Reseller Program Policy

Before submitting an application to become a reseller of SpyX parental control phone tracker, please read this Reseller Program Operating Agreement carefully. The terms and conditions contained in this agreement apply to your participation with SpyX Reseller Program. By submitting an application or participating in the Reseller Program, you agree to all the terms and conditions of this Agreement.

Enrollment in the Reseller Program

You must submit a Reseller Program application from our website. You must accurately complete the application to become a reseller (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 Reseller Program, generally within two business days. We may accept or reject your application at our sole discretion for any reason.

Obligations of the Parties

We will make available to you SpyX URL Activation Links, creative and print materials, the Product descriptions, 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. The Activation Links will serve to provide End Users with access to corresponding SpyX services.

Reseller will pay SpyX for each Activation Link in advance. An 'Activation Link' means a unique URL link, which opens an email submit form. Upon submission of his/her email an End User receives SpyX credentials to the submitted email address. Credentials (link to login page, login name and login password) are to be used for accessing SpyX services. Each Activation Link is unique and can be activated once.

SpyX will provide support to End Users after they access their SpyX accounts.

Should an End User request a refund from the Reseller, Reseller will decide whether to satisfy the request. Should a refund request be satisfied SpyX will request and email of the corresponding End User and disable his/her SpyXy account. SpyX will provide a new Activation Link to Reseller to compensate the Activation Link that has been sold, refunded and deactivated.

SpyX shall provide an invoice to Reseller with listed types of Activation Links (for 1, 3 or 12 months subscriptions), quantity of each type of Activation Link, their prices, total amount payable and payment information. The invoice is to be paid within 7 business days after it is sent. SpyX reserves the right to change these guidelines at any time and such changes will be communicated to Reseller in writing.

You ensure that all materials posted on your Media or otherwise used in connection with Reseller Program (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 SpyX informs you that it considers objectionable.

Reseller shall not modify, update, upgrade or any in other way change that equals to damaging the Product and/or SpyX Trademark. If the Product and/or SpyX Trademark are damaged by Reseller’s actions, the Reseller shall financially compensate SpyX for all the occurred damages.

Reseller shall not use SpyX’s Trademarks in any online search engine marketing campaigns, without SpyX written approval.

Reseller shall ensure compliance with all applicable laws and regulations in the Territory. The Reseller declares and warrants that the license terms granted by SpyX are in compliance with the applicable legislation in Territory.

For legal reasons we have to refrain from promoting SpyX as a 'catch a cheater' solution (or similar). In order to comply, resellers are banned from promoting SpyX as a 'catch a cheater' solution' (or similar). You must refrain or/and remove related content from your promotional sites, or make sure the site has the following disclaimer: Disclaimer: SpyX software is created for the purposes of parental control, monitoring employees' devices (with prior explicit consent obtained) and other directly related reasons. SpyX is not liable for the other ways of the software use, described on the sites other than spyx.com.

Confidentiality

Except as otherwise provided in this Agreement or with the consent of SpyX, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, End User and vendor lists, and pricing and sales information, concerning us or any of our resellers 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 Reseller Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you.

Limited License & Intellectual Property

SpyX owns all intellectual property and other rights to the Products and hereby grants Reseller a limited, non-exclusive right to resell the Products as necessary for fulfillment of Reseller’s obligations under this Agreement. You may not alter, modify, manipulate or create derivative works of any SpyX graphics, creative, copy or other materials owned by, or licensed to, SpyX in any way. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of SpyX's trademarks, service marks, copyrights, patents or trade secrets. You agree that SpyX may use any suggestion, comment or recommendation you choose to provide to SpyX without compensation. All rights not expressly granted in this Agreement are reserved by SpyX.

Termination

You may terminate your participation in the Reseller Program at any time by removing all Offers to sell Activation Links from your Media, deleting all copies of the Activation Links. We may terminate your participation in this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Activation Links or providing you with a written notice. Upon termination of your participation in this Agreement for any reason, you will immediately cease all use of and delete all Activation Links, plus all SpyX or End User intellectual property, and will cease representing yourself as a SpyX or End User reseller for such one or more Offers.

Remedies

In addition to any other rights and remedies available to us under this Agreement, SpyX reserves the right to delete any user accounts submitted through your Activation Links if SpyX determines that you have violated this Agreement. In the event of a material breach of this Agreement, SpyX 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 federal Privacy and Electronic Communications (EC Directive) Regulations 2003 (the 'Directive'). All emails sent in connection with the Reseller Program must include the appropriate party's opt-out link. It is solely your obligation to ensure that the email complies with the Directive. You agree not to rely upon SpyX's approval of your email for compliance with the Directive, or assert any claim that you are in compliance with the Directive based upon SpyX'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 resellers or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Reseller Program.

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, SpyX represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to SpyX's own business operations or SpyX's proprietary products or services.

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Disclaimer: SPYX'S SOFTWARE INTENDED FOR LEGAL USE ONLY. You are required to notify users of the device that they are being monitored. Failure to do so is likely to result .....

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