Communications and Advertising Services Agreement
Thank you for your interest in receiving services from weRlive.com.
Please note that you must accept and agree to the following Communications and
Advertising Services Agreement in order to receive the services which are
described below. Entering into this agreement allows you to receive services to
which a weRlive.com Expert is entitled (as detailed below) but it also entails
certain responsibilities and requires you to make certain representations. By clicking "accept", you expressly
agree to be bound by all of the terms of this Services Agreement.
By accepting this
Agreement and proceeding with your registration, you agree that while using the
weRlive.com services obtained via http://www.weRlive.com
(the 'Site'), you shall adhere to the terms of this Agreement with us - Sobonito Investments Ltd. dba
weRlive.com (the operator of the Site and
Communications Services defined below):
THE SERVICES: weRlive.com shall provide you as a chat Expert ('Expert') with
the following services:
Communications Services: weRlive.com shall provide you with the
following communications services (the 'Communications Services'):
weRlive.com shall provide you with its video/audio/text chat
communications system ('Chat System') allowing you to chat with persons
who choose to receive information/content from you via chat ('Guest'). Via the directory of Experts (like a phone book
that dials for you) located on the Site (the 'Directory'), Guests are able
to initiate contact with Experts (including in scheduled sessions) from whom they
wish to receive information/content.
Where the Expert accepts the Guests into an Expert-Guest Chat Session ('HGCS'),
internet communications software provided to the Expert (the 'Software') enables
the Expert to connect directly ('peer-to-peer'), i.e., not via the Site's
systems, through the internet with the computer of the Guest and provide
information/content via audio/video (and text) chat. A guest may also elect to chat via audio/video
(or text) directly to the Host. Up to 3
Guests can be connected to the Expert at the same time.
weRlive.com shall provide you with use of a message center
which allow Members to put queries or requests to you
and allows you to communicate and provide content/information to Members by
text messaging with Members ("Message Center").
weRlive.com shall provide you with platforms and tools which
allow you to provide specialized services or to advertise the services you
offer to members as an Expert ('Host Platforms').
weRlive.com disclaims any and all
liability in the event of the disruption or malfunction of the Communications
Services. The Host's only remedy in such
a case is to cease using the Communications Services.
weRlive.com may in its absolute discretion advertise the
services of Experts offered generally via the Site and on third party sites. weRlive.com shall decide in its absolute
discretion upon the way of promoting the Expert on the Site, including, without
limitation, the location of the Expert within the Directory and elsewhere on the
Site, the manner of representation of the Expert on the Site and the ranking of
the Expert in rankings created by weRlive.com on the Site.
weRlive.com may in its absolute discretion advertise particularly
your services as an Expert on and off the Site and may in its absolute discretion grant
access to third parties (affiliates of weRlive.com) to advertising materials
which the third parties may then use to promote the Site and the Communications
Services generally and/or your services as a Host.
the 'Advertising Services')
Advertising Services and the Communications Services, together the "Services")
HOST AGE: Host hereby represents that he/she is at least 18 years of
age and of legal age in Host's jurisdiction
(21 years where required under applicable law).
AMENDMENT OF AGREEMENT: weRlive.com shall be entitled to
amend this Agreement, the Terms and Conditions of the Site and the rules and
regulations appearing elsewhere on the Site, at any time by amending it on the
Site. By entering into the Site or using
the Communications Services after the amendment you indicate your agreement to
the amendment. It is your responsibility
to regularly review this Agreement, the Terms and Conditions and the other
rules and regulations appearing elsewhere on the Site.
NON-ASSIGNABILITY/THEFT OF LOGIN: Persons approved by us to act as
Expert, shall not be entitled to assign or transfer that eligibility to any
other person. Nor shall any Expert provide
his or her username/password to any other person. Host must immediately inform us of any
apparent breach of security, such as loss, theft, or unauthorized disclosure or
use of a username or password. Expert will remain personally liable for any
unauthorized use of the Services.
INFORMATION/CONTENT: Information/content provided by Expert via the
Communications Services is determined in the Host's absolute discretion. weRlive.com
shall not (and cannot reasonably) control the information/content communicated
by you via the Communications Services.
You are responsible and legally liable for the information/content
provided by all participants particularly in your HGCS's
and as a general matter by you via the Communications Systems.
Host undertakes that all information/content provided by the
Host via the Communications Services shall satisfy the local laws and
regulations applicable to the Expert and to the Guest(s) including in the EU and
the United States.
Host shall possess all necessary intellectual property
rights, interests, and licenses necessary to allow him/her to present the
information/content presented by the Expert via the Communications Services.
Host hereby represents that all participants in an HGCS will
be at least 18 years of age (21 years in jurisdictions in which age of majority
is 21) and of legal age in the jurisdiction of residence.
Host shall not cause the image of any other person (excepting
other persons who are registered as Experts with weRlive.com) to be transmitted
via the Communications Services.
The following constitutes 'Forbidden Content':
defamatory, abusive, obscene, threatening, racially offensive, or illegal
weRlive.com suspects that Expert has provided Forbidden Content via the
Communications Services or has allowed Forbidden Content on an HGCS, Host's
account will be frozen immediately for further investigation and the Host
faces permanent termination, cancellation and forfeiture of all credits from
You have no obligation to weRlive.com or anyone else to
perform as an Expert or to accept a Guests' requests. Do not accept requests which would cause you
to violate this Agreement or applicable law.
APPROVALS AND REQUIREMENTS OF weRlive.COM
weRlive.com's advance approval is required in
order to act as a host. Such approval is
within the absolute discretion of weRlive.com.
weRlive.com may request at any time, and Expert will be
obligated to provide weRlive.com with any required document including but not
excluding: legally identifying identification documents, which prove the Host’s
age and a signed copy of this Agreement. In any case Expert does not provide
weRlive.com with requested documents, Expert faces
immediate and permanent termination, cancellation and forfeiture of all credits
from weRlive.com. Host hereby agrees that
if Expert provides weRlive.com with false identification regarding his/her name
and/or date of birth, Expert will not hold weRlive.com liable, under any
circumstances, as Expert understands that this identification was accepted in
good faith and to ensure that Expert is at least 18 years of age or age of
majority in Host’s country ('Falsification of Documents'). In the event that weRlive.com suspects that
Host has provided false documents, Host's account will be frozen immediately
for further investigation and the Expert faces permanent termination,
cancellation and forfeiture of all credits from weRlive.com.
If weRlive.com requests to receive a signed copy of this
Agreement Expert must provide the same or the Expert faces immediate and permanent
termination, cancellation and forfeiture of all credits from weRlive.com.
CERTAIN OBLIGATIONS OF HOST
The Expert shall be subject mutatis mutandis to the
Terms and Conditions of the Site. The
other person to violate them. In addition to this Agreement and the Terms and Conditions
of the Site, the Site includes additional terms and conditions that are
published on specific pages on the Site, and shall also apply to Experts. These
additional terms and conditions may restrict or otherwise effect
your rights in connection with the Site or the Communication Services. If any provision of these terms and
conditions is held void or unenforceable to any extent, such provision shall be
deemed excised and removed only to the extent to make the remaining provisions
and these terms and conditions enforceable.
Host shall not use the Communications Services or any of the
the other services, features and/or facilities available
on or through the Site for any commercial purposes whatsoever, except as
specified in this Agreement and to the extent they mutually benefit weRlive.com
and the Host. Expert may not use the Communications Services or any of the other services,
features and/or facilities available on or through the Site to promote or act on
behalf of any other person, entity or business on or off the internet.
Host shall not contact any Member of the Site for the
purpose of supplying the Member with services outside the framework of the Communications
Services thereby circumventing payment by the Member via weRlive.com's
payment system. Host shall not solicit
or encourage members to purchase services and/or features which may directly or
indirectly compete with the Site or the Communications Services or the services
provided by our Experts.
Under no circumstances will you use or try to use the
Communications Services in order to promote or procure any meetings or direct
physical contact with any Members and/or any other third party.
Host shall not transmit emails promoting weRlive.com or the
Host's activities on weRlive.com other than emails sent vian weRlive.com. Host agrees not to procure or encourage the
transmission by any third party of emails promoting weRlive.com or the Host's
activities on weRlive.com ('Forbidden Emailing Activities'). If weRlive.com suspects that Expert is engaged
directly or indirectly in such emailing activities, Host's account will be
frozen immediately for further investigation and the Expert faces permanent
termination, cancellation and forfeiture of all credits from weRlive.com.
HOST & weRlive.COM RELATIONS
Relationship Between Expert and
weRlive.com: weRlive.com is an independent contractor providing services to the
Host. Neither party is employed by the
other party through a common-law employee/employer relationship or actual employee/employer
relationship. Expert shall not present himself/herself as an employee or any
other kind of representative of weRlive.com.
Host must open all emails sent to Expert by weRlive.com in
order to be updated regarding important items related to the Communications and
Advertising Services. Expert must regularly check Host's Expert page in order to be
updated regarding important items related to the Communications and Advertising
weRlive.com will be entitled to perform occasional
monitoring, at its own discretion, of the activities of the Experts via the
Communications Services. This allows
weRlive.com, inter alia, to analyze and develop methods for improving services
to all of its Experts and Members.
LICENSE: You hereby grant weRlive.com a general royalty-free,
perpetual and exclusive license to use – including providing them to third
party sites - still and video images (including audio and text portions) of you
held by weRlive.com. The said license
includes without limitation the right to reproduce, modify, adapt, publish,
translate, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology including
without limitation for purposes of advertising the Site on the site or off the
Site and for purposes of providing third parties with promotional materials. It
is hereby clarified that upon termination of this Agreement, by either party,
weRlive.com shall continue to hold the aforesaid license in its entirety. Materials created in connection with the
Advertising Services or the Communication Services may not be used for any
commercial purpose, outside the weRlive.com site, without the prior written
consent of weRlive.com.
10. PAYMENTS TO
HOSTS: Every HGCS is timed and priced
according to the billing rate and terms specified in the relevant Expert Income
Sources sections below. (See also "Host Sources of Income"
immediately below.) It is hereby
clarified that weRlive.com may, at its own discretion and at any time, change
these billing rates and Expert shall be entitled for payments according to the
then new billing rates. Pricing to guests for tutorials, Q&A and other
materials are not fixed and are determined as described on the Site. See "Host Sources Income" below for
information on billing rates for Experts. For
the avoidance of doubt it is hereby agreed that it is the Host's sole
responsibility to be updated on all of the Site's terms and conditions as well
as all other billing and payment issues, as published on the Site and
Payments to Expert are dependent upon receipt of payment from
specific Guests to whom Expert provided service.
To the extent a Guest does not pay for the services provided by you to
the Guest including due to a refund or chargeback the portion of that payment
due to you shall not be made or shall be deducted from future payments.
All Payments are aggregated and processed through a third
party and will be transferred to Expert only upon receipt from the third party
Payments and deduction from payments are made as described
and specified on Expert Income Sources. It is hereby clarified that weRlive.com
may, at its own discretion and at any time, change these payments methods and
Host shall be entitled for payments according to the then new payments methods.
For the avoidance of doubt it is hereby agreed that it is the Host's sole
responsibility to be updated on all of the Site's terms and conditions as well
as all other billing and payment issues, as published on the Site and
Host is able to check the weRlive.com records regarding the
Host's performance and credits. It is hereby clarified that only the weRlive.com
records shall determine the credits and payments to which the Expert is entitled
to receive. weRlive.com shall not be obligated
to present to Expert and/or any other third party any documents regarding charge
backs or refunds made by Guests.
weRlive.com is entitled to deduct the sum of refunds and/or
charge backs from the Host's payments and credits at any time and at its sole
discretion. It is hereby clarified and
agreed that only weRlive.com's records shall determine
the validity and the amounts of credits and payments, which the Expert is
entitled to receive from weRlive.com. It
is the Expert sole responsibility to check and double check the mailing address
details and/or bank account details and/or epassporte
account details, given to weRlive.com by Host, for the purpose of receiving
payments from weRlive.com. It is hereby clarified that weRlive.com will not
resend or transfer payments, nor will it be responsible for payments, in cases of
wrong addresses or wrong account details.
For the avoidance of doubt it is hereby agreed that it is
the Host's sole responsibility to be updated on all billing rates as well as
all other billing and payment issues, as published and occasionally changed, on
11. Host Income
What is your Revenue Sharing?
For every dollar spent in your HGCS (whether videochat
or non-video chat), for a tutorial, for an answer in Q&A or for other of
your materials, you get 50%. If you bring a new client into the system, you
receive 60% of what he spends while chatting with you.
Chat - How is your rate-per-minute determined?
When you become a Host, you can chat with weRlive.com Guests for $0.98, $1.98, $2.80
or $3.80 per minute. Experts with at least 4.1 stars are also able to charge per
minute for a chat: $4.80, $5.80, $6.80, $7.80, $8.80 or $9.80. You do not have to charge your Guests for the
highest per-minute-charge. A Guest, who begins a chat with an Expert at a certain
rate, remains at that rate throughout the chat, even when a system event
changes these rates. The only exception to this is when an Expert gives a Guest a
Discount. New rates are relevant only to new chats initiated after the rate
Tutorials, Q&A and other materials– How is your rate-per-minute determined?
You will receive 50% of what your Guests pay for the tutorial, for an
answer in Q&A or for other of your materials paid for by a Guest. On the Site, you can find further rules regarding
how these items are priced and regarding tips and fines.
Please note that in any case of a system failure (for example a system failure
caused by technical malfunctions), your earning of the last 60 minutes prior to
the system failure may be lost and deleted from the weRlive.com payments
systems. Therefore, in cases of such system failure, you may not be entitled to
your earnings from the last 60 minutes in the weRlive.com systems.
The higher your rating is - the more you can charge your Guests for your HGCS.
Your rating (number of stars) will be visible on your Expert Profile. Please note
that weRlive.com may, at its own and sole discretion, decide upon the rating
system and calculation methods.
What is a Happy Hour VideoChat
Happy Hour VideoChat Experts are entitled to a fixed
rate of payment per hour, regardless of how long they VideoChat
(since the hourly rate is based only on time the Expert is online and available
for VideoChat). Further details are available on the
What are 30 minute and 60 minute Sessions?
1. You can choose to
offer your Guests a 30 minute or a 60 minute session. In case you provided a
full session, you are entitled you for the following:
minute Sessions entitle you to - 30 minutes multiplied by otherwise applicable
HGCS charge-per-minute multiplied by 80%.
60 minute Sessions entitle you to - 60 minutes multiplied by otherwise
applicable HGCS charge-per-minute multiplied by 70%.
2. In case you are not
responsible for the termination of the session before it was completed as planned
and in case you remained connected to the HGCS as planned, you will be entitled
to the above even if the Guests did not remain connected to the HGCS, as long
as the Guest did not request a refund or submit a chargeback.
In case you are responsible for the termination of the session before it was
completed as planned, a $3 fine will be deducted from your account and you will
only be entitled to a partial payment as follows:
minute planned sessions - the number of minutes of the HGCS in fact multiplied
by otherwise applicable HGCS charge-per-minute multiplied by 80%.
60 minute planned sessions - the number of minutes of the HGCS multiplied by the
otherwise applicable HGCS charge-per-minute multiplied by 70%.
Please note that in case a Guest chooses to leave the HGCS in the middle
of the session, the Guest holds the right to return to the HGCS at all time
until it is expired.
You may encourage Guests to chat longer and to come
back to your HGCS by providing them with special discounts. These discounts are
made at your sole discretion. Discounts are either ˘30 or ˘60 per HGCS minute.
Discounts should be decided upon before the HGCS starts (by providing the
chosen Guests with your discount code), or during the HGCS by marking the
chosen Guests while chatting. Please note that discounts are retroactive and
will apply from the beginning of the session you choose to give the discount
and not before. Also note that there are no double discounts therefore in case
your Guests received any kind of discount they are not entitled for any other
How frequently do you get paid?
Payments are usually made twice a month: Payments go out on the 16th (for the
first two weeks of the month) and on the 1st of the consecutive month (for the
last two weeks of the previous month). Earnings are paid out when you earn a
minimum of $50 per period. weRlive.com is not responsible for any delays in
payments for up to 60 days as well as in any case of a delay not connected to
weRlive.com. You can also choose to wait for payment until your earnings reach a
minimum of $100 or $500.
What is the method of payment?
weRlive offers two forms of payment: transfer of funds
to expert's Epassporte account or by check. weRlive is not responsible for the theft of, loss of, or any fraudulent activity related to, checks sent out to you by regular mail or courier. In the case of loss, theft or fraud, weRlive shall in no case be liable for replacement of the check, or payment of the funds by check or alternative method. This means that if a payment check does not arrive it will not be replaced, regardless of whether it was cashed or not!!!
We offer you the alternative of electronic payment via Epassporte.
In order to receive payments via epassporte you must
first have an account which can be opened by clicking here. If you already have an epassporte
account and you would like to receive your payments there, please contact weRlive
Customer Service to arrange for payment through your existing epassporte account.. weRlive.com
may change the methods of payments at its own and sole discretion.
k. How do I get my
Either by regular mail or by courier (available to residents of the US and Canada only).
In case you wish to receive your check by courier, please note that:
The cost of the shipping ($48) will be deducted from your
You must provide a valid name and address (full address:
City, Country, Zip code) and NOT a P.O. Box address;
You must provide your phone number;
Your minimum check amount must be at least $100;
The following transactions will remove and deduct money from
A $3.00 penalty for kicking out a guest from a 30 or
60-minute session you approved.
Any refund given to your Guest.
Any charge back - for any previous charge that was not
accepted (Guest's credit card).
m. How can you track
your Expert Account earnings?
We keep your complete up-to-date transactions and statistics online on the Host
Account. The Expert Account tracks your earnings for the month. It is hereby
agreed and clarified that the Expert account alone shall determine your
eligibility for payments from the weRlive.com system.
12. THIRD PARTY
understand that products which may be made available or sold on the Site are
not manufactured by weRlive.com but are manufactured by others. You understand
and agree that you will use any such products only in compliance with any
manufacturer's instructions for use accompanying such products. ANY WARRANTIES
COVERING ANY SUCH PRODUCTS ARE PROVIDED SOLELY BY THE MANUFACTURER(S) OF SUCH
PRODUCTS AND weRlive.COM MAKES NO WARRANTY OF ANY KIND WITH RESPECT TO ANY SUCH
PRODUCTS AND HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, DIRECT OR
INDIRECT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DISCLAIMER OF WARRANTIES – THE SERVICES, THE SITE AND THE SOFTWARE ARE
PROVIDED TO YOU "AS IS", "WITH ALL FAULTS", "AS
AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED AND TO
THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW WE SPECIFICALLY DISCLAIM ANY
AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (I) ANY WARRANTIES
CONCERNING THE AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, CAPABILITIES,
SECURITY, TIMELINESS, USEFULNESS OR CONTENT OF THE SERVICES, SITE AND/OR THE
SOFTWARE OR THE ABILITY OF THE SERVICES, THE SITE AND/OR THE SOFTWARE TO
INTEROPERATE OR INTEGRATE WITH ANY THIRD PARTY PRODUCTS SUCH AS SOFTWARE OR
HARDWARE; (II) ANY WARRANTIES RESULTING FROM A COURSE OF DEALING OR USAGE OF
TRADE (III) ANY WARRANTIES WITH REGARD TO THE ACCURACY OR COMPLETENESS OF OR
ERRORS IN THE CONTENTS OR FUNCTIONING OF OR THE ACCURACY OF THE RESULTS OR
OUTPUT THAT DERIVES FROM THE USE OF THE SERVICES, THE SITE OR THE SOFTWARE;
(IV) ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
(IV) ANY WARRANTIES REGARDING OUR RIGHTS AND TITLE IN THE SERVICES, THE SITE OR
THE SOFTWARE OR THAT THE SERVICES, THE SITE OR THE SOFTWARE DO NOT INFRINGE THE
INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED TO YOU OR TO ANY THIRD PARTY INCLUDING,
WITHOUT LIMITATION, AS A RESULT OF ANY FAILURE OF PERFORMANCE, BUG, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS
TO, ALTERATION, INACCESSIBILITY OR LOSS OF, OR USE OF DATA, INFORMATION AND/OR
RECORDS, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. WE SPECIFICALLY DO NOT WARRANT OR GUARANTEE (1) THAT THE
SERVICES, THE SITE AND THE SOFTWARE OR ANY PORTION THEREOF WILL BE FREE OF
INFECTION BY VIRUSES, OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE
PROPERTIES, OR (2) THAT THE FUNCTIONS PERFORMED BY THE SERVICES, THE SITE AND
THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICES, THE SITE OR THE SOFTWARE WILL BE CORRECTED. IT IS YOUR SOLE
RESPONSIBILITY TO EXECUTE ANTI-CONTAMINATION/VIRUS SOFTWARE AND OTHERWISE TAKE
STEPS TO ENSURE THAT THE SERVICES, THE SITE AND THE SERVICES, IF CONTAMINATED
OR INFECTED, WILL NOT DAMAGE YOUR INFORMATION OR SYSTEM.
14. LIMITATION OF LIABILITY - IN NO EVENT WILL WE OR OUR
SUBSIDIARIES OR SUPPLIERS OR OUR/OUR SUBSIDIARIES'/SUPPLIERS' OFFICERS,
DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, LICENSORS,
SUCCESSORS OR ASSIGNS, BE LIABLE TO YOU OR TO ANY THIRD PARTY WHATSOEVER FOR
ANY DAMAGE, INCLUDING, BUT NOT LIMITED TO, INDIRECT, DIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR
LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS, OR VANDALISM OR THEFT
OF PROGRAMS OR INFORMATION, AND ANY OTHER KIND OF DAMAGE), OR ANY OTHER DAMAGES
ARISING IN CONNECTION WITH OR IN ANY WAY OUT OF THE AVAILABILITY OR USE OF,
RELIANCE ON, OR INABILITY TO USE, THE SERVICES, THE SITE AND THE SOFTWARE, EVEN
IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THE SERVICES,
THE SITE OR THE SOFTWARE OR YOU HAVE ANY DISPUTE WITH US IN CONNECTION WITH THE
THE SERVICES AND THE SITE AND UNINSTALL THE SOFTWARE.
15. THIRD PARTY LINKS AND PRODUCTS– VIA OR IN
CONNECTION WITH SERVICES AND THE SITE WE MAY PROVIDE YOU WITH LINKS TO SITES,
AND OFFERS FOR PRODUCTS AND SERVICES, OF THIRD PARTIES. WE HAVE NO CONTROL OVER SUCH SITES OR OVER
SUCH PRODUCTS AND SERVICES. WE ARE NOT
RESPONSIBLE FOR AND DO NOT ENDORSE (A) THE CONTENT OF SUCH THIRD PARTY SITES,
(B) THE PRODUCTS OR SERVICES OFFERED BY SUCH THIRD PARTIES OR (C) THE PRIVACY
AND OTHER PRACTICES OF SUCH THIRD PARTIES.
NOR ARE WE RESPONSIBLE FOR THE AVAILABILITY OF SUCH SITES OR PRODUCTS OR
SERVICES OFFERED BY SUCH THIRD PARTIES.
16. INDEMNIFICATION: Host shall indemnify and hold
weRlive.com, the owners, operators and suppliers of weRlive.com as well as their
officers, directors and employees (collectively "Indemnified
Parties") harmless, against any and all expenses and/or losses,
including reasonable attorney fees, incurred by the Indemnified Parties in
connection with any claims of any kind, that result directly or indirectly from
the Host's activities in connection with weRlive.com including without
limitation via the Communications System.
Such claims shall include, without limitation, claims in respect of any
violation of law in an HGCS (or in the content/information transmitted in the
HGCS) by the Expert or any participant, claims of infringements of the
intellectual property rights of any third party or claims that the Expert is or
was an employee of weRlive.com.
BREACH AND TERMINATION: Both Expert and weRlive.com may
terminate this Agreement at will subject to the fulfillment of all liabilities
and/or remaining obligations to the other party. In the event of a material
breach of this Agreement, such as Forbidden Emailing Activities, transmission
of Forbidden Content, Falsification of Document, fraud or any other illegal
activity, weRlive.com reserves the right to freeze the Host's account
immediately for further investigation and the Expert faces permanent
termination, cancellation and forfeiture of all credits from weRlive.com.
18. PENALTIES: Without derogating from the Site's
right to terminate this Agreement with Host, the Site reserves the right to
fine or otherwise penalize the Expert including without limitation by forfeiture
of outstanding or future credits/earnings in any case in which the Site
of the Site and/or any instructions given by the Site to the Host. Moreover, any Expert promoting a third party
site to guests of the Site may be penalized by the Site up to US$5,000 at its
19. CONFIDENTIALITY: Host shall keep in strict confidence
any and all materials and information regarding the weRlive.com technological
systems and business, commercial and marketing methods and trade secrets. This provision shall survive termination of
this Agreement by either party.
SEVERABILITY - To the extent that a court of competent
is/are unenforceable, the other terms of this Agreement will continue in full
force and effect.
WAIVER - No employee, agent or representative, including without
representation a customer service representative, of ours shall be entitled to waive any term of this Agreement.
HEADERS – Headers of sections in this Agreement are included for
convenience only and shall not be
used to interpret these the Agreement.