These Affiliate Program Terms & Conditions (these “Terms”) describe the terms and conditions applicable to the Affiliate Program of 3Fun Limited (“3Fun”, “we,” “our,” or “us”). By signing up for and becoming an “Affiliate” and part of the Affiliate program described here and on our website www.go3fun.co/af/partner.html (including any successor site, the “Website”) (the “Affiliate Program”), and by clicking a button or checking a box marked “I Agree” (or something similar) and performing the Services (as defined below), you signify that you have read, understood, and agree to be bound by these Terms, and you acknowledge that you have read and understood our Privacy Policy. We reserve the right to modify these Terms, and we will provide notice of material changes as described below. These Terms apply to all Affiliates (as applicable to “you” or “your”).

1. Services. By agreeing to these Terms, you agree that you will perform various promotional services associated with 3Fun’s affiliate program for 3Fun (acting for itself or on behalf of its parent or certain of its affiliates), all as described in these Terms, and in accordance with our Promotion Tips (as defined below)(the “Services”).
2. Your Responsibilities. You agree that:
   1. You will perform the Services in accordance with and will comply with our Promotion Tips, located at https://www.go3fun.co/af/partner_tips.html (the “Promotion Tips”), and our Payment terms, located at https://www.go3fun.co/af/partner_payment.html and further described below (the “Payment Terms”), each of which is incorporated by reference (the Promotion Tips, the Payment Terms, and these Terms, collectively, the “Agreement”). The Agreement applies to all Affiliates.
   2. Within a reasonable period of time after our written request to you to do so, you will remove any social media posts you made as part of performing the Services for us that, in our sole and reasonable discretion, violate any term of this Agreement.
   3. Before posting any photos, you must obtain written permission from any individuals featured in any photos you post.
   4. You are the author or owner of the content you post in connection with this Agreement or otherwise have all necessary rights and authorizations to post such content for the uses described herein.
3. Compensation.
   1. General. You will be compensated for your performance of the Services in accordance with the information on our Payment Terms, located at https://www.go3fun.co/af/partner_payment.html, which is part of the Agreement. Fees are inclusive of all applicable sales and similar transaction taxes levied by any taxing authority on your Services, and you are responsible for remitting such taxes to the appropriate governmental authority. You are responsible for all costs and expenses incurred by you incident to your performance of the Services, including all tools, vehicles, or other equipment you provide, all fees, fines, licenses, bonds, or taxes required of or imposed against you, and all of your other costs of doing business.
   2. Payment Method. In order to receive payments from us, you must provide at least one (1) current, valid payment card that is accepted by our third-party payment processor, currently Payoneer, (“Payment Processor”) (each such card, a “Payment Method”). By providing a Payment Method, you authorize Payment Processor to access that Payment Method for purposes under the Agreement. Fees are fully earned upon payment. Payment Processor will attempt to verify your Payment Method(s), and may do so by processing an authorization hold, which is standard practice. To the extent Payment Processor processes payments made by or to you, you will be subject to terms and conditions governing the use of Payment Processor’s service. Please review such terms and conditions as well as Payment Processor’s privacy notice (each of which is available on Payment Processor’s website). We do not view or store your full credit card or other Payment Method information. For all payments, Payment Processor will collect your Payment Method details. If any of your account, order, or Payment Method information changes, you will promptly update such information, so that we or Payment Processor may complete your transaction(s) and/or contact you, as needed. The foregoing terms may differ for any payments over $5,000, for which we will contact you to arrange payment through a different method.
   3. Representations and Warranties. You represent and warrant that: (i) the account, order, and Payment Method information you supply to us and/or to Payment Processor, as applicable, is true, accurate, correct, and complete; (ii) you are duly authorized to use the Payment Method(s); (iii) any and all charges paid to your provided Payment Method will be deemed paid to you and we will have no other obligations to you and (iv) charges incurred by you will be honored by your Payment Method company.
   4. Disclaimer. WE DISCLAIM ANY AND ALL LIABILITY WITH RESPECT TO, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR: (I) ANY SECURITY OR PRIVACY BREACHES RELATED TO YOUR CREDIT CARD OR OTHER PAYMENT METHOD, (II) ANY FEES THAT MAY BE CHARGED TO YOU BY YOUR BANK IN CONNECTION WITH THE COLLECTION OF FEES, AND/OR (III) ANY UNAUTHORIZED USE OF YOUR CREDIT CARD, DEBIT CARD, OR OTHER PAYMENT METHOD BY A THIRD PARTY.
4. Usage Rights.
   1. We may promote, repost and reuse any posts (written, photographic or otherwise) you made as part of performing the Services (“Affiliate Content”). By posting Affiliate Content, you represent to us that you have received all necessary rights and authorizations from all individuals appearing in such Affiliate Content for us to promote, repost and reuse the Affiliate Content. As long as we have complied with this Section 4 in connection with promoting, reposting, and reusing Affiliate Content, you agree that neither you nor any third party will have any claim of any kind to additional compensation or benefits from us based on that promotion, reposting, or reuse.
   2. From time to time, we may provide our name(s), trademark(s), logo(s), indicia, materials, photographs, video, products and content (collectively, the “3Fun Materials”) for use in the Affiliate Content or otherwise in connection with the Services. For purposes of clarity, 3Fun Materials may include any materials, photographs, videos, recordings, or other content produced by or on behalf of us, and in which you appear (e.g., promotional videos); provided that 3Fun Materials does not include any Affiliate Content. We are, and shall remain, the sole and exclusive owner of all right, title and interest in and to such 3Fun Materials and all derivative works thereof. You may only use such 3Fun Materials as permitted herein and shall promptly cease use of such 3Fun Materials upon termination or expiration of the Agreement or upon our earlier request. For the sake of clarity, no right is granted to you to modify or to make derivative works of 3Fun Materials except for inclusion as part of the Affiliate Content (which such modifications or permitted derivative works, for purposes of the Agreement, shall not constitute 3Fun Materials). To the extent you obtain any rights, including any intellectual property rights or other proprietary rights in or to the 3Fun Materials or any derivative works thereof that do not constitute Affiliate Content, you hereby assign, transfer and convey all such rights, including any and all intellectual property rights and other proprietary rights, to us.
   3. Except for the rights and licenses expressly set forth in the Agreement, each party and its licensors shall retain the exclusive right, title and interest in and to its and their respective intellectual property rights and other proprietary rights, whether preexisting or otherwise, and any and all derivative works of the foregoing. Nothing in the Agreement shall be construed as conferring any rights by implication, estoppel, or otherwise, under any intellectual property right or other proprietary right, other than the rights expressly granted in the Agreement. Nothing herein shall constitute any obligation on us, our agents, assignees, licensees and others working for us or on our behalf to make any use of any of the rights set forth herein.
5. Term and Termination. You may end your Affiliate relationship and terminate this Agreement at any time by providing written notice to us. We may, with or without prior notice, permanently terminate or temporarily suspend your ability to perform the Services without liability, with or without cause, and for any or no reason, including if, in our sole determination, you violate any provision of the Agreement. Upon termination of this Agreement for any reason or no reason, you continue to be bound by the Agreement.
6. Confidentiality. From time to time, we may disclose or make available to you information about its business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information, whether orally or in written, electronic, or other form or media/in written or electronic form or media, whether or not marked, designated or otherwise identified as "confidential" (collectively, "Confidential Information"). Confidential Information includes any information that should reasonably be understood to be confidential given the nature of the information and the circumstances of disclosure, including non-public business, product, technology, and marketing information. You will: (a) protect and safeguard the confidentiality of all Confidential Information with at least the same degree of care as you would use protect your own highly sensitive confidential information, but in no event with less than a reasonable degree of care; (b) not use any Confidential Information for any purpose other than to exercise your rights, or to perform your obligations, under the Agreement; and (c) not disclose any Confidential Information to any person or entity, except your service providers or financial or legal advisors who/that (i) need to know the Confidential Information and (ii) are bound by non-use and non-disclosure restrictions at least as restrictive as those set forth in this Section.
7. Indemnification. You agree to release 3Fun and to indemnify, defend and hold harmless 3Fun, together with its affiliates and its and their respective officers, directors, employees, agents, insurers, shareholders, licensees, contractors, predecessors, successors or assigns, from and against any and all claims, actions, demands, damages, liabilities, regulatory proceedings, costs (including settlement costs), and expenses (including reasonable outside attorneys’ fees and costs) arising out of or in connection with the Affiliate Content and any Services performed by you under this Agreement, including your failure to comply with the obligations set forth in Section 2.
8. Limitation of Liability. EXCEPT AS PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 3FUN BE LIABLE TO YOU FOR (A) ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST SAVINGS, OR LOSS OF GOODWILL) ARISING OUT OF OR IN CONNECTION WITH YOUR PERFORMANCE OF THE SERVICES, THE AFFILIATE CONTENT, OR YOUR BREACH OR ALLEGED BREACH OF THE AGREEMENT, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) AN AMOUNT GREATER THAN THE FEE.
9. Representations. You and 3Fun each agree that it is authorized to enter into the Agreement and to perform all of its obligations. You further agree that (a) you have not made, nor will you make, any agreement or commitment with any third party that would likely prevent or materially interfere in any way with your provision of the Services or the exercise of the rights granted to us (other than as specifically set out in the Agreement); (b) any factual or opinion-based statement you make in connection with the Services is a true reflection of your beliefs, findings, or opinions; and (c) in executing the Agreement, you have had the opportunity to seek advice as to your legal rights from legal counsel and that the person agreeing on your behalf has read and understood all of the terms and provisions of the Agreement. Additionally, you agree that you will perform the Services in compliance with federal, state, and local laws, statutes, ordinances, rules, regulations, orders, and requirements, whether now in force or later enacted, relating to the Agreement or the Services, including consumer disclosure requirements such as the United States Federal Trade Commission Guidelines Regarding Endorsements available on www.ftc.gov, and in a manner that does not infringe, misappropriate, or violate any third party’s personal or property rights.
10. Governing Law. You agree that: (a) the Services will be deemed solely based in the State of Delaware; and (b) the Services will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than Delaware. These Terms will be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing these Terms, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (as it may be amended, “FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by applicable law. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live (if applicable) or the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Delaware for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Confidential Information, or intellectual property rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that Delaware is the proper and exclusive forum for any appeals of an arbitration award, or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable. These Terms were drafted in the English language and this English language version of the Terms is the original, governing instrument of the understanding between you and us. In the event of any conflict between the English version of these Terms and any translation, the English version will prevail.
11. Arbitration Agreement.
    1. General. READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and us that arises out of or relates to, directly or indirectly: (i) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, and enforceability thereof; (ii) your performance of the Services, including receipt of any advertising or marketing communications from us; (iii) any transactions through, by, or in the performance of the Services; or (iv) any other aspect of your relationship or transactions with us, directly or indirectly, as an affiliate or consumer (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your consent to these Terms.
    2. Opting Out of Arbitration Agreement. If you are a new Affiliate, you can reject and opt out of this Arbitration Agreement within thirty (30) days of accepting these Terms by emailing us at support@go3Fun.co with your full, legal name and stating your intent to opt out of this Arbitration Agreement. Opting out of this Arbitration Agreement does not affect the binding nature of any other part of these Terms, including the provisions regarding controlling law or the courts in which any disputes must be brought.
    3. Dispute-Resolution Process. For any Claim, you will first contact us at support@go3Fun.co and attempt to resolve the Claim with us informally. In the unlikely event that we have not been able to resolve a Claim after sixty (60) days, we each agree to resolve such Claim exclusively through binding arbitration by JAMS before a single arbitrator (the “Arbitrator”), under the Optional Expedited Arbitration Procedures then in effect for JAMS (the “Rules”), except as provided herein. JAMS may be contacted at www.jamsadr.com, where the Rules are available. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. The arbitration will be conducted in the U.S. county where you live (if applicable) or Sussex County, Delaware, unless you and 3Fun agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any JAMS filing and administrative fees and Arbitrator fees in accordance with the Rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees, and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and we agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the scope, interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms are, or whether any provision of these Terms is, unconscionable or illusory, and any defense to arbitration, including waiver, delay, laches, unconscionability, and/or estoppel.
    4. Equitable Relief. Nothing in this Arbitration Agreement will be deemed as: preventing us from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, confidential information, or intellectual property rights; or preventing you from asserting claims in a small claims court, provided that your claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-collective, and non-representative) basis.
    5. Severability. If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in force, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
12. Class Action/Jury Trial Waiver. by entering into these terms, you and 3FUN are each waiving the right to a trial by jury or to bring, join, or participate in any purported class action, collective action, private attorney general action, or other representative proceeding of any kind as a plaintiff or class member. the foregoing applies to all users (both natuRal persons and entities), regardless of whether you have obtained or used the serviceS for personal, commercial, or other purposes. This class action/jury trial waiver applies to class arbitration, and, unless we agree otherwise, the Arbitrator may not consolidate more than one person’s or entity’s claims. You and 3FUN agree that the Arbitrator may award relief only to an individual claimant and only to the extent necessary to provide relief on your individual claim(s). Any relief awarded may not affect other users.
13. Export Controls. You represent and warrant that you are not, and that no person to whom you make the Services available or that is acting on your behalf, or, if you are part of an organization, that no person or entity owning 50 % or more of your equity securities or other equivalent voting interests, is (a) listed on the List of Specially Designated Nationals and Blocked Persons or on any other list of sanctioned, prohibited, or restricted parties administered by U.S. Treasury Department’s Office of Foreign Assets Control or by any other governmental entity, or (b) located in, a national or resident of, or a segment of the government of, any country or territory for which the United States maintains trade or economic sanctions or embargoes or that has been designated by the U.S. Government as a “terrorist supporting” region.
14. General Provisions
    1. Miscellaneous. You and 3Fun each agree that: (a) you are an independent contractor; as such, you are not eligible for any employee benefits, and we will not make deductions from payments made to you for employment or income taxes, which are your responsibility; (b) headings and captions are inserted for convenience and reference only and do not define, determine, or otherwise limit or affect the scope or content of any term of the Agreement; (c) the Agreement may be executed in counterparts, each of which will be deemed an original and all counterparts, each of which shall be an original, but in the aggregate, will constitute, for all purposes, a single instrument; (d) neither party shall make any statement, orally or in writing, nor take any action, that disparages the other party or its affiliates or any of their products or services, or that harms or reasonably should be expected to harm the reputation or goodwill of any of the foregoing.
    2. Assignment. The Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you without our prior express written consent, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof will be null and void.
    3. Notification Procedures and Changes to the Agreement. We may provide notifications, whether such notifications are required by applicable law or are for marketing or other business-related purposes, to you via email notice or written or hard copy notice, or through posting of such notice on the Website, as we determine, in our sole discretion. We reserve the right to determine the form and means of providing notifications to you, provided that you may opt out of certain means of notification, as required under applicable law or as described in the Agreement. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We may, in our sole discretion, modify or update this Agreement from time to time, and so you should review this Agreement periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to these Terms; we may, but are not obligated to, include similar notices on the Promotion Tips and Payment Terms incorporated into this Agreement as well. The Agreement applies to and governs your performance of the Services effective as of the start of your performance, even if such performance began before publication of the Agreement. Your continued performance of the Services after any change to the Agreement constitutes your acceptance of the new agreement. If you do not agree to any part of the Agreement or to any future agreement, do not perform (or continue to perform) the Services.
    4. Entire Agreement; Severability. the Agreement, together with any amendments and any additional agreements you may enter into with us in connection with the Services, will constitute the entire agreement between you and us concerning the Services. Any statements or comments made between you and any of our employees or representatives are expressly excluded from the Agreement and will not apply to you or us, or to your access to or use of the Services. Except as otherwise stated in the Arbitration Agreement, if any provision of the Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision will not affect the validity of the remaining provisions of the Agreement, which will remain in full force and effect.
    5. Interpretation. The word “including” or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it.
    6. No Waiver. No waiver of any term of the Agreement will be deemed a further or continuing waiver of such term or of any other term, and our failure to assert any right or provision under the Agreement will not constitute a waiver of such right or provision.