Terms of Service
Effective: September 20, 2011
These Terms of Service (“TOS”) govern your participation in the Mozilla Affiliate Program. By registering for the Affiliate Program (the “Affiliate Program”) you are agreeing to abide by these TOS.
What it means to Participate in the Affiliate Program
Your participation in the Affiliate Program means that you can help us spread the word about Firefox by providing Mozilla Referral Buttons on your website, blog, mobile content or email signature (each a “Property”). By enrolling in the Affiliate Program, you are agreeing that you are at least 18 years of age (or the legal age in the country in which you reside), and that Mozilla may serve Mozilla banner ads, buttons and links (“Referral Buttons”) on your Property.
Your Obligations Under These TOS
You agree that:
- you will comply with the specifications provided by Mozilla to enable proper delivery, display, tracking, and reporting of Referral Buttons in connection with your Property;
- you are solely responsible for your Property, including all content and materials, maintenance and operation of your Property, the proper implementation of Mozilla's specifications, the handling of queries from end users of your Property, and adherence to these TOS;
- all of the information provided by you to Mozilla to enroll in the Affiliate Program is correct and current;
- you are the owner of each Property or you are legally authorized to act on behalf of the owner of such Property for the purposes of these TOS and the Affiliate Program;
- you have complied and will continue to comply with all applicable laws, statutes, ordinances, and regulations in your performance of any acts hereunder and with respect to any content contained on your Property; and
- Mozilla may use your name and logo in presentations, in marketing materials related to the Affiliate Program, on the Mozilla Website, and on the Affiliate Program Website.
You also agree that you (and/or any third party acting on your behalf) shall not engage in any of the following Prohibited Uses:
- directly or indirectly generate queries or impressions of or clicks on any Referral Buttons through any automated, deceptive, fraudulent or other invalid means;
- edit, modify, filter, truncate or change the order of the information contained in any Referral Buttons, or remove, obscure or minimize any Referral Buttons in any way that is not in compliance with Mozilla's then current Trademark Policy and Visual Identity Guidelines;
- frame, minimize, remove or otherwise inhibit the full and complete display of any Web page accessed by an end user after clicking on any Referral Buttons;
- redirect an end user away from any Referral Page; provide a version of the Referral Page that is different from the page an end user would access by going directly to the Referral Page; intersperse any content between the Referral Button and the Referral Page; or otherwise provide anything other than a direct link from the Referral Button to the Referral Page;
- display any Referral Buttons on any Property that contains any hate-related, violent, sexually explicit, or illegal content;
- display on the same page where a Referral Button is displayed any advertisement(s) or content that an end user of your Property would reasonably confuse with a Mozilla advertisement or otherwise associate with Mozilla;
- "crawl", "spider", index or in any non-transitory manner store or cache information obtained from any Referral Events, or any part, copy, or derivative thereto;
- disseminate malware on any Property that contains Referral Buttons; and/or
- engage in any activity or practice on your Property that reflects poorly on Mozilla or otherwise disparages or devalues Mozilla’s reputation or goodwill.
You agree that any attempted participation or violation of any of the Prohibited Uses identified above is a material breach of these TOS and that we may pursue any and all applicable legal and equitable remedies against you, including an immediate suspension of your account or termination of these TOS, and the pursuit of all available civil or criminal remedies.
Mozilla’s Rights and Obligations Under These TOS
- Mozilla agrees to manage the Affiliate Program to protect the rights and property of Mozilla and others and to facilitate the proper functioning of the Affiliate Program.
- Mozilla may discontinue or change the Affiliate Program at its discretion without liability.
- Mozilla does not guarantee the Affiliate Program will be operable at all times or during any down time (i) caused by outages to any public Internet backbones, networks or servers, (ii) caused by any failures of your equipment, systems or local access services, or (iii) for previously scheduled maintenance.
- Mozilla shall not be obligated to provide notice to you in the event that Referral Buttons are not being displayed properly to end users of your Property.
Mozilla does not grant you any intellectual property rights through the Affiliate Program that are not specifically stated in these TOS. Other than specifically provided in these TOS (or other license from Mozilla to you), you do not have the right to use any of Mozilla’s copyrights, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features (“Brand Features”) unless you have Mozilla’s prior written consent.
You acknowledge that Mozilla owns all right, title and interest, including without limitation all intellectual property rights, in and to Mozilla's Brand Features, and that you will not acquire any right, title, or interest in or to the Brand Features. You will not remove, obscure, or alter the Brand Features or other proprietary rights notices affixed to or contained within any Mozilla services, software, or documentation (including without limitation the display of Mozilla’s Brand Features with Referral Buttons).
Updates to These TOS
Mozilla may update these TOS from time to time, for example to address a new feature of the Affiliate Program or to clarify a provision. The updated TOS will be posted on the website. Your continued participation in the Affiliate Program after the effective date of such changes constitutes your acceptance of such changes. To make your review more convenient, we will post an effective date at the top of this page. These TOS may not be modified or cancelled without Mozilla’s written agreement.
Disclaimer of Warranty
The Services are provided “as is” with all faults. To the extent permitted by law, Mozilla, its distributors, contributors, and licensors hereby disclaim all warranties, whether express or implied, including without limitation warranties that the Affiliate Program is free of defects, merchantable, fit for a particular purpose, and non-infringing. You bear the entire risk as to selecting the Affiliate Program for your purposes and as to the quality and performance of the Affiliate Program, This limitation will apply notwithstanding the failure of essential purpose of any remedy. Some jurisdictions do not allow the exclusion or limitation of implied warranties, so this disclaimer may not apply to you.
Limitation of Liability
Except as required by law, Mozilla, its distributors, contributors, and licensors, will not be liable for any indirect, special, incidental, consequential, or exemplary damages arising out of or in any way relating to this TOS or the use of or inability to use and participation in the Affiliate Program, including without limitation damages for loss of goodwill, work stoppage, lost profits, loss of data, and computer failure or malfunction, even if advised of the possibility of such damages and regardless of the theory (contract, tort, or otherwise) upon which such claim is based. The collective liability of Mozilla, its distributors, contributors, and licensors under these TOS will not exceed $500 (five hundred dollars). Some jurisdictions do not allow the exclusion or limitation of incidental, consequential, or special damages, so this exclusion and limitation may not apply to you.
Your Obligation to Indemnify
You agree to indemnify, defend and hold Mozilla, its agents, affiliates, parent, subsidiaries, directors, officers, employees, and applicable third parties (e.g., licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from your use of the Affiliate Program, the Property, and/or your breach of any term of these TOS.
These TOS constitute the entire agreement between you and Mozilla concerning the Affiliate Program. These TOS are governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed. If any portion of these terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect. In the event of a conflict between a translated version of these terms and the English language version, the English language version shall control.