- Eligibility. Use of and registration for the Ocurus Services is void where prohibited. By using the Ocurus Services, you represent and warrant that (a) you are 13 years of age or older; and (b) your use of the Ocurus Services does not violate any applicable law or regulation.
- Term. This Agreement shall remain in full force and effect while you use the Ocurus Services.
- Fees. You acknowledge that Ocurus reserves the right to charge fees for the use of the Ocurus Services and to change such fees from time to time in its sole discretion. If Ocurus terminates your use of the Ocurus Services because you have breached this Agreement you shall not be entitled to any refund of any unused portion of such fees.
- Use by Users. The Ocurus Services are for the personal and professional use of users only. Illegal and/or unauthorized use of the Ocurus Services, including without limitation collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Ocurus Platforms, is prohibited. Ocurus reserves the right to pursue any and all remedies available at law or in equity in response to any illegal or unauthorized use of the Ocurus Services. Ocurus PRO account is highly recommended for commercial use.
- Proprietary Rights in Content on Ocurus. All content accessible via the Ocurus Services (including without protection the identity of customers, sponsors and affiliates of Ocurus) (collectively, “Ocurus Content”) is protected by copyright, trademark, patent, trade secret and other laws, and Ocurus owns or has the right to use and retains all rights in the Ocurus Content and the Ocurus Services. Except as otherwise set forth herein or elsewhere within the Ocurus Services, Ocurus hereby grants you a non-exclusive, revocable, nonsublicensable, limited license to reproduce and display the Ocurus Content (excluding any software code) solely for your personal use in connection with using the Ocurus Services.
- Prohibited Activity. The following is a partial list of certain activities that are illegal or prohibited on the Ocurus Platforms and through your use of the Ocurus Services (“Prohibited Activity”). Ocurus reserves the right to investigate and take appropriate legal action against anyone who Ocurus believes (in its sole discretion) has violated this provision, including without limitation reporting such violation to law enforcement authorities. Prohibited activity includes but is not limited to:
- Copyright Policy. You may not copy, modify, distribute, or reproduce in any way any copyrighted material, trademarks or other confidential or proprietary information belonging to others without obtaining the prior written consent of the owner of such materials or rights. It is the policy of Ocurus to terminate access by any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to Ocurus by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on the Ocurus Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Ocurus Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Ocurus's Copyright Agent for notice of claims of copyright infringement can be reached at email@example.com.
- Disclaimers. Ocurus is not responsible for any incorrect or inaccurate content posted on the Ocurus Services, including whether caused by customers or by any of the hardware, software or functionality associated with or utilized in the Ocurus Services. The Ocurus Services may contain links to other websites. Ocurus is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by Ocurus. Inclusion of any linked website on the Ocurus Services does not imply approval or endorsement of the linked website by Ocurus. When you access these third-party sites, you do so at your own risk. Ocurus takes no responsibility for the goods or services provided by third parties, including customers, sponsors, advertisers, strategic partners or affiliates. Ocurus is not responsible for the conduct of any user of the Ocurus Services. Ocurus assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any information on the Ocurus Services. Ocurus is not responsible for any problems or technical malfunction of any communications network or lines, online systems, servers or providers, hardware or software, due to technical problems or traffic congestion on the Internet or on any of the Ocurus Services or combination thereof, including any injury or damage to users or to any person's computer related to or resulting from participation or downloading materials in connection with the Ocurus Services. Under no circumstances shall Ocurus be responsible for any loss or damage, including personal injury or death, resulting from use of the Ocurus Services, attendance or participation in a Ocurus event or promotion, from any content posted on or through the Ocurus Services, or from the conduct of any users of the Ocurus Services, whether online or offline. The Ocurus Services are provided “AS-IS” and as available and Ocurus expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Ocurus cannot guarantee and does not promise any specific results from use of the Ocurus Services.
- Limitation on Liability. IN NO EVENT SHALL OCURUS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS ARISING FROM YOUR USE OF THE OCURUS SERVICES, EVEN IF OCURUS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OCURUS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO OCURUS FOR THE OCURUS SERVICES DURING THE TERM OF YOUR USE OF THE OCURUS SERVICES.
- Disputes. If there is any dispute about or involving the Ocurus Services, you agree that the dispute shall be governed by the laws of the State of Delaware, USA, without regard to conflict of law provisions, and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in Delaware. Either Ocurus or you may demand that any dispute between Ocurus and you about or involving the Ocurus Services be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Delaware, USA, provided that the foregoing shall not prevent Ocurus from seeking injunctive relief in a court of competent jurisdiction.
- Indemnity. You agree to indemnify and hold Ocurus, its subsidiaries and affiliates, and their respective directors, officers, agents, sponsors, partners and employees harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Ocurus Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Other. By using the Ocurus Platforms or any of the Ocurus Services you agree that you have accepted this Agreement. This Agreement constitutes the entire agreement between you and Ocurus regarding the use of the Ocurus Services. The failure of Ocurus to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Ocurus and Tour Builder are trademarks of Ocurus. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
2. Imagine earning a passive income simply by referring new users to any of our Ocurus sites. When a new user clicks your referral link, signs up for an account and purchases an "Pro" account (or buy Space Upgrade), you will receive a percentage of that person's first cash deposit or purchase. If that sounds like something you want to do, read on to find out how it all works.
3. The fact that you're even here reading this means you've accepted our Ocurus Terms and Condition. These additional terms cover our Affiliate Program and are an extra part of the Ocurus that apply specifically to Ocurus members who refer new users to any of our Ocurus sites.
4. When we say 'you' in these Affiliate Program Terms we are referring to you, the affiliate. All other words defined or explained in the Ocurus Terms of Condition have the same meaning here. If there's any inconsistency between what we say in these Affiliate Program terms and what is in the Ocurus Terms, what we say in these Affiliate Program terms prevail.
5. Read on for details about your responsibilities, how it all works and the process of earning a referral income with us.
Becoming an Affiliate
6. All members can act as affiliates by following the steps outlined in these terms. Just remember that if you want to actively participate in the Affiliate Program there are few things you'll need to keep in mind which are explained below.
How it works
7. Refer new users to Ocurus site and you'll receive a percentage of their first cash deposit or purchase!
8. Referral code: Every member automatically has a referral code which is generated using your username. This referral code is available on the referral page.
9. Simply paste a link or image button on your site using that code. If a new user clicks your referrer link and proceeds to sign up an account and purchase an item or deposit money via any of the Ocurus sites, you will receive a percentage of that person's first cash deposit or purchase.
10. Referral program percentage: The earnings you will get for successfully participating in the Affiliate Program is set out on the Your Profile Page.
11. More details: Here are a few important points about how it works:
- If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
- If a person clicks on your referral link and then later they click on someone else's, yours is the one that counts.
- A user referred via your referral link must not be related to you or your business or company.
- If a person clicks a link, they have three months before the cookie expires. If they sign-up and make a purchase within that time, we will pay your Affiliate Program earnings. After 3 months, no Affiliate Program earnings apply.
- Earnings appear in your members' statement (find out about withdrawing earnings in the next section).
- Above all, use of the Affiliate Program is subject to a fair use policy which gives Ocurus the right to review each and every referral.
How do payments of referral income work
12. We will pay your Affiliate Program earnings from the Affiliate Program in line with the payment rates into your members' statement. In order for us to do this, you authorise us to collect payments for your new user referrals, to credit your members' statement with your earnings, and to distribute your earnings to you.
13. To avoid any confusion, only your earnings from referrals are not able to be withdrawn or refunded. It will only used in Ocurus site for your account upgrade or space upgrade.
Go forth and refer!
We're very glad you've made it to the end of this important document. You can head over to the referral page where you can generate your referral code.
We wish you all the very best. You can always re-visit these Affiliate Program terms and the Ocurus Terms of Condition in future and if you have any questions you can raise a support ticket.
Effective date: February 19, 2017.