TRACKAmap Website Use and Subscription Terms and Conditions

 

Use of TRACKAmap.com and a subscription to TRACKAmap Services is subject to the following terms and conditions:

1. CONDITIONS OF USE

1.1 A Subscription to TRACKAmap and your entry to the TRACKAmap Website is subject to the terms and conditions of use defined below. If you do not agree to be bound by these Conditions of Use you should not start a Subscription or enter this Website.

1.2 TRACKAmap reserves the right to change, modify or amend the Conditions of Use of at any time and at its sole discretion. You will be notified of such changes, modifications or amendments within the TRACKAmap.com Home Page. Your continuation of your Subscription, access to TRACKAmap Services and use of the site will be deemed to be your acceptance of these changes, modifications or amendments.

1.3 Subscriptions are valid worldwide.

1.4 Subscriptions cannot be temporarily suspended. Subscriptions cannot be redirected to a different user.

1.5 If you experience technical problems with accessing your Subscription Services, it is Your responsibility to notify TRACKAmap to receive assistance.

2. FEES AND CHARGES

2.1 Prices quoted for Subscriptions to TRACKAmap are in United States dollars, unless a service has been used to convert the price into another currency. The correct price is the United States dollars amount. Any difference between the converted price displayed and actual charge is due to external software or fluctuating exchange rates, TRACKAmap is not responsible for charges that differ for these reasons.

2.2 Access to the Services provided by a TRACKAmap Subscription will be available on a pay for use basis. A setup fee and initial term payment is due upfront and is payable by credit card. Ongoing term charges are payable by credit card.

2.3 All payments are processed by a third party, and as such are subject to additional terms and conditions as set by that third party. It will be clear on the payment page which third party is processing your payment with vendors including MoonClerk, Stripe and Paypal. Terms and conditions of these vendors are available when selecting your payment type.

2.3 Prices are subject to change. A price change may or may not impact existing subscriptions. Although TRACKAmap will attempt to contact you in advance of any price change on an existing Subscription it is Your responsibility to cancel Your Subscription if You do not agree to continue at the new price. Prices will only change at Your renewal date, existing Subscriptions will continue with no change until a renewal date is reached.

3. CHANGES TO YOUR SUBSCRIPTION

3.1 Minimum Subscription term is the initial Subscription length as selected by You (one month, or one year) No refund will be provided for cancellations after a Subscription has began, or for any new payment for a new Subscription term, once that term has begun. Each charge is considered a flat rate for access at any time during a Subscription term, whether the full term is used or not.

3.2 TRACKAmap reserves the right to suspend or cancel your Subscription at any time in its absolute discretion, provided that TRACKAmap gives You written notice of such suspension or cancellation.

3.3 In the event of a cancellation of Your Subscription by TRACKAmap, You will receive a pro-rata refund for the outstanding portion of Your Subscription to a minimum value of USD$5.00.

4. PRIVACY

4.1 TRACKAmap, is collecting your personal information for the purpose of administering your subscription and understanding our audiences. TRACKAmap will otherwise handle your personal information in accordance with TRACKAmaps Privacy Policy which is available on our website at www.TRACKAmap.com/privacy-policy; (and which contains information regarding how you can make a complaint about our handling of your personal information). By providing your personal information, you agree to the terms of the Privacy Policy. Without limiting the foregoing, TRACKAmap may use your personal information as reasonably related to Your relationship with TRACKAmap. In addition, by Subscribing to this service, You consent to TRACKAmap using your personal information for the purpose of sending you information regarding programs, products and services available through us. We will always provide you with the ability to opt out of those communications.

5. DISCLAIMERS

5.1 You agree that any errors made in entering Your contact information and order details, including your Iridium phone number, are Your responsibility and TRACKAmap is not liable for any consequences that may arise as a result of such errors or incorrect information, including but not limited to sending the Subscription to the email address as notified by You and receiving tracking information from the Iridium phone number provided by You. If You change your email address, Iridium phone number, or any other relevant details or do not receive your Subscription, You should notify TRACKAmap by contacting info@trackamap.com.

5.2 To the extent permitted by law, TRACKAmap is not liable to You for any loss or damage incurred by You in connection with your Subscription, whether direct, consequential, special, indirect or other loss or damage. In any event, TRACKAmap’s maximum liability to You is limited to the value of the Subscription fees paid within the previous twelve months.

5.3 You acknowledge that while TRACKAmap will endeavour to ensure that the information contained within TRACKAmap.com and any TRACKAmap Services are accurate and up-to-date, TRACKAmap accepts no responsibility for any error or omission in relation to any information contained within TRACKAmap.com or provided to You through any TRACKAmap Services.

5.4 TRACKAmap makes no warranty or representation as to any information contained within TRACKAmap.com or any TRACKAmap Services. All implied warranties and conditions are excluded, except those that by operation of law cannot be excluded.

5.5 You rely on the information contained within TRACKAmap.com or any TRACKAmap Services at your own risk. TRACKAmap specifically excludes all liability for any loss or damage, which may be suffered by you by reason of reliance on this information contained within TRACKAmap.com for any purpose or your inability to access information from any TRACKAmap Services. Under no circumstances will TRACKAmap be responsible for any direct, indirect or consequential damage caused to you by reason of any use of the information contained within TRACKAmap.com or any TRACKAmap Services or your inability to access material contained within TRACKAmap.com or any TRACKAmap Services. TRACKAmap accepts no responsibility for loss resulting from viruses, internet access problems or hardware or software malfunctions.

5.6 TRACKAmap does not warrant or represent that TRACKAmap.com or any TRACKAmap Services will be available at all times. TRACKAmap accepts no liability for any loss or damage suffered by you if for any reason access to TRACKAmap.com or any TRACKAmap Services is not available.

5.7 In the case of Services offered to you by TRACKAmap, to the extent that TRACKAmap’s liability cannot be excluded by operation of law, TRACKAmap’s liability is limited to the supply of these services again.

5.8 TRACKAmap relies on third-parties to provide some services that are required to provide the final TRACKAmap Service to You. TRACKAmap is in no way required to ensure these third-party services remain available and as such that TRACKAmap remains available to You. If changes to a third-party service restrict Your access to TRACKAmap for greater than 7 days, TRACKAmap will provide an extension to Your Subscription for the number of days that access is restricted. If changes to a third-party service require the cancellation of the TRACKAmap service provided to You then TRACKAmap will refund You as per section 3.3 of these Terms.

6. GENERAL

6.1 You acknowledge that these Website Use and Subscription Terms and Conditions may be modified by TRACKAmap from time to time, and agree that You are responsible for regularly reviewing these Website Use and Subscription Terms and Conditions and your continued use of the TRACKAmap Website and/or Subscription constitutes your acceptance of any such modifications.

7. COPYRIGHT

7.1 ALL material including, but not limited to coding, information, data, photographs and video contained within TRACKAmap.com is subject to copyright laws. Subject to the provisions of such laws you must not copy, reproduce, re-broadcast or re-transmit any material contained within, whether in whole or in part, by any means or attempt to deal in infringing copies taken from this site.

7.2 Any copying for commercial purposes, for distribution to third-parties or other manner of use of TRACKAmap material is expressly forbidden without prior written permission of TRACKAmap.

7.3 Application for the use of material from TRACKAmap should be made to info@trackamap.com.

7.4 No Reverse Engineering. You must not reverse engineer, decompile or otherwise attempt to extract the source code of TRACKAmap or any part thereof, unless this is expressly permitted or required by applicable law;

8. SITE CONTENT

8.1 It is the responsibility of any party whether directly or indirectly displaying material within TRACKAmap.com including, but not limited to, advertisements offering any goods and services for sale or otherwise to ensure that these goods and services do not violate any law pertaining to any form of abuse, malicious falsehood, violence, obscenity, pornography or objectionable social behaviour punishable by law or laws regarding weapons, munitions, explosives and other harmful materials, and do not promote the email activity commonly known as spamming and the Internet activity commonly known as hacking. TRACKAmap accepts no responsibility for any material displayed on this site by any third party. Any liability for such material is hereby excluded.

9. ACCESS TO OTHER SITES

9.1 Links contained within TRACKAmap.com may provide access to you to additional sites, which are owned, maintained and controlled by Internet service providers other than TRACKAmap. These may include free, public access information sites, restricted, user-pays sites and commercial sites including eCommerce sites. The material contained within these sites can change without the knowledge of TRACKAmap. As these sites are neither the property of, or any responsibility of TRACKAmap, you acknowledge that TRACKAmap has no control over the maintenance of these sites and therefore bears no liability or responsibility for their content.

10. LOGOS AND TRADE MARKS

10.1 You may not use any logo, trade mark, name, get up or other indicia appearing within TRACKAmap.com, whether in whole or in part, by any means or for any purpose without the permission of the owner. TRACKAmap accepts no responsibility for the use of any trademark, name, get up or other indicia by any person displaying material within TRACKAmap.com. Liability for such use is hereby excluded. Any person using a trade mark, name, get up or other indicia within TRACKAmap.com agrees to indemnify TRACKAmap for any claim by any third party against TRACKAmap in relation to such use.

10.2 Any external display of the TRACKAmap.com website must not modify, replace, obscure or remove the TRACKAmap logo or in anyway modify the content displayed on the original TRACKAmap page. You will not modify, replace, obscure or otherwise hinder the function any links that are active on the original TRACKAmap page. This includes as part of an iFrame in Your own website.

11. DEFINITIONS

In these terms and conditions:

11.1 “TRACKAmap“, “we” or “us” means the business operated as TRACKAmap.

11.2 “Subscriber“, “Customer” or “You” means a person who is a subscriber to a TRACKAmap Service.

11.3 A “Subscription” means a standard fully paid TRACKAmap subscription taken up directly with TRACKAmap, and for which these terms and conditions apply. A Subscription includes all parts and sections of the Services deemed part of TRACKAmap.com; this may change from time to time in accordance with TRACKAmap’s reasonable operational requirements. A Subscription can only be paid for by credit card, where the initial payment is made by you upfront.

 

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TRACKAmap Affiliate Program Terms of Service

 

Agreement

By signing up to be an Affiliate in the TRACKAmap Affiliate Program (“Program”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”).

TRACKAmap reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

Violation of any of the terms below will result in the termination of your Account and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

Account Terms

• You must be 18 years or older to be part of this Program.
• You must be able to legally participate in this Program, as determined by the country or region you are located, or through any other factor.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
• Your login may only be used by one person – a single login shared by multiple people is not permitted.
• You are responsible for maintaining the security of your account and password. TRACKAmap cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
• You are responsible for all Content posted and activity that occurs under your account.
• One person or legal entity may not maintain more than one account.
• You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
• You may not use the Affiliate Program to earn money on your own TRACKAmap product accounts.

Links/graphics on your site, in your emails, or other communications

Once you have signed up for the Affiliate Program, you will be assigned a unique Affiliate Code. You are permitted to place links, banners, or other graphics we provide with your Affiliate Code on your site, in your emails, or in other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to TRACKAmap. We may change the design of the artwork at any time without notice, but we won’t change the dimensions of the images without proper notice.

To permit accurate tracking, reporting, and referral fee accrual, we will provide you with special link formats to be used in all links between your site and the TRACKAmap site. You must ensure that each of the links between your site and the TRACKAmap site properly utilizes such special link formats. Links to the TRACKAmap site placed on your site pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.” You will earn referral fees only with respect to sales on a TRACKAmap product occurring directly through Special Links; we will not be liable to you with respect to any failure by you or someone you refer to use Special Links or incorrectly type your Affiliate Code, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you pursuant to this Agreement.

Affiliate links should point to the page of the product being promoted.

Referral fees/commissions and payment

For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://globaltracking.live, https://trackamap.live or https://trackamap.com  and complete an order for a product during that session. A Product sale made by a customer within 30 days of clicking through a Special Link from your site to the TRACKAmap site will be eligible to earn a referral fee only if tracked by our system, that is they have allowed the use of cookies and have not removed or otherwise blocked the use of that cookie.

We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Payments only begin once you’ve earned more than $20 in affiliate income. If your affiliate account never crosses the $20 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $20 threshold.

Identifying yourself as a TRACKAmap Affiliate

You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our products, say you are part of TRACKAmap or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

Subject to these Terms TRACKAmap gives you a personal, worldwide, royalty-free, non-transferable, non-assignable, non-sublicenseable, and non-exclusive license to display TRACKAmap logos solely for the purpose of promoting or advertising your authorized use of TRACKAmap services in accordance with these Terms and for the purpose of fulfilling your obligations under the Terms.

You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.

Payment schedule

If you are able and eligible to accept payment through PayPal, then as long as your current affiliate earning are over $20, you’ll be paid each month. If you haven’t earned $20 since your last payment, we’ll pay you the following month after you’ve crossed the threshold. If you are not able to accept payment through PayPal and as long as your current affiliate earnings are over $20 then TRACKAmap will make payments to you annually, or at a shorter timeframe as decided by TRACKAmap, through a payment service agreed between you and TRACKAmap. If you cannot accept PayPal payments then it is your responsibility to ensure an alternate payment system is agreed upon. No payments are due until affiliate earnings are over $20.

Customer definition

Customers who buy products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

Your responsibilities

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

– The technical operation of your site and all related equipment
– Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
– The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials and any information you include within or associate with Special Links)
– Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
– Ensuring that materials posted on your site are not libelous or otherwise illegal
– Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

Compliance with Laws

As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://globaltracking.live, https://trackamap.live, https://trackamap.com and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. TRACKAmap reserves the right to end the Program at any time. Upon program termination, TRACKAmap will pay any outstanding earnings accrued above $20.

Termination

TRACKAmap, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other TRACKAmap service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. TRACKAmap reserves the right to refuse service to anyone for any reason at any time.

Relationship of Parties

You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

Limitations of Liability

We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

Disclaimers

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the TRACKAmap will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent Investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this agreement shall be conducted under the rules then prevailing of the Canadian Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

Miscellaneous

This Agreement will be governed by the laws of Canada, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.

The failure of TRACKAmap to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and TRACKAmap and govern your use of the Service, superceding any prior agreements between you and TRACKAmap (including, but not limited to, any prior versions of the Terms of Service).