Thank you for visiting the TamTech PTE Limited (hereinafter Topoffers) Affiliate Network website located at www.topoffers.com (the "Site"). TopOffers ("we", "us") is committed to protecting the privacy of your personally identifiable information. You must agree to this Privacy Policy, in its entirety, including our use of cookies, together with our Terms of Use, in order to access or otherwise use or view the Site. If you do not agree you should not access or otherwise use the Site.
Tamtech PTE Limited is the data controller for the purposes of data protection legislation, which governs our approach to privacy.
You may make a subject access request by contacting us through our support team. You can also contact us to update or amend any of your information to ensure it is accurate and up to date.
When you register for an Account (as defined in our Terms of Use) on our Site, we use a password-protected third party portal to store your personal information, and we may share your personal information with such third party ("Third Party Agent") as is necessary for us to fulfil our obligations to you and for you to make use of the Site.
We collect personally identifiable information when you register for an Account or otherwise choose to provide personally identifiable information to us. Personally identifiable information is any information that can be used to identify or locate a particular person or entity. This may include, but is not limited to: business entity name and/or your title with the applicable business entity, as well as your personal and/or business entity related e-mail address, mailing address, daytime and/or cellular telephone numbers, fax number, account information (or other information that we require in order to pay any amounts due to you via your Account) and/or any other information requested on the applicable registration form.
We may collect certain non-personally identifiable information about you when you visit certain pages of this Site and/or register for an Account, such as the type of browser you are using (e.g., Netscape, Internet Explorer), the type of operating system you are using, (e.g., Windows 8 or Mac OS) and the domain name of your Internet service provider (e.g., America Online, Earthlink), and share such information with our Third Party Agent. We use the non-personally identifiable information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage.
To enhance your experience with the Site, we use "cookies." You cannot access the Site without agreeing to accept the cookies that we use with the Site. Cookies are small packets of data stored on your computer. Cookies are used by your computer's browser to store your preferences. Cookies, by themselves, do not tell us your e-mail address or other personally identifiable information. We use cookies to understand Site usage and to improve the content and offerings on the Site. You may set your browser to warn you that cookies are in use, or to block the use of cookies. Most browsers are set to accept cookies. If your browser is not set to accept cookies, certain uses of the Site may require you to go to your browser user preferences to enable cookies. Each browser is different, so check the "Help" menu of your browser to learn how to change your cookie preferences. If you change computers, operating systems or browsers, or use multiple computers or browsers, you will need to repeat this process for each computer and each browser. To find out more about cookies, please visit www.aboutcookies.org.
We may additionally collect information using Web beacons, which are commonly referred to in the industry as web bugs, pixel tags or Clear GIFs. Web beacons are electronic images that may be used on the Site, in your Account, or in our emails to deliver cookies, count visits and determine if an email has been opened and acted upon.
We use your information: (a) to send you information regarding your Account (b) to send you offers, newsletters and promotional material relating to us and carefully selected third parties ;(c) to monitor your compliance with the Terms and Conditions and this Privacy Policy; and/or (d) for validation, suppression, content improvement and feedback purposes. You agree that we, or our Third Party Agent, may contact you at any time with updates and/or any other information that we may deem appropriate for you to receive in connection with your Account on TopOffers.
As a general rule, and other than in connection with the limited exceptions set forth below, we will not sell, share or rent your personally identifiable information to or with others. Notwithstanding the foregoing, we may, from time to time, provide such information to certain third-party administrative vendors for efficiency purposes in providing administrative or program management services in connection with your Account. Any third-party vendor so used has agreed to protect the confidentiality of information provided by us.
Further, we reserve the right to share your personally identifiable information: (a) where required by law, or requested by a court of competent jurisdiction; (b) in the event of any reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock; (c) where you are in violation of this Privacy Policy, and/or the Terms and Conditions; (d) in the case of a dispute; or (e) where we determine, in our sole discretion, that such disclosure is necessary to protect our rights and/or a third party, or necessary to protect us from liability of any kind. The aforementioned includes exchanging information with other companies and organizations for fraud protection.
We may transfer information that we collect about you and your end users, including personal information, to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. If you are located in the European Union or other regions with laws governing data collection and use that may differ from Singaporean law, please note that you are transferring information and permitting the transfer of information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You consent to the transfer of your information to other countries and the use and disclosure of information about you, including personal information, as described in this Privacy Policy.
Subject to any mandatory obligations to store/maintain/delete data, your information may be retained by us and in our Third Party Agent portal, server logs, databases and records for so long as we deem necessary.
The Site may contain links to third-party websites ("Third Party Websites"). Please be aware that we are not responsible for the privacy practices of Third Party Websites. We encourage you to be aware when you leave the Site and to read the privacy policies of each and every website that collects personally identifiable information. This Privacy Policy applies solely to information collected by the Site.
Your acceptance of the terms of this Privacy Policy, in their entirety, shall extend to your employees, if any. You agree that any of your employees that access your Account, or visit the Site under the scope of their employment with you agree to the terms of this Privacy Policy.
We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children. We will never knowingly collect any personal information about individuals under eighteen (18) years of age. If we obtain actual knowledge that it we have collected personal information about an individual under eighteen (18) years of age, that information will be immediately deleted from its database.
We endeavor to safeguard and protect our Account holders' information. When Account holders submit personally identifiable information to the Site , their personally identifiable information is protected both online and offline. When our registration process asks registrants to submit Sensitive Information (such as bank account information and/or credit card information), and when we transmit such Sensitive Information, that Sensitive Information is encrypted and protected with SSL encryption software. While we use SSL encryption to protect Sensitive Information online, we protect all other user information online and offline. The Third Party Agent servers that we utilize to store personally identifiable information in are kept in a secure physical environment. The Third Party Agent has security measures in place to protect the loss, misuse and alteration of personally identifiable information stored on its servers.
Please be advised that, although we take every reasonable precaution available to protect your data, no data transmission over the Internet can be guaranteed to be 100% secure. Therefore, we cannot warrant that your information will be absolutely secure. Any transmission of data at or through our Site is at your own risk. However, access to your personally identifiable information is strictly limited, and not accessible to the public. Only employees, and third party agents, that need the information to perform a specific job are granted access to personally identifiable information. Our employees are dedicated to ensuring the security and privacy of all user information. Employees not adhering to our written firm policies are subject to disciplinary action. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personally identifiable information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
You acknowledge that you provide your personally identifiable information to us with knowledgeable consent and at your own risk.
If you would like to delete or update the personally identifiable information that we have collected from you, simply email us at: affiliates@topoffers.com.
We will process your request, where possible and subject to the terms and conditions contained herein, within a reasonable period of time after receipt. To protect your privacy and security, we will take reasonable steps to help verify your identity before granting access or making corrections.
You may at any time choose to stop receiving promotional emails from Us by following the instructions at the end of each such email or by contacting us at affiliates@topoffers.com. Should you be contacted by our Third Party Agent through email, you can follow the instructions at the end of each such email to stop receiving such emails. There may be a short delay of up to several business days while your request is being verified, deployed and processed across our servers. Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your Account, as well as to respond to any inquiry or request made by you.
We reserve the right to change or update this Privacy Policy at any time by posting a clear and conspicuous notice on the Site explaining that we are changing our Privacy Policy. All Privacy Policy changes will take effect immediately upon their posting on the Site. Please check the Site periodically for any changes. Your continued use of the Site and/or acceptance of our e-mail communications following the posting of changes to this Privacy Policy will constitute your acceptance of any and all changes.
If you have any questions regarding this Privacy Policy, or would like more information on our privacy practices, please contact us at: affiliates@topoffers.com.
Copyright © TamTech PTE Limited, 2018
Affiliate Program – the program owned by a third party available to join as an affiliate via www.TopOffers.com
Tamtech PTE Limited – the owner of the TopOffers affiliate program
TopOffers – our web based platform used for affiliates and advertisers
Partners – third party owners or authorized operators of Program Web Sites
Program Web Sites - websites of our Partners featured and made available to you through TopOffers and the Affiliate Programs associated therein
This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between (1) Tamtech PTE Limited Affiliate Network ("we" or "Company" or "Us"), operator of TopOffers and (2) you, ("you" or "Affiliate") the person or party submitting an application to join TopOffers. The terms and conditions contained in this Agreement apply to your participation in the Affiliate Programs offered via TopOffers and your use of TopOffers. Each Affiliate Program is operated by a third party Partner, and links may be provided to particular websites of that Partner and their respective Affiliate Program on offer to you via TopOffers, together with additional terms and policies of such Partners which are expressly incorporated herein. By submitting an application to join TopOffers and/or accessing/using TopOffers, you expressly consent to all the terms and conditions of this Agreement.
(a) You must submit an application via TopOffers.com. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. You agree to update such information as and when required or requested, and you agree that your account is for your sole use and you shall not allow any other person or party to use your account, nor shall you make use of any other person or party`s account.
(b) If you are an individual and not a trading entity, in order to enroll and participate as an affiliate, you must be over eighteen (18) years of age and/or over the age of majority if residing and/or conducting business in states, provinces or countries where the age of majority is greater than eighteen (18) years of age.
(c) Your participation use of TopOffers is subject to our approval. We reserve the right to reject your application for any reason, including but not limited to the reason that we believe your traffic sources or promotional methods are unsuitable for the Affiliate Programs, or if we suspect you may breach this Agreement.
(d) If you are, or we believe you to be based in, or otherwise connected to any of the following countries, your application will be automatically rejected: Afghanistan, Albania, Armenia, Azerbaijan, Bangladesh, Bhutan, Costa Rica, Croatia, Cuba, Jordan, Kazakhstan, Korea, Kyrgyzstan, Republic Of Moldova, Mongolia, Pakistan, Syria, Tajikistan, Turkmenistan, Ukraine, United Arab Emirates, Uzbekistan (the "Prohibited Territories").
(e) As described fully in this Agreement below, we reserve the right to suspend or terminate your access to TopOffers, or any Affiliate Program therein, at any time for any reason.
(f) If your application is accepted, we will provide you with login details for your Affiliate Account. Upon first logging in to your Affiliate Account, you will change its password and ensure that all data contained in your Account is accurate and up to date.
(g) Once approved, we will make available to you the relevant Affiliate Program graphic and textual links to the Program Web Sites and/or other creative materials (collectively, the "Links") 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 (collectively, "Media"). The Links will serve to identify you as a member of an Affiliate Program and will establish a link from your Media to the Program Web Site.
In addition to any other warranties or representations made by you under this Agreement, by submitting an application, and by using your Affiliate Account you expressly warrant that:
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement:
(a) You have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media. You warrant that all materials posted on your Media or otherwise used in connection with any Affiliate 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 we or any Partner (acting through us or directly) informs you that it considers to be unacceptable, or damaging to the reputation of us, or any Partner acting in our sole discretion (collectively, "Prohibited Content").
(b) You will not make any representations, warranties or other statements concerning us, TopOffers, Partners, Program Websites or any of respective products or services offered by us or Partners, except as expressly authorized herein.
(c) Your Media does not copy or resemble the look and feel of TopOffers or any Program Web Site or create the impression that your Media is endorsed by us or any Partner, without prior written permission.
(d) You will comply with all (i) obligations, requirements and restrictions under this Agreement (ii) laws, rules and regulations as they relate to you performance of your obligations hereunder, your business, your participation in TopOffers and Affiliate Programs, your Media or your use of the Links (iii) the terms, conditions, guidelines and policies of any third party services used by you in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
(e) You will never place Program Web Site ads or Media on any online auction platform (i.e. eBay, Amazon, etc).
You will always prominently post and make available to end-users, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Affiliate Program and sharing such personally identifiable information to us and Partners for purposes of us delivering our obligations to end users.
(a) Advertising through the use of e-mail or links within e-mail is strictly prohibited. Tamtech PTE Limited reserves the right to immediately suspend and/or terminate your Account without further notice or pay if it is discovered that you (or someone acting on your behalf, directly or indirectly) has violated this rule. If you would like to promote any of Program Websites by e-mail please send a request to affiliates@topoffers.com. It is your responsibility to obtain a copy of Partners’Email policy guidelines (links to terms and policies of the Partners) before you start promoting any of their campaigns via email marketing. You may get a copy of our partners’ guidelines here. Any email marketing which is not previously approved by us, including spamming of any sort and violation of any of the applicable rules and regulations will result in an immediate ban from TopOffers and Program Websites without pay.
(b) For all approved email campaigns, you must download the "Suppression List" TopOffers. You undertake to filter your email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on your email list. We will provide an opt-out method in all Links, however, if any opt-out requests come directly to you, you shall immediately forward them to us at affiliates@topoffers.com. Any of your emails containing the Links may not include any content other than the Links, except as required by applicable law.
(c) You understand and accept that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program(s) and/or TopOffers, possible legal action and any other rights or remedies available to us or Partners pursuant to this Agreement or otherwise. You warrant that you will not mail or market to any suppression files generated through TopOffers, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program(s) and/or TopOffers, possible legal action and any other rights or remedies available to us or Partners pursuant to this Agreement or otherwise.
(a) No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise expressly agreed by Product owners through TopOffers. No chat traffic advertisements should be used by you during the campaigns. Any pop-ups/pop-unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by You shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-English end user license agreement and the software be easily removed according to generally accepted methods.
(b) In the event that any campaign contains a Cap (meaning a maximum payout per campaign, or maximum number of clicks/leads/sales accepted per campaign ), you confirm and agree that any and all actions exceeding this Cap will not qualify for payment to you. You are solely responsible for monitoring any Cap.
For all Affiliate's that maintain their own affiliate networks, You agree to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). You agree that it will expressly forbid any Third Party Affiliate to modify the Links in any way. You agree to maintain its Network according to the highest industry standards. You shall not permit any party to be a Third Party You whose web site or business model involves content containing Prohibited Content. All Third Party Affiliates must be in good standing with You. You must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. You shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, You shall promptly disclose to TopOffers the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future offers operated by TopOffers in the Network upon written notice from TopOffers. Unless TopOffers has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by TopOffers, You shall remain liable for all acts or omissions of any Third Party Affiliate.
You or any party acting on your behalf, directly or indirectly is strictly prohibited from using social networking sites including but not limited to Twitter, Facebook, Instagram and other social networks to promote any Program Web Sites. If it is suspected that any leads have been earned via such social channels, and a breach of this clause has been committed, You will not be paid for such leads.
(a) Desktop and tablet devices traffic is accepted only for web landing pages.
(b) Android and iOS devices (excluding tablets) traffic is accepted only for mobile landing pages.
(c) iPod touch, iPad and BlackBerry devices are prohibited for mobile landing pages. The list of unacceptable devices is updated on a regular basis and can be provided by an AM on your request. It is your responsibility to ensure that you check the latest guidelines and restrictions with your AM prior to launching a campaign.
(a) You must obtain approval from our affiliate managers prior to launching any private program.
(b) Active private campaigns should be paused within 48 hours (including weekends) upon AM request. The commissions for all leads received after that term will not be counted as due to be paid for.
C5.1 You must obtain approval from our affiliate managers prior to launching any private program.
C5.2 You must not re-launch any private program that has been paused for more than 5 calendar days, without affiliate manager's permission.
C5.3 Once you've got the Links from your AM you need to start the campaign within a week. If you have not started the campaign, within one-week term, such campaign is considered not valid and you need to confirm the Links and re-request a permission to launch traffic again.
Except as otherwise provided in this Agreement or with Our consent, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates 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 Affiliate 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. You shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
(a) Upon termination of your participation in one or more Offers provided by TopOffers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all TopOffers intellectual property, and will cease representing yourself as a TopOffers Affiliate Network for such one or more offers.
(b) All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination. However, if this Agreement is terminated by us because you have breached, threatened to breach, or we believe you are intending to breach this Agreement, you are not eligible to receive any Commissions, even if Commission had otherwise been properly due to you as at the date of termination.
We fully reserve all of our rights to suspend your account or terminate your account as provided herein for any reason, including but not limited to:
a) Our terms and conditions have been breached
b) Our Partners’ PPC Guidelines and Email Policy have not been properly followed
c) Your site has been using our partners’ brand name to promote a dating site that is not part of our portfolio
d) Your site is a free-hosted site
e) Your site only contains banners and very little content
f) Your site is still under construction
g) Your site is not available or is returning an error
h) Your site contains unacceptable or offensive material
i) You are operating an automatic re-direct from your site to one of our Partners’ domains
j) Your website(s) takes payments from customers for the provision of services or goods which are illegal in customer`s territory including but not limited to prostitution, weapons etc.
k) Your website(s) contains illegal photographic material or content.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. Company expressly prohibits using any hosting proxy/VPN or any other unacceptable tools and techniques by you or a third party related to you directly or indirectly and reserves the right to immediately decline and not to pay for all and any leads generated via hosting proxy/VPN or any other unacceptable tools and techniques used by you or third parties related to you directly or indirectly. TopOffers shall make all determinations about fraudulent activity in its sole discretion. Affiliate will not fraudulently add leads or clicks or inflate leads or clicks by fraudulent\scams traffic generation. Company has a right to decline and not to pay for leads generated via hosting proxy / VPN and other unacceptable tools and techniques, detected by TopOffers Internal Antifraud System. Any fraud, attempted or actual, shall be immediate grounds for us to terminate your account and withhold any and all sums outstanding to you.
You also agree that any of the following by you or any third party directly or indirectly controlled by you will cause all of your accounts to terminated without pay including but not limited to all of commissions owed to you by the Company, and will further result in you being precluded from ever participating in any of our Programs:
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, TopOffers represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to TopOffers's own business operations or Products provided by TopOffers.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each offer operated by TopOffers and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
O1 Affiliate hereby agrees to indemnify, defend and hold harmless TopOffers and Program Web Sites owners/operators and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, or the Links, or TopOffers or Partners’ intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
TOPOFFERS SERVICE, EACH AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, TOPOFFERS EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TOPOFFERS DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. TOPOFFERS EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. TOPOFFERS DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND OUR REASONABLE DIRECT CONTROL. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID BY US TO YOU IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
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