and Vobo expressly disclaims all warranties, express or implied, including, but not limited to, warranties of merchantability, non-infringement or fitness for a particular purpose. Without limiting the foregoing, Vobo further disclaims all representations and warranties, express or implied, that the Vobo products and services, the Vobo Trademarks, or the Vobo Materials satisfy all of Affiliate’s requirements and or will be uninterrupted, error-free or free from harmful components.
    7. Limitation Of Liability And Indemnification
    7.1. Limitation of Liability
    Vobo will have no liability with respect to the Vobo Affiliate Program, the Vobo products and services, the Vobo Trademarks, the Vobo Materials or Vobo’s obligations under this Agreement or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for losses of profits, goodwill, use, data or other intangible losses resulting in any way from Vobo’s products and services, the Vobo Trademarks, the Vobo Materials or Affiliate’s participation or inability to participate in the Vobo Affiliate Program, even if Vobo has been advised of the possibility of such damages. In any event, Vobo’s liability to Affiliate under this Agreement for any reason will be limited to the Referral Fees paid to Affiliate by Vobo during the six (6) month period immediately preceding the event giving rise to the claim for damages. This limitation applies to all causes of action in the aggregate, including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentations, and other torts. The foregoing limitations will apply to the fullest extent permitted by applicable law.
    7.2. Affiliate Indemnification
    Affiliate agrees to indemnify, defend and hold harmless Vobo and the directors, managers, officers, owners, employees, subcontractors and agents thereof (each, an “Indemnified Party”, and collectively, the “Indemnified Parties”), with respect to any claim, demand, cause of action, debt or liability, including reasonable attorneys’ fees (collectively, “claims”), to the extent that such claim is based upon or arises out of: (a) Affiliate’s breach of any representation, warranty, obligation or covenant under this Agreement; (b) Affiliate’s negligence or wilful misconduct; (c) any warranty, condition, representation, indemnity or guarantee relating to Vobo granted by Affiliate to any third party; (d) Affiliate’s breach of any term of this Agreement or the Vobo Policies (including any documents it incorporates by reference); (e) any third party claim that Affiliate’s products or services infringes the intellectual property or other rights of a third party; (f) Affiliate’s taxes, including any audits or penalties related thereto; (g) the performance, non-performance or improper performance of the Affiliate’s products or services; and (h) Affiliate’s non-compliance or violation of any applicable laws, rules or regulations, including the FTC guidelines.
    7.3. Notice of Indemnification
    In claiming any indemnification under this Agreement, the Indemnified Party will promptly provide Affiliate with written notice of any claim that the Indemnified Party believes falls within the scope of the indemnifications provided under this Agreement. The Indemnified Party may, at its own expense, assist in the defense if it so chooses, provided that Affiliate will control such defense and all negotiations relative to the settlement of any such claim and further provided that in settling any claim the Affiliate will not make any admission on behalf of the Indemnified Party or agree to any terms or conditions that do or reasonably could result in any admission by, or the imposition of any liability upon, the Indemnified Party without the prior written approval of the Indemnified Party.
    8. General Provisions
    8.1. Force Majeure
    Vobo will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control including acts of God, labor disputes or other industrial disturbances, pandemics, electrical or power outages, utilities or other telecommunications failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
    8.2. Independent Contractors
    The Parties to this Agreement are independent contractors. Neither Party is an agent, employee, representative or related entity of the other Party. Neither Vobo nor the Affiliate will have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or otherwise bind, the other Party. This Agreement will not be interpreted or construed to create an association, agency, joint venture or Affiliateship between the Parties or to impose any liability attributable to such a relationship upon either Party.
    8.3. Non-Exclusivity
    Nothing in this Agreement is intended to create, nor will it be construed as creating, any exclusive arrangement between the Parties to this Agreement. This Agreement will not restrict either Party from entering into similar arrangements with others, provided it does not breach its obligations under this Agreement by doing so, including without limitation, any confidentiality obligations.
    8.4. Notice
    Any notice, approval, request, authorization, direction or other communication under this Agreement will be given in writing and will be deemed to have been delivered and given for all purposes (a) on the delivery date if delivered personally, or by email to Affiliate’s email address listed in the Affiliate Account, and to legal@Vobo.com; (b) two (2) business days after deposit with an internationally recognized commercial overnight courier service, with written verification of receipt; or (c) five (5) business days after deposit in certified or registered mail, return receipt requested, postage and charges prepaid. Notice will be sent to the Affiliate at the address provided in the Affiliate Account, and to Vobo at 880 Newport Center Dr., Suite 100, Newport Beach, CA 92660, Attention: Legal Department.
    8.5. No Waiver
    The failure of any Party to insist upon or enforce strict performance by another Party of any provision of this Agreement or to exercise any right under this Agreement will not be construed as a waiver or relinquishment to any extent of such Party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. Each waiver will be set forth in a written instrument signed by the waiving Party.
    8.6. Entire Agreement
    This Agreement, including all Vobo Policies listed on Vobo.com, any completed application form and all guidelines and other documents linked or otherwise incorporated or referenced in this Agreement, sets forth the entire agreement and supersedes any and all prior agreements, written or oral, of the Parties with respect to the subject matter hereof (including, but not limited to, any prior version of this Agreement). Neither Vobo nor the Affiliate will be bound by, and each Party specifically objects to, any term, condition or other provision that is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is proffered by another Party in any correspondence or other document, unless the Party to be bound thereby specifically agrees to such provision in writing.
    8.7. Assignment
    All the terms and provisions of this Agreement will be binding upon and inure to the benefit of the Parties to this Agreement and to their respective heirs, successors, permitted assigns and legal representatives. Vobo will be permitted to assign this Agreement without notice to or consent from Affiliate. Affiliate will have no right to assign or otherwise transfer this Agreement, or any of its rights or obligations under this Agreement, to any third party without Vobo’s prior written consent, to be given or withheld in Vobo’s sole discretion.
    8.8. Applicable Laws
    This Agreement will be governed by and interpreted in accordance with the laws of the State of California, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement and is hereby expressly excluded.
    The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of Orange County, California and appellate courts having jurisdiction of appeals from such courts with respect to any dispute or claim arising out of or in connection with this Agreement.
    8.9. Competitive or Similar Materials
    Vobo is not precluded from discussing, reviewing, developing for itself, having developed, acquiring, licensing or developing for or by third parties, as well as marketing and distributing materials, products or services that are competitive with Affiliate’s products or services, provided that Vobo does not use Affiliate’s Confidential Information in so doing.
    8.10. Modifications to this Agreement
    Vobo may modify this Agreement (including any Vobo Policies) at any time by posting a revised version on the Vobo website or by otherwise notifying Affiliate in accordance with Section 8.4. By continuing to participate in the Affiliate Program after the effective date of any modifications to this Agreement, Affiliate agrees to be bound by the modified terms. It is Your responsibility to check the Vobo website regularly for modifications to this Agreement. We last modified this Agreement on the date listed on the end of this Agreement.
    8.11. Language
    All communications and notices made or given pursuant to this Agreement must be in the English language. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
    8.12. Non-exclusive remedies
    In the event of any breach or threatened breach by Affiliate of any provision of this Agreement, in addition to all other rights and remedies available to Vobo under this Agreement and under applicable law, Vobo will have the right to (a) immediately enjoin all such activity, without the necessity of showing damages or posting bond or other security; (b) immediately terminate this Agreement and Affiliate’s access to the Affiliate Program; (c) receive a prompt refund of all amounts paid to Affiliate under this Agreement;and (d) be indemnified for any losses, damages or liability incurred by Vobo in connection with such violation, in accordance with the provisions of Section 7.
    8.12. Severability
    If any provision of this Agreement is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision of the Agreement, and the Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained within the Agreement.
    8.13 Vobo’s Right to Monitor
    Vobo has the right, but not the obligation, to monitor or investigate any Affiliate website and Your use of Vobo’s products or services at any time for compliance with this Agreement or the Vobo Policies. Our determination of whether a violation of any of these terms has occurred will be final and binding and any action taken with respect to enforcing this Agreement or any other terms, including taking no action at all, will be at our sole discretion.

After registering you’ll go directly to your Affiliate area. Go to “Affiliate URL’s” to see your Affiliate Link.