PRAYUS: Symantec California

EXHIBIT B 
SYMANTEC AFFILIATE PROGRAM 
SYMANTEC SPECIAL TERMS AND CONDITIONS 
Symantec Corporation and/or its subsidiaries (?Symantec?) is willing to authorize you (referenced below as ?You? or ?Your?), as an individual or other legal entity, to participate in the Symantec Affiliate Program only on the condition that You accept all of the terms of the Agreement. The parties shall collectively be referred to herein as ?Parties? and individually as ?Party.? This ?Agreement? is comprised of the content contained herein, the terms contained on the Symantec Affiliate Program online interface and all other documents or collateral incorporated herein by references below. The ?Symantec Affiliate Program? or ?Program? is a Symantec marketing program conducted through an affiliate network partner, which involves participants, like You, posting links that drive traffic to the Symantec electronic storefront (the ?Storefront?), with participants receiving varying commissions based on sales resulting from such links. The Program is more fully described in the documents and collateral provided to You as part of your participation in the Program. All materials, documents, text, links, banners, ads, images or any other items Symantec provides you as part of your participation in the Program is referred to as ?Symantec Content? from this point forward.

Read this Agreement carefully before engaging in any part of the Program, or using any Symantec Content. This is a legal and enforceable contract between You and Symantec. By accepting these terms, by engaging in any part of the Program, or by using any of the Symantec Content, You agree to the terms and conditions of this Agreement. If You do not agree to these terms and conditions, then do not engage in any part of the Program and make no use of any Symantec Content. This Agreement, as defined above, constitutes the entire agreement between the parties pertaining to the subject matter, and supersedes all other written or oral agreements with respect thereto. 
As part of Your participation in the Rakuten platform and the Symantec Affiliate Program, You agree that: 
? In the event that You belong to multiple affiliate networks, You shall endeavor to use links, materials, URLs, etc. in a manner which minimizes the possibility of creating confusion/inconsistencies for customers or tracking/reporting purposes. 
? You will include your own Privacy Policy and a ?Contact Us? link on Your website(s). 
? You will not bid on search terms on search engines or other directory or referral services (e.g. Google, Yahoo!, MSN, Overture) that will increase the number of potential customers that are referred to or driven to the Storefront, without Symantec?s prior written consent. You can request participation in the search channel by Symantec with your request. 
? You agree that You may not pass yourself off as a Symantec website or promote Yourself in a way which is likely to confuse or mislead third parties into thinking You are Symantec, a partner of Symantec or sponsored by Symantec; this includes, but is not limited to, copying and framing any of the Symantec web pages, using ?Symantec Store? as the headline on any paid search advertisement and using colors or online design elements associated with the Symantec or Norton Brand. 
? You will not use coupon codes or link to coupons from any other affiliate network when promoting offers from the Symantec Affiliate Program.

? You will not suggest combing coupon codes in any verbiage on your website. 
? You will comply with all applicable law and regulations, whether foreign, federal, state or local, applicable to the activities performed hereunder, specifically including any European Union data protection laws, Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM) and Canada Anti-Spam Law (CASL). 
? You will comply with Symantec policies regarding spam and privacy. 
? You will not use adware, scumware, Trojan horse, malware and/or the like. 
? You will comply with Symantec?s ?Privacy Policy? as well as the ?Legal Notices? section of Symantec?s website, both of which are found on www.symantec.com. 
? You will not make any communications concerning warranties, representations as to the Symantec product nor any communications regarding order status, customer service or availability of the foregoing. 
? Except for Your use of the Symantec Content as specifically authorized herein, You may not refer to Symantec in any capacity, orally or in writing, for any purpose, without Symantec?s prior written consent. 
? You may not post adult-oriented content on any page on which the Symantec Content appears. You may not post any offensive content or incorporate images or content that is in any way harmful, threatening, obscene, harassing, or racially, ethnically or otherwise objectionable, or promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age as determined in Symantec?s sole discretion. 
? You may use the links and/or banner ads that Symantec provides to you solely in the form in which they are provided to You. You may not alter the Symantec Content in any fashion. Subject to the limitations contained herein, you may place such links and/or banner ads on Your website in whatever location you prefer. Except as expressly stated in this Agreement, you have no other rights to use Symantec Content, or other Symantec intellectual property, in any manner. 
? You may create unique non-standard creative content for your website(s) that contain Symantec Content or other Symantec intellectual property, but you must submit that unique creative content to Symantec for prior written approval, before making it live. You will comply with Symantec?s trademark, copywriting and other intellectual property criteria and requirement. 
? You will adhere to Symantec?s marketing policies and guidelines, including but not limited to logo usage and product specific details. Symantec retains the right to review or ask You to revise the content on Your site. In such an event that Symantec determines that Your site content must be reviewed or revised, You must comply and make modifications within seven (7) business days from receipt of Symantec?s request. 
? You agree that You may not distribute, transfer, sublicense, or otherwise use any Symantec Content in a manner which is not specifically authorized by this Agreement or which is inconsistent with any term of this Agreement or provision of law. 
? You acknowledge that Symantec owns and will retain all right, title, and interest in all Symantec Content, including, without limitation any proprietary rights which may be developed in the future. You agree that Your use of Symantec Content inures exclusively to the benefit of Symantec, and You obtain no rights in Symantec Content through You use thereof.

? You agree that you may not use, or apply to register, any domain name or trademark incorporating the Symantec or Norton brand (or any port of it) or Symantec or Norton Product name without Symantec?s prior written consent. 
? You may not insert any type of tracking method or tracking data on any of the links for the Program or on any pages of the Storefront, which would allow a session to be permanent or otherwise allow an entity to capture: (a) a browser in use by a potential customer; (b) any particular site; or (c) any information captured within a session that may be associated with an individual customer. 
? You acknowledge and agree that your participation in the program is in Symantec?s sole discretion, and that Symantec may terminate your participation in the Program at any time, with or without notice, for its convenience. This Agreement starts on the date You accept this Agreement as stated above, and will last until the day either Party terminates this Agreement. Neither You nor Symantec are obligated to continue under this Agreement for any period of time, and You should not rely upon whether or not Your participation in the Program will continue for any period of time. 
? You acknowledge that Symantec owns and has exclusive rights to any and all customer information which comes into its possession as a result of, or relating to, the activities covered by this Agreement. 
? You agree that You, or any third-party acting on Your behalf, shall not introduce, drop or otherwise display any non-Symantec offers or advertisements on the Storefront without Symantec?s prior written consent. 
? You will not seek to interfere with or improperly influence a referral of user to the Storefront as part of the Program. 
? You, or a third-party acting on Your behalf, shall not seek to drive internet traffic to the Storefront through methods inconsistent with the terms of the Program, e.g. bypassing or circumventing Program approved traffic screening methods or link referrals to the Storefront.

Amending the Agreement. Symantec may amend this Agreement at any time by publishing a new version of the Agreement on the Symantec Affiliate Program online interface. You will be notified of any changes to the Agreement and are required to re-accept the terms of the new Agreement to continue participation in the Program. If any amendment made by Symantec in this manner is unacceptable to You, Your only response is to terminate this Agreement. No other amendments to this Agreement shall be valid unless made in writing and signed by both You and Symantec. 
Payouts. A ?Customer? means a customer who used a Referral Link to purchase the Symantec Product on the Storefront. A ?Referral Link? is unique internet URL, issued to You, which is to be used to refer potential customers to the Storefront. A ?Referral Sale? is a sale of the Symantec Product or third party products bundled with a Symantec product on the Storefront to a purchaser who entered the Storefront and made the purchase via a Referral Link. ?Chargeback(s)? means an amount of money which has been: (i) deemed to have been refunded by or returned by Symantec or Parties associated with Symantec to a Customer, based on a Referral Sale which has been voided, retracted, subject to returns, been reversed due to fraud, non-receipt of payment from customer, or otherwise rescinded for any reason; or (ii) retrieved from, reserved against and/or charged against Symantec or parties associated with Symantec or any parties associated with Symantec credit card/debit card merchant account(s) under the terms of any 
applicable credit card merchant account(s) because of government actions including but not limited to embargo, court order, levy, security interest or other form of lien, reclamation, escheat or civil forfeiture. A Chargeback is a ?Related Chargeback? to the extent parties associated with Symantec records indicatethat such Chargebacks arose out of, or relate to, particular Referral Sale(s), regardless of whether the original Referral Sale occurred during the current payment period or prior payment period. ?Gross Receipts? means, for any particular period of time, the gross sum of money actually received from Customers during the relevant period for all Referral Sales under the Program less the amount collected by parties associated with Symantec for any shipping, sales or use taxes, value added or other transaction based taxes, import or export duties or import/export fees arising out of such Referral Sales. ?Net Receipts? means, for any particular period of time, the net result of the following calculation: (i) the Gross Receipts accruing during such period; less (ii) the gross sum of all Related Chargebacks (which accrued during such period), taxes, shipping and handling charges, payment transaction fees, and operational expenses associated with the processing and fulfillment of such Symantec products and/or services. Payouts will be calculated by multiplying the applicable commission by the appropriate Net Receipts accruing during the relevant payment period for a particular Affiliate. You acknowledge and agree that, in the unlikely event a transaction is credited to more than one affiliate network, last click logic will be used to determine the transaction owner and transaction will be credited to only one affiliate network. By way of illustration: (applicable commission percentage) x (Net Receipts accrued during the payment period) = Payout. Symantec reserves the right to retroactively modify Payouts based on tracking and/or reporting errors or mistakes. 
Confidentiality. Each Party acknowledges that in the course of the relationship contemplated by this Agreement it will receive information that is confidential and proprietary to the other. Each Party agrees not to use such information except in performance of this Agreement and not to disclose such information to third parties. Such confidential and proprietary information consists of the terms of this Agreement, and other information which by its nature or the circumstances surrounding it, should reasonably be considered as confidential by such disclosing Party and any other information disclosed by such Party. The foregoing restrictions will not apply to information that (a) has been independently developed other than pursuant to this Agreement, (b) has become publicly known through no wrongful act of the Party wishing to make use of such information, (c) has been rightfully received from a third party authorized to make such disclosure without restriction, (d) has been approved for release in writing, or (e) is required to be disclosed by law, pursuant to a statute, regulation or valid order, provided that the receiving Party required to make such disclosures shall first notify the disclosing Party and give the disclosing Party the opportunity to seek a protective order or to contest such required disclosure. 
Non-Exclusivity. Your relationship with Symantec is non-exclusive, and Symantec may enter into similar relationships with others without regard to competition with You or any of Your other interests. Symantec neither approves nor endorses Your business or other efforts other than potentially approving You to participate in the Program as described in this Agreement, and You shall not in any way imply any other approved or endorsement by Symantec. 
Export Compliance. You acknowledge and agree that: (a) Symantec licenses products and/or technical data and provides services (collectively, ?Controlled Technology?) that may be controlled under the United States Export Administration Regulations and may be subject to the approval of the United States Department of Commerce prior to export; (b) any export, directly or indirectly, of Controlled Technology 
in contravention of the United States Export Administration Regulations and other applicable law, is prohibited, including the laws of Ireland or Singapore if Controlled Technology is re-exported from those territories; and (c) Symantec product(s) are prohibited for export or re-exports to Cuba, Iran, North Korea, Sudan, and Syria and to any country or person subject to restriction (e.g. Iraq, Libya) or to any entity or person for which an export license is required. Use or facilitation of Symantec products in connection with chemical, biological, or nuclear weapons, or missiles, drones or space launch vehicles capable of delivering such weapons is prohibited. Additional information on export compliance may be found at www.bis.doc.gov. 
No Warranties; Disclaimers; Limitation on Liability. Symantec makes no promises or warranties to You that customers will purchase products through You as part of your participation in the Program, or that the Storefront will operate at all times or without error. 
THE PROGRAM, THE SYMANTEC CONTENT, AND TO THE EXTENT PERMITTED BY APPLICABLE ALW, ALL EXPRESS AND IMPLIED WARRANTIES WITH RESPECT TO THE PROGRAM, THE SYMANTEC CONTENT AND ANY SYMANTEC PRODUCTS, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED. SYMANTEC LICENSES ITS PROGRAM MATERIALS ?AS IS,? AND ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS (INCLUDING ANY IMPLIED WARRANTY OF NONINFRINGEMENT, MERCHANTABILTY OR FITNESS FOR A PARTICULAR PURPOSE) ARE DISCLAIMED. 
SYMANTEC SHALL NOT BE LIABLE TO YOU FOR INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR THE LOSS OF ANTICIPATED PROFITS ARISING FROM ANY PERFORMANCE OR BREACH OF THIS AGREEMENT EVEN IF NOTICE IS GIVEN OF THE POSSIBILITY OF SUCH DAMAGES. THE LIABLITY OF SYMANTEC HEREUNDER SHALL BE LIMITED TO ONE HUNDRED DOLLARS (US$100). THE LIMITATIONS UPON DAMAGES AND CLAIMS SET FORTH IN THIS AGREEMENT IS INTENDED TO APPLY WITHOUT REGARD TO WIETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OR ANY LIMITED REMEDY PROVIDED HEREIN. 
You agree that Your sole and exclusive remedy for any breach of this Agreement by Symantec is for You to: (a) collect any payments owed to You by Symantec as a result of Your participation in the Program according to its terms; or (b) terminate this Agreement. 
Indemnification. You shall indemnify and hold Symantec harmless from and defend any claim, suit, demands, losses, costs, expenses, penalties or proceeding, and pay any settlement amounts or damages, arising out of claims by third parties which arise, result from, or relate to: (a) Your violation, breach, or failure to perform any of Your representations, warranties, and/or obligations under this Agreement; (b) an actual or alleged breach of any applicable laws by You; (c) an actual or alleged breach of any applicable laws by Symantec caused directly or indirectly by Your actions or inactions; (d) Your participation in the Program; (e) other activities You perform, services your provide, or products You sell; (f) the assertion of any infringement or other claims alleging that Your content, including Your creative content that is created under this Agreement, or Your website violates an intellectual property or any 
other person or organization; (g) the negligence or willful acts or omissions of Your or Your employees or agents; or (h) Your breach of the export compliance stipulated in this Agreement. 
Symantec will promptly notify You in writing of any such claim, and permit You to control the defense or settlement thereof and will cooperate in the defense or settlement thereof. If You fail to respond to Symantec after its written notice to You within fourteen (14) business days, fail to undertake and continue the defense, or fail (in Symantec?s sole and reasonable opinion) to adequately pursue or conduct the defense, Symantec will have the right (but not the obligation) to make and continue the defense it considers appropriate, and the expenses and costs thereof (including without limitation the amounts of any judgment rendered against Symantec) will be paid by You. You further agree that You will indemnify Symantec for any reasonable attorneys? fees or other costs incurred by Symantec in investigating or enforcing its rights under this Agreement. 
No Assignment. You may not assign any rights or obligations under this Agreement, by operation of law or otherwise, without Symantec?s prior written consent. Any attempted assignment except as expressly allowed by this section is null and void. Subject to the foregoing, this Agreement will benefit and bind the successors and assigns of the parties. 
Potential Relief. You acknowledge that a breach of this Agreement may cause irreparable damage that cannot be remedied in monetary damages in an action at law, and may also constitute infringement of Symantec?s rights in and to its web site, trade names, trademark, copyrighted materials and/or logo. In the event of any breach that could cause irreparable harm to Symantec, or cause some impairment of or dilution of its reputation or trademark rights in Symantec?s logo, Symantec shall be entitled to an immediate injunction, in addition to any other legal or equitable remedies. 
Miscellaneous. Each Party represents and warrants to the other Party that it has full power to enter into this Agreement and to carry out its obligations under this Agreement. Each Party acknowledges and agrees that it is an independent contractor and not an agent, partner or joint venture of the other Party. Any term adjudged unenforceable is deemed amended to the extent to make it enforceable and the balance remains in full force. The right to require performance of any duty hereunder is not barred by any prior waiver, forbearance or dealing. This Agreement is the complete and exclusive agreement between the Parties with respect to the Agreement?s subject matter. The Agreement supersedes and replaces any and all prior agreements, communications, and understandings, both written and oral, about this subject matter. This Agreement may be executed in counterparts. 
Governing Law. This Agreement is to be construed in accordance with and governed by the internal laws of the State of California (as permitted by section 1646.5 of the California Civil Code or any similar successor provision) without giving effect to any choice of law rule. In the event of any legal action or claim concerning the terms of this Agreement or the performance of any Party under the terms of this Agreement, all reasonable legal fees, costs and expenses of the prevailing Party relating to such legal action or claim shall promptly be paid by the other Party. You hereby agree that the exclusive jurisdiction and venue for any legal action or proceeding relating to this Agreement shall be in the state and federal courts sitting in Santa Clara County in the State of California. Notices to either Party shall be in writing and shall be deemed delivered when served in person or three (3) business days after being deposited in the United States mail, first-class certified mail, postage prepaid, return receipt requested, or one (1) business day after being dispatched by an internationally recognized one-day express courier service 
addressed to the parties as indicated below. A copy of any notice to Symantec shall be sent to the General Counsel at 350 Ellis Street, Mountain View, California 94043.

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350 Ellis St Mountain View, CA 94043

List of prohibited keywords:

"Altiris™","Backup Exec™","Bare Metal Restore™","BindView™","Brightmail™","ColorScale™","CommandCentral™","DeepSight™","Enterprise Vault™","Ghost™","InfoVault™","LiveUpdate™","MessageLabs™","NetBackup™","Netsure™","Norton™","Norton 360™","NortonLive™","Norton One™","Norton SystemWorks™","Norton Utilities™","OpForce™","pcAnywhere™","PGP™","Power Server ID™","Protecting The Stuff That Matters™","SpeedSend™","StorageCentral™","Symantec™","TruScan™","TrustBearer™","Turn it on. Keep it on™","Veritas™","Veritas Data Center Foundation™","Veritas Server Foundation™","Veritas Storage Foundation™","Wise Package Studio™","GeoCode™","GeoTrust™","Power Server ID™","QuickSSL™","RapidSSL™","True Credentials™","Activity Shield™","Browser Defender™","Cobra™","Desktop Mechanic™","Guideworks™","Intelliguard™","Intelli-Scan™","Intelli-Signature™","Malware Doctor™","PC Tools™","PC Tools iAntivirus (And Bug Design)™","Pocket Guardian™","Popup Doctor™","Redwall™","Registry Mechanic™","Scam Doctor™","Spydoctor™","Spyware Doctor™","Threatexpert™","Threatfire™","Threatpedia™","Threatplex™","Winguides™","It's A Trust"
List of allowed keywords:

"Information protection","authenticating","analyzing","data storage","endpoint management","encryption","cloud","virtualization","eDiscovery","recovery","web security","manage information","computer protection","digital protection","antivirus","anti-virus software","antivirus protection","virus software","virus protection","pc security","computer security","internet security","firewall","personal firewall","anti-spyware","Norton Security","All-in-one security","PC Tuneup","Data Security","online transaction security","Norton Antibot","anti-bot","Systemworks","all-in-one protection","email security","backup protection","email hack protection","speed up my PC","computer backup","PC backup","online banking protection","password protection","protect online transactions","protect using credit cards online","mobile phone security","smartphone protection","locate mobile phone","tablet protection","tablet security","tablet internet protection","app protection","mobile app protection","cyber security","identity theft"

Thursday, May 14, 2015

Symantec California

Symantec CA

Symantec CA

Symantec CA

Symantec CA

Symantec CA

Symantec CA

Symantec CA

Symantec CA

Symantec CA

Symantec CA

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