Universal Terms and Conditions
The Terms and Conditions were last updated on August 10, 2024
1. Introduction
These Terms and conditions apply to this website and to the transactions related to our products and services. You may be bound by additional contracts related to your relationship with us or any products or services that you receive from us. If any provisions of the additional contracts conflict with any provisions of these Terms, the provisions of these additional contracts will control and prevail.
2. Binding
By registering with, accessing, or otherwise using this website, you hereby agree to be bound by these Terms and conditions set forth below. The mere use of this website implies the knowledge and acceptance of these Terms and conditions. In some particular cases, we can also ask you to explicitly agree.
3. Electronic communication
By using this website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on our website or by sending an email to you, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.
4. Intellectual property
We or our licensors own and control all of the copyright and other intellectual property rights in the website and the data, information, and other resources displayed by or accessible within the website.
4.1 All the rights are reserved
Unless specific content dictates otherwise, you are not granted a license or any other right under Copyright, Trademark, Patent, or other Intellectual Property Rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetize, sell, market, or commercialize any resources on this website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).
5. Newsletter
Notwithstanding the foregoing, you may forward our newsletter in the electronic form to others who may be interested in visiting our website.
6. Third-party property
Our website may include hyperlinks or other references to other party’s websites. We do not monitor or review the content of other party’s websites which are linked to from this website. Products or services offered by other websites shall be subject to the applicable Terms and Conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us.
We will not be responsible for any privacy practices or content of these sites. You bear all risks associated with the use of these websites and any related third-party services. We will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
7. Responsible use
By visiting our website, you agree to use it only for the purposes intended and as permitted by these Terms, any additional contracts with us, and applicable laws, regulations, and generally accepted online practices and industry guidelines. You must not use our website or services to use, publish or distribute any material which consists of (or is linked to) malicious computer software; use data collected from our website for any direct marketing activity, or conduct any systematic or automated data collection activities on or in relation to our website.
Engaging in any activity that causes, or may cause, damage to the website or that interferes with the performance, availability, or accessibility of the website is strictly prohibited.
8. Registration
You may register for an account with our website. During this process, you may be required to choose a password. You are responsible for maintaining the confidentiality of passwords and account information and agree not to share your passwords, account information, or secured access to our website or services with any other person. You must not allow any other person to use your account to access the website because you are responsible for all activities that occur through the use of your passwords or accounts. You must notify us immediately if you become aware of any disclosure of your password.
After account termination, you will not attempt to register a new account without our permission.
9. Content posted by you
We may provide various open communication tools on our website, such as blog comments, blog posts, forums, message boards, ratings and reviews, and various social media services. It might not be feasible for us to screen or monitor all content that you or others may share or submit on or through our website. However, we reserve the right to review the content and to monitor all use of and activity on our website, and remove or reject any content in our sole discretion. By posting information or otherwise using any open communication tools as mentioned, you agree that your content will comply with these Terms and Conditions and must not be illegal or unlawful or infringe any person’s legal rights.
10. Idea submission
Do not submit any ideas, inventions, works of authorship, or other information that can be considered your own intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us absent such written agreement, you grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.
11. Termination of use
We may, in our sole discretion, at any time modify or discontinue access to, temporarily or permanently, the website or any Service thereon. You agree that we will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to, or use of, the website or any content that you may have shared on the website. You will not be entitled to any compensation or other payment, even if certain features, settings, and/or any Content you have contributed or have come to rely on, are permanently lost. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
12. Warranties and liability
Nothing in this section will limit or exclude any warranty implied by law that it would be unlawful to limit or to exclude. This website and all content on the website are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We expressly disclaim all warranties of any kind, whether express or implied, as to the availability, accuracy, or completeness of the Content. We make no warranty that:
- this website or our content will meet your requirements;
- this website will be available on an uninterrupted, timely, secure, or error-free basis.
Nothing on this website constitutes or is meant to constitute, legal, financial or medical advice of any kind. If you require advice you should consult an appropriate professional.
The following provisions of this section will apply to the maximum extent permitted by applicable law and will not limit or exclude our liability in respect of any matter which it would be unlawful or illegal for us to limit or to exclude our liability. In no event will we be liable for any direct or indirect damages (including any damages for loss of profits or revenue, loss or corruption of data, software or database, or loss of or harm to property or data) incurred by you or any third party, arising from your access to, or use of, our website.
Except to the extent any additional contract expressly states otherwise, our maximum liability to you for all damages arising out of or related to the website or any products and services marketed or sold through the website, regardless of the form of legal action that imposes liability (whether in contract, equity, negligence, intended conduct, tort or otherwise) will be limited to $1000. Such limit will apply in the aggregate to all of your claims, actions and causes of action of every kind and nature.
13. Privacy
To access our website and/or services, you may be required to provide certain information about yourself as part of the registration process. You agree that any information you provide will always be accurate, correct, and up to date.
We have developed a policy to address any privacy concerns you may have. For more information, please see our Privacy Statement and our Cookie Policy.
14. Export restrictions / Legal compliance
Access to the website from territories or countries where the Content or purchase of the products or Services sold on the website is illegal is prohibited. You may not use this website in violation of export laws and regulations of Hong Kong.
15. Affiliate marketing
Through this Website we may engage in affiliate marketing whereby we receive a percentage of or a commission on the sale of services or products on or through this website. We may also accept sponsorships or other forms of advertising compensation from businesses. This disclosure is intended to comply with legal requirements on marketing and advertising which may apply, such as the US Federal Trade Commission Rules.
16. Assignment
You may not assign, transfer or sub-contract any of your rights and/or obligations under these Terms and conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this Section will be null and void.
17. Breaches of these Terms and conditions
Without prejudice to our other rights under these Terms and Conditions, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate to deal with the breach, including temporarily or permanently suspending your access to the website, contacting your internet service provider to request that they block your access to the website, and/or commence legal action against you.
18. Force majeure
Except for obligations to pay money hereunder, no delay, failure or omission by either party to carry out or observe any of its obligations hereunder will be deemed to be a breach of these Terms and conditions if and for as long as such delay, failure or omission arises from any cause beyond the reasonable control of that party.
19. Indemnification
You agree to indemnify, defend and hold us harmless, from and against any and all claims, liabilities, damages, losses and expenses, relating to your violation of these Terms and conditions, and applicable laws, including intellectual property rights and privacy rights. You will promptly reimburse us for our damages, losses, costs and expenses relating to or arising out of such claims.
20. Waiver
Failure to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision.
21. Language
These Terms and Conditions will be interpreted and construed exclusively in English. All notices and correspondence will be written exclusively in that language.
22. Entire agreement
These Terms and Conditions, together with our privacy statement and cookie policy, constitute the entire agreement between you and ArkRevenue in relation to your use of this website.
23. Updating of these Terms and conditions
We may update these Terms and Conditions from time to time. It is your obligation to periodically check these Terms and Conditions for changes or updates. The date provided at the beginning of these Terms and Conditions is the latest revision date. Changes to these Terms and Conditions will become effective upon such changes being posted to this website. Your continued use of this website following the posting of changes or updates will be considered notice of your acceptance to abide by and be bound by these Terms and Conditions.
24. Choice of Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of Hong Kong. Any disputes relating to these Terms and Conditions shall be subject to the jurisdiction of the courts of Hong Kong. If any part or provision of these Terms and Conditions is found by a court or other authority to be invalid and/or unenforceable under applicable law, such part or provision will be modified, deleted and/or enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions. The other provisions will not be affected.
25. Contact information
This website is owned and operated by ArkRevenue.
You may contact us regarding these Terms and Conditions by writing or emailing us at the following address: hello@arkrevenue.com
70 Queen’s Road, Central, Hong Kong, 999077
26. Download
You can also download our Terms and Conditions as a PDF.
Affiliate and Advertiser Terms and Conditions
1. Introduction
1.1. These Terms and Conditions (“Agreement”) govern the relationship between ArkRevenue (“Network”), the Affiliates, and the Advertisers using the Network’s platform.
1.2. By accessing or using the services provided by the Network, all parties agree to be bound by these terms. If any party disagrees with any part of the terms, they may not access the service.
2. Definitions
2.1. “Affiliate” refers to any individual or entity that promotes Advertisers’ products or services through the Network.
2.2. “Advertiser” refers to any individual or entity that offers products or services for promotion through the Network.
2.3. “Commission” refers to the agreed-upon payment for successful conversions or actions.
3. Network Responsibilities
3.1. The Network will provide a platform for Affiliates and Advertisers to connect and conduct business.
3.2. The Network will facilitate commission payments from Advertisers to Affiliates, subject to the terms outlined in this Agreement.
3.3. The Network reserves the right to modify, suspend, or terminate any account or service at its sole discretion.
4. Affiliate Responsibilities
4.1. Affiliates must comply with all applicable laws, regulations, and industry standards in their promotional activities.
4.2. Affiliates are prohibited from engaging in any fraudulent, deceptive, or manipulative practices, including but not limited to: a) Click fraud b) Cookie stuffing c) Typosquatting d) Unauthorized use of trademarks or copyrighted material e) Spamming f) Misrepresentation of products or services
4.3. Affiliates must accurately disclose their relationship with Advertisers and the Network in accordance with applicable laws and regulations.
4.4. Affiliates are solely responsible for the content, maintenance, and operation of their websites or promotional channels.
5. Advertiser Responsibilities
5.1. Advertisers must provide accurate and up-to-date information about their products or services.
5.2. Advertisers are responsible for ensuring their products, services, and promotional materials comply with all applicable laws and regulations.
5.3. Advertisers must honor all valid conversions and pay associated commissions in a timely manner.
5.4. Advertisers must implement and maintain accurate tracking mechanisms as specified by the Network.
6. Commission and Payments
6.1. Commission rates are set by Advertisers and may be changed without notice to the Network and Affiliates.
6.2. The Network will facilitate commission payments from Advertisers to Affiliates, less any applicable fees.
6.3. The Network reserves the right to withhold payments in cases of suspected fraud or violation of this Agreement.
6.4. The Network is not responsible for any tax liabilities incurred by Affiliates or Advertisers. All parties are responsible for their own tax obligations.
7. Intellectual Property
7.1. All parties retain their respective intellectual property rights.
7.2. Affiliates and Advertisers grant the Network a non-exclusive, worldwide license to use their trademarks and materials for the purpose of operating the affiliate program.
8. Privacy and Data Protection
8.1. All parties must comply with applicable data protection laws and regulations.
8.2. The Network’s Privacy Policy, available at https://arkrevenue.com/privacy-policy, is incorporated into this Agreement by reference.
9. Limitation of Liability
9.1. The Network provides its services on an “as is” and “as available” basis, without any warranties of any kind.
9.2. The Network shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangibles.
9.3. The Network’s total liability under this Agreement shall not exceed the amount of fees paid by the Affiliate or Advertiser in the six months preceding the claim.
10. Indemnification
10.1. Affiliates and Advertisers agree to indemnify, defend, and hold harmless the Network from any claims, damages, or expenses arising from their use of the services or violation of this Agreement.
11. Termination
11.1. Any party may terminate this Agreement with 30 days’ written notice.
11.2. The Network reserves the right to immediately terminate or suspend any account for violation of this Agreement or suspected fraudulent activity.
11.3. Upon termination, Affiliates and Advertisers must cease using all Network materials and remove any Network-provided links or code from their websites.
12. Governing Law and Jurisdiction
12.1. This Agreement shall be governed by and construed in accordance with the laws of Hong Kong.
12.2. Any disputes arising from this Agreement shall be subject to the exclusive jurisdiction of the courts in Hong Kong.
13. Modifications to the Agreement
13.1. The Network reserves the right to modify this Agreement at any time. Changes will be effective upon posting to the Network’s website.
13.2. Continued use of the Network’s services after changes to the Agreement constitutes acceptance of the modified terms.
14. Severability
14.1. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
By using the services provided by the Network, all parties acknowledge that they have read, understood, and agree to be bound by this Agreement.