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Terms and Conditions

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Legal Claim Assistant Terms *
Publisher App/Lead Generation Campaigns Operating Terms and Conditions Agreement from Legal Claim Assistant, Miami, Florida

This PublisherApp/Lead Generation Campaigns Operating Agreement including schedules (the "Agreement") is made and entered into by and between Legal Claim Assistant ("we"), and you, ("you" or "Publisher") the party submitting an application to become a Legal Claim Assistant Publisher). 
The terms and conditions contained in this Agreement apply to your participation with Publisher App/Lead Generation Campaigns from Legal Claim Assistant. Each Publisher App/Lead Generation Campaign offer (an "Offer") may be for any offering by Legal Claim Assistant or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions within the PublisherApp/Lead Generation Campaigns and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.

Enrollment in the Publisher App/Lead Generation Campaigns
You must submit an Publisher App/Lead Generation Campaigns applicationform, (Schedule 1) from our website. You must accurately complete the application to become an Publisher (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the PublisherApp/Lead Generation Campaigns, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.			
Obligations of the Parties
Subject to our acceptance of you as an Publisher and your continued compliance with the terms and conditions of this Agreement, Legal Claim Assistant agrees as follows:					
We will make available to you via the PublisherApp/Lead Generation Campaigns graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Publisher App/Lead Generation Campaigns and will establish a link from your Media to the Program Web Site. 
By using not approved creative materials, Legal Claim Assistant is having the right to hold payments when proof can be shown. 
Limited License & Intellectual Property
We grant you a nonexclusive, non-transferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Publisher App/Lead Generation Campaigns and assisting in increasing sales through the Program Web Site.			

You may not alter, modify, manipulate or create derivative works of the Links or any Legal Claim Assistant graphics, creative, copy or other materials owned by, or licensed to, Legal Claim Assistant in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Promoto rApp/Lead Generation Campaigns. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of Legal Claim Assistant's trademarks, service marks, copyrights, patents or trade secrets. You agree that Legal Claim Assistant may use any suggestion, comment or recommendation you choose to provide to Legal Claim Assistant without compensation. All rights not expressly granted in this Agreement are reserved by Legal Claim Assistant.
Payment
We will pay Publisher for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who:
(i)	accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, 
(ii)	is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, 
(iii)	is not using pre-populated fields 
(iv)	completes all of the information required for such action within the time period allowed by Legal Claim Assistant and 
(v)	is not later determined by Legal Claim Assistant to be fraudulent, incomplete, unqualified or a duplicate. 
The Publisher will upon first request provide Legal Claim Assistant with a completed Schedule 2, within 24 hours to Legal Claim Assistant of a Qualified Action. The Publisher is also responsible for this information for all campaigns.
We will pay you any Commissions earned monthly, provided that your account is currently greater than $ 200,-. Accounts with a balance of less than $ 200,- will roll over to the next month, and will continue to roll over monthly until $ 200,- is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.					
Payment for Commissions is dependent upon Clients providing such funds to Legal Claim Assistant, and therefore, you agree that Legal Claim Assistant shall only be liable to you for Commissions to the extent that Legal Claim Assistant has received such funds from the Clients. You hereby release Legal Claim Assistant from any claim for Commissions if Legal Claim Assistant has not received such funds from the Clients. 

Legal Claim Assistant shall automatically generate an invoice on behalf of Publisher for all  Commissions payable under this Agreement and shall remit payment to Publisher based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by Legal Claim Assistant in its sole discretion. The electronic administration of Legal Claim Assistant will be leading in proof. In the event that Publisher disputes in good faith any portion of an invoice, Publisher must submit that dispute to Legal Claim Assistant in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Publisher does not dispute the invoice as set forth herein, then Publisher agrees that it irrevocably waives any claims based upon that invoice. In the event that Publisher is also tracking Qualified Actions and Publisher claims a discrepancy, Publisher must provide Legal Claim Assistant with Publisher's reports within three (3) days after 30th day of the calendar month, and if Legal Claim Assistant's and Publisher's reported statistics vary by more than 10%  and Legal Claim Assistant reasonably determines that Publisher has used generally accepted industry methods to track Qualified Actions, then Legal Claim Assistant and Publisher agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then Legal Claim Assistant's numbers shall govern. If Publisher has an outstanding balance due to Legal Claim Assistant under this Agreement or any other agreement between the Publisher and Legal Claim Assistant, whether or not related to the Publisher App/Lead Generation Campaigns, Publisher agrees that Legal Claim Assistant may offset any such amounts due to Legal Claim Assistant from amounts payable to Publisher under this Agreement.
Compliance				
Publisher also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media. Ensure that all materials posted on your Media or otherwise used in connection with the Publisher App/Lead Generation Campaigns:
(i)	are not illegal, 
(ii)	do not infringe upon the intellectual property or personal rights of any third party and 
(iii)	do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that Legal Claim Assistant informs you that it considers objectionable (collectively, "Objectionable Content"). 
Not make any representations, warranties or other statements concerning Legal Claim Assistant or Client or any of their respective products or services, except as expressly authorized herein. Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by Legal Claim Assistant or Clients or a part of the Program Web Site, without prior written permission from us.
Publisher also complies with all:
(i)	obligations, requirements and restrictions under this Agreement and 
(ii)	laws, rules and regulations as they relate to your business, your Media or your use of the Links. Comply with the terms, conditions, guidelines and policies of any third party services used by Publisher in connection with the Publisher App/Lead Generation Campaigns, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable Data protection Laws and E-privacylaws, that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Publisher App/Lead Generation Campaigns and the provision of such personally identifiable information to Legal Claim Assistant and Clients for use as intended by Legal Claim Assistant and Clients.	 
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by Legal Claim Assistant or Client, or as required by applicable laws regarding such Offers. Make sure to not place Legal Claim Assistant ads on any online auction platform (i.e. eBay, Amazon, etc). 
The following additional program-specific terms shall apply to any promotional programs set forth below: Email Campaigns. In case of an opt-in jurisdiction at the end-user the consent will be collected by the Publisher meaning that the end-user has given any free, specific, informed and unambiguous indication of the end-users wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the use the e-mail address for direct marketing purposes by the Client which is specifically named in the Publisher App/Lead Generation Campaign(s).					
Publisher agrees that failure to collect the consent where needed or download the Suppression List in case of opt-out law and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Publisher App/Lead Generation Campaigns, possible legal action and any other rights or remedies available to Legal Claim Assistant pursuant to this Agreement or otherwise. 
Publisher further agrees that it will not mail or market to any suppression files generated through the Legal Claim Assistant network, and that doing so may result in Commission withholdings, removal or suspension from the PublisherApp/Lead Generation Campaigns, possible legal action and any other rights or remedies available to Legal Claim Assistant pursuant to this Agreement or otherwise.
Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by Legal Claim Assistant in writing. Any pop-ups/unders used for the PublisherApp/Lead Generation Campaigns shall be clearly identified as Publisher served in the title bar of the window and any client-side ad serving software used by Publisher shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
No links can appear te be associated with campaigns where it is stated that the advertiser of whose brandname or logo is used is not involved in the campaign. Not for own or third party/network Publishers campaigns.
No links can appear to be associated with campaigns that are an infringement to the intelectual protoperty of any mentioned advertiser, brandname of logo of that or advertiser. Not for own or third party/network Publishers campaigns.
No links can appear to be associated with campaigns that mask the origin of the campaign, or the identity of Legal Claim Assistant or remove any marks, such as pixels, watermark, added by Legal Claim Assistant. Not for own or third party/network Publishers campaigns.
No links can appear to be associated with any campaign which main or secundairy purpose is phising for identities of users.
No links can appear to be associated with campaigns at the moment Legal Claim Assistant has stopped a campaign. Not for own or third party/network Publishers campaigns.
The Publisher will activily supervise if the Publisher network campaigns started by the Publisher in no way misleads about involved advertisers and intellectuel property rights.				
Publisher Network Campaigns
For all Publisher's that maintain their own Publisher networks, Publisher agrees to place the Links in its Publisher network (the "Network") for access and use by those Publishers in Publisher's Network (each a "Third Party Publisher"). Publisher agrees that it will expressly forbid any Third Party Publisher to modify the Links in any way. Publisher agrees to maintain its Network according to the highest industry standards. Publisher shall not permit any party to be a Third Party Publisher whose web site or business model involves content containing Objectionable Content or forbidden content or operations as mentioned under header: Advertising Campaigns. All Third Party Publishers must be in good standing with Publisher. Publisher must require and confirm that all Third Party Publishers affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Publisher shall promptly terminate any Third Party Publisher who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Publisher with respect to the Links, Publisher shall promptly disclose to Legal Claim Assistant the identity and contact information for such Third Party Publisher. Publisher shall promptly remove any Third Party Publisher from the Publisher App/Lead Generation Campaigns and terminate their access to future Offers of Legal Claim Assistant in the Network upon written notice from Legal Claim Assistant. Unless Legal Claim Assistant has been provided with all truthful and complete contact information for a Third Party Publisher and such Third Party Publisher has affirmatively accepted this Agreement as recorded by Legal Claim Assistant, Publisher shall remain liable for all acts or omissions of any Third Party Publisher.				
Confidentiality
Except as otherwise provided in this Agreement or with the consent of Legal Claim Assistant, you agree that all information, including, without limitation, the terms & conditions, business and financial information, customer and vendor lists, and pricing and sales information, concerning Legal Claim Assistant or any of our Publishers provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Publisher App/Lead Generation Campaigns, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Publisher shall not use any information obtained from the Publisher App/Lead Generation Campaigns to develop, enhance or operate a service that competes with the Publisher App/Lead Generation Campaigns, or assist another party to do the same.		
	
Termination
This Agreement shall commence on the date of our approval of your Publisher App/Lead Generation Campaigns application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Publisher App/Lead Generation Campaigns at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all Legal Claim Assistant or Client intellectual property, and will cease representing yourself as a Legal Claim Assistant or Client Publisher for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.		

Remedies
In addition to any other rights and remedies available to Legal Claim Assistant under this Agreement Legal Claim Assistant reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) Legal Claim Assistant determines that you have violated these terms & conditions, (ii) Legal Claim Assistant receives any complaints about your participation in the PublisherApp/Lead Generation Campaigns which Legal Claim Assistant reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the PublisherApp/Lead Generation Campaigns. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, Legal Claim Assistant reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.		

Anti-Spam Policy
You must strictly comply with the anti spamregulation. All emails sent in connection with the Publisher App/Lead Generation Campaigns must include the appropriate party's unsubscribe link. From time to time, we may request - prior to your sending emails containing linking or referencing the Publisher App/Lead Generation Campaigns that you submit the final version of your email to Legal Claim Assistant for approval by sending it to your Legal Claim Assistant representative and upon receiving written approval from Legal Claim Assistant of your email the email may be transmitted to third parties. It is solely your obligation to ensure that the email complies with the law. You agree not to rely upon Legal Claim Assistant's approval of your email for compliance with the Law, or assert any claim that you are in compliance with the Act based upon Legal Claim Assistant's approval.	

Fraud
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other Publishers or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Publisher App/Lead Generation Campaigns. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Legal Claim Assistant shall make all determinations about fraudulent activity in its sole discretion.

Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, Legal Claim Assistant represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to Legal Claim Assistant's own business operations or Legal Claim Assistant's proprietary products or services.

Modifications
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective fourteen (14) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such fourteen (14) business day period. Your continued participation in this Publisher App/Lead Generation Campaigns fourteen days (14) business days after a change notice has been posted will constitute your acceptance of such change. In addition, Legal Claim Assistant may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Publisher agrees to promptly implement any request from Legal Claim Assistant to remove, alter or modify any Link, graphic or banner ad that is being used by Publisher as part of the PublisherApp/Lead Generation Campaigns
Independent decision
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Publisher App/Lead Generation Campaigns and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Publisher App/Lead Generation Campaigns.	
Mutual Indemnification
Publisher hereby agrees to indemnify, defend and hold harmless Legal Claim Assistant and Clients and their respective subsidiaries, Publishers, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Publisher herein, (ii) any misuse by Publisher, or by a party under the reasonable control of Publisher or obtaining access through Publisher, of the Links, Offers or Legal Claim Assistant or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links). Legal Claim Assistant hereby agrees to indemnify, defend and hold harmless Publisher and its subsidiaries, Publishers, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that Legal Claim Assistant is not authorized to provide you with the Links.	
Disclaimers
the Publisher app/lead generation campaigns and links, and the products and services provided in connection therewith, are provided to Publisher "as is". Except as expressly set forth herein, Legal Claim Assistant expressly disclaims all warranties, express, implied or statutory, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and no infringement, and any warranties arising out of course of dealing, usage, or trade. Legal Claim Assistant does not warrant that the Publisher app/lead generation campaigns or links will meet Publisher's specific requirements or that the operation of the Promoto rapp/lead generation campaigns or links will be completely error- free or uninterrupted. Legal Claim Assistant expressly disclaims any liability for any act or omission of a client or their products or services. Legal Claim Assistant does not guarantee that Publisher will earn any specific amount of commissions.
Liability
in no event shall Legal Claim Assistant be liable for any unavailability or inoperability of the links, program web sites, technical malfunction, computer error, corruption or loss of information, or other injury, damage or disruption of any kind beyond the reasonable control of Legal Claim Assistant. In no event will Legal Claim Assistant be liable for any indirect, incidental, consequential, personal injury / wrongful death, special or exemplary damages, including but not limited to, loss of profits or loss of business opportunity, even if such damages are foreseeable and whether or not Legal Claim Assistant has been advised of the possibility thereof. Legal Claim Assistant's cumulative liability to Publisher, from all causes of action and all theories of liability, will be limited to and will not exceed the amounts paid to Publisher by Legal Claim Assistant in commissions during the six (6) months immediately prior to such claim.
Miscellaneous
Publisher shall be responsible for the payment of all attorney’s fees and expenses incurred by Legal Claim Assistant to enforce the terms of this Agreement. This Agreement contains the entire agreement between Legal Claim Assistant and Publisher with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Publisher agrees that Legal Claim Assistant shall not be subject to or bound by any Publisher insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether Legal Claim Assistant "clicks through" or otherwise indicates its acceptance thereof. Publisher may not assign all or any part of this Agreement without Legal Claim Assistant's prior written consent. Legal Claim Assistant may assign this Agreement at any time with notice to Publisher. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions (non-)Representation, Confidentiality, Remedies, Mutual Indemnification, Limitation of Liability  and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default. 		

General terms & conditions and final provisions
No other general terms and conditions apply to this agreement. This agreement is governed by the laws of the United States. The competent courts shall be the courts of competent jurisdiction under the main agreement.
If another agreement between parties contains provisions that derogate from the provisions of this agreement, the provisions of this agreement will prevail.
By submitting and application to Publisher App/Lead Generation Campaigns, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Publisher App/Lead Generation Campaigns. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. 
This Agreement was last revised on 3 February 2020, at the Office of Legal Claim Assistant, Miami, Florida.
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