New offer launched: F-secure WW - ADM World Wide Affiliate Program

F-Secure offers award-winning internet security and privacy products. We keep tens of millions of customers safe online with over 30 years’ experience.
We recruit the best minds in the industry while keeping a relentless focus on growing the next generation of cyber security pros.
Our experts continually disrupt the industry. Their research-led approach, victories at hacking contests, and talks at conferences win respect around the globe.

• Founded in 1988
• Over 1700 employees
• Listed on NASDAQ OMX, Helsinki
• Offices in Europe, North America and Asia Pacific
• Revenue of €236 million and adjusted EBITDA of €36.5 million (15.4%) for 2021
• Corporate security revenue has increased year-on-year since 2015
• Over 100,000 corporate customers in corporate product business, more than 300 enterprises served through consulting and tens of millions of consumer customers protected through consumer security products

F-Secure | Internet Security & VPN terms

Advertiser Terms & Conditions

1. The Term “Advertiser” shall refer to F-Secure
2. Publishers cannot be in conflict with any Admitad Terms & Conditions.
3. Publishers must provide a website URL or concrete promotional method when signing up for the Advertiser Performance Marketing Program.
4. Publishers must present a professional appearance that aligns with Advertiser's brand image.
5. License to Use Materials. Advertiser grants to Publisher a nonexclusive, royalty-free, and worldwide license during the term of this Agreement only, to use and display the Materials solely for the purpose of marketing and promoting Client Products and performing Performance Marketing Services in compliance with the terms and conditions of this Agreement. Publisher acknowledges the exclusive ownership by Advertiser of the Materials and that use of the Materials will inure to the sole benefit of Advertiser and its affiliates. Publisher will not do or permit to be done any act or thing inconsistent with such ownership and will not acquire or claim, or assist third parties in acquiring or claiming, any title in or to any of the Materials, including by virtue of this Agreement or through Publisher’s use of the Materials. In addition, Publisher agrees that it will not directly or indirectly undertake any action that in any manner might question, contest, challenge, infringe or impair the validity, enforceability, scope of rights or title of Advertiser in any of the Materials at any time during the term of this Agreement and thereafter.
6. Advertiser as Third-Party Beneficiary. Publisher acknowledges and agrees that Advertiser is an intended third-party beneficiary of the cleverbridge Performance Marketing Publisher Terms (“Terms”) and is entitled to the rights and benefits of the Terms, and Advertiser may enforce the Terms vis-à-vis the Publisher only as if Advertiser were a party to the Terms.

Publishers cannot be in conflict with any Admitad Terms & Conditions.

Publishers must provide a website URL or concrete promotional method when signing up for Advertiser's Performance Marketing Program.

Publishers must present a professional appearance that aligns with Advertiser's brand image.

Search Campaign Rules

All types of Search Engine Marketing (SEM) activities from Publishers are explicitly forbidden for F-Secure’s Program, unless a previous written authorization has been granted.

Coupons and Promotional Codes

Publishers may only use coupons and promotional codes that are provided exclusively through the Performance Marketing Program or have been sent to them.

Discount values advertised must not exceed discount values presented by Advertiser

Non-commissionable Items

Publishers may only promote products that are part of their commission settings. Any products promoted outside of this will not be credited for.

Backup discs and other physical fulfillments are not commissionable

Violation of Terms

If a publisher is responsible for any fraudulent activities, they will be rejected from the program

A publisher will be rejected from the program if found promoting:

• Illegal activity
• Pirated software
• Pornography
• Gambling

CLEVERBRIDGE PERFORMANCE MARKETING PUBLISHER TERMS

THESE CLEVERBRIDGE PERFORMANCE MARKETING PUBLISHER TERMS (the “Terms”) of CLEVERBRIDGE AG, with its principal place of business at Gereonstrasse 43-65, 50670 Cologne, Germany (“cleverbridge”) shall govern the use of the Performance Marketing Platform by you (“Publisher”).

RECITALS

WHEREAS, cleverbridge operates a Performance Marketing Platform that allows Clients to offer Publishers incentives for marketing Client Products; and

WHEREAS, Publisher desires to use the Performance Marketing Platform and to market Client Products; and

WHEREAS, Publisher acknowledges that the conditions of such marketing will be agreed upon separately between Client and Publisher;

NOW, THEREFORE, for good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows:

AGREEMENT

1.           Definitions.

The following capitalized terms will have the meanings ascribed to them below.

1.1         “cleverbridge Performance Marketing Program”

means the activities of cleverbridge with regards to the procurement and facilitation of Performance Marketing Services.

1.2         “Client”

means the supplier of products or services that the Publisher wishes to promote through the use of Links.

1.3         “Client Product”

means any product manufactured by or service provided by Client.

1.4         “Confidential Information”

means the terms of this Agreement and all documentation and information, including techniques, algorithms, and processes, and technical, business, and marketing information, whether designated or marked as “proprietary” or “confidential” or that Publisher should reasonably consider to be confidential.

1.5         “Data Breach”

means any serious interruption of operations, suspicion of breaches of (personal) data protection, or unintentional release of (personal) data to an untrusted or unauthorized environment, including by Publisher’s employees, Publishers, agents or any third parties, or any other irregularity in processing personal data or any other circumstances under which Publisher is required to provide a notification under applicable law.

1.6         “Event”

means any action by a User as defined under the Publishing Conditions.

1.7         “Identifiable Natural Person”

means a person who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person, or User behavior (including previous history and interests recorded by cookie).

1.8         “Link”

means the link supplied to Publisher in the PMP for inclusion on Publisher's site, which when clicked on by a User, identifies (1) that the User has been referred by Publisher; and (2) that Publisher participate in the cleverbridge Performance Marketing Program.

1.9         “Materials”

means any graphical images, hypertext links, intellectual property or other materials provided by Client to Publisher for the purpose of performing Performance Marketing Services.

1.10        “Performance Marketing Platform” or “PMP”

means the portal provided by cleverbridge that Publisher can access to identify and interact with Clients and to manage data related to Performance Marketing Services.

1.11       “Performance Marketing Services”

means any online marketing and promotion activities for Client Products using technical means, including Links, provided through the PMP.

1.12       “PMP Account”

means the account of Publisher in the PMP that can be used to manage Publish

1.13       “Publishing Agreement”

means the legally binding agreement between Client and Publisher with regards to Publishing Conditions and Performance Marketing Services.

1.14       “Publisher Commission”

means the commission to be paid by Client to Publishers for each Event

1.15       “Publishing Conditions”

means any condition set by Client in the PMP for a Publisher for the Provision of Performance Marketing Services, including but not limited to Events, Materials, Publisher Commission, and payout schedule for Publisher Commission

1.16       “User”

means an individual consumer who purchases, applies for, enquires about or otherwise takes action in respect of Advertiser's products and services.

1.17       “User Information”

means any information relating to an identified or Identifiable Natural Person who is a User.

2.           The cleverbridge Performance Marketing Program

2.1         Account Application and Approval.

After sign-up to the Performance Marketing Program, participation in the Performance Marketing Program is subject to acceptance by cleverbridge. Client may, in its sole discretion, approve or reject any signed-up Publisher for no reason or any reason, including if cleverbridge considers, in its sole discretion. If Publisher has been rejected, cancelled or terminated from the cleverbridge Performance Marketing Program subsequent to application for admission and/or admission to the cleverbridge Performance Marketing Program, any future application for admission will be rejected.

2.2         Use of PMP Account, Username and Password.

Publisher will not disclose any individual PMP account information, including passwords, to any third party. Publisher is solely responsible for the loss, theft, or unauthorized disclosure of its individual account information, including usernames or passwords. Publisher shall immediately notify cleverbridge in writing of any known or suspected loss, theft, or unauthorized disclosure of any of its individual account information.

2.3         Grant of Rights.

Publisher grants to cleverbridge a non-exclusive, royalty-free, and worldwide license to use the Publisher’s name, branding and/or logos for the purpose of promoting the Publisher to Clients and advertising the cleverbridge Performance Marketing Program.

2.4         Correct Information.

Publisher represents and warrants that all information it provides to cleverbridge or a Client, including all information in any application to cleverbridge or a Client, Publisher’s physical address, Publisher’s VAT ID or TIN, and any other information inputted or updated in the cleverbridge Publisher Center, is true and correct information. Publisher will update all such information in the cleverbridge Publisher Center immediately if the information changes or Publisher discovers an error. cleverbridge may suspend or terminate Publisher’s account without notice if it determines, in its sole discretion, that Publisher has provided incomplete or inaccurate information.

2.5         No Physical Presence in Certain States of the USA

Publisher represents and warrants that it does not have and will not maintain or create a physical presence in the following States of the United States: Connecticut and Pennsylvania. cleverbridge may add additional states to this list and terminate this agreement if Publisher has a physical presence in such state.

2.6         Non-Solicitation.

During the term of this Agreement, the Publisher will not enter into any direct or indirect agreement with any Client which concerns the referral of (potential) Users and/or would in any manner circumvent, avoid or compete with the cleverbridge Performance Marketing Program or initiate or further such a (third party) practice in any way.

3.           Obligations of cleverbridge

3.1         Operation of PMP.

cleverbridge will provide Publisher access to and maintain the Performance Marketing Platform to facilitate Publishing Agreements and their execution. As part of the PMP, cleverbridge provides a tracking tool for the purpose of tracking Events that is the only tool used by Client, Publisher and cleverbridge to track User Information related to the performance of the cleverbridge Performance Marketing Program. No other trackings of User Information shall be allowed or accepted within the cleverbridge Performance Marketing Program.

3.2         Disputes between Publisher and Client.

Any dispute between Publisher and a Client will be addressed and resolved by the Publisher and the Client. cleverbridge may at its sole discretion, but is not required to, mediate or assist in the resolution of any such dispute.

4.           Client-Publisher Relationship

4.1         Application for and Acceptance by Client

Within the PMP, Publisher will apply separately for each Client whose Client Products the Publisher wishes to promote. Client may, in its sole discretion, approve or reject any application. Clients are entitled to withdraw the approval at any time in its sole discretion for any reasons.

4.2         Performance Marketing Services.

Upon approval of the application by Client(s), the Publisher may promote Client Products for those Clients only in accordance with the terms of this Agreement and any Publishing Agreements.

4.3         Publishing Agreements.

Publisher acknowledges that by performing Performance Marketing Services for a Client, Publisher accepts the Publishing Conditions set by that Client and enters into a binding legal Publishing Agreements with Client . cleverbridge is not a party to any such agreement between Clients and Publishers and is under no circumstances responsible for any action of Client or Publisher that leads to the conclusion or termination of such an agreement, or any act or omission of Client or Publisher under such an agreement.

4.4         Materials and Intellectual Property Rights.

Client is solely responsible for providing Materials to Publisher. cleverbridge will not be liable for any infringement of third party rights through Materials. Publisher will respect and not infringe any and each of Client’s intellectual property rights.

5.           PMP Usage and Performance Marketing Services

Publisher will only use the PMP Account in full compliance with this Agreement. Publisher will be responsible for all usage and activity on the PMP Account and in relation to these Performance Marketing Publisher Terms.

5.1         Means of Promotion

Publisher may only use Links for the promotion Client Products that have been explicitly provided by Client for this purpose.

5.2         Publisher Content and Intellectual Property

(a)         Publisher is responsible for the development, display, operation, and maintenance of any content shown together or made available with or otherwise associated with Client Products or Links, including website content, designs, videos, citations, images, fonts, styles, visual effects, or information, when that content in any way originates from Publisher or any third party, and that such content will conform to all applicable laws, regulations, and best industry practices at all times.

(b)         Publisher will only use intellectual property in any way associated with Client Products or the Links if and to the extent it has all necessary third party rights and consents required for such use. Publisher will in no way directly or indirectly, infringe any intellectual property rights, including patents, copyrights, name, trademarks, service marks, trade dress, trade names, web designs, logos and other designation of origin, of the Client, cleverbridge, or any third parties. Publisher represents and warrants that no claim of infringement of any intellectual property right has been threatened or asserted, and that no such claim is pending or threatened against Publisher, Publisher’s Publishers, or against any entity or person from which Publisher obtained third party intellectual property rights. Publisher may not copy any icons, buttons, banners, graphics files, or content contained in the Link, including removing or altering any copyright or trademark notices, except as agreed by Client.

5.3         Prohibited Means of Promotion

Publisher will not perform Performance Marketing Services

(a)         on websites that promote (a) material with explicit sexual content, violence; (b) race, sex, gender, religion, nationality, physical disability, sexual orientation and/or age discrimination; (c) illegal activities; or contains (d) materials infringing or supporting third parties to infringe intellectual property or any other applicable laws; (e) the term “cleverbridge” or the Client’s or Client Product’s name or derivations thereof; (f) typing errors in the domain name used by Publisher; or (g) is in any way illegal, damaging, libelous, obscene, and/or aggressive;

(b)         by placing Links in newsgroups, on message boards, banner networks, e-counters, chatrooms, guestbooks, internet relay chat channels, or through any similar Internet resources or locations.

(c)         by using pop-ups, pop-unders, exit pages, or any other techniques covertly leading or guiding Users to trigger Events, unless explicitly approved by cleverbridge in writing prior to usage.

(d)         by using unsolicited email or include Links in unsolicited email.

5.4         Misrepresentations and Deceptive Practices.

Publisher may not promote Client Products in a manner that intentionally or unintentionally misleads Users, conveys information that is contrary to fact, or that provides information not in compliance with all applicable laws and this Agreement. Publisher may not promote Client Products through scare-ware or any other misleading sales tactics. Publisher will not identify or describe itself as an authorized dealer, agent, sales representative, or in any other way imply an association with cleverbridge that is inaccurate in any way. Publisher will make no claims, representations, or warranties, express or implied, on behalf of cleverbridge, to prospective or actual Users or others.

5.5         Malicious or Hidden Code.

Publisher will not in any way, directly or indirectly, utilize any link implementation or engage in other activities which may include any computer “virus,” back door, fire bomb, trojan horses, worm, or any other similar harmful, malicious, or hidden programs, code, or data.

5.6         Artificial Traffic and other Prohibited Actions.

(a)         Publisher may not generate or contribute to the generation of artificial traffic to or through the Links or any Client website by any means, including by using any device, program, robot, bot, inline frames, hidden frames,or redirect.

(b)         Publisher may not use, unless generated in the PMP or otherwise provided by cleverbridge:

(i)     automatic redirection to a Link’s target or

(ii)   any automatic method for saving or use of any cookies or tracking.

(c)         Publisher may not advertise Client Products employing cookie stuffing techniques, including pop-ups, frames, images, JavaScript, stylesheets, or any type of technology which attempts to intercept traffic to or from any other website.

(d)         Publisher may not replace, intercept, interfere with, hinder, disrupt, or otherwise alter the access, viewing, or usage of the Client’s website or any other site associated with the Links.

(e)         Publisher may not use outbound, inbound, solicited, or unsolicited calling techniques to promote or sell Client Products.

5.7         Restricted and Embargoed Countries.

Exports and re-exports of the Client Products may be subject to certain export control laws, rules, and regulations (collectively, “Export Regulations”), including Export Regulations of the European Union (EU) and the United States of America. Publisher will comply with all applicable Export Regulations at all times. Publisher represents and warrants that Publisher is not situated in a country that is subject to such Export Regulations and that Publisher is not subject to such Export Regulations.

5.8         Data Privacy.

(a)         Publisher will not act in any manner that would violate cleverbridge’s privacy policy, available at: https://www.cleverbridge.com/?scope=opprivacy. Publisher acknowledges and accepts the policies and practices of cleverbridge outlined in such privacy policy with respect to information regarding Publisher.

(b)         Publisher will adhere at all times to the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, GDPR), the Directive on Privacy and Electronic Communications 2002/58/EC, (from its entry into force) the Regulation of the European Parliament and of the Council concerning the respect for private life and the protection of personal data in electronic communications and repealing Directive 2002/58/EC (Regulation on Privacy and Electronic Communications), the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003, the Federal Trade Commission’s Telemarketing Sales Rules, the Canadian Anti-Spam law, and to all other laws and regulations applicable in the jurisdictions in which Users reside.

5.9         Data Breach

(a)         Publisher shall immediately inform and notify cleverbridge in case of a Data Breach.

(b)         Publisher shall promptly investigate any Data Breach and take any and all effective measures to identify its root cause(s) and prevent any (partial) recurrence of such Data Breach. As information is collected or otherwise becomes available, unless prohibited by applicable law, Publisher will provide cleverbridge with a description of the Data Breach, the type of data that has been or may be subject to the Data Breach, and any and all other information cleverbridge may reasonably request concerning the affected persons, including Users or other third parties.

5.10       Compliance with Laws.

Publisher will comply at all times with all applicable laws, regulations, rules, directives, and best industry accepted standards and practices.

6.           Publisher Payments.

Payments to Publisher will be made as agreed upon in the Publishing Agreements and in the Admitad Terms and Conditions, as applicable.

7.           Confidentiality.

7.1         Confidential Information.

Publisher acknowledges that, as a result of this Agreement, it may gain access to certain Confidential Information of cleverbridge or Client.

7.2         Protection of Confidential Information.

During the term of this Agreement and for a period of five (5) years thereafter, Publisher agrees (a) to hold any cleverbridge or Client Confidential Information in strict confidence, using the same degree of (but no less than reasonable) care and protection that it exercises with its own information of a similar nature; (b) not to directly or indirectly disclose or otherwise make available any cleverbridge or Client Confidential Information to a third party; and (c) not to copy or use cleverbridge or Client Confidential Information for any purpose other than as necessary to fulfill Publisher’s obligations or exercise its rights under this Agreement. Publisher will disclose Confidential Information only to its employees with a need to know such information in order to fulfill Publisher’s obligations hereunder and who have been informed of and have agreed to abide by the provisions of this section. In addition, Publisher is permitted to disclose cleverbridge or Client Confidential Information to the extent that such disclosure is approved in writing by the affected party, or is required by law or order of a court or similar judicial or administrative body, provided that the Publisher notifies the affected party of such required disclosure promptly and in writing and cooperates with the affected party in any lawful action to contest or limit the scope of such required disclosure.

7.3         Exclusions.

The obligations of this Section 7 will not apply to Confidential Information if such information: (a) is publicly available prior to or at the time of disclosure, or becomes publicly available through no improper act of the Publisher or any third party; or (b) was, prior to disclosure, rightfully known to the Publisher (other than in connection with this Agreement) without any confidentiality restriction.

8.           Limitations on cleverbridge’s Liability.

8.1         No Service Warranty.

cleverbridge does not warrant or guarantee the performance or availability of the Performance Marketing Platform, the Links, Any Client websites, or any related links or linked websites.

8.2         Types and Amount of Damages.

In no event shall cleverbridge be liable to Publisher for indirect, incidental, special, or other consequential damages, including without limitation damages for loss of profits, data, or use, incurred by Publisher or any third party, arising out of or related to this Agreement, whether in an action in contract, tort, or otherwise, even if cleverbridge has been advised of the possibility of such damages. cleverbridge shall not be liable for any costs or damages incurred by the Publisher or any other party arising out of this Agreement unless caused directly by the gross negligence or intentional misconduct of cleverbridge in fulfilling its obligations hereunder. Any obligation or liability of cleverbridge shall be limited to an amount equal to the aggregate Publisher Payments actually received by Publisher in the three months’ period preceding the event giving rise to liability. This limitation is cumulative and shall not be increased by the existence of more than one incident or claim.

8.3         Client and Client Products.

cleverbridge shall not be liable to Publisher for the actions or omissions of Clients Or Client Products and makes no representations or warranties as to features or the performance of Client Products or the performance, or lack thereof, of any duties or obligations of Clients. In particular, cleverbridge shall not be liable for any losses or damages incurred by the Publisher, any contractual obligations or liabilities (if any) created by an agreement or dealings between Publisher and Client, or any payment obligations arising out of a Publishing Agreement.

8.4         Basis of the Bargain.

The parties agree that the limitations of liability set forth in this Section shall survive and continue in full force and effect despite any failure of consideration or of any exclusive remedy. The parties acknowledge that the terms of this Agreement have been determined, and the Agreement entered into, in reliance upon these limitations of liability and that all such limitations form an essential basis of the bargain between the parties.

9.           Indemnification.

Publisher will indemnify, defend, and hold harmless cleverbridge and its Publishers, directors, officers, employees, agents, Clients, and Users from any and all claims, losses, liabilities, damages, costs and expenses, including attorney’s fees, expert witness fees, and dispute resolution costs, directly or indirectly arising from or relating to any actual or alleged (a) breach of or inaccuracy in any representations or warranties made in this Agreement, (b) breach of this Agreement, or (c) breach of or inaccuracy in any representations or warranties made by Publisher in any Publishing Agreement between Client and Publisher

10.         Suspension, Termination, and Amendments.

10.1       Suspension.

cleverbridge reserves the right to suspend a Publisher’s account at any time in order to investigate an alleged violation of this Agreement. Publisher acknowledges and agrees that during any suspension, (a) Publisher will cease use of Links, (b) Publisher will not earn payments, and (c) payments to Publisher will not be made.

10.2       Termination for Convenience.

The parties may terminate this Agreement at any time for any or no reason with immediate effect by giving the other party notice.

10.3       Effect of Termination.

Upon termination of this Agreement, The Publisher must immediately stop using the Performance Marketing Platform and remove any Links in its direct or indirect control. Publisher will not earn Commissions or receive payments after termination of this Agreement. Sections 2.1, 3.2, 4.3, 4.4, 5.2, 7, 8, 9, 11, shall survive termination of this Agreement.

10.4       Amendments.

cleverbridge reserves the right to amend this Agreement or the Performance Marketing Program at any time. Publisher will be given notice of any modification or change of this Agreement. If Publisher does not agree to such modifications or changes, Publisher must terminate this Agreement and cease using the Performance Marketing Platform and any and all Links immediately. Publisher’s continued participation in the cleverbridge Performance Marketing Program in any way, including use of the Performance Marketing Platform or any of the Links will constitute Publisher’s acceptance of the modifications to the Agreement.

11.         General.

11.1       Notice.

(a)         Notice to cleverbridge.

Any notice, approval, authorization, consent, or other communication required to be delivered to cleverbridge under this Agreement must be in writing and will be deemed properly delivered and given on receipt (or when delivery is refused) if delivered (a) by hand, or (b) by courier or express delivery service, or (c) by postage prepaid first-class mail to the address set forth below:

cleverbridge AG

Gereonstrasse 43-65

50670 Cologne, Germany

Attention: Legal

(b)         Notice to Publisher.

Any notice, approval, authorization, consent, or other communication required to be delivered to Publisher will be deemed properly delivered either (a) immediately upon sending an email to the email address provided by Publisher in the cleverbridge Publisher Center, or (b) fourteen (14) days after being posted in the cleverbridge Publisher Center.

11.2       Governing Law and Venue.

This Agreement and any action related thereto will be construed in accordance with and governed in all respects by the laws of Germany without regard to any conflicts of law principles that would result in the application of laws of any other jurisdiction. Publisher expressly agrees to submit to the exclusive personal jurisdiction, and that the exclusive venue for disputes related to this Agreement shall be the state and federal courts of Cook County, Illinois. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement.

11.3       Assignment.

Publisher may not assign or transfer any rights under this Agreement or delegate any obligations or duties under this Agreement without cleverbridge’s prior written consent. Any attempted assignment or delegation without such consent will be null and void.

11.4       Severability.

If any provision of this Agreement is unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

11.5       Independent Contractors.

This Agreement does not establish any partnership, joint venture, employment, or other relationship between the parties, except that of independent contractors.

11.6       Construction.

The section headings in this Agreement are for convenience of reference only, will not be deemed to be a part of this Agreement, and will not be referred to in connection with the construction or interpretation of this Agreement. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of this Agreement.

11.7       Waiver.

cleverbridge’s failure to exercise or delay in exercising any right, power or privilege under this Agreement shall not operate as a waiver; nor shall any single, continued or partial exercise of any right, power or privilege under this Agreement preclude any other or further exercise thereof.

11.8       Force Majeure.

If a Party’s inability to perform this Agreement, or any obligation hereunder, is the result of an Act of God (fire, flood, epidemic, or earthquake); war or act of terrorism, including chemical or biological warfare; governmental acts, orders, or restrictions; or any other reason where failure to perform is beyond the reasonable control, and is not caused by the negligence, intentional conduct, or misconduct of the defaulting party, and the defaulting party has exercised all reasonable efforts to avoid or remedy such force majeure, then the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference.

11.9       Entire Agreement.

This Agreement contains the entire understanding of the parties relating to the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, and understandings between the parties (whether written or oral) relating to the subject matter hereof. Between and in relation to the parties to this Agreement, it supersedes and prevails, if any of its contents or provisions conflict with any agreement between Publisher and Client or any other third party.