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Octo Browser Referral Program Policy

Recitals

A. The Referral Program is aimed to encourage Users to promote Octo Browser by accruing bonuses for attracting new Octo Browser Users using personal Referral Links.

B. This Policy is a set of rules regulating the cooperation between the Participants and the Organizer regarding the Policy subject matter as specified below.

C. By signing up to the Referral Program, each Participant confirms that they are familiar with this Policy, unconditionally accept its terms, and guarantee that they will comply with its terms and conditions for the entire duration of the Referral Program.

D. The Organizer may occasionally amend the Policy. The changes shall be considered effective after 30 (thirty) days since their first publication on the Website.

E. If any such amendment is unacceptable to a Participant, their only option shall be to quit the Referral Program. Participant’s continued participation in the Referral program after the Policy has been amended shall constitute binding acceptance of such amendments.

F. The Policy was last updated on 2 January, 2024.

1. Definitions

1.1 Intellectual Property Rights mean any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, database protection or other intellectual property rights laws, and all similar or equivalent rights, laws, or forms of protection in any part of the world.

1.2 Octo Browser means the IT product available at https://octobrowser.net and corresponding Windows, macOS, and Linux applications.

1.3 Organizer means BLACKBIRD SECURE BROWSING LTD (limited liability company registered at 128 City Road, London, United Kingdom, Ec1V 2Nx).

1.4 Participants mean both Referrers and Users who intend to become Referrers and are eligible to do so.

1.5 Party means the Organizer or Participants depending on the context of a particular clause of the Policy.

1.6 Policy means the present Octo Browser Referral Program Policy in its latest updated version.

1.7 Referral means a User who has used a Referral Link to create an Octo Browser account.

1.8 Referrer means an owner of the Referral Link.

1.9 Referral Link means a unique link generated automatically for a Referrer that is used to create an Octo Browser account and that can be shared with other Internet users.

1.10 Referral Program means the Octo Browser Referral Program, under which Referrers have an opportunity to earn bonuses based on the terms of the present Policy.

1.11 Octo Token(s) mean a virtual Octo currency. The price of 1 Octo Token is equal to 1 Euro.

1.12 User means an Internet user who has created an Octo Browser account.

1.13 Website means https://octobrowser.net.

2. The referrer eligibility criteria

2.1 Any person of legal age may participate in the Referral Program, as long as they are Users.

2.2 Only a User who promotes their Octo Browser Referral Link independently without the assistance of a third party (excluding the operators of third-parties’ websites, forums, social media platforms, and other media used exclusively as described in paragraph 3.2 of the Policy) is eligible to become a Referrer. A User becomes a Referrer after generating a personal Referral Link in their Octo Browser account. One User may only have one Referral Link.

2.3 The Organizer reserves the right to cancel or prohibit a User’s participation in the Referral Program at the Organizer’s sole discretion without providing explanation of the reasons.

3. The referral program terms and conditions

3.1 The referral link

3.1.1 The Referral Link is generated automatically in the Octo Browser account and is available to any User upon creating an Octo Browser account.

3.1.2 The Referral Link format is https://octobrowser.net/signup/?p=TEAM_ID, where “TEAM_ID” is unique for each Referrer.

3.1.3 The Referral Link does not change over time.

3.1.4 One Referrer may have only one Referral Link.

3.1.5 The Referral Link is active for all Users, even with inactive Octo Browser subscription.

3.2 Allowed methods of using the referral link

3.2.1 The Referrer is encouraged to share the Referral Link with Internet users who have not previously had an Octo Browser account.

3.2.2 The Referrer can copy the Referral Link via the copy icon in their account.

3.2.3 The Referrer is allowed to use the Referral Link in any form that is not prohibited by the Policy. In particular, a Referral Link may be used in the following ways:

  • 3.2.3.1 posting the Referral Link on the Referrer’s own website or blog;

  • 3.2.3.2 posting the Referral Link on social media platforms using the Referrer’s own account(s) (including the Referrer’s own posts, group posts, or by posting it in the comments of posts in thematic communities), provided that:

      • 3.2.3.2.1 this does not violate the social media platform rules;

      • 3.2.3.2.2 this does not constitute intrusive advertisement;

      • 3.2.3.2.3 the content is unique.

  • 3.2.3.3 placing the Referral Link on a clickable banner ad;

  • 3.2.3.4 placing the Referral Link in the description of a Referrer’s video on a video hosting site (i.e. YouTube, Vimeo, etc.);

  • 3.2.3.5 adding the Referral Link to useful articles for online media on multi-accounting prepared by the Referrer, provided these are posted on safe and accessible Web resources;

  • 3.2.3.6 putting the Referral Link on the Referrer’s review website to allow customers to leave their reviews;

  • 3.2.3.7 using the Referral Link when using contextual advertising services (i.e. Yandex Direct, Google.Adwords,etc.);

  • 3.2.3.8 posting the Referral Link on forums (i.e. by using it as the Referrer’s signature);

  • 3.2.3.9 using the Referral Link in any other way that does not violate the provisions of clause 3.3 of the Policy.

3.2.4 The Referrer is allowed to use information from the Website or from the Organizer’s official social media communities with a reference to the original source (e.g. by using the “Share in your community” button).

3.2.5 The Referrer is only allowed to use the actual Octo Browser logos. The actual logos are available for downloading via the “Download Logobook” link on the Website main page.

3.3 Prohibited methods of using the referral link

The following methods of using the Referral Link by the Referrers are prohibited:

3.3.1 Knowingly offering the Referral Link to already registered Users.

3.3.2 Using the Referral Link by the Referrer themselves.

3.3.3 Spam, including, but not limited to using the Referral Link for mass mailing of unsolicited messages or promotional materials, including e-mails, messages in messengers and on social media platforms.

3.3.4 Creating fake requests, including, but not limited to by using the contact details of organizations without their consent, and/or by creating multiple fake accounts by the same person using different credentials.

3.3.5 Requests on behalf of companies, agencies, or a group of partners with which the Referrer is affiliated in any form.

3.3.6 The use of prohibited keywords and domain names as Referral Links or in promotional materials (including, but not limited to in branded queries (product names) as key phrases in contextual advertising campaigns).

The list of prohibited keywords and domain names includes the following:

  • 3.3.6.1 octo browser;
  • 3.3.6.2 octobrowser;
  • 3.3.6.3 okto browser;
  • 3.3.6.4 oktobrowser;
  • 3.3.6.5 octo браузер;
  • 3.3.6.6 octoбраузер;
  • 3.3.6.7 окто браузер;
  • 3.3.6.8 октобраузер;
  • 3.3.6.9 octo net;
  • 3.3.6.10 окто антидетект;
  • 3.3.6.11 octo antidetect;
  • 3.3.6.12 octobrowser net;
  • 3.3.6.13 octo browser net;
  • 3.3.6.14 окто;
  • 3.3.6.15 octo;
  • 3.3.6.16 octopus browser;
  • 3.3.6.17 octo web;
  • 3.3.6.18 okto браузер;
  • 3.3.6.19 окто браузер;
  • 3.3.6.20 октобраузер.

3.3.7 The use of the words “official”, “authorized” (“authorised”) and their derivatives in the text of advertising materials (with the exception of the phrases “official partner”, “authorized partner” (“authorised partner”) and their derivatives).

3.3.8 Using the information from the Website or from the Organizer’s official social media communities (e.g. by copying posts) without reference to the original source is prohibited.

3.3.9 Using the information (text and/or pictures) with questionable content (dark humor, “below the belt” humor, profanity, etc.) with reference to Octo Browser, the Organizer and/or the Referral Program is prohibited. The final decision on the questionable character of the content rests at the Organizer’s sole discretion.

3.3.10 The Octo Browser logos are registered trademarks; they or their elements (including styles/colors/images) cannot be used either in the logo of another entity or in promoting another entity’s goods and/or services.

3.3.11 Using the Octo Browser obsolete logos is prohibited. The actual logos are available for downloading via the “Download Logobook” link on the Website main page.

3.4 Signing up using a referral link

3.4.1 An Internet user who has not previously registered an Octo Browser account shall create an Octo Browser account by following the Referral Link and completing the Octo Browser registration form, thus becoming a Referral.

3.4.2 A Referral shall buy Octo tokens upon creating their Octo Browser account.

3.5 Awarding of bonuses

3.5.1 When a Referral buys Octo tokens, their payment will be seen on the Referral’s payments list with the “Under review” status. Once the payment has been reviewed and accepted, its status changes to “Approved,” and the Referrer’s balance shall be updated. If the verification fails, the status changes to “Canceled.”

3.5.2 The payment review period is 14 days.

3.5.3 The Organizer reserves the right to set individual review periods that override the default review period specified in the clause 3.5.2.

3.5.4 For each Referral who completes a purchase after successfully using a Referral Link, the corresponding Referrer will receive a default bonus equal to 15% of the funds spent by the referred Referral. The system calculates the default percentage from each Referral’s purchase and adds the corresponding amount to the Referrer’s balance.

3.5.5 If the Organizer decides to change the default bonus value, the updated value will be applied to all Referrers.

3.5.6 In exceptional cases the Organizer reserves the right to set an individual bonus percentage that overrides the default percentage specified in the clause 3.5.4 above.

3.5.7 The Referrer shall receive the aforementioned bonuses for each payment that their Referrals have made for 360 days since the date of their Referrals’ Octo Browser registration.

3.5.8 Bonuses are applied in the “Referral Program” section of the Participants’ Octo Browser accounts.

3.5.9 Bonuses received by a Referrer cannot be transferred to another Referrer and/or Referral.

3.5.10 Bonuses received by a Referrer are displayed in the corresponding section of their Octo Browser account.

3.6 Withdrawal of bonus funds

3.6.1 Bonuses received by a Referrer may be withdrawn using TRC-20 cryptocurrency or as Octo Tokens.

3.6.2 The minimum bonus amount that can be withdrawn is the USDT equivalent of 100 EURO at the date of withdrawal, or 10 EURO in case of withdrawing to an Octo account balance.

3.6.3 The total amount of bonuses that can be withdrawn is displayed in the Octo Browser account in the “Referral Program” section. Balance may be negative.

3.6.4 In order to withdraw their bonuses, the Referrer shall send an email from the email address associated with their Octo Browser account to the email address of the Octo Browser Referral Program support service referral@octobrowser.net providing the payment details. The support service shall process such requests daily.

3.6.5 The support service shall process such requests daily.

3.6.6 The Organizer shall process the payments and update the Referrer's payment history accordingly. Payments shall be credited on the 1st and 15th day of each month.

3.6.7 All accrued bonuses shall be withdrawn from the Referrer’s balance once a withdrawal request is sent. The Referrer shall not be able to withdraw partial amounts of accrued bonuses.

3.6.8 In case a Referral requests a refund, and such a refund is granted, the Organizer cancels the corresponding payment in the Referrer's payment history. If the payment has already been made, the corresponding amount will be deducted from the Referrer's balance. The resulting balance may be negative.

3.6.9 The payment is deemed to be duly performed at the time when the funds are debited from the Organizer’s bank account.

3.6.10 Each Party bears their own obligation to pay concomitant fees, taxes, and all other associated payments wherever they may arise in connection to withdrawal of the bonuses. All expenditures, commissions, and payments related to the bank or payment systems used to process bonuses are borne by the Organizer.

4. Rights and obligations of the organizer

4.1 The Organizer reserves the right to:

  • 4.1.1 at its own discretion and without explaining reasons to the Referrers and without entering into communication with them, invalidate any actions of the Referrers, and also prohibit further participation in the Referral Program to any person about whom the Organizer has reasonable suspicions that they might engage in data falsification or benefit from any data falsification related to their participation in the Referral Program, behave improperly toward other Referrers and/or Referrals, and/or the Organizer;

  • 4.1.2 to thoroughly review all requests, to suspend payments (withdrawals) of bonuses until the Referrer’s traffic sources are verified, and to refuse payments (withdrawals) in case of violations;

  • 4.1.3 not to conduct written negotiations or any other contacts with the Referrers, except in cases established in this Policy, or in case of any arising disputes;

  • 4.1.4 at its own discretion unilaterally terminate, modify, or suspend the Referral Program (including the default bonus value) and/or the Policy if for any reason the Referral Program cannot proceed as planned, including any reason beyond the Organizer's control that distorts or negatively affects performance, safety, fairness, integrity, or proper conduct related to the Referral Program;

  • 4.1.5 engage third parties to participate in carrying out the Referral Program.

4.2 The Organizer is obligated to credit bonuses to the Participants who successfully, fully, and faithfully fulfill all conditions stipulated in the Referral Program.

5. Intellectual property

5.1 The Participants acknowledge that the Organizer owns and shall own in perpetuity all Intellectual Property Rights related to Octo Browser and related products, including, but not limited to, copyrights, patents, trademarks, and logos.

6. Confidentiality

6.1 The information displayed in a Referrer's Octo Browser account, and any information (including bank and payment details) from the email communication between the Referrer and the Organizer (including the support service) shall constitute confidential information.

6.2 The Party that has obtained confidential information from another Party during the Referrer’s participation in the Referral Program and within 3 (three) years following the termination of such participation, shall:

  • 6.2.1 not access or use confidential information other than as necessary to exercise its rights or perform its obligations under and in accordance with this Policy;

  • 6.2.2 except as may be permitted by, and subject to its compliance with clause 6.3 herein, not disclose or permit access to confidential information other than to its representatives who:

      • 6.2.2.1 need to know such confidential information for purposes of exercising its rights or performance of its obligations under and in accordance with this Policy; and

      • 6.2.2.2 have been informed of the confidential nature of such confidential information and the Party's obligations under this clause 6.2; and

      • 6.2.2.3 are bound by written confidentiality and restricted use obligations at least as protective of the confidential information as the terms set forth in the clause 6.2;

  • 6.2.3 safeguard confidential information against unauthorized use, access or disclosure using at least the degree of care it uses to protect its most sensitive information and in no event less than a reasonable degree of care; and

  • 6.2.4 ensure its affiliates, subsidiaries or (sub)contractors comply with, and are responsible and liable for any of their non-compliance with the terms of this paragraph 6.

6.3 If the Party that has obtained confidential information from another Party, or its affiliates are compelled by applicable law to disclose any confidential information, then such Party shall:

  • 6.3.1 promptly, and prior to such disclosure, notify the other Party in writing of such requirement so that that Party can seek a protective order or other remedy or waive its rights under this clause 6.3; and

  • 6.3.2 provide reasonable assistance to the other Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. The Party shall disclose only that portion of the confidential information it might possess that such Party is legally obligated to disclose.

7. Warranties

7.1 The Referrer guarantees and warrants that:

  • 7.1.1 they have the legal power and authority to enter into the relations covered by this Policy;

  • 7.1.2 they have no agreement or understanding with any third party that interferes with or may interfere with performance of the obligations under this Policy;

  • 7.1.3 they shall use due diligence in safeguarding the interests of the Organizer in accordance with this Policy and any policies and procedures provided to them by the Organizer;

  • 7.1.4 they shall comply with all applicable laws, rules, regulations, orders of any governmental (including any regulatory or quasi-regulatory) agency, and shall not violate or contravene the terms of this Policy.

7.2 The Organizer guarantees and warrants that it possesses the full power and authority to enter into the relations covered by this Policy.

8. As is clause

8.1 Octo Browser is provided “As Is,” and the Organizer hereby disclaims all warranties, whether express, implied, statutory or others, and the Organizer specifically disclaims all implied warranties of commercial value, fitness for a particular purpose, proprietary rights and non-infringement thereof, and all warranties arising from course of deals, usage, or trade practices. In addition to the aforementioned disclaimer, the Organizer does not guarantee in any way that Octo Browser or any results of its use shall meet the Referrer’s, the Referrals’, or any other persons’ expectations and/or requirements, operate without interruption, achieve any intended result, be compatible or work with any product, system or other service, or be entirely secure, accurate, complete, free of harmful code and/or errors.

8.2 Except as expressly set forth in this Policy, the Organizer makes no other warranty, express or implied, including, but not limited to, any implied warranties of commercial value and/or fitness for a particular purpose.

9. Limitation of liability

9.1 All Participants’ claims shall be addressed directly to the Organizer. In case a Participant receives such a claim, they shall forward it to the Organizer immediately.

9.2 The Organizer may be responsible only in cases directly specified in the clauses of this Policy or under applicable state law. The Organizer’s total and cumulative liability for direct damages arising out of and/or in connection with this Policy shall in no event exceed the bonus amount paid by the Organizer to the Referrer during the 6 (six) month period immediately preceding the date of such claim. In no event shall the Organizer be liable for any indirect, incidental, consequential, particular and/or punitive damages (including, but not limited to, lost profits), even if the Organizer has been forewarned of the possibility of such damages. This clause takes precedence over any other clause in this Policy that might be interpreted to the contrary, and as such, shall not be superseded and/or overruled by any other clause.

9.3 The Organizer shall not be liable to the Referrers:

  • 9.3.1 for non-performance (and/or untimely performance) by the Participants of their obligations stipulated in the present Policy;

  • 9.3.2 for malfunctions of communication operators and/or ISPs that directly provide their services to the Participants, system failures, and/or other technical problems of ISPs;

  • 9.3.3 for the accuracy of personal data and information provided by the Participants;

  • 9.3.4 for any circumstances beyond the Organizer’s reasonable control (force majeure circumstances), including acts of God, flood, fire, earthquake, explosion, war, acts of terrorism, invasion, riot or other civil unrest, embargoes or blockades, national or regional emergency, strikes, labor shortages, stoppages, or slowdowns or other industrial disturbances, passage of law or any action taken by a governmental or public authority, including imposing an embargo, export or import restrictions, quota or other restrictions or prohibitions, or any complete or partial government shutdown, or national or regional shortage of adequate power, telecommunications or transportation.

10. Dispute resolution. Applicable law

10.1 The Parties shall endeavor to resolve all disputes, controversies, and claims that may arise in connection with the execution, termination, or invalidation of the Policy by negotiations. The Party that has any claims and/or disagreements shall send a message to the other Party indicating the claims and/or disagreements that have arisen. The message to the Organizer shall be addressed to the email address help@octobrowser.net. The message to the Participants shall be addressed to the email used for registration of their Octo Browser account.

10.2 Any notice given under this Policy is considered proper notification and it shall be considered received on the business day following the day the email message was sent.

10.3 The formation, interpretation, and performance of this Policy and any disputes arising out of it, in case it was impossible to solve by negotiations, shall be governed by the substantive and procedural laws of England and Wales without regard to its rules on conflicts or choice of law and, to the applicable extent, the UK law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state courts located in the United Kingdom, and the Parties hereby submit to the personal jurisdiction of such courts. The Participants hereby waive any right to a jury trial in any proceeding arising out of or related to this Policy.

11. Term and termination

11.1 The validity term of this Policy will commence on the date when it was last updated (section F of the General Terms and Conditions), and shall continue until the Policy is terminated.

11.2 The Organizer reserves the right to terminate the Referral Program and its Policy at any time upon its sole discretion.

11.3 If a Referrer breaches this Policy, and does not cure such a breach within 30 (thirty) days of receiving a written notice of the breach, the Organizer reserves the right to terminate the Referrer’s participation in the Referral Program by sending a written notice to the Referrer. Additionally, the Organizer may terminate a Referrer’s participation in the Referral Program instantaneously in the event that the Referrer’s breach may, in Organizer’s sole judgment, cause harm to the Organizer, a Referral, and/or the Referral Program. Such termination of a Referrer’s participation in the Referral Program will be without prejudice to and will not affect any other rights and remedies that the Organizer may have under this Policy and/or at law and/or in equity.

11.4 The Referrer may terminate their participation in the Referral Program themselves at any time without prior written notice to the Organizer by either (a) deleting their account associated with the Referral Program, or (b) failing to use the account associated with the Referral Program for more than 90 (ninety) consecutive days.

11.5 Upon termination of a Referrer’s participation in the Referral Program or termination of the Referral Program itself the Referrer shall have 30 (thirty) days after such termination to withdraw their accrued bonuses regardless of the accrued amount thereof. If the bonuses are not withdrawn within the allotted period of time, this shall be construed as a waiver of the right to withdraw the accrued bonuses.

12. Miscellaneous

12.1 This Policy constitutes the entire agreement between the Parties with respect to the specific subject matter hereof.

12.2 If any provision of this Policy is, for any reason, held to be void or unenforceable, the other provisions of this Policy shall remain unaffected, and the void or unenforceable provision shall be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

12.3 In the event of a conflict between the information contained in this Policy and on the Website, the information contained in the Policy shall be considered definitive and take precedence.

12.4 The clause titles in this Policy are provided for convenience only and have no legal or contractual effect. The word “including” shall be construed as “including, but not limited to.”

12.5 The Parties agree to maintain contact in the English language.

12.6 The Policy does not create any third-party beneficiary rights or any agency, partnership, or joint venture. Nothing in the Policy shall limit either Party's ability to seek injunctive relief.

12.7 If a Participant does not comply with the Policy or is in breach of it, and the Organizer does not take immediate action, this shall not be construed as the Organizer giving up any rights that it may have, including taking relevant action in the future.

12.8 With respect to the specific subject matter hereof the Policy takes precedence over the Terms of Use, the User Agreement, and the Privacy Policy. With respect to the specific subject matter of the Terms of Use, the User Agreement and the Privacy Policy, the latter take precedence over the Policy.