Partnership Agreement
This Peerobyte Partnership Agreement (hereinafter referred to as the "Partnership Agreement") establishes the principles and rules followed by VIRTUAL NETWORK LAB LLC FZ and its affiliated entities (collectively referred to as "Peerobyte", "We", "Us"), who are the owners and operators of the website www.peerobyte.com (hereinafter referred to as "peerobyte.com", the "Website") under the partnership program, which serves as a tool to attract new customers and encourage existing customers of Peerobyte to use Peerobyte's products or services (hereinafter referred to as the "Partnership Program").
This document governs the relationship between Peerobyte applicants, participants, and former participants of the Partnership Program, individuals submitting applications on their own behalf or on behalf of an organization, or representing the interests of an organization (hereinafter referred to as "You," "Partners").
1. General Provisions
1.1. This document is an integral part of the Peerobyte Customer Agreement (hereinafter referred to as the "Customer Agreement"), the terms of which You agree to by participating in the Partnership Program.
1.2. Capitalized terms used in this document but not defined herein are defined in the Customer Agreement or its integral appendices.
1.3. Peerobyte reserves the right to amend, update, modify, restrict, or suspend the operations of the company or any related services, products, features, or applications, either temporarily or permanently, at any time.
1.4. Peerobyte reserves the right to amend this Partnership Agreement at any time and in any manner. The updated or modified version replaces all previous versions of this Partnership Agreement immediately upon publication. Continuing participation in the Partnership Program after such changes are posted constitutes Your acceptance of the revised Partnership Agreement.
1.5. The current version of this Partnership Agreement is available on Our Website.
1.6. Partners must periodically review this Partnership Agreement for any changes by revisiting the Website, refreshing the page, and checking the date of the last modification, which is listed at the top of this document.
1.7. If We make changes to this Partnership Agreement that We deem significantly affect the terms of the Partnership Program, We reserve the right to notify You of such changes by sending an email to your registered email address or by posting a message in Your account's personal dashboard on the Website.
1.8. If You have any questions regarding this Partnership Agreement, You can contact our customer support at [email protected]. If You have an account on the Website, You may also contact customer support through the Website's ticket system.
1.9. This Partnership Agreement applies to all participants of the Partnership Program who have signed individual written partnership agreements with Peerobyte. In the event of any conflict between the terms of an individual written partnership agreement and this Partnership Agreement, the terms of the individual written partnership agreement will prevail.
1.10. This Partnership Agreement constitutes the entire agreement between You and Peerobyte regarding Your participation in the Partnership Program, including Your application and withdrawal from the program, superseding any prior written or oral agreements on the same subject, except for any written partnership agreements.
1.11. Peerobyte and You are independent contractors, and this Partnership Agreement does not imply or create any agency relationship, partnership, joint venture, employer-employee relationship, or franchisor-franchisee relationship.
1.12. If any provision of this Partnership Agreement is deemed invalid or unenforceable by a court or other competent authority, the remaining provisions will remain in full force and effect.
1.13. If Peerobyte fails to exercise any right or remedy, or delays in enforcing such a right in response to a breach by You under this Partnership Agreement or the Customer Agreement, this does not constitute a waiver of that right or remedy or prevent Peerobyte from enforcing it in the future against similar breaches.
1.14. If any right or remedy available to Peerobyte or You is not explicitly stated as exclusive, exercising that right or remedy does not preclude the use of other rights or remedies as provided by law.
1.15. No one, except the parties to this Partnership Agreement—namely, Peerobyte and You—has the right to enforce any term of this Partnership Agreement.
1.16. This Partnership Agreement is governed by the laws and regulations specified in the Customer Agreement. All disputes arising under the Partnership Program and this Partnership Agreement will be governed by the terms of the Customer Agreement. Any legal matters not covered by this Partnership Agreement but addressed in the Customer Agreement will be governed by the terms of the Customer Agreement.
1.17. Peerobyte reserves the right to assume control over the defense and settlement of any claim brought against a participant of the Partnership Program or against Peerobyte in connection with the Partnership Program and this Partnership Agreement at any time.
1.18. Peerobyte may transfer its obligations and rights under the Partnership Program to a third party without Your consent, in which case We may notify You via email, a message in Your account on the Website, or by posting information on the Website. Following such transfer, Peerobyte will be released from all its obligations under this Partnership Agreement, as well as from any claims, lawsuits, and demands arising under the Partnership Program before the transfer. You hereby give Your irrevocable consent to such a transfer of rights.
1.19. For communication between You and Peerobyte within the framework of the Partnership Program, electronic means will be used in accordance with the terms of the Customer Agreement. A dedicated section of the Website (the "Partner Portal") may also be used for interactions with participants of the Partnership Program.
1.20. The Partner Portal contains the terms of the Partnership Program, governs the provision of benefits to participants, sets the requirements for participants, and includes other content and conditions of the Partnership Program (hereinafter collectively referred to as the "Program Terms"). You agree to comply with the Program Terms posted on the Partner Portal. If You do not agree with the Program Terms, You must cease Your participation in the Partnership Program.
1.21. Peerobyte may amend, supplement, modify, suspend, or terminate all or part of the Partnership Program, including the Program Terms, at any time at its sole discretion.
1.22. All communications and notices made or provided under this Partnership Agreement and within the framework of the Partnership Program must be in English.
1.23. The headings of sections and subsections in this Partnership Agreement are provided for convenience only and do not constitute part of the Partnership Agreement and do not affect the meaning of the terms of this Partnership Agreement.
2. Application for Participation
2.1. Anyone who meets Peerobyte’s partner selection criteria and expresses interest is eligible to participate in the Partnership Program. Some of the criteria are outlined in this Partnership Agreement, while other requirements may be communicated to You after submitting an application to participate in the Partnership Program.
2.2. By submitting an application to participate in the Partnership Program, You agree that participation in the program is strictly voluntary and that Peerobyte does not require Your participation in the Partnership Program as a condition for providing Peerobyte's products or services.
2.3. By submitting an application to participate in the Partnership Program, You fully agree to comply with all the terms of this Partnership Agreement, the Customer Agreement, and all its attachments. If You do not accept all these terms and conditions, please do not submit an application for participant status in the Partnership Program.
2.4. By submitting an application to participate in the Partnership Program, You irrevocably agree that Peerobyte reserves the right to take action against You, aimed at protecting the interests of Peerobyte, in the event of any violation of the terms of this Partnership Agreement.
2.5. By submitting an application to participate in the Partnership Program, You represent and warrant that You are of legal age under the laws of Your jurisdiction and have the legal capacity to enter into contracts. If You cannot lawfully enter into contracts, You are not eligible to participate in the Partnership Program or submit an application for participation.
2.6. If You are submitting an application to participate in the Partnership Program on behalf of an organization, You represent and warrant that You are legally authorized to bind that organization to the obligations set forth herein. If You are not authorized or are not considered legally authorized to do so, You accept exclusive personal responsibility for the obligations outlined in this Partnership Agreement.
2.7. To confirm the information in Your application to participate in the Partnership Program, Peerobyte may require You to provide supporting documents for Your company and its representatives. These documents may include, but are not limited to, personal identification documents of company officers and employees, Your company’s registration certificate and/or any other corporate documentation, service capability information, team information, and/or any other supporting documents that Peerobyte deems necessary to evaluate Your application for partner status within the Partnership Program.
2.8. By submitting an application to participate in the Partnership Program, You consent to the collection, storage, use, disclosure, and processing of Your personal data by Us for the following purposes:
a. Processing Your application for participation in the Partnership Program;
b. Verifying the identity of personnel and key individuals;
c. Verifying company registration and business status;
d. Providing You with services and responding to Your requests, feedback, and claims;
e. Providing You with the benefits of the Partnership Program;
f. Administering the Partnership Program;
g. Disclosing information to comply with legal requirements and protect the legitimate interests of Peerobyte.
2.9. The documents and personal data collected by Peerobyte in connection with Your application for participation in the Partnership Program and subsequently during Your participation in the Partnership Program will be stored in accordance with our Privacy Policy. Additionally, depending on Your jurisdiction, Your data will also be processed in accordance with:
a. US Privacy Policy – if You are subject to the jurisdiction of the United States;
b. Europe Privacy Policy – if You are subject to the jurisdiction of the European Economic Area (EEA), the United Kingdom, or Switzerland.
The US Privacy Policy and the Europe Privacy Policy will take precedence over the Privacy Policy in case of any conflict between their terms.
2.10. The relationships that arise after You submit Your application and are approved as a participant in the Partnership Program will remain in effect until they are lawfully terminated, including termination in accordance with Section 6 of this Partnership Agreement.
2.11. Peerobyte reserves the right to either provide a reason for rejecting Your application or to reject it without explanation.
3. Obligations of a Participant
3.1. A Partnership Program participant must organize their work in such a way as to:
a. Ensure that all aspects of their activities within the Partnership Program consistently comply with the requirements of this Partnership Agreement.
b. Employ only qualified personnel who have been properly trained. Personnel must be trained at the participant’s expense, be competent in their assigned tasks, and perform their duties professionally.
c. Provide services to Peerobyte’s end users at a high level of quality, with due care and skill, in accordance with best industry practices.
d. Refrain from engaging in unethical or questionable practices that may harm Peerobyte or third parties.
e. Not publish, use, or collaborate in the publication or use of any misleading, deceptive, or defamatory advertising materials regarding Peerobyte, its competitors, or the participants of the Partnership Program.
f. Avoid making statements, guarantees, or warranties to customers or other parties regarding Peerobyte’s products or services that are inconsistent with the actual state of affairs, this Partnership Agreement, or the Customer Agreement.
g. Avoid using any materials that infringe the intellectual property rights of others in connection with the Partnership Program. If a Partnership Program participant uses materials other than those provided by Peerobyte, they guarantee that they have the rights to use such materials and that their use is lawful, not misleading, and does not infringe upon the intellectual property rights of third parties.
h. Conduct business in a manner that positively reflects the reputation of Peerobyte’s products and services, as well as the participant’s own reputation.
i. Use a professional and ethical tone when communicating with customers, partners, and clients, adhering to accepted standards of business interaction.
j. Use Peerobyte’s Website, products, services, and materials strictly within the limits of the “Acceptable Use Policy”.
k. Use personal data and information of end users obtained through the Partnership Program solely to fulfill obligations under this Partnership Agreement and the Customer Agreement. Disclosure of such information to third parties for any other purposes is prohibited.
l. Comply with all applicable data protection laws when collecting, using, disclosing, or processing the personal data of third parties. By providing Peerobyte with third-party data, You warrant that You have obtained all necessary consents for the collection and processing of such data and for its transfer to Peerobyte for the purposes outlined in this Partnership Agreement and Privacy Policy. Upon Peerobyte’s reasonable request, You shall provide evidence of such consent and assist Peerobyte in responding to any inquiries concerning third-party data received from You.
m. In processing personal data, You must comply with the Privacy Policy, as well as:
I. US Privacy Policy - if the data subject is under the jurisdiction of the United States.
II. Europe Privacy Policy - if the data subject is under the jurisdiction of the European Economic Area (EEA), the United Kingdom, or Switzerland.
The US Privacy Policy and the Europe Privacy Policy will take precedence over the Privacy Policy if their terms conflict.
n. Avoid creating conflicts of interest (or the appearance of conflicts of interest) for You or Peerobyte. Your actions should not expose Peerobyte to any liabilities.
o. Maintain reliable financial relations with partners, including Peerobyte, which includes timely payment of invoices, avoiding overdue debts, and fulfilling all financial obligations under concluded contracts.
p. Maintain an up-to-date company profile on the Partner Portal and provide relevant, current contact details and documents for Your company, including information about the personnel directly involved in fulfilling Your obligations under the Partnership Program.
q. Manage permissions and access to the Partner Portal for Your company’s personnel, ensuring that only authorized personnel have access.
r. Conduct Your activities in full compliance with all applicable laws and regulations.
s. Not engage in spamming, unsolicited messaging, or correspondence, following the requirements of the No Spam Policy.
3.2. The Partnership Program participant agrees to promptly notify Peerobyte of any changes to company documents, data, or structure that may affect participation in the Partnership Program.
3.3. If You cease to be a participant in Peerobyte’s Partnership Program, You are responsible for notifying Your end users of this and fulfilling any outstanding obligations to them.
3.4. The Partnership Program participant must agree with Peerobyte on the content of any press releases or other public statements regarding their participation in the Partnership Program.
3.5. The Partnership Program participant agrees not to assign or transfer any obligations or rights under the Partnership Program to any person or organization without Peerobyte’s written consent. Any such assignment or transfer without Peerobyte’s written consent will be considered void.
3.6. The Partnership Program participant guarantees that they have the right and authority to accept the terms of this Partnership Agreement and to join the Partnership Program.
3.7. The Partnership Program participant is responsible for all actions on the Partner Portal carried out under their account and assumes liability for such actions unless caused by Peerobyte’s fault.
3.8. The Partnership Program participant agrees to defend, indemnify, and hold harmless Peerobyte, its affiliates, licensors, employees, officers, directors, and representatives from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from third-party claims related to Your actions as a Partnership Program participant in the Partnership Program, including but not limited to:
a. Use of Peerobyte’s Website, products, or services;
b. Provision of services to end users;
c. Violation of the terms of this Partnership Agreement, the Customer Agreement, or applicable laws and regulations;
d. Infringement of third-party rights, including intellectual property rights.
3.9. The Partnership Program participant agrees to treat the following information as Peerobyte’s confidential information:
a. Any non-public information disclosed by Peerobyte or its employees, contractors, or agents that is designated as confidential or, by its nature or circumstances of disclosure, should reasonably be understood to be confidential.
b. Non-public information relating to the technology, clients, business strategies, marketing and advertising plans, finances, and other commercial aspects of Peerobyte.
c. Third-party information that Peerobyte is obligated to keep confidential, including third-party data.
d. The nature, content, and existence of any discussions or negotiations between You and Peerobyte.
Confidential information does not include information that:
a. Becomes publicly available without breaching this Partnership Agreement;
b. Can be documented as known to You before receiving it from Peerobyte;
c. Is obtained from a third party who did not breach any confidentiality obligations or legal constraints;
d. Can be documented as independently developed by You without using Peerobyte’s confidential information.
3.10. You may not use Peerobyte’s confidential information obtained under the Partnership Program in any way other than as expressly permitted by Peerobyte in writing.
3.11. You may not disclose Peerobyte’s confidential information until its confidentiality period, if specified by Peerobyte, expires, or until You receive written permission from Peerobyte to disclose such information.
3.12. Information that Peerobyte designates as a trade secret will remain Peerobyte’s confidential information for as long as it qualifies as a trade secret under applicable law.
3.13. You are obligated to take all reasonable technical and organizational measures to prevent the disclosure, dissemination, or unauthorized use of Peerobyte’s confidential information, including at least the same measures You take to protect Your own confidential information of a similar nature.
3.14. From the date of approval of Your application to the Partnership Program and for one year after the termination of Your participation, You agree not to recruit, hire, or otherwise employ or contract any employees of Peerobyte who were employed by Peerobyte during Your participation in the Partnership Program to work for You or any affiliated entity.
3.15. The participant must comply with export control laws, including the requirements of US law regulating the export of software and technology. Specifically, Peerobyte’s materials, software, products, and services may be subject to export regulation by US government agencies, including the US Department of Commerce and the Bureau of Industry and Security (BIS). You agree not to export or transfer such products, technologies, or services to countries subject to export restrictions or to individuals subject to sanctions. Violation of these rules may result in administrative, civil, and criminal liability.
4. Partner Sign and Content
4.1. If Your application to participate in the Partnership Program has been accepted, Peerobyte may provide You with a sign that identifies You as a participant in the Partnership Program (hereinafter referred to as the "Partner Sign").
4.2. By providing the Partner Sign, Peerobyte grants current participants of the Partnership Program a non-exclusive, worldwide, royalty-free, revocable license to display the most up-to-date version of the Partner Sign for identification purposes as a participant in the Partnership Program on their websites, printed materials, mailings, and other documents.
4.3. Peerobyte may modify the Partner Sign from time to time. Peerobyte has the right to notify Partnership Program participants of changes to the Partner Sign or its intended modification via email or through their account on the Website. Partnership Program Participants must monitor changes to the Partner Sign and ensure its replacement in all materials and resources where it has been displayed. The use of an outdated Partner Sign in printed materials produced before the change is permitted.
4.4. The Partner Sign may not be used for purposes other than those specified in this Partnership Agreement without prior written approval from Peerobyte.
4.5. The Partner Sign may not be altered in any way.
4.6. You may not transfer, assign, or sublicense Your limited right to use the Partner Sign to any other individual or entity.
4.7. When using the Partner Sign, You must comply with all usage guidelines outlined in this Partnership Agreement and the Customer Agreement.
4.8. Peerobyte may revoke Your license to use the Partner Sign at any time by providing written notice. Peerobyte reserves all rights to the Partner Sign and associated intellectual property rights, except as expressly granted in this Partnership Agreement.
4.9. As part of the Partnership Program, Peerobyte may provide participants with software, text, images, web content, audio, video, or other content (hereinafter referred to as "Partnership Program Content") through various channels, including the Peerobyte Website and third-party websites.
4.10. Peerobyte owns and retains all rights, title, and interest in the Partnership Program Content. Peerobyte grants You a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to reproduce and distribute the Partnership Program Content during Your participation in the Partnership Program. You do not receive any rights to the Partnership Program Content other than those expressly granted in this Partnership Agreement.
4.11. The Partnership Program Content is intended solely for advertising, promotion, and informing Your clients, including potential clients, about Peerobyte’s products and services. Use of the content for any other purpose is prohibited, including but not limited to: using, reproducing, selling, sublicensing, distributing, or otherwise transferring any Partnership Program Content to third parties for purposes not related to the Partnership Program; modifying, altering, or otherwise creating derivative works based on the Partnership Program Content.
4.12. As a Partnership Program participant, You guarantee that You will use the Partner Sign and Partnership Program Content in compliance with the "Acceptable Use Policy".
5. Partner Identification Elements and Content
5.1. If You become a participant in the Partnership Program, Peerobyte reserves the right to display Your name, Your company name, Your website, and other general contact information on the Website, and You hereby grant Peerobyte permission to do so.
5.2. Peerobyte has the right to use any trademarks, service marks, trade names, logos, distinguishing symbols, URLs, domain names, or other business or source identifiers that You provide to Peerobyte (collectively referred to as "Partner Identification Elements") as part of the Partnership Program.
5.3. You grant Peerobyte a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free, and sublicensable license to exercise all intellectual property rights related to the Partner Identification Elements. This includes, but is not limited to, the rights to use, perform, reproduce, display, modify, transmit, adapt, execute, distribute, or create derivative works based on the Partner Identification Elements in any media formats. Such use may include displaying the elements on the Website, in client and partner lists, business presentations, flyers, brochures, newsletters, and other similar media and materials.
5.4. By providing Peerobyte with the Partner Identification Elements within the Partnership Program, the Partnership Program participant declares and guarantees that the transfer of these Partner Identification Elements to Peerobyte under the terms of this Partnership Agreement does not infringe upon any third-party rights, is not subject to any licenses, does not require the approval or consent of third parties, and does not necessitate any payments. The Partnership Agreement participant guarantees that they have full authority to transfer the Partner Identification Elements to Peerobyte under terms and conditions of this Partnership Agreement.
5.5. Peerobyte also reserves the right to use any text, images, web content, audio, video, case studies, testimonials, software, links, or other materials that You provide to Peerobyte within the Partnership Program (collectively referred to as "Partner Content").
5.6. You retain ownership rights to Your Partner Content, but hereby irrevocably grant Peerobyte a worldwide, perpetual, non-exclusive, transferable, royalty-free, and sublicensable license to exercise all intellectual property rights related to Your Partner Content. This includes, but is not limited to, the rights to use, reproduce, display, modify, transmit, adapt, execute, distribute, or create derivative works based on such materials in any media formats. The license is granted for the purposes of the Partnership Program, its administration, providing You and Your end users with access to the Website and products, displaying the Partner Content on the Website, conducting related administrative activities, and improving the Website, products, and services.
5.7. By providing Peerobyte with Partner Content, the Partnership Program participant declares and guarantees that the transfer of Partner Content to Peerobyte under the terms of this Partnership Agreement does not infringe upon any third-party rights, is not subject to any licenses, does not require the approval or consent of third parties, and does not necessitate any payments. The Partnership Program participant guarantees that they have full authority to transfer the Partner Content to Peerobyte under the terms of this Partnership Agreement.
6. Termination of Participation
6.1. This Partnership Agreement becomes effective with respect to You from the date Your application for joining the Partnership Program is approved and remains in effect until Your participation in the Partnership Program is terminated in accordance with the terms of this section.
6.2. You may terminate Your participation in the Partnership Program by providing Peerobyte with proper notice in writing, via the Partner Portal, or through any other method agreed upon with Peerobyte, for any reason or no reason, without the need to explain Your decision.
6.3. Your obligations and the terms of this Partnership Agreement that are reasonably expected to survive the termination of Your participation in the Partnership Program shall remain in effect, including: You remain responsible for any fees owed up to the date of termination of Your participation in the Partnership Program, and You remain responsible for all obligations towards Your clients that arose as part of the Partnership Program.
6.4. Peerobyte may suspend or terminate Your participation in the Partnership Program immediately upon notifying You if, in Peerobyte's opinion, You have engaged in any of the following actions:
a. You have committed a material breach of the terms of this Partnership Agreement or the terms of the Customer Agreement and failed to remedy the breach within a reasonable period of time specified by Peerobyte;
b. You no longer meet the requirements set by Peerobyte for participation in the Partnership Program;
c. You have become involved in a situation that compels Peerobyte to suspend or terminate Your participation in the Partnership Program to comply with legal or regulatory requirements from governmental or other competent authorities;
d. You have used Peerobyte’s products, services, or Website in a manner that has created security or stability risks for Peerobyte's site, products, or services, or any third-party system;
e. You have used Peerobyte’s products, services, or Website in a way that creates legal or reputational risks for Peerobyte and/or its clients;
f. You have engaged in any fraudulent, deceptive, or illegal activities;
g. You are bankrupt, in a state of reorganization, liquidation, dissolution, or a similar proceeding.
6.5. Peerobyte may terminate Your participation in the Partnership Program without providing a reason by notifying the contact person You provided for communication with Peerobyte during Your participation in the Partnership Program ten (10) days in advance.
6.6. Termination of Your participation in the Partnership Program does not limit Peerobyte's rights to pursue legal remedies to protect its legitimate interests, including immediate legal proceedings or legal protection.
6.7. Consequences of termination of participation in the Partnership Program:
a. You are required to cease using any Partner Program Content and Partner Sign, and all licenses granted to You in this regard will automatically terminate;
b. You must immediately delete any information, text, images, graphics, video clips, audio, catalogs, files, databases, or lists, etc., in Your possession that were provided to You as part of the Partnership Program, including Partner Program Content and Partner Signs;
c. You will lose access to any materials You provided to Peerobyte, including on the Website or other Peerobyte services.
d. Peerobyte may delete any materials You have provided to Peerobyte at its own discretion, unless their retention is required by applicable law or is necessary to satisfy Peerobyte's legitimate interests. The license granted by You to Peerobyte to use Your materials shall continue to remain in effect, despite the termination of Your participation in the Partnership Program.
7. Disclaimer of Warranties and Limitation of Liability
7.1. Peerobyte disclaims all warranties regarding the Partnership Program, the Website, and Peerobyte’s products and services to the fullest extent permitted by applicable law, providing content, support, products, services, and the Website on an "as is," "as available," and "with all faults and defects" basis, and You agree to this.
7.2. Peerobyte hereby expressly disclaims all warranties, whether express, implied, or statutory, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, and non-infringement, as well as any warranties that the Website, products, and services of Peerobyte will be uninterrupted, error-free, free from harmful components, secure, or otherwise free from damage or loss of functionality or data.
7.3. Peerobyte does not warrant that the support services provided will meet any specific service level or that any assistance with Your projects will achieve a particular outcome.
7.4. Peerobyte makes no warranties regarding the accuracy, reliability, quality, stability, safety, completeness, or timeliness of any information provided to You or third parties as part of the Partnership Program.
7.5. If Peerobyte provides third-party products or services, this is done on a transit basis, and Peerobyte provides no warranties regarding such products or services. Under no circumstances shall Peerobyte be liable for any such products or services.
7.6. Peerobyte shall not be liable for any special, direct, indirect, punitive, incidental, or any other damages whatsoever (including but not limited to damages for lost profits or savings, business interruption, loss of information) arising from contract, negligence, tort, or otherwise, or any other damages arising from any of the following causes:
a. Use or inability to use the Website, products, or services of Peerobyte, or the benefits of the Partnership Program;
b. Unauthorized access by third parties to Your data or personal information;
c. Statements or actions by any user of the Website, product or service of Peerobyte;
d. Any other causes related to the Website, products, or services of Peerobyte or the Partnership Program, arising regardless of the cause, including negligence.
7.7. Peerobyte hereby disclaims all warranties, representations, conditions, and liabilities, whether express or implied, to the maximum extent permitted by applicable law, except for any warranties, representations, conditions, and liabilities explicitly set forth by Peerobyte in this Partnership Agreement and the Customer Agreement.
7.8. Peerobyte’s total liability, including its employees, agents, affiliates, representatives, or anyone acting on its behalf, to You for any claims arising out of the Partnership Program, interaction with Peerobyte, or use or inability to use the Website, products, or services of Peerobyte, is limited in aggregate to the equivalent of 100 Euros (at the exchange rate at the time of the claim for damages).
7.9. This limitation of liability does not exclude Peerobyte’s right to require You to provide evidence of actual damage.
7.10. Any claims against Peerobyte regarding any matters must be brought within one (1) year from the date the cause of action arises.
7.11. Peerobyte bears no liability to Your end users for the services You provide to such users, including support services.
7.12. Unless otherwise provided in the Customer Agreement, Peerobyte shall under no circumstances be liable for any delays, failures, or interruptions in the provision of content or services offered under the Partnership Program and/or through the Website, products, and services of Peerobyte, that are caused directly or indirectly by natural disasters, forces or causes beyond Peerobyte's reasonable control, including but not limited to Internet failures, computer failures, viruses, cyber-attacks, telecommunication or equipment failures, software failures, power outages, strikes, labor disputes, riots, insurrections, civil disturbances, labor shortages or material shortages, fires, floods, storms, explosions, natural disasters, war, government actions, orders of domestic or foreign courts or tribunals, or failure of third parties to perform.
7.13. To the maximum extent permitted by applicable law, Peerobyte shall under no circumstances be liable to You or any third party for the inability to use the Website, products, or services of Peerobyte (whether due to disruptions, changes, or cessation of Peerobyte operations or other reasons), any delays, inaccuracies, errors, or omissions in any communications, transmission, or delivery of any part thereof, or any services, support, materials, or labor provided by Peerobyte as part of the Partnership Program, or any damages (direct, indirect, consequential, or otherwise) arising from the use or inability to use the Website, the Partnership Program, or Peerobyte’s products and services.