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Common use of Our Rights and Remedies Clause in Contracts

Our Rights and Remedies. 5.1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement or your negligence in performance under the Affiliate Programme, or failure to in any way meet your obligations hereunder, Xxxxx LTD shall have the following remedies available: (i) the right to suspend (for up to 180 days) any Affiliate’s participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended; (ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s obligations under the Affiliate Agreement; (iv) the right to withhold and / or set off such monies Xxxxx LTD deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Xxxxx which arises as a result of the Affiliate’s breach of the Affiliate Agreement or the Affiliate’s negligent performance hereunder; (v) immediately terminate the Affiliate Agreement. 5.2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Appears in 2 contracts

Samples: Affiliate Agreement, Affiliate Agreement

Our Rights and Remedies. 5.1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement or your negligence in performance under the Affiliate Programme, or failure to in any way meet your obligations hereunder, Xxxxx LTD Creamedia shall have the following remedies available: (i) the right to suspend (for up to 180 days) any Affiliate’s 's participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended; (ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s 's obligations under the Affiliate Agreement; (iv) the right to withhold and / or set off such monies Xxxxx LTD Creamedia deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Xxxxx Creamedia which arises as a result of the Affiliate’s 's breach of the Affiliate Agreement or the Affiliate’s 's negligent performance hereunder; (v) immediately terminate the Affiliate Agreement. 5.2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Appears in 2 contracts

Samples: Affiliate Agreement, Affiliate Agreement

Our Rights and Remedies. 5.1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement or your negligence in performance under the Affiliate Programme, or failure to in any way meet your obligations hereunder, Xxxxx LTD : Glava LIMITED shall have the following remedies available: (i) the right to suspend (for up to 180 days) any Affiliate’s 's participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended; (ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s 's obligations under the Affiliate Agreement; (iv) the right to withhold and / or set off such monies Xxxxx LTD : Glava LIMITED deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Xxxxx : Glava LIMITED which arises as a result of the Affiliate’s 's breach of the Affiliate Agreement or the Affiliate’s 's negligent performance hereunder; (v) immediately terminate the Affiliate Agreement. 5.2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Appears in 1 contract

Samples: Affiliate Agreement

Our Rights and Remedies. 5.1 §1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement or your negligence in performance under the Affiliate ProgrammeProgram, or failure to in any way meet your obligations hereunder, Xxxxx LTD Xxxx.xxx shall have (at Xxxx.xxx sole discretion) the following remedies available: (i) the : 1. The right to suspend (for up to 180 30 days) any Affiliate’s Affiliate"s participation in the Affiliate Programme Program for such a period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended; (ii) the ; 2. The right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s Affiliate"s obligations under the Affiliate Agreement; (iv) the ; 3. The right to withhold and / or set off such monies Xxxxx LTD money as Xxxx.xxx deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Xxxxx Xxxx.xxx which arises as a result of the Affiliate’s Affiliate"s breach of the Affiliate Agreement or the Affiliate’s Affiliate"s negligent performance hereunder; (v) immediately ; 4. Immediately terminate the Affiliate Agreement. 5.2 §2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Appears in 1 contract

Samples: Affiliate Agreement

Our Rights and Remedies. 5.1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement or your negligence in performance under the Affiliate Programme, or failure to in any way meet your obligations hereunder, Xxxxx LTD Gammix shall have the following remedies available: : (i) the right to suspend (for up to 180 days) any Affiliate’s 's participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended; ; (ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s 's obligations under the Affiliate Agreement; ; (iv) the right to withhold and / or set off such monies Xxxxx LTD Gammix deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Xxxxx Gammix which arises as a result of the Affiliate’s 's breach of the Affiliate Agreement or the Affiliate’s 's negligent performance hereunder; (v) immediately terminate the Affiliate Agreement. 5.2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Appears in 1 contract

Samples: Affiliate Agreement

Our Rights and Remedies. 5.1 In the case of your breach (or, where relevant, suspected breach) of the Affiliate Agreement or your negligence in performance under the Affiliate Programme, or failure to in any way meet your obligations hereunder, Xxxxx LTD PB and PurpleBay Affiliates shall have (at PB and / or PurpleBay Affiliates’ sole discretion) the following remedies available: : (i) the right to suspend (for up to 180 days) any Affiliate’s participation in the Affiliate Programme for such period as is required to investigate any activities of the Affiliate that may be in breach of the Affiliate Agreement. During any period of suspension, payments of Commission will also be suspended; ; (ii) the right to withhold any Commission or any other payment payable or owing to the Affiliate arising from or relating to any specific campaign, traffic, content or activity conducted or created by the Affiliate under the Affiliate Agreement which is in breach of (or otherwise not in accordance with) the Affiliate’s obligations under the Affiliate Agreement; ; (iv) the right to withhold and / or set off such monies Xxxxx LTD as PB or PurpleBay Affiliates deems reasonable from the Commission to cover any indemnity given by the Affiliate hereunder or to otherwise cover any liability of Xxxxx PurpleBay Affiliates which arises as a result of the Affiliate’s breach of the Affiliate Agreement or the Affiliate’s negligent performance hereunder; ; (v) immediately terminate the Affiliate Agreement. (vi) the right to withhold monies held in the Affiliate Wallet if they are not withdrawn within a period of 3 (three) months from the date of the termination of the Affiliate Agreement in accordance with clause 9.1. 5.2 Our rights and remedies detailed above shall not be mutually exclusive. Therefore, the exercise of one or more of the right or remedies listed above shall not preclude the exercise of any other right or remedy. You also acknowledge, confirm, and agree that damages may be inadequate for a breach or a threatened breach of the Affiliate Agreement and, in the event of a breach or threatened breach of any provision of the Affiliate Agreement; we may seek enforcement or compliance by specific performance, injunction, or other equitable remedy. Nothing contained in the Affiliate Agreement shall limit or affect any of our rights at law, or otherwise, for a breach or threatened breach of any provision of the Affiliate Agreement, the intention of this provision is to make clear that our rights shall be enforceable in equity as well as at law or otherwise.

Appears in 1 contract

Samples: Affiliate Agreement