Channel Partner Policy
1. Regulatory Compliance
Channel Partner is wholly responsible for compliance with any and all laws and regulations that may be applicable to the use and maintenance of all Client Media, information, communications, records and operation of Channel Partner’s business and use by Client. Channel Partner bears all costs associated with compliance with any such laws and regulation.
2. Notice of Laws & Regulations applicable to Client Media
Channel Partner bears responsibility for advising XOGO of any, and all, laws and regulations of which XOGO should be aware with respect to Client Media and Client Applications. Such notification shall be made to prior to commencement of Client Set-Up.
3. Channel Partner ADDITIONAL RESPONSIBILITIES AND WARRANTIES.
3.1. Channel Partner agrees and warrant that the contact information provided to XOGO is complete and accurate, and you further agree to notify XOGO within fifteen days of a change to any such contact information. Contact information includes e-mail address, and mailing address and the name, mailing address, telephone number, facsimile number, and e-mail address of the technical and administrative contacts for your domain, if any.
3.2. Channel Partner agrees and warrants that your use of the XOGO Services and all sales and distributions, by any and all means, of any type(s) of Content shall at all times comply with all applicable Laws.
3.3. Channel Partner agrees and warrants that you will neither store on nor allow to be transmitted by XOGO’s Services any data or other matter which constitutes, contains, or links to child pornography or which involves depictions of sexuality by someone who is or looks younger than eighteen years of age, regardless of their actual age, or by a performer who is portrayed or made to appear as a person under the age of eighteen years of age, or which could otherwise result from or cause harm to minors.
3.4. Channel Partner agrees and warrants that Channel Partner data shall be solely for business, entertainment and/or educational purposes and that Channel Partner shall assume the sole responsibility and duty to ensure that all such data, visual materials, advertising and other matter shall be transmitted exclusively to willing adults and only to places in which such materials comply with contemporary community standards.
3.5. Channel Partner agrees and warrants that Channel Partner data shall not violate any Laws concerning obscenity and shall not contain or link to any pornography, or depictions of bestiality, rape, sexual assault, violence, torture or disfigurement, or other content deemed objectionable by XOGO, in its sole discretion.
3.6. Channel Partner agrees that in the event that XOGO is informed by any party that any material hosted by XOGO services infringes the copyright of any party, or violates the right of publicity or privacy of any party, or consists of any other claim or violation of intellectual property rights of any kind, then XOGO may, without prior notice to Channel Partner and in XOGO’s sole and exclusive discretion, either remove the material from the XOGO service, and/or disable public access to Channel Partner data, and/or terminate service, without any liability of any kind to XOGO from either Channel Partner or any third party. As more completely set forth in Sections 3, Channel Partner waives any and all claims Channel Partner may have, now and forever, against XOGO relating to any action taken in response to the claim that Channel Partner has infringed the intellectual property rights of a third party, and agree to indemnify and hold harmless XOGO from and against any such claims.
3.7. Channel Partner affirmatively represents, agree and warrants that Channel Partner have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the United States and throughout the world, to reproduce and disseminate, via the Internet, Channel Partner data or content which Channel Partner otherwise promote, advertise, disseminate and/or distribute to anyone by Channel Partner direct or indirect use of the XOGO services, prior to and at all times during the time such materials are promoted, advertised, disseminated or distributed through any direct or indirect use of the XOGO services.
3.9. Channel Partner agrees and warrants that Channel Partner data shall not contain or link to any material which is harmful, violent, threatening, abusive or hateful.
3.10. Channel Partner agrees and warrants that Channel Partner data and any and all material(s) of every kind which Channel Partner transmit using XOGO’s Services shall at all times be free from any and all damaging software defects, including, but not limited to, software “viruses”, “worms”, “Trojan Horses,” and other source code anomalies, which may cause software or hardware disruption or failure, reduced computer operating speed, or compromise any security system. Channel Partner agrees that Channel Partner will not attempt to access the XOGO services without authorization, or use the XOGO Services to carry out, or assist in the carrying out of, any “denial of service” attacks on any website or Internet service.
3.11. Channel Partner agrees and warrants that Channel Partner shall not engage in any false, deceptive or fraudulent activities in association with Channel Partner use of the XOGO services.