TERMS AND CONDITIONS

TERMS AND CONDITIONS

Welcome to RUN-TIGER COMPANY that owns the RUN-CHICKEN brand (hereinafter: RUN-TIGER COMPANY). We treat the protection of your personal data thoughtfully and responsibly and collect, process, and use personal data exclusively in accordance with applicable protection standards.

If you choose to continue to browse and use this website, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern RUN-TIGER COMPANY’s relationship with you in relation to this website. If you disagree with any part of these terms and conditions, please do not use our website.

The terms RUN-TIGER COMPANY, “us,” or “we” refer to the owner of the website. The term “you” refers to the user or viewer of our website and the purchaser, customer, and consumer of our product. The product refers to any item for sale on www.run-chicken.com. Our E.U. company registration number is 8324417000.

The Privacy Policy outlined in these Terms and Conditions does not apply to websites maintained by other companies or organizations to which we are linked.

INTELLECTUAL PROPERTY RIGHTS

The rights to the designs and content of this website are owned by RUN-TIGER COMPANY and are protected by copyright and other intellectual property rights. You may not copy, reproduce, modify, distribute, display, post, or transmit any part of this site without permission. All trademarks, product names, and company names or logos featured on this website are the property of their owners.

USE OF INFORMATION

You agree that RUN-TIGER COMPANY is free to use any comments, information, photos, videos, or ideas contained in any communication you may send to RUN-TIGER COMPANY or submit to the site without notice, compensation, or acknowledgement to you for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products and services and creating, modifying, or improving the site or other products or services. We agree to not use identifiable full names, telephone numbers, addresses, or email addresses of individuals who submit such information without explicit permission. We will assume that if there are photos that are provided in which people can be identified, the photos are submitted with presumed permission to use the photos as we see fit for promotional purposes, without the need for further permission and without the need for any sort of model release and/or compensation. With that said, if there are people in the pictures that you submit to us, we will endeavor to seek permission prior to using those pictures.

Any communication or material you transmit to the site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary. Anything you transmit or post may be used by RUN-TIGER COMPANY or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, RUN-TIGER COMPANY is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.

APPLICABILITY

These Terms are governed by E.U. law. You and We both agree to submit to the non-exclusive jurisdiction of the E.U. courts. These conditions are applicable where the E.U. or other applicable laws do not provide conditions that are in conflict with them.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless RUN-TIGER COMPANY, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees resulting from any violation of these terms and conditions or any activity related to your internet account (including negligent or wrongful conduct) by you or any other person accessing the site using your internet account.

MISCELLANEOUS

Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of RUN-TIGER COMPANY products) must be commenced within one (1) year after the claim or cause of action arises. By using the site, you agree to receive electronic communications from RUN-TIGER COMPANY. You agree that any notice, agreement, disclosure, or other communication that RUN-TIGER COMPANY sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

​RUN-TIGER COMPANY’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. RUN-TIGER COMPANY may assign its rights and duties under this Agreement to any party at any time without notice to you.

Affiliate Links & Recommendations

​As an Amazon Seller, RUN-TIGER COMPANY does not earn commissions from qualifying purchases from Amazon.com. Our Amazon link on our site is purely for informational purposes only; this link is not affiliated, and we do not make a commission out of it.

I am an Influencer or Business Owner

I am an influencer/business owner, and I would like to promote/sell the RUN-TIGER COMPANY and RUN-CHICKEN branded products. Do you offer a partnership program?

​In order to offer the best product at the best possible price, we do not allow trade accounts to resell our products. For our affiliate program, please contact us at [email protected].

TERM AND TERMINATION

These terms and conditions are applicable to you upon your accessing the site. RUN-TIGER COMPANY reserves the right in its sole discretion to terminate or restrict your use of the site, without notice, for any or no reason, and without liability to you or any third party. In addition, these terms and conditions, or any part of them, may be terminated by RUN-TIGER COMPANY without notice at any time, for any reason. The provisions relating to Intellectual property rights, Use of information, Applicability, Indemnification, and Miscellaneous shall survive any termination.

Affiliate Program

By accessing, browsing, or otherwise signing up for the RUN-CHICKEN Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions.

Please ensure that you read, understand, and agree before signing up to these terms of use.

These Terms are a legal agreement between RUN-TIGER COMPANY registered in Slovenia under E.U., registration number 8324417000, having its registered office at Vilharjeva cesta 38, 1000 Ljubljana (“RUN-TIGER COMPANY”, “RUN-CHICKEN brand”, “we”, “us”) and You (the “Affiliate”, “You”).

You must be of legal age to form a binding contract with RUN-TIGER COMPANY.

You have the authority to enter into these terms personally or on behalf of the entity you represent. If you do not agree to be bound by these terms, you may not access or sign up for the RUN-TIGER COMPANY affiliate program.

The “Effective Date” of this Agreement is the date on which you sign up for the Affiliate Program on ReferalCandy and get an affiliate link email.

Definitions of these Terms and Conditions; Affiliate Program

Customer means a Qualified Referral that has entered into an agreement with RUN-TIGER COMPANY to procure the RUN-TIGER COMPANY and RUN-CHICKEN brand products and/or services pursuant to the Affiliate Partners marketing and promotional activities under this Agreement. Accordingly, all of our rules, policies and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers.

Affiliate Program means the program initiated by RUN-TIGER COMPANY where entities and persons who sign up as Affiliate Partners are required to market and refer eligible RUN-TIGER COMPANY and RUN-CHICKEN brand products and/or services to prospective customers in consideration for a commission from RUN-TIGER COMPANY.

ReferalCandy   Account means the account created by the Affiliate Partner with RUN-TIGER COMPANY which is used to realize the commissions paid under this Agreement.

Modifications of Affiliate Program

RUN-TIGER COMPANY reserves the right to modify, update and change the Affiliate Program and these Terms and Conditions from time to time without notice. Any amendments, modifications, enhancements, or changes to the Program, including the release of new features and resources made available by us from time to time, shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at run-chicken.com/terms-and-conditions/

ReferalCandy   Account Registration & Terms

In ReferalCandy ‘s software, you must provide your legal full name, a valid email address, and any other information requested to complete the sign-up process for an Affiliate account (“account”). You must be 18 years of age or older to join and have/manage the account. Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user’s name and password with any other person nor with multiple users on ReferalCandy. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you. You may not use the Affiliate Program for any illegal or unauthorized purposes. We will check your given socials, site, and/or blog to secure our clients from harmful and inappropriate content (We do not except or tolerate afiilites who have on their platforms’ content of sexual, illegal, violent, discriminating, etc., nature). You must not, in the use of the Affiliate Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

Promotion of RUN-CHICKEN brand and Referral Links

Once you have signed in to ReferalCandy software you will be sent an email with a URL link that must be used to identify you when placing a link from your site, email, or other communications to the RUN-CHICKEN brand’s website. It is your responsibility to ensure each such link is correctly formatted. Subject to the terms and conditions of this Agreement and after the received email, RUN-TIGER COMPANY hereby grants to Affiliate Partner during the term a limited, non-transferable, revocable and non-exclusive right to market and refer RUN-TIGER COMPANY’ Products and/or Services to prospective customers.

We may also provide graphical images that can be used within the links to promote the RUN-CHICKEN brand. You may not modify these images in any way. We reserve the right to change the images at any time without notice. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site and your social media accounts.

RUN-TIGER COMPANY grants Affiliate Partner, a term-based, territory-based, revocable right to display, publicly perform and publish RUN-TIGER COMPANY and RUN-CHICKEN brand trade name, logo, or trademark (“Marks”) solely concerning the promotion of the RUN-TIGER COMPANY and RUN-CHICKEN brand products and/or services to potential customers.

While in the exercise of rights under this license, it shall be the responsibility of the Affiliate Partner to ensure that:

  1. The Marks are used only to denote the origin and ownership of RUN-TIGER COMPANY products and/or services.
  2. It will comply with RUN-TIGER COMPANY’s effective policies (current or updated version thereof) relating to the use of its marks.
  3. It shall not materially modify the marketing materials provided by RUN-TIGER COMPANY, RUN-CHICKEN brand in any way that causes Affiliate Partner to misrepresent the technical capabilities, features, or functions of the RUN-TIGER COMPANY products and/or services. It is clarified that Affiliate Partner will not, under the foregoing license, acquire any right, title, or interest in RUN-TIGER COMPANY, RUN-CHICKEN brand Marks, or Products, and all rights thereto are reserved by RUN-TIGER COMPANY.

You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.

You may not issue any press release concerning this Agreement or your participation in the Affiliate Program; such action may result in your termination from the Affiliate Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of RUN-TIGER COMPANY, RUN-CHICKEN brand, or express or imply any relationship between us and you, or any other person or entity, except as expressly permitted by this Agreement.

Referral Processes:

Qualified Referrals

Affiliate Partner is eligible to receive a referral commission only if Affiliate Partner submits a referral to RUN-TIGER COMPANY that meets the requirements set forth under this Agreement (“Qualified Referral”). RUN-TIGER COMPANY shall, at its sole discretion, decide whether a referral constitutes a Qualified Referral. Affiliate Partner shall submit all referrals through the referral URL provided by RUN-TIGER COMPANY for the same (“Referral Link”). For abundant clarity, a referral submitted by an Affiliate Partner through any other mode of communication, including without limitation, via a phone call or an e-mail, including self-referrals, shall not be considered Qualified Referrals.

Negotiation Rights

Affiliate Partner agrees not to negotiate terms or make commitments on behalf of RUN-TIGER COMPANY. RUN-TIGER COMPANY shall collect the applicable subscription charges for the RUN-TIGER COMPANY Products and/or Services directly from the Customer.

Eligibility

Affiliate Partner shall be entitled to a commission only if a Qualified Referral turns into a paying Customer of RUN-TIGER COMPANY within one (1) month from the date a referral is submitted by the Affiliate Partner (“Conversion Period”) and with a subscription term equal to or greater than one (1) month. On a case-by-case basis, the parties may mutually agree in writing to waive or extend the Conversion Period for a Qualified Referral.

Ineligible Referrals

When someone buys a RUN-TIGER COMPANY Products and/or Services pursuant to the Affiliate Partner’s sales and marketing efforts in accordance with this Agreement, RUN-TIGER COMPANY shall, at its sole discretion, determine if such a buyer is a Qualified Referral. Referrals ineligible for a referral commission are set forth as per described below.

Existing customers Referrals who are RUN-TIGER COMPANY’s existing Customers before the referral are not eligible to receive a referral commission.

Existing Opportunities: Referrals that convert into leads that are materially the same (i.e., same entity) as opportunities that are in RUN-TIGER COMPANY’ or RUN-CHICKEN BRAND’s resellers’ active sales process at the time of the referral or were in process during the thirty (30) days before the referral submission, are not eligible for referral commission.

One-Off Services: Fees for support, implementation, customization, training, consulting, or other professional services or for referring third-party products or services are not eligible for referral commission. Only the monthly net recurring revenue will be taken into account to calculate the affiliate commission to be paid out to the affiliate.

Failure to Follow Process: Referrals where the Affiliate Partner has failed to follow the process set out in this agreement are not eligible for referral commission.

Self-Referrals: Referrals referred by Affiliate Partner are not eligible for referral commission where (i) the referred lead is the Affiliate Partner itself or an entity that the Affiliate Partner owns or is an employee in; or (ii) where the referred lead is an affiliate of the Affiliate Partner. If the Affiliate Partner makes a self-referral, RUN-TIGER COMPANY may, at its discretion, terminate this Agreement and cease paying commissions for such self-referral.

Referral Link: Referrals submitted by the Affiliate Partner without using the Referral Link or before signing up for the Affiliate Program are not eligible to receive any commissions under this Agreement.

Pricing and Availability

We will determine the prices to be charged for services/products sold under this Program in accordance with our pricing policies. Product prices and availability may vary from time to time. Because price changes may affect services/products that you have listed on your site, you should not display services/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 service/product.

Commissions, fees, and refunds

For the sale of a product to be eligible to earn a referral fee, the customer must click through a link from your site, email, or other communications to the RUN-CHICKEN brand website and buy a product within 30 days of the initial click-through. If they fail to sign up within those 30 days and later return without following your link, you will not earn a referral fee.

The referral commission is based on the applicable referral commission rate applied on all invoice amounts realized by RUN-TIGER COMPANY for eligible RUN-TIGER COMPANY Products and/or Services associated with such Qualified Referral including without limitation, net of any discounts, taxes payable, and subsequent refunds not attributable to RUN-TIGER COMPANY’ invoicing error or breach.

We will only pay referral fees on links that are automatically tracked and reported by our systems at ReferalCandy. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you, but it was not tracked by our system.

The referral fee is 3-5% of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays for their product. The first payment will be due once a minimum of 100 USD has been accrued for the affiliates resulting in the customer being referred to the RUN-TIGER COMPANY and RUN-CHICKEN brand. Referral fees are only earned if a customer makes a payment in full.

If RUN-TIGER COMPANY makes a referral commission payment to Affiliate Partner in error, if a Qualified Referral fails to make required product payments to RUN-TIGER COMPANY within sixty (60) days of the payment due date, or if the applicable contract between RUN-TIGER COMPANY and the Qualified Referral is terminated before it’s agreed upon expiration date, RUN-TIGER COMPANY shall be entitled to a refund of the corresponding referral commission payments made to such Affiliate Partner (provided that if a non-paying customer does ultimately pay all amounts due, RUN-TIGER COMPANY will repay Affiliate Partner the applicable commissions minus a deduction for collection and administrative costs, not exceeding half of the total commission). RUN-TIGER COMPANY may, in its sole discretion, choose to either offset such refundable amounts against commissions RUN-TIGER COMPANY owes to Affiliate Partner hereunder or invoice Affiliate Partner for the refundable amounts; invoiced amounts are due and payable within thirty (30) days of the invoice date. RUN-TIGER COMPANY’s right to a refund of which RUN-TIGER COMPANY has not notified Affiliate Partner will expire ninety (90) days after the first anniversary of the start date of the applicable order.

Payment Process

RUN-TIGER COMPANY will calculate referral commission for each Qualified Referral every month, and such commission will be disbursed to the Affiliate Partner’s Account within 30 days from the date of receipt of invoice amounts from the Customer.

Affiliate Partner can realize the commissions paid by RUN-TIGER COMPANY in accordance with the terms and conditions applicable on the usage of its Account. Once the commission is processed at RUN-TIGER COMPANY’s end, RUN-TIGER COMPANY shall not be responsible for any failure of the Affiliate Partner to realize the commission amounts from its Account. Additionally, ReferalCandy shall be solely responsible to provide technical support to the Affiliate Partner for access and usage of their ReferalCandy   Account. You must have a valid PayPal account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash, or other methods. Payment method is subject to change at our discretion.

A summary of sign-ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account at ReferalCandy. The referral fee structure is subject to change at our discretion. We reserve the right to disqualify referral fees earned through fraudulent, illegal, overly aggressive, questionable sales or marketing methods. All fees are exclusive of all taxes, charges, levies, assessments, and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.

We reserve the right to check and change commissions on the basis of orders paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.

Affiliate Partner Responsibilities

  1. Affiliate Partner represents and warrants that it shall:

Not send unsolicited communications, junk email, spam, or other forms of duplicative or unsolicited messages to leads.

Not use banners or links on newsgroups, chatrooms, message boards, banner networks, hit farms, guest books, etc.

Not run any pay-per-click campaigns competing with RUN-TIGER COMPANY and RUN-CHICKEN brand advertising activity.

Not have more than one ReferalCandy   Account.

Use only materials given by RUN-TIGER COMPANY for Affiliate Partner’s sales and marketing efforts.

Not engage in excessive telemarketing activities for promoting RUN-TIGER COMPANY and RUN-CHICKEN brand and Products and/or services.

Not promote RUN-TIGER COMPANY and RUN-CHICKEN brand on sites containing unlawful, hateful, abusive, or pornographic content.

Not promote RUN-TIGER COMPANY and RUN-CHICKEN brand by promoting incentive programs such cash back, vouchers, retro-commission, or any other derivative incentive programs aiming to offer lower pricing than RUN-TIGER COMPANY.

Including (“Standards”) and all applicable laws in the performance of its obligations under this Agreement.

Intellectual, Copyrighted, Trademarked Property Rights and material

RUN-TIGER COMPANY and its licensors retain all rights, title, and interest (including all patent, copyright, trademark, trade secret, and other intellectual property rights) in and to RUN-TIGER COMPANY products and/or services. RUN-TIGER COMPANY will not be responsible if you use another party’s copyrighted or trademarked material in violation of the law. You are solely responsible for ensuring that your reviews, product descriptions, and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws.

Confidentiality

Each party (as “Receiving Party”) will use the same degree of care that it uses to protect the confidentiality of its confidential information of like kind (but not less than reasonable care) to:

  1. Not use any Confidential Information of the other party (the “Disclosing Party”) for any purpose outside the scope of this Agreement.
  2. Except as otherwise authorized by the Disclosing Party in writing, limit access to Confidential Information of the Disclosing Party to those of its employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections not materially less protective of the Confidential Information than those herein. If Receiving Party is required by law or court order to disclose Confidential Information, then Receiving Party shall, to the extent legally permitted, provide Disclosing Party with the advance written notification and cooperate in any effort to obtain confidential treatment of the Confidential Information. The Receiving Party acknowledges that disclosure of Confidential Information would cause substantial harm for which damages alone would not be a sufficient remedy, and therefore that upon any such disclosure by the Receiving Party, the Disclosing Party will be entitled to seek appropriate equitable relief in addition to whatever other remedies it might have at law. To the extent the information shared under this Agreement constitutes personal data as defined under applicable data protection laws, both Affiliate Partner and RUN-TIGER COMPANY will comply with the same. Any personal data of the Affiliate Partner that RUN-TIGER COMPANY may receive shall be processed in accordance with RUN-TIGER COMPANY’s privacy policy which is included herein by reference.

Termination of Affiliate Program

The term of this Agreement will begin upon your subscription to the ReferalCandy   RUN-CHICKEN affiliate program and acceptance of your application and will end when terminated by either party. RUN-TIGER COMPANY may terminate this Agreement at any time without cause and liability upon intimation to the Affiliate Partner. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Affiliate Partner may terminate this Agreement upon thirty (30) days written notice to RUN-TIGER COMPANY via email at [email protected], subject to Affiliate Partner Termination. RUN-TIGER COMPANY will notify the Affiliate Partner that RUN-TIGER COMPANY removed all data from the affiliate program about the affiliate. Upon Affiliate Program termination, RUN-TIGER COMPANY will pay any legitimate outstanding earnings.

RUN-TIGER COMPANY may also immediately terminate this Agreement for:

Any breach of this Agreement by the Affiliate Partner

Any breach of Section Affiliate Partner Responsibilities A. of this Agreement

Bringing in spam leads or failing to bring in sufficient Qualified Referrals who turn into paying Customers during the term of this Agreement.

Bringing in leads to an abnormal amount of credit card rejection occurring extra-payment fees.

Any case of fraud suspected or activity exploits terms and conditions as per described by the affiliate program agreement.

Termination of agreement and refusal

Upon termination of this Agreement, Affiliate Partner agrees to cease all marketing and promotional activities and all further use of the RUN-TIGER COMPANY products and/or services, and remove from your site, all links to the RUN-CHICKEN brand website and all our images and other materials provided under the Affiliate Program. The parties shall return or confirm the destruction of the other party’s Confidential Information provided pursuant to this Agreement.

RUN-TIGER COMPANY reserves the right to refuse service to anyone for any reason at any time.

Disclaimer

RUN-TIGER COMPANY may provide links or access to third-party software or services. The use of any such third-party software and services are governed by the terms of the third-party provider and are binding on Affiliate Partner. RUN-TIGER COMPANY does not provide any warranties and has no liability or obligations to the Affiliate Partner, concerning usage of such third-party software and services including the ReferalCandy   Account created by the Affiliate Partner.

Indemnification

Affiliate Partner will indemnify and hold RUN-TIGER COMPANY and its affiliates harmless against any claim brought by a third party against RUN-TIGER COMPANY and its respective employees, officers, directors, and agents arising from or related to the use of the Marks by Affiliate Partner in breach of this Agreement.

Limitation of Liability

Neither party shall be liable for any exemplary, special, indirect, consequential, or incidental damages of any kind (including without limitation lost profits, loss of use, loss of business, or loss of profit or revenue), even if such party has been advised of the possibility of such damages. The limitations on either party’s liability under this section shall not apply to liability for death, personal injury of a physical nature, or damage to tangible property caused by either party’s gross negligence or intentional misconduct.

RUN-TIGER COMPANY’s aggregate liability under this agreement, regardless of the form of action, will not exceed the commission paid to the affiliate partner by RUN-TIGER COMPANY in the 6 (six) months preceding the claim.

The foregoing states the entire liability of each party concerning this agreement, the products and/or services provided hereunder.

Governing law and jurisdiction

This Agreement shall be governed by the laws of Slovenia, European Union, without regard to conflict of laws principles. Any dispute or claim arising out of or relating to this Form shall be determined by arbitration in Slovenia. The arbitration shall be administered by Slovenian competent authority according to its arbitration rules and procedures.

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 in Slovenia. Arbitration under this agreement shall be conducted under the rules then prevailing of the Ljubljana Arbitration Centre. 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.

Injunctive Relief

The Affiliate Partner expressly agrees that RUN-TIGER COMPANY shall be entitled to injunctive and other equitable relief in the event of, or to prevent, a breach of any provision of this Agreement by the Affiliate Partner. Resort to such equitable relief, however, shall not be construed to be a waiver of any other rights or remedies that the RUN-TIGER COMPANY may otherwise have under law.

Non-solicitation

During the Term and one (1) year thereafter, the Affiliate Partner shall not, either directly or indirectly engage with a RUN-TIGER COMPANY Employee outside the scope of this Agreement; or induce a RUN-TIGER COMPANY employee to terminate their employment. “RUN-TIGER COMPANY Employee” shall mean and include the Employees or consultants of RUN-TIGER COMPANY, its holding, subsidiaries, and affiliates.

No Assignment

Except to its affiliates and/or within group companies, neither Party shall assign any part of this Agreement or its respective rights or obligations under this Agreement without the prior written consent of the other Party (which consent shall not be unreasonably withheld). Subject to the foregoing restrictions, this Agreement will be fully binding upon, inure to the benefit of and be enforceable by the Parties and their respective successors and assigns.

Events outside our control

We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).

A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) the following:

(a) strikes, lock-outs, or other industrial action;

(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disasters;

(d) impossibility of the use of public or private telecommunications networks;

(e) the acts, decrees, legislation, regulations, or restrictions of any government.

Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.

Waiver and Severability

If any provision in this Agreement is held by a court of competent jurisdiction to be unenforceable, such provision shall be modified by the court and interpreted to best accomplish the original provision to the fullest extent permitted by applicable law, and the remaining provisions of this Agreement shall remain in effect. Delay or non-exercise of any right under or provision of this Agreement by either party does not constitute a waiver of that right or provision of this Agreement. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any of these Terms are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

Survival

All sections of this Terms and Conditions, Affiliate Program will survive any termination of the Agreement. Termination of this Agreement will not limit either party’s liability for obligations accrued as of or before such termination or for any breach of this Agreement.

Relationship between the Parties

The Parties (You and we) are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, 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 Agreement.

Notices

All notices to be provided by either Party to the other under this Agreement may be delivered in writing by email to the contact mailing address provided by the parties. RUN-TIGER COMPANY at [email protected]. Also, we may give notice to you at the e-mail address you provided to us when registering at ReferalCandy  . Notice will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Entire Agreement

This Agreement constitutes the entire agreement and supersedes any (prior agreement, understanding, or arrangement between us, whether oral or in writing) and all agreements between RUN-TIGER COMPANY and Affiliate Partner concerning the subject matter hereof.

We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between us before entering into these Terms except as expressly stated herein. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date, we entered into these Terms (unless the such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.

 

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