Skip to main content

Vircode, Inc. (“Savva”) Influencer Agreement

Last updated: June 3, 2026

Please read this Influencer Agreement carefully. Where offered, by clicking on the “Accept” button you are signifying your agreement to be presently bound by the terms and conditions of this Agreement to the same extent as if you had physically signed the Agreement. If you do not accept the terms and conditions of this Agreement, do not click on the “Accept” button. By entering into this Agreement you represent that you are eighteen (18) years of age or older and lawfully able to enter into legally binding agreements. If you are signing this Agreement on behalf of a company or entity, you hereby represent that you have authority to bind that company to the terms and conditions of this Agreement.

Please be aware that there are arbitration, class action, and limitations of liability contained within this Agreement that may affect your rights.

This Influencer Agreement (“Agreement”) is made and entered by and between Vircode, Inc. (“Savva”) and you, the person or entity, listed on the Savva Influencer enrollment Application or other form or application that has been presented with this Agreement to become an Influencer (“Influencer” or “you”). The purpose of the Agreement is to set forth the terms and conditions of Influencer’s participation in the Savva Influencer Program (the “Program”) through which Influencer will market and advertise the Services. Savva may from time to time change the terms of this Agreement and may notify you in writing of such changes; your continued participation in the Program will constitute your acceptance to the changes in the terms of this Agreement.

1. No Commission; Free Pro Consideration

The sole consideration provided by Savva for Influencer’s participation in the Program is access to the Savva Pro tier of the Services free of charge for the duration of the Term (“Free Pro Access”). Influencer acknowledges and agrees that:

  1. Savva pays no commission, revenue share, referral fee, performance fee, bounty, or other monetary compensation under this Agreement;
  2. No payment is owed by Savva to Influencer for any referral, install, sale, conversion, post, view, click, or other activity undertaken by Influencer in connection with the Program;
  3. Free Pro Access is the entire and exclusive consideration Influencer is entitled to receive under this Agreement; and
  4. Influencer may not realize any business, revenue, or other economic benefit as a result of Influencer’s participation in this Program, and nothing contained in this Agreement, in any policies, or on the Program Sites shall be construed as any guarantee of any minimum amount of payments, income, revenue, or other economic benefit in any form whatsoever.

The retail value of Free Pro Access is the then-current published price of the Savva Pro tier for Influencer’s country of residence, localized in accordance with Savva’s standard regional pricing.

2. Defined Terms

“Influencer Site(s)”means any web site, marketing materials, blogs, micro blogs, chat servers, forum accounts, social media accounts, and or any other digital marketing properties owned and/or operated by Influencer which may be identified in Influencer’s Program Application that Influencer will link to the Program Site(s) in accordance with the terms and conditions of this Agreement.

“Approved Links” means any link formats or digital forms provided or designated by Savva that Savva provides to Influencer to enable tracking of referrals.

“Content”means only “Savva”, the Savva logo, and any Savva-provided content that is explicitly provided to Influencer for the purposes contemplated under this Agreement solely to be used in connection with the advertising and marketing of the Services.

“Customers” means, with respect to the Services, a person or entity that uses or purchases the Services.

“Savva Affiliated Company” means any branch or entity controlling, controlled by or under common control with Vircode, Inc., whether now existing or formed in the future, together with any branch or entity that may acquire such status in the future.

“Program Policies”means related guidelines, directives, rules and procedures for any Services offered on the Program Site which may be updated from time to time as necessary, which are provided to Influencer by Savva at Savva’s discretion.

“Program Site(s)”shall mean www.savva.ai, the Savva software and mobile application, any sub-domains (the “Savva Site”) and any web site(s) affiliated with Savva or a Savva Affiliated Company, and/or any successor web site(s) thereto.

“Referrals” shall mean Customers introduced to the Services as a result of a lead or referral from Influencer, tracked via the Tracking Mechanisms solely for analytics and Program administration purposes.

“Services” means those products or services that are offered to consumers via the Program Sites.

3. Influencer Enrollment and Appointment

  1. EnrollmentIn order to enroll in the Program, Influencer must: (i) indicate Influencer’s acceptance of the terms and conditions of this Agreement by executing this Agreement, and (ii) complete and submit the enrollment application (the “Application”) along with onboarding. Influencer’s enrollment in the Program is subject to Savva’s review and approval (“Approval”) of Influencer’s Application. If Approval is granted, Savva will provide notice as needed. Approval may be withheld or withdrawn by Savva in its sole discretion at any time. The following persons are prohibited from participating in the Program: (i) employees of Savva or a Savva Affiliated Company, (ii) independent contractors hired by Savva or a Savva Affiliated Company, and (iii) members of the immediate families of any of the individuals described in clause (i) or clause (ii).
  2. Appointment and Limited License Upon Approval and subject to the terms and conditions set forth in this Agreement, Savva hereby appoints Influencer to diligently market, promote and educate about the Services listed on the Program Site as a non-exclusive, independent creator. Solely for the limited purpose of marketing, promoting and educating about the Services, Savva grants Influencer a limited, non-exclusive, non-assignable, non-transferable, and revocable right and license to copy and display the Content (i) on the Influencer Sites; (ii) in e-mails sent via subscription e-mail services owned and operated by Influencer, and (iii) in print advertisements and marketing materials in order to direct potential Customers to the Program Sites. Savva also grants Influencer a limited license to use and access the Savva Site solely for the purposes of marketing or advertising the Services.
  3. No Tax Form RequiredBecause no monetary compensation is paid to Influencer under this Agreement, no IRS Form W-9 or equivalent tax information form is required as a condition of participation. Influencer shall be solely responsible for any tax obligations that may arise from the receipt of Free Pro Access under the laws of Influencer’s jurisdiction.
  4. Expenses Influencer is solely responsible for any and all marketing, advertising, content production, equipment, and other expenses incurred in connection with the exercise of the rights granted to Influencer hereunder.
  5. Reservation of Rights Except as expressly provided hereunder, Savva does not convey any intellectual property rights to Influencer. For this purpose, intellectual property rights shall mean the intangible legal rights or interests in the Content, the Trademarks (as hereinafter defined) and the Program Sites, evidenced by or embodied in (i) any idea, design, concept, technique, invention, discovery, or improvement, regardless of patentability, but including patents, patent applications, trade secrets, and know-how; (ii) any work of authorship, whether or not entitled to copyright protection and any moral rights recognized by law; and (iii) any other similar rights, in each case on a worldwide basis. Savva reserves the right to discontinue the Program, in whole or in part at any time at its discretion.

4. Influencer Site(s)

  1. Operation of the Influencer Site(s)Influencer will be solely responsible for the development, operation, and maintenance of the Influencer Sites and for all materials that appear on any Influencer Site. Influencer shall ensure that the Influencer Sites comply in all respects with applicable laws including but not limited to all United States federal and state laws (“Laws”) related to spam, marketing, and advertising, and this Agreement, and that (i) materials posted on the Influencer Sites are accurate, appropriate, and do not violate or infringe upon the intellectual property or privacy rights of any third party; (ii) materials posted on the Influencer Sites are not libelous, discriminatory, defamatory, obscene or otherwise illegal; and (iii) the Influencer Sites accurately and adequately disclose, either through a privacy policy or otherwise, how personal data is collected, used, stored and disclosed. Influencer must disclose, where required by applicable Laws, that Influencer participates in the Savva Influencer Program and receives Free Pro Access as the consideration described in Section 1.
  2. Unsuitable SitesSavva may reject Influencer’s Application or terminate this Agreement immediately if it determines that an Influencer Site:
    • promotes sexually explicit materials,
    • promotes violence,
    • promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age,
    • promotes illegal activities,
    • contains software downloads that potentially enable diversions of referrals or Program tracking,
    • appears to be explicitly or impliedly resembling the Savva website and misleads customers into believing that the Influencer Site is owned by Savva,
    • is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion,
    • includes a trademark of Savva or a Savva Affiliated Company, except as expressly authorized hereunder, or variations or misspellings of any of them in the site URLs or in text, or
    • otherwise violates the intellectual property rights of any person or entity.
  3. Savva Approval Savva shall have final discretion, but not obligation, in approving or disapproving any Influencer Sites or any methods used by Influencer to market any Services. Influencer agrees that Savva may withhold approval for any reasons at its sole discretion.
  4. FTC Disclosure Policy Influencer shall comply with all Laws including the Federal Trade Commission (FTC) Guidelines Concerning the Use of Endorsements and Testimonials. All endorsements, reviews, and testimonials of Influencer or third parties regarding the Services as well as in other types of content websites (forums, blogs, microblogs and other social media channels) must be clearly disclosed pursuant to the FTC Guidelines. Influencer shall include the following disclosure statement, or something substantially similar that complies with all Laws, on the Influencer Sites: “[Influencer] is a member of the Savva Influencer Program and receives free access to the Savva Pro tier as part of participation in the program.”

5. Tracking Mechanisms

  1. Tracking MechanismsUpon Influencer’s acceptance to the Program, Savva will provide Influencer with promotional codes, Influencer codes and/or Approved Links (“Tracking Mechanisms”) that Influencer will include on the Influencer Sites and in Influencer’s marketing materials in order to allow Savva to track the Referrals generated by Influencer’s participation in the Program for the purpose of Program analytics and administration. Tracking Mechanisms are used for analytics and Program administration only; they are not used to calculate any monetary payment to Influencer, and no payment is owed by Savva to Influencer based on any tracked activity. Influencer (and not Savva) shall be responsible for deployment of the Tracking Mechanisms on the Influencer Site and in marketing materials.
  2. MisuseInfluencer shall be responsible for any use or misuse of the Approved Links or other Tracking Mechanism, whether or not such access or use has been authorized by Influencer and whether or not such person or entity is Influencer’s employee or agent. Influencer shall immediately notify Savva of any such unauthorized use, or any other breach of security. Influencer may not share any Approved Links or Tracking Mechanisms with any sub-creators, third parties or contractors.
  3. No Warranty on Tracking Influencer acknowledges and agrees that the Tracking Mechanisms provided by Savva are not error-free and that there may be Referrals that are not credited to Influencer due to: (i) deliberate and/or accidental acts by Customers that disable or circumvent the Tracking Mechanisms; (ii) bugs, glitches, errors or crashes of the Tracking Mechanisms; and (iii) actions beyond the control of Savva. Because no payment is owed on the basis of tracked activity, Savva shall have no liability of any kind in connection with untracked or mistracked Referrals.

6. Acceptable Marketing Activities

  1. Social MediaInfluencer may use social media, including social networking sites, Discord servers, blogs, chats and forums (each a “Social Media Outlet”) to promote and educate about the Services. The use of social media by Influencer shall comply at all times with the terms and conditions of this Agreement and the terms of use of the applicable Social Media Outlets.
  2. Email CampaignsAny email marketing campaigns implemented by Influencer shall only be sent to consumers who have elected to receive such emails and shall comply with all Laws related to email and electronic communications. Influencer is not authorized to send emails on behalf of Savva. The “from” line in any such email shall not contain the word “Savva”, “Vircode”, or the Savva or Vircode logo. Valid spamming complaints will result in the immediate termination of this Agreement and forfeiture of Free Pro Access.
  3. MiscellaneousSubject to the terms and conditions of this Agreement, Influencer may promote the Influencer Sites and the Services by (i) placing Approved Links on the Influencer Sites, (ii) employing pay-per-click (“PPC”) search advertisements, provided that Influencer does not use Savva’s or a third party’s domain names, trademarks or logos in the advertisement along with any misspellings or variations of the foregoing, (iii) using permissible domain names or key word selections for search advertising, or (iv) using additional marketing vehicles including newsletters, classified advertisements, word-of-mouth, or print advertisements, provided, however, that all marketing materials and campaigns created by Influencer shall be consistent with this Agreement and the Program Policies.

7. Intellectual Property

  1. TrademarksInfluencer acknowledges that certain Savva (registered or otherwise) trademarks, service marks or trade names, including without limitation “Savva”, the Savva logo, any Savva Affiliated Company names or logos (collectively, the “Trademarks”) may be incorporated into the Tracking Mechanisms. Except as expressly set forth herein, Influencer shall not acquire rights to the Trademarks and all goodwill now existing or hereafter created through the use of the Approved Links and the Trademarks hereunder shall inure to the benefit of Savva. Influencer agrees that it shall not: (i) assert any claim of ownership to the Trademarks; (ii) use, register or attempt to register with any agency or in any jurisdiction any of the Trademarks or any mark confusingly similar therewith; (iii) use, register or attempt to register any domain that includes (x) all or a portion of any Trademark, or (y) which may otherwise be confusingly similar to all or any portion of the Trademarks; or (iv) seek to purchase or register any keywords, search terms or other identifiers that include any trademark of Savva, the Savva Affiliated Companies, or variations or misspellings thereof for use in any search engine, portal, sponsored advertising service or other search or referral service. However, nothing in this Agreement prohibits Influencer from purchasing paid search advertisements that do not include the Trademarks. If Savva determines, in our sole discretion, that Influencer has violated this provision, Savva may, without limiting any other available rights or remedies, suspend Free Pro Access and/or terminate this Agreement.
  2. ContentExcept for the limited license granted in Section 3(b), Savva and its licensors reserve and retain all right, title and interest in the Content. Influencer shall not use the Content in any manner that would direct consumers to web sites other than the Program Sites or that would promote services other than the Services. Influencer shall not edit or materially modify the Content except as necessary to post the Content on the Influencer Sites or marketing materials prepared in accordance with this Agreement. Influencer shall not post or redistribute the Content to any website, such as Social Media Outlets, that requires users to sublicense or assign their rights to any content posted on the Social Media Outlet to that Social Media Outlet or any third party. Promptly upon notice from Savva, Influencer shall remove any Content from the Influencer Sites and delete and otherwise destroy any Content in Influencer’s marketing materials that is no longer displayed on the Program Sites or as instructed by Savva.
  3. Compliance with Policies Influencer shall comply with any and all instructions from Savva concerning the Approved Links, Content and the Trademarks, including without limitation those set forth in the Savva program policies or other documents found on the Savva site. Savva may, at any time and in its sole discretion, change, alter, delete, add to or otherwise modify the Trademarks, the Approved Links, and the Content.

8. Customers

As between Influencer and Savva, consumers who use or purchase Services via the Tracking Mechanisms will be deemed to be Customers of Savva. Influencer agrees that Savva has the right to reject any Customer orders at its sole discretion. Influencer shall not enter into any contract with, invoice or accept or collect fees from Customers or prospective Customers with respect to the Services. With regard to any Customer information made available to Influencer by Savva, Influencer shall only use such Customer information in accordance with any policies set forth by Savva, and solely in connection with this Agreement and for no other purpose.

9. Influencer Obligations

  1. Standard of Care Influencer shall use commercially reasonable efforts to market, promote and educate about the Services. To protect and preserve the goodwill and image of Savva, Influencer shall: (i) conduct its activities in a manner that reflects favorably at all times on the Services and the reputation of Savva; (ii) avoid deceptive, misleading, or unethical practices that are detrimental to Savva or the Services, including any disparagement of Savva or the Services; (iii) make no false or misleading representations with regard to the Services; (iv) refrain from publishing, posting to the Internet or employing any misleading or deceptive statements or advertising material; (v) ensure that any information provided to consumers, whether it be via the Internet, in printed materials or any other form, tangible or intangible, regarding the Services is accurate and the most recent version of said information available from Savva; and (vi) refrain from making any representations, warranties, or guarantees to the public with respect to the Services that are inconsistent with the warranties or guarantees provided by Savva.
  2. Compliance with Program Policies Influencer shall comply with all Program Policies in force during the Term, including all related guidelines, directives, rules and procedures that Savva may implement in accordance with this Agreement, but only after Influencer has been given reasonable opportunity to review such policies.
  3. Compliance with Applicable Laws In performing this Agreement, Influencer shall comply with all Laws including all codes, directives, ordinances, rules, regulations, and other requirements now or hereafter in effect, of governmental or quasi-governmental authorities having jurisdiction over Influencer that govern marketing via the Internet and email, including but not limited to, the CAN-SPAM Act of 2003, Telephone Communications Privacy Act, and all other anti-spam laws and the FTC Guidelines Concerning the Use of Testimonials and Endorsements.

10. Prohibited Activities

  1. Telemarketing or Texting Influencer shall not directly or indirectly engage in any telemarketing activities or texting (including without limitation making any outbound telephone calls or using an autodialer or other automated system to text) whatsoever in connection with the Program. Violation of this Section will result in the immediate termination, without notice, of this Agreement, and forfeiture of Free Pro Access.
  2. Unsuitable Sites Influencer shall not place the Approved Links on Unsuitable Sites as listed in Section 4(b) of this Agreement. Additionally, Influencer shall not place any Approved Links on any sites that Savva has notified Influencer are unsuitable.
  3. Unauthorized Rebates, Discounts and Warranties Influencer shall not (i) directly or indirectly offer any consideration or incentive (including without limitation payment of money or rebates), discount or other benefit to any person or entity for ordering Services using the Tracking Mechanisms; (ii) read, intercept, record, redirect, interpret or fill in the contents of any electronic form or other materials submitted to Savva by any person or entity; (iii) take any action that could reasonably cause any consumer confusion as to the relationship between Savva and Influencer or the Influencer Sites and Program Sites; or (iv) attempt to circumvent the Tracking Mechanisms or artificially inflate referral counts. Influencer shall not make any promises, representations or warranties with respect to the Services other than those expressly set forth in the Content or on the Program Sites.
  4. Abuse of Program Sites and Savva Computer NetworkInfluencer shall not use or attempt to use any Program Site with the intent to interrupt, disrupt, damage, disable, overburden, or impair that Program Site or any other Program Site, or interfere with any person’s use and enjoyment of any Program Site, including without limitation (i) sending mass unsolicited email messages, (ii) flooding servers with requests, or (iii) the use of spyware or similar programs that materially interfere with the Program Sites. Influencer shall not attempt to gain access to the computer systems of Savva or any third party through the Program Sites. Influencer shall not engage in “spidering,” “screen-scraping,” “database scraping,” harvesting of email addresses, wireless addresses or other contact or personal information, or any other automatic means of obtaining lists of information from or through the Program Sites, including without limitation any information residing on any server or database connected to the Program Sites.
  5. Influencer Site(s) Influencer shall not include on the Influencer Sites or otherwise use in connection with the Tracking Mechanisms and the Content any malware, spyware, virus, worm, Trojan horse or other harmful or malicious code that may be unknowingly downloaded by users or installed on their computers when they visit Influencer Sites. Influencer shall not frame any Program Site or a portion thereof within any Influencer Site.
  6. Black HatInfluencer shall not implement “black hat” search engine optimization tactics that degrade the relevance of web search results on search engines, including, without limitation, keyword stuffing, hidden text and links, doorway and cloaked pages, and link farming.
  7. Parasite WareInfluencer shall not transmit any so-called “interstitials,” “parasitic marketing,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to Customers at any time.

11. Term and Termination

The term of this Agreement (“Term”) commences upon the Influencer enrollment Approval date. Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination within thirty (30) days. Savva may terminate this Agreement immediately without notice if it has discovered that Influencer has breached any portion of this Agreement. Upon receipt of notice of termination, Influencer shall immediately cease all marketing and promotion of the Services, discontinue all use of the Trademarks, delete all Tracking Mechanisms and Content from the Influencer Site(s), disable all Approved Links and destroy all marketing materials that contain the Approved Links or Content. Additionally at Savva’s option, Influencer shall return to Savva or destroy all materials in printed or electronic form, including any and all notes, documents and physical or electronic copies derived therefrom pertaining to Savva and the Program that contain Confidential Information, as defined below. Upon Savva’s request, an authorized representative of Influencer shall certify in writing that Influencer has complied with its obligations under this Section 11. Upon termination, Free Pro Access shall cease and Influencer’s Savva account shall convert to the same paid tier other users are on; content already published need not be removed unless it breaches another provision of this Agreement.

12. Confidential Information

Influencer will maintain, in confidence, any non-public provisions of this Agreement, including the Program Policies, and all data, summaries, reports, communications or information of all kinds, whether oral or written, pertaining to the Program and this Agreement, including without limitation any Customer lists and nonpublic personal Customer information that Savva may provide to Influencer (“Confidential Information”). Influencer agrees that it shall not disclose any Confidential Information or use such information other than to exercise its rights or perform its obligations hereunder and shall use the same degree of care, and in no event less than reasonable care, to protect the Confidential Information as it uses to protect its own information of like character and importance. Influencer shall not disclose the Confidential Information to any persons except: (i) at the written direction of Savva; or (ii) to the extent necessary to comply with any applicable laws, the valid order of a court of competent jurisdiction or the valid order or requirement of a governmental agency or any successor agency thereto, in which event Influencer shall notify Savva in writing of the information prior to making any disclosure, and shall seek confidential treatment of such information. Influencer agrees that any breach or default of any of its obligations set forth in this Section 12 will cause substantial and irreparable harm and injury to Savva for which monetary damages alone would be an inadequate remedy, and which damages are difficult to accurately measure. Accordingly, Influencer agrees that Savva shall have the right, in addition to (and without limitation of) any other rights and remedies available to Savva at law, in equity, under contract or otherwise, to obtain immediate injunctive relief (without the necessity of posting or filing a bond or other security) to restrain the threatened or actual violation hereof as well as any other equitable relief allowed by the federal or state courts. The provisions of this Section 12 shall survive termination of this Agreement indefinitely.

13. Disclaimer; Limitation of Liability

Savva makes no express or implied warranties or representations with respect to the Program, the Program Sites, the Content, the Tracking Mechanisms, the Trademarks or the Services (including without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, dealing or trade usage). Savva makes no representation that the operation of the Program Sites or the Tracking Mechanisms will be uninterrupted or error-free, and will not be liable for the consequences of any errors or interruptions.

Neither party to this Agreement will be liable for any indirect, consequential, incidental, special or exemplary damages arising out of or in connection with this Agreement, the Program Sites, Tracking Mechanisms, Content or the Services, including without limitation damages for loss of business profits or goodwill, business interruption, or lost data in any manner, however caused and on any theory of liability, even if such party has been advised of the possibility of such damages. Except to the extent that liability arises from a breach of the obligations set forth in Section 12, 14, or 15, the cumulative liability of either party will not exceed the greater of (i) the retail value of Free Pro Access received by Influencer during the twelve (12) months preceding the date the cause of action arises or should reasonably have been discovered, or (ii) one hundred U.S. dollars (US$100).

14. Representations and Warranties

Each party represents and warrants to the other that: (i) it is duly organized and validly existing under applicable laws; (ii) this Agreement constitutes a legal, valid and binding obligation, enforceable against that party in accordance with its terms; and (iii) neither the execution, delivery or performance of this Agreement, will, directly or indirectly (with or without notice or lapse of time) breach any provision of that party’s governing documents, any resolution adopted by its equity holders or governing bodies, or violate, breach, or cause a default under any contract, instrument, or order to which it is a party or by which it is bound.

15. Indemnification

Influencer shall indemnify Savva, their respective affiliates and licensors, and any officers, directors, employees, agents or representatives of the foregoing, from and against all third party claims, costs, liabilities, judgments, expenses, and damages (including amounts paid in settlement and reasonable attorneys’ fees) that result, directly or indirectly, from: (i) any breach of any of the terms of this Agreement; (ii) any misrepresentation, fraud or negligence; (iii) any re-characterization of Influencer employees as employees of Savva, including but not limited to any liability for premiums, contributions or taxes payable to any workers’ compensation, unemployment compensation, disability benefit or tax withholding; (iv) any amounts including, without limitation, taxes, interests and penalties assessed against Savva that are obligations of Influencer; (v) the Influencer Site(s); and (vi) any use by Influencer of the Content, Approved Links, Tracking Mechanisms or other marketing materials and activities by Influencer hereunder.

16. Governing Law and Dispute Resolution

  1. Governing Law & Interpretation This Agreement shall be construed and enforced under the substantive laws of the State of Florida without regard to conflicts of law principles.
  2. Dispute ResolutionAny and all disputes arising out of or relating to this Agreement, including fraud in the inducement, whether in contract or tort, law or equity, shall be resolved by final arbitration before one arbitrator in accordance with the then applicable rules of Judicial Arbitration and Mediation Services, Inc. (“JAMS”). Any arbitration shall take place in Weston, FL and in English. Judgment upon any award rendered by the arbitrator may be entered by any state or federal court having jurisdiction thereof. Each party shall bear its own costs related to any claim. Any claim or cause of action arising out of, related to or connected with this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The dispute resolution procedures in this section shall not apply prior to a party seeking a provisional remedy related to claims of misappropriation, confidential information, or ownership of intellectual property or trade secrets; such remedies abovementioned requiring injunctive relief shall be heard in a court of competent jurisdiction located within Broward County, FL. Any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and both parties waive all trials by jury. Both parties agree that they will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.

17. Miscellaneous

  1. Force Majeure Neither party shall be liable for any failure to perform any of its respective obligations under this Agreement when such failure is caused by or results from any event beyond the control of that party; provided, that the party who has suffered a force majeure event shall (i) immediately notify the other party of the occurrence and nature of such event and (ii) use commercially reasonable efforts to continue performing its obligations under this Agreement.
  2. Notices Any notice or other communication under this Agreement shall be in writing and shall be considered given when delivered personally, mailed by registered or certified mail, return receipt requested, delivered by overnight courier or faxed or sent via email (with confirmation receipt report) to the Influencer at the addresses specified in the Application. To Savva via certified or registered mail (delivery receipt required), at Vircode, Inc., 4581 Weston Rd, PMB #141, Weston, FL 33331.
  3. Entire Agreement This Agreement, together with the Application, any Program Policies communicated to Influencer by Savva and any modifications, exhibits or schedules hereto, contains the entire agreement between the parties and supersedes any prior or inconsistent agreements, negotiations, representations and promises, written or oral between the parties respecting the subject matter hereof.
  4. Modifications No modifications of this Agreement shall be effective unless in writing and signed by both parties.
  5. Waiver The failure of a party to insist upon strict adherence to any of the terms of this Agreement on any occasion shall not be considered a waiver or deprive that party of the right thereafter to insist upon strict adherence to that term or any other term of this Agreement. Any waiver must be in writing.
  6. AssignmentThis Agreement is binding upon the heirs, legal representatives and successors of the parties. This Agreement may not be assigned by Influencer without Savva’s written consent. Savva may assign this Agreement as required.
  7. Relationship of the Parties The parties are and shall be, with respect to the subject matter of this Agreement, independent contractors of one another and nothing herein shall be deemed to create an agency, partnership, employment, or joint venture relationship between the parties. Nothing in this Agreement precludes Savva from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by Influencer hereunder.
  8. Construction; Severability In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed or if any such provision is held invalid by a court with jurisdiction over the parties to this Agreement, (i) such provision shall be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and (ii) the remaining terms, provisions, covenants and restrictions of this Agreement shall remain in full force and effect.
  9. Interpretation This Agreement shall be deemed a mutual agreement and shall not be construed and/or interpreted in favor or against either party on the basis of preparation of the Agreement.
  10. Remedies Cumulative The rights and remedies herein provided to Savva in case of default or breach of this Agreement by Influencer are cumulative and without prejudice to any other rights or remedies that Savva may have by reason of such default or breach by Influencer at law, in equity, under contract or otherwise (all of which are hereby expressly reserved).
  11. Consent to Receive CommunicationsInfluencer acknowledges that this Agreement serves as Influencer’s express written consent to receive e-mail, facsimile or other communications from Savva and/or any of its affiliates, including without limitation, communications that contain unsolicited advertisements. This written consent shall include (without limitation) all such communications regulated by future Federal Communications Commission action.
  12. Survival Following the termination of this Agreement, the parties shall remain obligated under all provisions of this Agreement which by their terms continue after the termination of this Agreement or are incidental to the performance of the obligations under such provisions, including, without limitation, Sections 1, 7, and 10-17.

18. Independent Investigation

Influencer acknowledges that Influencer has read this Agreement and agrees to all its terms and conditions. Influencer understands that Savva may at any time (directly or indirectly) solicit customers for the Services on terms that may differ from those contained in this Agreement or operate websites that are similar to the Influencer’s website. Influencer has independently evaluated the desirability of participating in the Program and is not relying on any representation, guarantee or statement other than as set forth in this Agreement.

19. Electronic Acceptance

Where this Agreement is offered electronically, upon the clicking of the “Accept” or “I Agree” button Influencer has read and accepts the terms of this binding Agreement by and between Savva and Influencer and the effective date shall be the date where Savva notifies Influencer of acceptance into the Program.

Questions? Email [email protected].