Terms and Conditions
Welcome to ByteBox Media. We are happy to have you here and we hope you enjoy your stay with us. When we say “we”, “us”, “ByteBox” or “ByteBox Media” it’s because that’s who we are and we own and run the ByteBox Media network of websites.
ByteBox Media are a software development company based in the United Kingdom. We are a limited company (BYTEBOX MEDIA LIMITED) and we trade under the name of ByteBox Media. In order to transact, purchase and subscribe to any of our products or services you will require an account on our website network system.
Our network website system consists of a number of domains. They are all hosted on the same network and they all share the same database. This allows for a single-sign-on. One central location for managing your account and information. This also negates the idea of having multiple accounts for each domain.
During your time with us you agree to follow the ground rules outlined in these terms so please read and understand them. If you do not accept the terms then even though we will be sad, you will need to leave because your presence on and use of the ByteBox Media network sites is conditional on your acceptance and bound by these terms and acceptable use policies whether you are a member or not.
In addition to these terms and conditions, we ask of you to be humble and respectful towards members of staff, the company and our other users.
ByteBox Media Network Sites
You agree not to hotlink or download any copyrighted media from our websites without prior written consent. You also agree not to deface, remux or remix any media from our website without prior permission, whether you are a member or not.
You need to be 13 or over to browse our websites. We don’t knowingly collect any information from anyone who is aged 16 or under. You must be 18 or over to hold a membership account with us or purchase any items, products or services. You agree to these terms and conditions upon signup or registration to become a member.If you are under 18, you will need to get a parent or guardian to buy items, products or services from us, with their permission and this adult will be responsible for all your activity on the network sites, products and services.
Unless otherwise stated, ByteBox Media and/or it’s licensors own the intellectual property rights for all material on ByteBox Media. All intellectual property rights are reserved. You may view and/or print pages from https://gamelaunchercreator.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
Republish material from https://gamelaunchercreator.com
Sell, rent or sub-license material from https://gamelaunchercreator.com
Reproduce, duplicate or copy material from https://gamelaunchercreator.com
Redistribute content from ByteBox Media (unless content is specifically made for redistribution).
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time.
By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.
Removal of Links or Content
If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.
If you wish for content removal, please contact us directly at byteboxmedia.co.uk and we will be happy to look into your request.
We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims rising our of or based upon your website. No link(s) may appear on any page of your website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation f any third party rights.
Single User licenses mean, that license key assigned to you upon purchase of said product or service belongs to you (the purchaser) and you only. You are not permitted to share, transfer ownership, sell or rent this license key to any other individual or company. It is for use by you and you only. This means you must only use the product or service to which this key is applicable to.
Team Licenses mean, there will be 1 or more license keys assigned to you upon purchase of said product or service. You will have a limit on the amount of licenses you can use. Team licenses are essentially, single user licenses. This means you can distribute each individual key to one individual person and for each key, the clause above (Single User Licenses) applies.
License keys are generated by us and are owned by us (ByteBox Media). A license key grants you permission, as set out in these terms and conditions, and for the end user license agreement of that particular product, allowing you the use of the product under license.
You are in no way permitted, without exception, to sell or re-sell a license key. You are not permitted to “transfer ownership” of a license key to another individual or company. You are not permitted to reveal your license key to anyone or any company. Your license key should be kept safe and secure. Please do not share your license keys.
You agree before purchase that any product or service that requires a license key, will be checked against our databases every time you 1) install the license key and 2) every time you run the software. You must be connected with a valid internet connection in order to use our products and services. Some products may refuse to run if no valid internet connection is available or they are unable to ascertain information from our servers and databases. Please ensure you allow our software to run through any firewalls you may have in place.
The only data sent/received from our servers is your IP address and license keys.
Commercial use for licenses means you are permitted to use the software for your own commercial projects, unless exclusively set out otherwise in any additional terms by us. You are not permitted to use the license or the product or service to use for other’s commercial projects. In laymans terms, you are not allowed to us our standard single-user or team licenses for commercialisation via websites like Fiverr or Freelance websites, or any similar markets.
Each product or service comes with it’s own terms and conditions and end user license agreement that you agree to before purchase, installation and use of said product or service.
Most of our licenses enable you to use the product or service for personal use. This means you have no monetary gain from the use or output, or builds of the end product created using any of our products or services.
Some of our products and services have the option of a “Vendor License”. This license enables you to use the software commercially or in a commercial environment. Each product or service has terms and conditions set of it’s own which you can review and read through on the relevant network website.
Our Store website accepts PayPal and Stripe payments. We use PayPal and Stripe merchant services to accept payments. These are the two most reliable and secure payment methods. Our network websites run with secure socket layer connections and we use valid SSL certificates which means your data is encrypted and safe when purchasing through our network websites.
You are liable for any conversion currency costs. We have no control over payment processors conversion rates or your financial institution’s fees. Your bank may charge you additional fees. You are liable to cover these costs or fees.
You warrant to us that you have carefully considered the suitability of your chosen products, services and licenses before purchase. You agree that once a purchase is made you cannot cancel a completed purchase.
If you purchase a digital software product which produces a unique license key for you as a user, you are entitled to a 14-day money back guarantee, provided you have not installed the software and/or activated the license key.
Once the product or service has been installed and the license activated, refunds are not permitted and you waiver your rights to the 14-day cooling off period as based on UK Consumer Law. If however, you haven’t installed and activated the software and decide you want a refund, we can honour a refund.
We urge all of our customers to sift through our network and product websites and look at the feature list of our software, the minimum and recommended system requirements and look at the screenshots and videos available showcasing the software application off, how it looks, how it works and get useful insight before purchasing. You agree to these terms and conditions before purchasing (they are featured on the checkout) and you also agree to the End User License Agreement of that particular product or service before installing the software to your computer or using the website associated with the service or product.
General statements are not an actual complaint. For example “it’s not what I thought” or “I can’t use this” or “I wanted to trial the software” are not acceptable. If you do not understand how the software works, please consult our customer support team 24 hours a day in our Discord server.
If you are unsure about something before purchase, please ask one of our live chat agents or ask inside our Discord server where we have support staff and hundreds of other users online who are willing to answer any questions you may have.
Templates, Graphics, Audio Packs and other assets that are not listed as a “software product” are non-refundable, downloadable assets. If the product is from a third-party vendor and they agree to provide a refund, we shall honour that. By default, refunds will not be given for any digital asset which is not listed as a “software product”.
Service contracts are non-refundable.
If any of your users are experiencing problems or difficulties with your end product created with our software products or services, we cannot and will not be held liable to support them. Our support lies with you (the user/licensee) and we can support you but we will not extend support to third parties who are not members or valid license holders of our products or services.
Subscriptions can be purchased (enrolled, activated, paused). Some products or services may come with a subscription. Upon initial activation of a subscription, the above refund clause is applicable. You have 14 days to request a refund, providing the product or service has not been downloaded, installed or activated including the digital product and/or license keys.
You have the right to suspend or cancel your subscription at any time. Please login to the ByteBox Media store or relevant network or service website and go to Account > Subscriptions to see your options. You may cancel a subscription immediately so that it doesn’t rollover or “renew” at the first renewal date.
You are responsible for managing your subscriptions on our network website. We are more than happy to help should you need any assistance, please contact us. We don’t believe in tying members down, but please be aware that subscriptions are your responsibility. If you do not renew your subscription, your products or services may be suspended, license keys may be retracted, removed or deleted.
We believe in fair terms and here are some case examples to assist you.
You purchase a single-user software license with 12 months support and updates with a lifetime license
This means you are entitled to 12 months support from us and all updates to that software product for the 12 month duration. When the 12 months is up, you must renew your subscription in order to be applicable for a further 12 months of updates and support.
However, you have purchased a lifetime license and this license grants you lifetime use of the software up to the version available when your subscription runs out. So if you first purchase a 12 months subscription and the software version is v1.1 and after your initial 12 months subscription, the version is v1.5 and you cancel the subscription, you will still be able to use v1.5. To be applicable for the latest updates and support, you will need to reactivate your subscription.
With regards to support for subscriptions, what we mean by this is, you will always be entitled to access help and support for the product via our website documentation for lifetime. However, priority is given via email and via our Discord server to those with an active subscription.
When a subscription is due for renewal, you will receive an email of the upcoming renewal. It is up to you to ensure the funds are available for the renewal or for you to cancel the renewal before the due date.
We are more than happy to discuss all of this with you before you purchase, just in case there is any confusion. Please visit us in our Discord server or send us an email directly to completely iron out any questions you may have.
If you are accepted as a seller into our seller programme you are agreeing and are subject to the terms and conditions outlined below.
Payouts will be made for a set month, two months later. For example, if you sell 20 items in January, you will be eligible for the commission pay-out of these items in March.
To request a payout, you can open a payout ticket inside our Discord server, or you can email us directly firstname.lastname@example.org.
You are permitted to only open one payout ticket a month (or every 30 days).
Your commission rate is set as per the amount stated on the seller application form.
You are to be paid out via PayPal if you have a valid PayPal account. You are liable for any additional PayPal fees on commission payouts.
We reserve the right to refund a customer if the product doesn’t follow these terms and conditions or if we think the customer has a right to a refund. Commission will be void for sales that end up refunded or disputed without win.
When you open your payout ticket, you can request a list of sales for that period. For example, if you open your payout ticket in March, we can provide you a list of sales for January and what is to be expected to be paid out to you.
We reserve the right to terminate the vendor programme agreement with you at any time without reason.
When you purchase a product from our store, you can see who the Vendor for that product is. We have our own products and third party sellers also sell their products on our store. On a product’s page, scroll down to see who the Vendor is.
These terms and conditions apply to all purchases from all sellers and all products listed on the store. It is at the seller’s discretion if this wish to provide you with a refund.
Users, account holders, members are entitled to enrol into our affiliate program. This enables you to advertise links to the store website with your affiliate code in the link. When a customer clicks on your link, it will set a cookie on the users computer. This enables our system to track the sale. Once a sale has been successful using your affiliate code and the cookie set, this enables you to be entitled to a % of that sale.
Each product has it’s own percentage. You can check those after successful registration and acceptance into the program.
The base rate is 10% unless otherwise specified.
Products entitled to commission from sales are “Software Products” on the store. Not all products are eligible for commission from sales.
You will only accrue a valid payout window 60 days after successful completion of the sale. Chargebacks and refunds will retract that particular sale and will invalidate the commission from that sale.
You are entitled to put in a payout request once a month.
Affiliate cookies are valid for 3 months. After this, the cookie expires and a customer would need to click on your affiliate link again in order for it to become valid.
ByteBox Media reserves the right to withdraw the affiliate agreement with any person(s) at any time for any given reason. We have the right to terminate your account for reasons including, but not limited to, suspected fraud, fraud clicks, click-baiting, spam or forced clicks. Fraudulent clicks maybe detected by our system which may invalidate your code for sales.
This Independent Marketing Affiliate Agreement (“Agreement”) is made this day by and between ByteBox Media Ltd and the applicant (“Affiliate”).
Whereas Company desires to engage independent marketing affiliates to market the products of Company, and Affiliate desires to engage in such services, Affiliate and Company (also referred to herein as “Party” in the singular and “Parties” in the plural) desire to define the terms and conditions applicable to Affiliate’s performance of such services. Company and Affiliate agree as follows:
- Length of Agreement. This agreement can be terminated at any time at the end of a billing cycle by either party.
- Enrollment. The parties agree with regards to the enrollment of Affiliate under this Agreement as follows:
A. Affiliate desires to enroll as one of Company’s independent marketing affiliates to market product (“Products”) on behalf of Company.
B. Affiliate understands and agrees that this Agreement has no force or effect until Company accepts Affiliate by notice to Affiliate.
C. Affiliate understands and agrees that Company may reject Affiliate’s enrollment for any or no reason and that Company is not obligated in any fashion to provide a rejection reason to Affiliate.
D. Affiliate understands that Affiliate’s relationship with Company, should Company accept Affiliate, is non-exclusive in nature and that Company may engage other such independent marketing affiliates at Company’s sole discretion.
- Responsibilities of Affiliate. Affiliate shall satisfy the following responsibilities at all times during the term of this Agreement:
A. Affiliate shall use best efforts to provide services, in a manner consistent with the standards generally observed by a professional in the industry to which such services performed can be classified, in accordance with the terms and conditions set forth.
B. Affiliate shall exhibit and conduct behavior in a manner consistent with the high image, reputation and credibility of Company and Company Products, and shall engage in no activities that reflect adversely on Company or Products.
C. Affiliate shall not represent to any other party that Affiliate is a sales representative of Company or that Affiliate has any authority to bind the Company in any fashion. While Affiliate may make simple endorsements of Company Products, Affiliate will not make any fact assertions or other representations regarding Company Products.
D. Affiliate shall strictly follow the guidelines as provided by the Company as to the marketing of Company Products. Company will provide basic promotional materials to Affiliate at no cost. Affiliate shall only use these promotional materials, and Affiliate may not modify these promotional materials in any fashion without express written consent from Company. If Affiliate wishes to purchase additional promotional materials from Company, Affiliate may do so strictly at Affiliate’s expense. Affiliate may place promotional materials within Affiliate’s place of business in a conspicuous area of Affiliate’s own choosing. Affiliate shall at all times honor the trade names, trademarks, and copyrights as exists in these promotional materials.
E. If Affiliate has an Internet presence, Affiliate may link to Company’s website via Internet link methods or by email. To provide such a link, Affiliate shall follow all instructions as found on Company’s website to properly receive credit for referrals originating from Affiliate’s website or email. Affiliate will be allowed to place a short description or endorsement of Company Products on Affiliate’s website or in an email. Affiliate may add or remove Internet links or emails at any time, without prior notice to Company, subject to the other provisions of this Agreement. Affiliate shall be solely responsible for the development, operation, and maintenance of Affiliate’s website and for all materials that appear on such website, including the installation of Company Internet links. Affiliate agrees not to advertise Company Products on websites that promote sexually explicit material, violence, pirated materials, or sites that promote discrimination based on race, sex, religion, national origin, or physical disability or sites that promote illegal activities. Affiliate may only include a Company Internet link in email that has been “opted-in” by the end recipient; Affiliate shall not send Company Internet links through any form of bulk mail or Internet spam. Affiliate shall not provide Company Internet links to any third-party.
F. Affiliate will comply with all applicable federal, state, and local laws in performance of Affiliate’s duties under this Agreement.
- Scope and Limitations of Affiliate’s Authority. The parties agree as follows with regards to the scope and limitations of Affiliate’s authority under this Agreement:
A. Affiliate shall market Company Products in the geographic territory and industry segment designated on Exhibit A (“Territory”). Affiliate shall not market Company Products in any other geographic territory or industry segment, without prior consent of Company. Company shall have the right, from time to time, at its sole discretion, to change the scope of the Territory. In any such instance, Company shall issue a new Exhibit A to Affiliate reflecting such change, which shall, as of the effective date stated thereon, supersede the prior Exhibit A. Affiliate acknowledges and agrees that it neither has, nor will acquire, any vested or proprietary right or interest with respect to the Territory, any Company customers in the Territory, or any Company customer lists. Affiliate further acknowledges and agrees that any goodwill accruing in the Territory during the term of this Agreement with respect to Company or Company Products shall be considered the property of Company rather than Affiliate.
B. Affiliate has no authority to solicit or otherwise accept orders on behalf of Company. Affiliate shall have no right or authority to obligate Company to sell Products to any party.
C. Affiliate shall have no authority to discuss or otherwise modify any such prices, credit terms, sales programs or other terms or conditions of sale, to authorize any customer to return Products to Company for credit, or to obligate or bind Company in any other manner.
D. Affiliate at no time shall engage in any unfair trade practices with respect to Company or Products, and shall make no false or misleading representations with respect to Company or Products. Affiliate shall refrain from communicating any information with respect to guarantees or warranties regarding Products, except such as are expressly authorized by Company or are set forth in Company’s literature or other promotional materials.
E. Affiliate shall have no authority to receive payments or otherwise make collections from any party on Company’s behalf.
- Compensation. The parties agrees as follows with regards to the Compensation paid to Affiliate under this Agreement:
A. The sole and exclusive compensation to be paid by Company to Affiliate in consideration for all services rendered by Affiliate as an independent marketing affiliate for Company shall be Compensation Schedule as identified in Exhibit B which explains amounts and payment dates. Company shall have the right, from time to time, at its sole discretion, to modify this percentage, in whole or in part. In any such instance, Company shall notify Affiliate within thirty (30) days of such change.
B. Affiliate shall receive no compensation under any circumstances with respect to i) any unaccepted orders, ii) any orders received after termination of this Agreement, and iii) any orders shipped after thirty (30) days after termination of this Agreement.
C. Company shall furnish Affiliate an online system reflecting the status of Affiliate’s Compensation account. If Affiliate has objections ,regarding its accuracy, completeness or any other matter, Affiliate shall make such objection(s) known to Company in writing within thirty (30) days after the date of such transation. IF AFFILIATE DOES NOT PROVIDE SUCH OBJECTION WITHIN THE THIRTY (30) DAY PERIOD, SUCH OBJECTIONS SHALL BE DEEMED WAIVED AND ABANDONED.
D. Notwithstanding anything contained in this Section, any Compensation otherwise becoming earned and due to Affiliate as of the termination of this Agreement, or thereafter, may be withheld by Company and shall become due, if at all, only after a final reconciliation is performed by Company. Company shall conduct such reconciliation within sixty (60) days after the termination date of this Agreement (“Reconciliation Date”). In lieu of withholding the entire amount of such Compensation, Company may, at its option, withhold only that portion as Company deems necessary for its financial protection. Company shall debit Affiliate’s Compensation account on the Reconciliation Date for the Compensation allocable to any outstanding invoices applicable to customers received through Affiliate, which Company believes are not collectable or in jeopardy of non-payment. If the debits allocable to such invoices, together with any other debits not previously offset against Compensation do not exceed the amount of any remaining Compensation otherwise payable to Affiliate, the difference between the remaining Compensation and the outstanding debits then shall be considered earned and due, and thereupon shall be paid by Company to Affiliate. If all outstanding debits exceed the remaining Compensation, no additional Compensation shall be considered earned and due, and Affiliate shall be required to pay Company the difference between such outstanding debits and the remaining Compensation, upon receipt of Company’s statement. After the Reconciliation Date, no additional Compensation shall become earned and due to Affiliate, and Company shall not be entitled to issue any additional debits against Affiliate’s Compensation account.
- Ownership of Work Product, Employees, Warranty and Indemnification. The parties hereto agree that all intellectual property rights in any ideas, modifications to Company promotional materials, and other deliverables that result from the services performed by Affiliate pursuant to this Agreement (“Work Product”) are considered to be a “work for hire” and shall be therefore exclusively vested in Company and/or automatically assigned to Company. Affiliate agrees to promptly execute any documents necessary for Company to perfect its rights in such Work Product. Additionally, Affiliate warrants that the Work Product of all services performed by Affiliate for Company shall be original and that he/she has the right to assign ownership of any/all intellectual property rights in such Work Product to Company, and that it will perform all of its services in a good, professional, and workmanlike manner, in accordance with industry standards. Affiliate agrees that it will ensure that its employees performing work under this Agreement comply with this Agreement, including, but not limited to, having such employees sign documents assigning intellectual property rights to Company to the extent Affiliate is required such rights to Company. Affiliate hereby agrees to indemnify Company for any liability that Company may incur as a result of Affiliate’s breach of a warranty listed in this section. The terms of this Section shall survive the termination and/or expiration of this Agreement. Affiliate’s obligations pursuant to this section shall survive the termination/expiration of this Agreement.
- Taxes. Affiliate shall be responsible for payment of all employment and income taxes relating to Affiliate’s services under this Agreement. Should Company have to make any such payment of employment and income taxes on behalf of Affiliate, Affiliate shall repay such amounts to Company including any interest and penalties assessed to Company. The Company may request additional documentation (Tax UTR Code) if your sales in a calendar year exceeds $599. Failure to remit the documentation will result in payment delay.
- Limitation of Liability and Exclusion of Certain Remedies. Affiliate understands that Company provides the programs offered under this Agreement on an “as-is” basis and makes no warranty with regards to these programs and their effect on Affiliate’s income and business. Under no circumstance, regardless of the basis of the claim, shall the total liability of Company to Affiliate exceed the total amount of completed sales from Affiliate within the last calendar month. In no event shall Company be liable to Affiliate for consequential, special, incidental, or punitive damages (including, but not limited to, legal costs and fees) from any claim asserted against Company or by any third party through any party to this Agreement. The terms and provisions of this section shall survive the termination and/or expiration of this Agreement.
- Confidentiality. During the period in which Affiliate is providing services for Company and indefinitely thereafter, Affiliate shall keep secret and retain in strictest confidence, and shall not, without the prior consent of Company, furnish, make available or disclose to any third party or use for the benefit of itself (except as necessary to fulfill the purposes of this Agreement and/or a Services Schedule(s) attached hereto) or any third party, any Confidential Information of Company. As used herein, “Confidential Information” shall mean any information relating to business or affairs of Company, including but not limited to, the Company, Company Products, Work Product, information relating to financial statements, business strategies and plans, customer identities, customer accounts, potential customers, employees, suppliers, servicing methods, equipment, programs, style and design strategies and information, analyses, profit margins, or other proprietary information used by Company in connection with its business. If Affiliate is an entity, it will make sure that the Confidential Information is disclosed only to those of its employees whose functions require that they obtain access to the Confidential Information to carry out the purpose of this Agreement, that have been informed of the confidential nature and obligations of Affiliate with respect to the Confidential Information and who are subject to a general written agreement committing such employees to conduct that would not violate Affiliate’s obligations listed in this Section with respect to such Confidential Information if such conduct was committed by Affiliate. Affiliate’s obligations pursuant to this section shall survive the termination of this Agreement.
- Non-Competition. Competitor, for purposes of this Section, shall mean any direct competitor of Company operating in a similar manner and venue. During the term of this Agreement, Affiliate agrees not to provide nor assist anyone and/or any entity(ies) in providing, the same and/or substantially similar services to a competitor of Company. For a period of 2 years after the termination of this Agreement, Affiliate understands and agrees that Affiliate shall not induce any customers of Company, whether directly or indirectly through use of third parties such as employers and agents, to leave Company’s business. Any such act by Affiliate shall subject Affiliate and any such third parties to civil and possible civil liability.
- Termination. Notwithstanding anything to the contrary in this Agreement or any Exhibits, Company may terminate this Agreement and related Exhibits without any obligation for any services that have not been rendered by Affiliate as of the date of notice of termination, upon fifteen (15) days’ notice via e-mail, facsimile or hand delivery. Upon such notice of termination, Affiliate shall immediately cease working and return to Company all Work Product, Company promotional materials, and any Confidential Information in Affiliate’s possession (“Termination Obligations”) and certify to Company, in writing, that it has performed its Termination Obligations. Affiliate’s obligations pursuant to this Section shall survive the termination/expiration of this Agreement and any/all Services Schedules.
- Solicitation. During the term for this Agreement and for a period of two (2) years after termination of this Agreement, Affiliate shall not hire, solicit, or induce or assist any third party in soliciting or inducing any employee, contractor, or other affiliates of Company to leave his or her employ or cease providing services to Company, as applicable.
- No Other Relationship or Interest. The Parties agree that this Agreement does not create any other relationship or legal interest between the Parties, including, but not limited to, employer/employee relationship, license, title, guarantee of work, or right to use any Confidential Information, except as specified by this Agreement.
- Arbitration. In the event the Parties cannot amicably resolve a dispute or damage claim resulting from this Agreement, the Parties agree to resolve any such dispute or damage claim by arbitration. The arbitration proceeding shall be conducted in the United Kingdom.
- Disputes and Governing Law. The laws of the United Kingdom without regard to any conflict of law principles govern this Agreement. No action, arising out of the transactions under this Agreement may be brought by either party more than one year after the cause of action has accrued.
- Limitations on Assignment. Affiliate may not assign, transfer or sell all or any of its rights under this Agreement or delegate all or any of its obligations hereunder, without the prior written consent of Company. Company may assign this Agreement to a parent, subsidiary or affiliated firm or to another entity in connection with the sale or other transfer of all or substantially all of its business assets. Subject to these restrictions, the provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns.
- General. This Agreement, including all Exhibit(s), constitutes the entire agreement between the parties in connection with the subject matter hereof and supersedes all agreements, proposals, representations and other understandings, oral or written, of the Parties and any current or subsequent purchase order(s) provided by Affiliate. No alteration or modification of this Agreement or any Exhibits shall be valid unless made in writing and signed by an authorized Affiliate of each Party. The waiver by either Party of a breach of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent breach and any waiver must be in writing and signed by an authorized Affiliate of the Parties hereto. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. Any notice or other communication required or permitted hereunder shall be given in writing to the other Party at the address stated above, or at such other address as shall be given by either party to the other in writing. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled, and apply to respective successors and rightful assignees.
Affiliate acknowledges their application to become an Affiliate of Company by affixing Affiliate’s signature, name, title, and date below. Again, Affiliate understands and agrees that this Agreement has no force and effect until Affiliate is notified by Company of Affiliate’s acceptance and that Affiliate’s signature below is strictly to signify that Affiliate agrees with the provisions of this Agreement and desires to become so bound.
Exhibit A – Territory Schedule
This Exhibit is subject to the Independent Marketing Affiliate Agreement between Company and Affiliate and is incorporated by reference to it.
Affiliate is authorized to only market Company Products from their website and inside their apps, games and other software releases.
Exhibit B – Compensation Schedule
This Exhibit is subject to the Independent Marketing Affiliate Agreement between Company and Affiliate and is incorporated by reference to it.
• Internet Link Sales
In the event that Affiliate markets to customers for Company via an Internet Link, Affiliate will receive an Affiliate Internet Identifier (“AID”). This AID is used to link the sale of Company Products with the Affiliate by use of an Internet Link. If Affiliate fails to provide the Internet Link or incorrectly configures the Internet Link on Affiliate’s website or in emails, Affiliate will not be entitled to compensation for resulting improperly identified sales.
Upon entering the Company website, all visitors will have a cookie placed on their computer (a small text file) to track any purchases made by the visitor. In order for Affiliate to be associated with the sale, the visitor must purchase from the Company website within 30 days of entering the site. Only visitors who accept cookies can be tracked for referral fees. Affiliate understands that no compensation can be paid for any purchase made by a visitor who does not accept “cookies” or who has deleted our “cookies” from their computer during the 30-day period.
The Affiliate will be compensated based on a flat percentage of each completed sale.
The schedules are as follows:
All Software Products
10% off final completed sales price without shipping or taxes applied
All sales will be converted to and paid out in US Dollars.
Exchange rates fluctuate and maybe different between the sale and commission payment.
The Affiliate is entitled only to compensation on an initial order. Affiliate is not entitled to compensation for any other sales, including but not limited to, renewals, after-sale referrals, etc.
Affiliate will not receive any compensation for a given order until the next calendar month. If the order payment is cancelled the Affiliate will not be entitled to commission. Company reserves the right to deduct any compensation paid to Affiliate for such order.
Company normally processes Compensation Statements at the beginning of each calendar month and will normally release any payments due by the 20th of each calendar month. However, Company may change the processing date of Compensation Statements as well as payment release dates at Company’s sole discretion and without notice to Affiliate.
Compensation will be sent via Paypal with any fees or tax issues the responsibility of the affiliate.
You are responsible for any taxes due on your commission payment for your country or place of residence.
Patch Server Hosting
Patch Servers must be used for the sole purpose of patching game or application files for your user’s computers.
Our server hosting packages are supplied by ourselves and we streamline our servers exclusively for file-sharing use to your patch executable. If you sign up for a monthly or annually (yearly) Patch Server product from Game Patch Creator these same terms and conditions apply. You must ensure any files you host are authorised by you or your company. You must not use this service for illegal torrents, warez or distributing software, apps, images or any other form of media without consent from the owner. If DMCA requests are made, we will immediately ensure the offending content is removed and investigate this further.
All we ask in layman’s terms is, please ensure you don’t host anything on our servers which is copyright or trademarked to someone else. Please use common sense when upload and distributing content to our servers. Any offending content will be removed and the offending hosting account maybe terminated (without refund). By agreeing to these terms and conditions you are agreeing that the files you upload to our servers are yours, are copyright-free and/or you have exclusive permission from the file owners to upload said files.
It is completely forbidden for you to use your Patch Server with us as a “file hosting” server other than for game or application patches.
Uptime is guaranteed at 99.9% monthly. If there is to be any downtime, we will let you know in advance. We cannot guarantee 100% as we sometimes have to make hardware modifications to the servers such as upgrades. Sometimes the servers also require a reboot but manual downtime is kept to a minimum all year. Unlimited Bandwidth is subject to a fair usage policy. Our fair usage policy is pretty straight forward.
The term ‘unlimited’ means unlimited whilst not affecting other services, other customers or other sites. Although bandwidth is not monitored for any particular accounts, you may see a cap applied if your server suddenly receives a particular number of hits or downloads. This is a security and preventative measure put in place for attacks, DDOS and to ensure smooth operation of other sites and services. Hosting services are non-refundable, however, exceptions can be made where we admit fault or we offer due to negligence of service. However, you are free to pause, suspend, resume, upgrade, downgrade or cancel our hosting services at any time. This is only ever done for “fair-usage” to other users. If your project is a bigger scale in terms of files/users/downloads, we suggest you upgrade your package or setup a custom server with us, where these limits will be withdrawn.
We do impose a fair usage bandwidth limit of 10TB per patch server, per month. If you require more than this in one month, please consider getting a custom server from us.
Patch Server subscriptions are non-refundable. You are free to terminate your patch server subscription at any time so the renewal is not mandatory. We will provide full hosting support when you use our hosting servers for patching, however we cannot support third-party servers or services.
We do not retain backups of your files. Backups of your files stored on the server are solely your responsibility. There are no local or offshore backups. Please ensure you have methods in place for backing up your own files.
We cannot guarantee security nor integrity of your files or data you upload to the patch servers.
Patch servers are purely accessible via FTP and files are accessible via http webserver for distribution. There are no other additional services with a Patch Server. There are no mailboxes, no email accounts, there is no PHP/ASP/Script support nor HTML support.
You may wish to protect your data (or viewing of) using a .htaccess file.
We reserve the right to cancel, amend or withdraw your patch server service at any time and at our discretion if we believe you or the server to be in violation of these terms, UK or International law.
Custom server contracts are exclusive contracts drawn up between you “third party” and us “ByteBox Media” for custom server usage. This is not the standard “Patch Server” hosting, this is for custom quotes for custom servers. These terms will still apply but some clauses maybe overridden by exclusive contractual clauses, these will be written into the service contract.
All products and services including product names and service names are Copyright © 2022 ByteBox Media Limited. Game Launcher Creator (GLCV2, Game Launcher Creator V2) is Copyright © 2017 – 2022 ByteBox Media Limited. Game Patch Creator (GPC) is Copyright © 2020 – 2022 ByteBox Media Limited. Game Install Creator (GIC) is Copyright © 2022 ByteBox Media Limited. Config File Creator is Copyright © ByteBox Media Limited.
The runtime files contained within the installer (including launcher runtime, patch runtime, install runtime and config file creator runtime) are Copyright © 2022 ByteBox Media Limited.
Our website may contain images, text or other media which is Copyright to their respective holders. Any content used within our software which is not Copyright to us, is contained with permission from the respective authors.
Terms and Conditions
Last updated 13th May 2022.