PRIVACY & TERMS

Welcome to Campaigner Privacy & Terms

OverviewCampaigner Training Policy

Welcome to Campaigner!

Last updated on 28 June 2016 (10h00)

For information purposes the following registration procedure will apply to activate your use of Campaigner. By using Campaigner, you are agreeing to the terms of the Agreement below. Please read them carefully.

Registration Procedure

To register for the use of Campaigner the following steps are required:

OTV will require a non-committing Campaigner Account Request from, that can be submitted here;

On receipt by OTV from you of the above Campaigner Account Request, a designated Account Manager of OTV will contact you to –

  • confirm the monthly Subscription applying to your Account based on the evaluation of information you submitted regarding the requirements applying to your organization; and
  • arrange with you suitable dates for the compulsory training by OTV of your designated Users of Campaigner.

Once the aforesaid monthly Subscription applying to your Account is accepted by you and the date/s for compulsory training of your designated Users is scheduled, you need to click on the “I ACCEPT” button whereby you confirm that you accept the terms and conditions of the Agreement below and whereby you irrevocably bind yourself to them;

On completion of the above registration process by you, payment for your first month’s Subscription must be made by you to OTV in accordance with the provisions of the Agreement to activate your use of Campaigner.

Thanks for using Campaigner!

OTV Campaigner Terms of Service

Campaigner (“Campaigner”) is provided by On The Verge (Proprietary) Limited (Registration Number 2015/261428/07) (hereinafter referred to as “OTV”), a company duly incorporated under the laws of the Republic of South Africa with business address at 12 Maasbanker Place, Randpark Ridge, Randburg, 2169, South Africa, and email address as hello@ontheverge.co.za.

By using Campaigner (and this site: campaigner.ontheverge.co.za), you are agreeing to these terms.

These OTV Campaigner Terms (this “Agreement”) are entered into by OTV and the entity executing this Agreement (“You”). This Agreement governs Your use of Campaigner. BY CLICKING THE “I ACCEPT” BUTTON AFTER COMPLETING THE REGISTRATION PROCEDURE SET FORTH IN SECTION 4 BELOW, COMPLETING THE REGISTRATION PROCESS, OR USING CAMPAIGNER. YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED, UNDERSTOOD AND ACCEPTED THIS AGREEMENT WITHOUT MAKING ANY CHANGES TO IT AND ARE AUTHORIZED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT, MEANING: YOU.

In consideration of the foregoing, the parties agree to the rest of the agreement (see tabs for details).

1. Interpretation

Unless inconsistent with the context of this Agreement, an expression which denotes:-

  • any gender includes the other genders;
  • a natural person includes an artificial person and vice versa; and
  • the singular includes the plural and vice versa.
  • The rule of construction, which implies that this Agreement shall be interpreted against the party responsible for the drafting or preparation of the Agreement, shall not apply.
  • Headings in this Agreement are for reference purposes only and accordingly do not form part of this Agreement and shall not be used for interpreting or construing any word, sentence, sub-clause or clause of this Agreement.
  • Any provision contained in any definition or recordal in/or annexure to this Agreement, which confers rights or imposes obligations on any party, shall be deemed to be a substantive provision of this Agreement even if no reference is made to such provision in the body of this Agreement and effect shall be given to such provision as if it were a substantive clause in the body of this Agreement.
  • Where the day on or by which anything is to be done is not a business day, it shall be done on or by the first business day thereafter.
  • If any period is referred to in this Agreement by way of reference to a number of days, the days shall be reckoned exclusively of the first and inclusively of the last day, unless the last day falls on a Saturday, Sunday or public holiday, in which case the last day shall be the next succeeding day which is not a Saturday, Sunday or public holiday, excepting that the foregoing shall not apply to the calculation of interest.
  • Where figures are referred to in numerals and words and there is any conflict between the two, the words shall prevail.
  • A reference to:
    • a party, in this Agreement or annexure hereto, shall include a party’s successors and permitted assigns;
    • an enactment is to that enactment as at the date of execution by You of this Agreement and as amended or re-enacted from time to time; and
    • a document includes an amendment or supplement to, or replacement or novation of that document.
  • Where any term is defined within the context of any particular clause in this Agreement, the term so defined (unless it is clear from the clause in question that the term so defined has limited application to the relevant clause) shall bear the meaning ascribed to it for all purposes in terms of this Agreement, notwithstanding that that term has not been defined in the interpretation for definition clause.
  • Where Value Added Tax is payable in respect of any transaction recorded in this Agreement and the Agreement is silent on the matter, then any payment consideration reflected in this agreement shall be including any applicable Value Added Tax.

2. Definitions

“You”

– mean the entity executing this Agreement whether You execute this Agreement in Your personal capacity or on behalf of any entity You represent. Should You execute this Agreement on behalf of any entity You represent, both You and such an entity shall jointly and severally be bound by the terms and conditions set forth in this Agreement.

“Account”

– means Your monthly Subscription, billed by OTV in accordance with the provisions contained in this Agreement and payable by You to OTV for the use of Campaigner upon the terms and conditions provided for in this Agreement.

“Agreement”

– means this Agreement as set out herein.

“Campaigner”

– means the Intellectual Property of OTV represented by the Processing Software effecting the operation of Campaigner provided to You herein for use in accordance with this Agreement.

“Documentation”

– means any accompanying documentation made available to You by OTV for use with Campaigner, including any documentation available to You on OTV’s Website.

“Confidential Information”

– means without limiting the generality of the term, any processing software, technical and/or scientific specifications, know-how, reporting modules, design, market information, applications, functions, and all other information and/or proprietary data related to Campaigner in whatever forms, whether or not subject to or protected by common law or statutory laws to copyright, patent, trademarks, registered or unregistered, or otherwise, disclosed or communicated to and/or acquired by You from OTV pursuant to this Agreement. However, Confidential Information will not include any information that is or becomes known to the general public, which is already in Your possession prior to disclosure by OTV or which is independently received by You without the use of Confidential Information or the breach of the terms and conditions of this Agreement.

“parties”

– mean the parties to this Agreement;

“Main License”

– means the license OTV issues to You herein for Your Head Office’s use of Campaigner in accordance with the provisions of this Agreement;

“Sub-License”

– means the license OTV issues to You herein for the use of Campaigner by Your Trading Operation/s in accordance with the provisions of this Agreement;

“Licensees”

– mean both Your Head Office and Your Trading Operation/s to which OTV issues licenses herein for the use of Campaigner in accordance to the provisions of this Agreement;

“Subscription”

– means Your monthly payment due to OTV in accordance with Your Account for the use of Campaigner upon the terms and conditions set forth in this Agreement.

“Fee”

– means any and all fees included in Your Subscription payable by You to OTV in terms of this Agreement;

“Head Office”

– means the controlling body of Your business to which OTV on Your request, on Your behalf, at Your sole risk and on Your Account issues a Main License herein for the use of Campaigner in accordance with the provisions of this Agreement.

“Trading Operation”

– means any business operation in which You have or acquire an interest, directly or indirectly, either via a shareholding, a franchise arrangement of any kind, and/or through any other means whatsoever, to which OTV on Your request, on Your behalf, at Your sole risk and on Your Account issues a Sub-License herein for the use of Campaigner in accordance with the provisions contained in this Agreement.

“Operation Principal”

– means any Manager who is in charge of a Trading Operation whether or not such a Manager has executive powers.

“Trainee”

– means any of Your or Your Trading Operation’s employees who is earmarked by You or an Operation Principal to receive compulsory training by OTV to become a designated User of Campaigner in accordance with the provisions of this Agreement.

“User”

– means any Trainee to whom OTV, after he/she received compulsory training by OTV on the use of Campaigner, issues login credentials as a designated User of Campaigner, which aforesaid issue will be at Your request, on Your behalf, at Your sole risk and on Your Account in accordance with the provisions of this Agreement.

“Customer data”

– means the data You collect, process or store using Campaigner.

“Processing Software”

– means the Campaigner server-side software and any upgrades, which analyzes the Customer Data and generates the Reports displayed by Campaigner for Your information.

“Report”

– means the resulting analysis displayed by Campaigner due to Customer Data You uploaded unto Campaigner.

“Server”

– means the server/s on which the Processing Software and Customer Data are stored by OTV.

“Third Party”

– means any third party other than Your officers, employees and Trading Operation/s (including employees of Your Trading Operation/s) who has not become a designated User of Campaigner in accordance with the provisions of this Agreement.

The words “include” and “including”

– mean “including but not limited to.”

“Software”

– means the coded program effecting the functioning of Campaigner.

“month”

– means a calendar month.

“monthly”

– means the succession of calendar months following one after the other.

“Effective Date”

– means the date upon which this Agreement is executed by You.

“license period”

– means the period from the Effective Date to the Termination Date.

“Termination Date”

– means the day upon which either You or OTV cancel Your Subscription.

3. Subscription

Your use of Campaigner is subscription based. You have the choice to effect payment of Your monthly Subscription to Campaigner either through OTV’s payment gateway or an Electronic Funds Transfer (EFT). Upon You, submitting to OTV a Campaigner Account Request, completing the registration process as set out in Section 4 below, and clicking on the “I ACCEPT” button, Your first month’s Subscription is payable by You to OTV on the date of execution by You of this Agreement online, which date will be the Effective Date in terms of the provisions of this Agreement, and will the first month’s Subscription be prorated to apply from the Effective Date to the end of the month in which this Agreement is executed by You. Your subsequent monthly Subscriptions thereafter will be payable by You to OTV by not later than the 1st (first) day of every month of the license period, and will OTV email Customer Renewal Invoices to You prior to the date on which each of the aforesaid monthly Subscriptions become due. Should You wish to cancel your Subscription, i.e. you would not like to extend it with a similar extension to Your existing one, then you need to cancel it Yourself in accordance with the provisions of Section 16 below. No exceptions will be made in this regard and if Your Subscription payment is automatically renewed OTV will assume that You have done so with Your express permission. Should You choose to cancel Your Subscription, the provisions of Section 16 below will apply. No refunds whatsoever will be given for scheduled Subscription payments, except in the case it is due to billing errors caused by OTV. Your current payment plan, method and next payment date is available to view on Your Subscription page.

4. Registration & Account

To register for the use of Campaigner the following steps are required:

  1. OTV requires a non-committing Campaigner Account Request from You by clicking on the available link: campaigner.ontheverge.co.za/register. You need to complete the required information as prompted by the Campaigner Account Request and submit the same to OTV.
  2. On receipt by OTV from You of the above Campaigner Account Request, a designated Account Manager of OTV will contact You to –
  3. confirm the monthly Subscription applying to Your Account based on Your choice of the Campaigner options made available by OTV, the number of Your Trading Operations and Users within Your organization; and
  4. arrange with You suitable dates for the compulsory training by OTV of Your designated Users of Campaigner.

Once the aforesaid monthly Subscription applying to Your Account is accepted by You and the date/s for compulsory training of Your designated Users is scheduled, You need to click on the “I ACCEPT” button whereby You confirm that You accept the terms and conditions of this Agreement and whereby You irrevocably bind Yourself to them;

On completion of the above registration process by You, payment for Your first month’s Subscription must be made by You to OTV in accordance with the provisions of Section 3 above to activate Your use of Campaigner.

You will take full responsibility for protecting Your Password and login credentials to Campaigner, including any and all activities that occur under Your Account. You will notify OTV immediately upon learning of any unauthorized use of Your Account or any other breach of security.

5. Restrictions of The Use of Campaigner

You may not resell, lease or share with any third party any license for the use of Campaigner issued to You by OTV in terms of this Agreement, and You may not resell, lease, publish and/or share with any third party login credentials to Campaigner for any reason whatsoever. You will also not allow two or more Users to use Campaigner on the same login credentials; in doing so the Reports produced by Campaigner will be incorrect and may cause You to implement decisions and/or strategies based on distorted information.

You may only disclose Confidential Information related to Campaigner and acquired from OTV during the license period to Your officers, employees, and Trading Operations (including employees of Your Trading Operations) if such disclosure is reasonably necessary, provided You agree:

  • That OTV, at its sole discretion, will decide what necessary Confidential Information is deemed sufficient by it to disclose to You for the use of Campaigner, and will You not disclose the same nor any other Campaigner related Confidential Information to any third party for any reason or purpose other than that and to the extent which is provided for in this Agreement without the prior written consent of OTV;
  • Not to utilise, employ or in any other manner whatsoever use the Confidential Information disclosed pursuant to the provisions of this Agreement for any purpose whatsoever other than for purposes of this Agreement, without the prior written consent of OTV; and
  • That the unauthorised disclosure of Confidential Information to a third party other than that and to the extent which is provided for in this Agreement may cause irreparable loss, harm and damage to OTV. Accordingly, You indemnify and hold OTV harmless against any loss, action, expense, claim, harm or damage, of whatever nature, suffered or sustained by OTV pursuant to a breach by You of the provisions of this Agreement.

You shall ensure that any of Your officers, employees, Trading Operations, employees of Trading Operations, professional advisors, agents, consultants or other persons who may have the opportunity of receiving or having access to any of the Confidential Information of OTV are bound by this Agreement. You agree to use Your best endeavours to ensure that such officers, employees, Trading Operations, employees of Trading Operations, professional advisors, agents, consultants or persons will be bound by this Agreement even after their relationship with You has been terminated.

Nothing in this Agreement shall constitute, or be deemed to constitute, a joint venture between the parties hereto. You shall not have any right, authority or power to bind OTV, including any of its officers or employees, in any way or for any purposes at any time. Nothing in this Agreement or in the conduct of the parties hereto or in giving effect to the provisions hereof shall be construed as creating any kind of partnership or joint venture between the parties, and You agree that the relationship between the parties hereto is one of independent contractors.

OTV issues to You a limited, revocable, non-exclusive, Main License to use Campaigner subject to the provisions of this Agreement. You may not under any circumstance whatsoever issue a Sub-License of this Main License to any third party other than to Your Trading Operation/s as defined in this Agreement. You will not under any circumstances violate the provisions set forth in Section 7 below. You will comply with all applicable laws and regulations in Your use of and access to Campaigner, its Confidential Information, its Software, its related Documentation and Reports.

OTV reserves the right without restriction to cancel Your Subscription and revoke Your access to and use of Campaigner at any time and for any reason during Your license period with a prorated refund (if applicable).

6. Confidentiality

You will not use or disclose OTV’s Confidential Information without its prior written consent except for the strict purpose of performing Your obligations under this Agreement or if compelled by law, regulation or court order; in which case You will give OTV as much notice as is reasonably practicable prior to disclosing the Confidential Information.

Subject to the terms of the Privacy Policy recorded in this Agreement, OTV may retain and use information collected in Your use of Campaigner for the sole purpose to assist You and Your Trading Operation/s in the more effective use of Campaigner and will OTV not share such information or Customer Data with any third parties except if it is required by law or in the event it has a good faith belief that it is necessary to protect its rights, property or safety.

7. Proprietary Rights

Campaigner, which includes the Software and all Intellectual Property Rights therein are, and will remain, the property of OTV. All rights in and to the Software are reserved and retained by OTV without restriction, including, OTV’s right to sole ownership of the Software, Documentation and Confidential Information related to Campaigner. Without limiting the generality of the foregoing, You agree not to (and not to allow any of Your Trading Operations including any or third party to):

  1. sublicense, distribute, or use Campaigner or its Software outside the scope of the Main License issued to You by OTV in this Agreement;
  2. copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Software or otherwise attempt to discover any source code or trade secrets related to Campaigner;
  3. rent, lease, sell, assign or otherwise transfer rights in or to the Main License and/or Sub-License, Software and Confidential Information related to Campaigner;
  4. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of Campaigner or its Software;
  5. use the trademarks, trade names, service marks, logos, domain names and other distinctive brand features or any copyright or other proprietary rights associated with Campaigner for any purpose without the express written consent of OTV;
  6. register, attempt to register, or assist anyone else to register any trademark, trade name, serve marks, logos, domain names and other distinctive brand features, copyright or other proprietary rights associated with OTV or Campaigner;
  7. remove, obscure, or alter any notice of copyright, trademark, or other proprietary right appearing in or on any item included with Campaigner;
  8. use data belonging to a third party for processing by Campaigner;
  9. seek, in a proceeding filed either during the license period of this Agreement or any time thereafter, an injunction of any portion of Campaigner based on patent and/or intellectual property infringement.

8. Responsibilities & Support

OTV will assign to You an Account Manager to assist and provide You with support in using Campaigner. Such assistance and support will be subject to OTV’s “Support Policy.” This Policy includes the following:

  • a 24/7 support center (available from within your profile) with a maximum 48-hour response time at which You can lodge email requests for assistance and/or support by OTV’s Account Manager with regard to any matter related to Your Campaigner use, including any Account queries You may have; and
  • OTV’s ongoing commitment to assist You in using the available features and reporting modules of Campaigner optimally. In this regard OTV’s Account Manager will constantly monitor the activities of Your Users on Campaigner in order to provide guidance in the more effective use of Campaigner with higher sales volumes for Your organization in mind. To achieve this, the Account Manager may, at his/her sole discretion, email to You a detailed monthly report in which areas for improvement are highlighted and discussed.

Campaigner will be hosted and managed by OTV on an allocated and secured shared hosting server with an Internet Service Provider nominated by OTV. Should Campaigner be offline at any time during the license period for any reason other than that which is required by the hosting server and/or OTV for the necessary maintenance of the same to benefit any users thereof, OTV will implement its best endeavours to restore the online status of Campaigner as soon as is practically possible. The maintenance of the Campaigner by OTV, which may require the same to be offline, will be done during 23h00 and 06h00 on any given day throughout the license period.

Should any malfunctioning of Campaigner occur at any time during the license period, You must without delay notify OTV of such malfunctioning via email. Upon receipt by OTV of the aforesaid notice, OTV will investigate the reasons for the malfunctioning and should it find that the malfunctioning occurred for reasons other than any exterior interference therewith in terms of Section 7 above, restore the proper functioning of Campaigner as soon as it is practically possible.

9. Privacy Policy

Each party agrees to protect the personal information and Confidential Information of the other party hereto using the same standard of care used to safeguard its own information of a confidential nature and that the personal information and Confidential Information shall be stored and handled according to the requirements of any applicable law and in such a way as to prevent any unauthorised disclosure thereof without the other party’s prior written consent.

10. Disclaimer of Warrenties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, OTV MAKES NO OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT.

11. Login Credentials & Information

Login credentials will be issued by OTV to each individual designated User of Campaigner permanently employed by Your Head Office or Your Trading Operation/s, subject thereto that such a User has received his/her training by OTV in the use of the Campaigner in accordance with the provisions of this Agreement and further subject thereto that OTV has received full payment from You for the applicable User Fees.

You will be allowed to add a new or remove an existing Trading Operation/s and/or User/s at any time during the license period by giving OTV 7 (seven) business days written notice thereof via email and will the following apply in such instances:

  • OTV will in the case of removing an existing Trading Operation/s or a User/s adjust Your monthly Subscription accordingly, subject thereto that all fees payable by You to OTV in terms of this Agreement are paid in full. No prorated refunds with regard to Sub-License or User fees will apply for any balance of the month in which a removal of the aforesaid is implemented by You. In the case of removing a Trading Operation/s, all of the historical Report data relating to the removed Trading Operation/s will no longer be available to You, and will OTV not be obliged, without any restriction, to make such historical Report data available to You; and
  • OTV will in the case of adding a new Trading Operation/s or User/s adjust Your monthly Subscription accordingly, subject thereto that all fees payable by You to OTV in terms of this Agreement are paid in full. For any of the aforesaid additional Trading Operations or Users the first month’s Subscriptions will be prorated to apply for the balance of the month in which any addition is implemented, whilst all subsequent monthly Subscriptions for such additions will be fixed according to OTV’s applicable rates at the time and will the same be added to Your monthly Subscription payable by You to OTV in terms of this Agreement. The applicable login credentials to be issued by OTV in terms of this Agreement will only be issued by OTV to any new User/s after the same has completed the compulsory training by OTV on the use of Campaigner as provided for in this Agreement and after OTV has received full payment from You for the applicable User Fees.

To enable OTV to register Your Licensees and designated User/s of Campaigner on its data base, You will submit to OTV’s Account Manager relevant information in order to do so.

12. Training of Users

The compulsory training of Your designated Users of Campaigner will be conducted by OTV. OTV’s terms and conditions for the aforesaid compulsory training are set out in OTV’s Policy for the training of Users and will the same be binding on You as an integral part of this Agreement. This training Policy is made available to You by following this link.

13. Modification to Campaigner and Terms

OTV reserves the right without restriction to modify Campaigner and/or change these terms and conditions at any time. OTV will update modifications to Campaigner or changes to these terms and conditions at http://campaigner.ontheverge.co.za/privacy-terms/. Such aforesaid modifications and/or changes will not apply retroactively and will become effective no sooner than 14 (fourteen) days after they are updated. If You do not agree with the updated modifications to Campaigner or changes to these terms and conditions, You should terminate Your use of Campaigner. No amendment or change to this Agreement will be binding unless

  1. in writing and signed by an authorized representative of OTV, or
  2. You continue to use Campaigner after any updates are made by OTV and reflected on the above applicable link.

14. Governing Law, Severability and Notices

This agreement shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa. You hereby consent and submit to the jurisdiction of a relevant magistrate’s court, notwithstanding that the amount claimed or the value of the matter in dispute exceeds such jurisdiction without prejudice to the rights of any party herein to initiate action elsewhere or in a court of superior jurisdiction.

The agreements and undertakings of the parties contained in this Agreement will each be construed as an agreement and undertaking independent of any other provision of this Agreement. You hereby expressly agree that it is not the intention of any party to violate any public policy, statutory or common law, and that if any sentence, paragraph, clause or combination of the same is in violation of the law of the Republic of South Africa, such sentence, paragraph, clause or combination of the same alone will be void in the jurisdiction where it is unlawful, and the remainder of such clause and this agreement will remain binding upon the parties hereto. You further acknowledge that it is the intention of the parties that the provisions of this agreement be binding only to the extent that they may be lawful under existing applicable law of the Republic of South Africa, and in the event that any provision hereof is determined to be overly broad or unenforceable, You agree to the modification of such provisions to the minimum extent required to make them valid and enforceable.

The parties choose as their domicilium citandi et executandi their respective addresses set out in this Section for all purposes arising out of or in connection with this Agreement at which addresses all the processes and notices arising out of or in connection with this Agreement, its breach or termination prior to the Termination Date may validly be served upon or delivered to the parties.

For the purpose of this Agreement the parties’ respective addresses will be:

  • For OTV as set out on the first page of this Agreement;
  • For You as set out on the Account Billing Detail entered by You during the Checkout Process;
  • or at such other address in the Republic of South Africa, not being a post office box or poste restante, of which the party concerned may notify the other in writing.

Any notice given in terms of this agreement will be in writing and will:

  • if delivered by hand be deemed to have been duly received by the addressee on the date of delivery;
  • if posted by prepaid registered post be deemed to have been received by the addressee on the 8th (eighth) business day following the date of such posting;
  • if given by email be deemed to have been received by the addressee 1 (one) business day after dispatch.

Notwithstanding anything to the contrary contained in this Agreement, a written notice or communication actually received by one of the parties from another will be adequate written notice or communication to such party.

15. Miscellaneous

OTV will be excused from performance in this Agreement to the extent that performance is prevented, delayed or obstructed by causes beyond its reasonable control. This Agreement, including (i) Your signed acknowledgement of the monthly Subscription which applies to Your Account for the use of Campaigner, and (ii) OTV’s Training Policy as set out in the link provided to You in Section 12 above, both of the aforesaid (i) and (ii) forming integral parts of this Agreement, represents the complete agreement between You and OTV concerning its subject matter, and supersedes all prior agreements and representations between the parties. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of Your rights in this Agreement without OTV’s prior written consent, and any such attempt is void.

16. Termination

Any party may terminate this Agreement at any time by giving the other party 7 (seven) days written notice. Upon any termination of this Agreement, OTV will stop providing access to Campaigner, and You will stop accessing Campaigner; and You will delete all copies of any matter related to Campaigner in Your possession and certify thereto in writing to OTV within 3 (three) business days of such termination. In the event of any termination (i) You will not be entitled to any refunds of any fees, (ii) any outstanding balance pertaining to Your monthly Subscription for the use of Campaigner up and until the date of termination payable by You to OTV in term of this Agreement will immediately become due and payable by You to OTV in full, (iii) all of Your historical Report data will no longer be available to You, and will OTV not be obliged, without any restriction, to make Your historical Report data available to You, and (iv) safe for the termination of Your monthly Subscription, in which case You agree that such termination will automatically also terminate any right You may have in terms of this Agreement, will all other terms and conditions recorded in this Agreement survive any termination hereof.

17. Indemnification

To the extent permitted by applicable law, You will indemnify and hold harmless OTV from any and all third-party claims, actions, proceedings, and suits brought against OTV or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, reasonable attorneys’ fees and other litigation expenses) incurred by OTV or any of its officers, directors, employees, agents or affiliates, arising out of or relating to

  1. Your breach of any term or condition of this Agreement,
  2. Your use of Campaigner,
  3. Your violations of applicable laws, rules or regulations in connection with the use of Campaigner,
  4. any claims made by or on behalf of any Third Party pertaining directly or indirectly to Your use of Campaigner, the Software or Reports; and
  5. violations of Your obligations of privacy to any Third Party.

18. Limitation of Liability

TO THE EXTENT PERMITTED BY APPLICABLE LAW, OTV WILL NOT BE LIABLE FOR YOUR LOST REVENUES OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF OTV HAS BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY. YOU AGREE TO HOLD OTV HARMLESS AGAINST ANY CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT.

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