Sign Up Agreement

You must read through all sections of this agreement and accept its terms before proceeding to the sign up area. The Accept/Decline options are at the bottom of the agreement.

The Tucows Content Partner Agreement

This agreement contains the terms and conditions for participating in the Tucows Content Partner Program ("Content Partner Program").

In this agreement, "we", "us" or "our" refers to Tucows Inc. and "you", or "your" refers to the applicant. "Content Partner" refers to an applicant who has been approved to be a Tucows Content Partner.

1. Enrollment in the Tucows Content Partner Program

To begin enrollment you must first agree to the terms of this agreement. Upon clicking on agree (at the bottom of this page) you will be taken to the signup form.

Once you fully complete the Content Partner sign-up form and submit it via the content.tucows.com site, your application will be reviewed and if accepted, you will receive notification via email, which will include your temporary affiliate username and password. If we reject your application, you are welcome to reapply to our Content Partner Program at any time.

We reserve the right to remove your status as a Content Partner at any time, without prior notice, if we determine in our sole discretion, that your site has become unsuitable for our Content Partner program. Unsuitable websites include, but are not restricted, to sites that:

Promote discrimination based on race, sex, religion, nationality, sexual orientation or age; Promotes the use of bulk e-mail or spam; Contain content that is threatening, defamatory, fraudulent, obscene or harassing and; Contain nudity or pornographic material.

2. Our Responsibilities

We are responsible for the following:

We will make available to you, via the Tucows Content Partner Resource & Documentation Centre located on content.tucows.com, official Tucows branding to help you promote your Tucows mirror. You may display the promotional materials as often and in as many areas on your site as you wish;

You are not required to put use Tucows Branding on your site, but we encourage the display of such promotional material because it conveys to your customers your association with the leading provider of virus-free software on the Internet today. The links/buttons also establish a link from your site to the mirror site;

Every customer downloading software from your Tucows mirror is using a Tucows Inc. service and any problems or questions that arise can be directed or forwarded to Tucows Inc. We are not responsible for any misrepresentation that may be made by you or persons associated with your company when responding to questions from your customers about our services, sites or company; and

We are not responsible for any products or services offered on the "Deals" section on Tucows ISPCentral. We agree to be reasonably responsible in ensuring the products and services offered are quality products and services and the companies offering the products and services are reputable. These products are offered through third parties and any special warranties and extra services implied or otherwise are the responsibility of the manufacturers not Tucows Inc.

3. Responsibilities for Your Site

You are solely responsible for the following as it relates to your Tucows mirror:

The technical operation of your site and all related equipment;

Updating the site a minimum of 2 times daily to ensure the most up-to-date content is available to your users. Instructions on how to best complete this procedure will be provided to you when/if your application is approved. We reserve the right to monitor your mirror site(s) and disable any that are not updating on a regular basis;

Ensuring minimum hardware and bandwidth requirements are satisfied before proceeding to set up your mirror;

Ensuring the mirrored site is open to the public. All mirrored sites must be publicly accessible. Private mirrors are not allowed;

Ensuring that there is no third-party introductory screen before users see the TUCOWS mirror site. This means your Tucows URL (yourdomain.Tucows.com) can only link directly to the mirror.

All advertising on the TUCOWS mirror must remain untouched. Please check the advertisers we have online as some of them may conflict with the services that you offer;

All data must be downloaded via the mirroring program. We update a minimum of two times each day. No CD-ROMs are available.

The mirror site must be virtually hosted (i.e.yourdomain.Tucows.com)

You will inform Tucows of any change in your contact information by sending a notice to Content Partners.

4. Limited License

The terms of the limited license include, upon approval of your application, the following:

We give you a non-exclusive right to be a participant of the Tucows Content Partner Program;

You have the discretion of displaying the appropriate Tucows Branding on your home page or on an appropriate page on your site;

We grant you the right to use these logos solely for the purpose of identifying your site as an official Tucows Content Partner and;

We reserve all rights associated with the icon, any other images, our trade names, trademarks and copyrights and all other intellectual property rights; and

We reserve the right to revoke your membership as a Tucows Content Partner at any time if you are found to be using any Tucows content, trademarks, icons or logos in a way we determine to be damaging our image. Notification of revocation shall be provided to you by way of written notice.

5. Relationship of Parties

You and Tucows Inc. are independent contractors. Parties agree to maintain a relationship that is to the mutual benefit of both parties. In particular:

All information, including contact information, shall remain confidential;

You shall not make any statements on Tucows Inc. behalf that give the impression that you or your employees are agents of Tucows Inc.; and

You have no authority to make or accept any offers on our behalf.

6. Ad Placement/Content

You are entitled to a designated space on the front page of each hosted mirror site to use to promote your company or to sell for third party advertising. The size of this space is exactly 110 x 60 and all logos/ads should not exceed 5k. Other provisions include:

The location and provision of the ad space may change at any time;

Any third party advertising accepted by you and as discovered from time to time by Tucows Inc. must be acceptable to Tucows Inc. and cannot violate any of the criteria in Section 1 of this Agreement; and

Tucows Inc. reserves the right to serve ads if you choose not to utilize the designated space.

7. Reporting

Tucows Inc. will provide you with a password that will enable you to log on to a password-protected site to access information about the site activity on your Tucows mirror.

8. General Provisions

Service Interruptions: Tucows Inc. will make every effort to keep all of the company owned and operated websites operational. You waive all legal rights of action, whether they be in tort, contract or otherwise, against Tucows Inc. for service interruptions.

Modifications: WE RESERVE THE RIGHT TO MODIFY THE TERMS OF THIS AGREEMENT AT ANY TIME AND IN OUR SOLE DISCRETION BY POSTING NOTICE OF THE CHANGE TO THE AFFILIATES BY EMAILS AND POSTING THE CHANGE ON http://content.tucows.com.

YOUR CONTINUED PARTICIPATION AFTER THE CHANGES ARE MADE PUBLIC IS DEEMED AS CONTINUED ACCEPTANCE OF THE AGREEMENT.

Cancellation of The Agreement: Either party may choose to cancel or terminate this agreement at any time and for any reason by written or emailed notice of termination to the appropriate party.

Warranty Disclaimer: We make no representation that the operation of the mirror site will be uninterrupted or error-free and we will not be liable for the consequences of any interruptions or errors.

9. Confidentiality

Except as otherwise provided in this Agreement or with the consent of the other party, each of the parties agrees that all information including the terms of this Agreement, business and financial information, customer and vendor lists concerning Tucows Inc. or you, shall remain strictly confidential.

This information shall not be used for any other purpose except to the extent that any such information is generally known or available to the public. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a subpoena issued by any court of competent jurisdiction or any administrative agency, (b) to its accountants or legal advisors on a confidential basis, and (c) otherwise as required by applicable laws.

10. Term of Agreement

The term of this agreement will begin upon notification of to you of acceptance of your Tucows Content Partner Program application and will end when terminated by either party.

Either party may terminate the Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination of this Agreement, you will immediately cease use of, and remove from your site, all links to our site.

11. Indemnification

You hereby agree to indemnify and hold harmless Tucows Inc., its subsidiaries and affiliates, against any and all claims, actions, demands, liabilities, losses, damages, judgements, settlements, costs and expenses (including legal fees) insofar as such losses arise out of or are based on (i) any misrepresentation of Tucows Inc. made by you (ii) any claim related to your site, including content not attributable to Tucows Inc.

12. Representations and Warranties

You hereby represent and warrant to Tucows Inc. as follows:

This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms;

The execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate (a) any provision of law, rule, or regulation to which you are subject, (b) any order, judgement, or decree applicable to you, (c) any provision of your by-laws or constating documents, or (d) any agreement or other instrument applicable to you;

No consent, approval, or authorization of, or exemption by, of filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby; and

There is no pending or, the best of your knowledge, threatened claim, action, or proceeding against you, or any affiliate of yours, with respect to the execution, delivery, or consummation of this Agreement, or with respect to your trademarks, and, there is not basis for any such claim, action or proceeding.

13. Miscellaneous

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.

Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.

Any Section, Subsection or other subdivision of this Agreement or any other provision of this Agreement which is, or becomes, illegal, invalid or unenforceable shall be severed from this Agreement and be ineffective to the extent of such illegality, invalidity or unenforceability and shall not affect or impair the remaining provisions hereof.

All references in this Agreement to dollars are expressed in United States currency.

This Agreement constitutes the entire agreement between you and Tucows Inc. pertaining to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written, of you and Tucows Inc.

There are no representation, warranties, conditions or other agreements, express or implied, statutory or otherwise, between you and Tucows Inc. in connection with the subject matter of this Agreement, except as specifically set forth herein.

No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provisions (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE PROVINCIAL COURTS LOCATED IN TORONTO, ONTARIO, CANADAN AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

This Agreement shall ensure to the benefit of and be binding upon Tucows Inc. and you and our respective successors and permitted assigns. The provisions of Section 10 and Section 15 shall remain in force and effect after termination of this Agreement.

14. Notice

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or regular mail.

In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender, in the case of notice to Tucows Inc. to affiliate@tucows.com or, in the case of notice to you, at the e-mail address provided by you in your Tucows Content Partner application or as updated from time to time in accordance with Section 3(i).

Mail shall be sent to TUCOWS Inc. at: Tucows Content Partner Program, 96 Mowat Avenue, Toronto, Ontario, Canada, M6K 3M1; and to you at the mailing address provided in you Affiliate application or as updated from time to time in accordance with Section 3(i).

Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m.(EST) and otherwise on the next business day. Any communication sent via regular mail shall be deemed to have been validly and effectively given 5 business days after the date of mailing.

15. Limitation of Liability

WE WILL NOT BE LIABLE FOR INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA, ARISING IN CONNECTION WITH THIS AGREEMENT OR TUCOWS INC.

16. Acceptance of Agreement

YOU ACKNOWLEDGE HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDANTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

BY SUBMITTING THIS APPLICATION AND CLICKING ON "ACCEPT", YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY AND AGREE TO ITS TERMS AND CONDITIONS.

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