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Terms and Conditions

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Soundtrack Your Brand Terms *
Soundtrack Your Brand Partner Program Terms and Conditions
 
LAST UPDATE: 2019-12-03
 
Introduction
 
This Partner Program Agreement (the "Agreement") is made and entered into by and between Soundtrack Your Brand Sweden AB ("SYB", "we", “our” or ”us”) and you, ("you") the party submitting an application to become an SYB Partner. The terms and conditions contained in this Agreement and on the Partner Program website soundtrackyourbrand.hasoffers.com (the “Partner Program Website”) apply to your participation in our Partner Program (the "Partner Program"). We are confident and require that you as an authorized partner, retailer or affiliate will promote and represent the Soundtrack Your Brand trademarks according to this Agreement including but not limited to our terms and conditions regarding marketing and branding found at https://www.soundtrackyourbrand.com/legal/terms-and-conditions-for-marketing-and-branding and our miscellaneous brand assets and guidelines at https://www.soundtrackyourbrand.com/partner-portal/affiliates.
 
Your use of the Soundtrack Your Brand trademark (which includes our registered or non-registered trademarks, trade names, logos, domains, slogans, symbols and designs, our colours that identifies us and our products and services, “SYB Trademark(s)” or “Soundtrack Your Brand Trademark(s)”) must at all times comply with this Agreement, including supplementary terms, and your agreement with us as amended from time to time in writing or as otherwise communicated. We reserve the right to revoke any rights granted to you in respect to the use of the SYB Trademarks at any time by giving you notice to that effect. In such case you must immediately cease all use of and delete all references to the SYB Trademarks.
 
When participating in our Partner Program, we expect you to follow the terms of the Agreement as well as some general house rules set out below:
 
- You shall ensure that each Customer accepts the Terms before accessing the Service and that each Customer affirmatively accepts, direct or indirect, the Terms when first accessing the Service. Each Customer shall be invited to the Service in accordance with the functionality in the Service;
- Unless prior written approval has been obtained, when placing ads in a place where SYB also advertises, your ads must point to your Media, not SYB’s.
- Bidding on our competitors’ trademarks is not allowed. You may not use the brand names (or misspellings) of competitors in your ad copy, ad title, ad text, display URL or landing pages.
- You are not allowed to directly compete with SYB on SYB’s Trademarks, typos of the SYB Trademarks and variations that include ‘.com’, other TLDs or misspellings, nor brand phrases i.e. phrases that contain the SYB Trademark along with a generic word. When possible the same terms must be added as negative matches to avoid accidental auto-matching. Where you and SYB are bidding on the same keyword, you are forbidden to outrank us in PPC results. You are responsible for tracking this in your own 3rd party tools.
- You are not allowed to register any domains or trademarks that contain any SYB Trademark, typos thereof or domain or trademark that may be similar to any SYB Trademark.
- Link Cloaking is allowed subject to our prior approval in respect thereof. You should practice deep linking/direct linking where possible. Please see https://help.tune.com/hasoffers/deep-links/ for more details
- You are at all times required to follow the editorial guidelines of all major search engines. For example, the landing page must match the display URL. Redirects or jump pages that immediately redirect to the SYB website are not allowed.
- You may not use the SYB Trademarks, nor any Spotify brand, or misspellings thereof in your keyword targeting, bidding, ad copy, ad title, ad text or display url or in any part of any PPC advertising conducted. With PPC we refer to any form of search based advertising across any search engine, including but not limited to Google, Bing, Yahoo, Yandex and Baidu.
- You are not allowed to appear in PPC advertising for any terms related to or including the SYB Trademarks
- Where you are using PPC advertising, you may not use overly promotional copy. Please refer to the Google AdWords Editorial guidelines for more details https://support.google.com/adwordspolicy/answer/6021546?hl=en
- You may not use overly intrusive display advertising techniques, including but not limited to multiple (2 or more) popups or popover, overly aggressive interstitial ads, playful flash ads (that replicate an online game), or ads that have an intentionally difficult user experience (hiding or committing close/hide buttons).
- You are not allowed to refer to price or offers in your ad copy, ad title, ad text or display URL or in any part of any PPC advertising conducted. Price may only be discussed in banner ads and/or landing pages.
- You must ensure that no advertising of SYB is made on sites/pages/categories/website/content/etc related to death and tragedy, mature audiences (DL-MA), sexually suggestive, gambling, error pages or in-game.
- We do not allow any evasion, including hiding the affiliate link when the visits are from either you or from search engine editorial bots checking on paid ads.
- We require compliance with any and all applicable laws and regulations, including but not limited to advertising. In addition, conducting business in a legally compliant and ethical way is of paramount importance to SYB and we require you to at all times abide by our Anti-Bribery Policy and our Code of Conduct (both available upon request).
 
If you become aware of any use of the SYB Trademarks in breach of this Agreement, we kindly ask you to notify us at  affiliates@soundtrackyourbrand.com and/or legal@soundtrackyourbrand.com. 
 
Currently we only accept applications from business entities that are registered for corporate tax, VAT or similar and able to provide valid documentation for such. Hence, we do not accept applications from private individuals or sole traders. 
 
By completing a Partner Program application, submitting the same through the Partner Program Website, or otherwise taking part in the Partner Program, you agree to be bound by the terms and conditions of this Agreement. You furthermore affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions, as communicated and amended from time to time. If you do not wish to be bound by this Agreement, you should not submit an application to the Partner Program or otherwise take part in such program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that he or she has the legal capacity and authority to bind such business entity to this Agreement.
 
 
Definitions
 
“Partner Account” means your Partner Program user account. 
 
”SYB Account” means a SYB account created by an end-user, being a Referred Customer, through the registration process on our website, and through which such end-user gains access to our Service.
 
”Service” means the music streaming service offered by SYB for commercial, non-private use.
 
”Referred Customer” means each new, unique bona fide business end-user who i) directly access our website www.soundtrackyourbrand.com via the Link, where the Link is the last link to the website, ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person representing an entity, (iii) is not using pre-populated fields, and iv) successfully registers a SYB Account for access to and use of our Service. SYB does not accept any fraudulent behaviour and reserves the right to decline fraudulent Referred Customers in its sole discretion. Declined Referred Customers will not entitle you to any Commission.  
 
 
Enrolment in the Partner Program
 
In order to become a partner with the Partner Program, you must complete the registration procedure and submit an application via the Partner Program Website. You must accurately complete the application to become a partner and not use any aliases or other means to mask your true identity or contact information.
 
You must inform us of and you are solely responsible for any changes concerning the information given to us by updating your Partner Account. You shall protect the username and password issued by us and you will take full responsibility for your own, and any third party use of your password and Partner Account. You are and remain solely responsible for all activities (including misuse) that take place through your Partner Account. You undertake to inform us immediately if you become aware of unauthorized use of your Partner Account.
 
If fraud or misuse via your Partner Account is suspected, which also includes the insertion of false, incorrect, incomplete or outdated information in your Partner Account, we may close down your Partner Account, without payment of any Commission, penalty or compensation. You then lose all Commission earned and the right to participate in the Partner Program. If your Partner Account is closed, you are not entitled to open a new Partner Account.
 
After having reviewed your application, we will notify you of your acceptance or rejection to the Partner Program within reasonable time. We may accept or reject your application at our sole discretion for any reason.
 
 
PRIVACY POLICY
 
THE SOUNDTRACK YOUR BRAND PARTNER PROGRAM PRIVACY POLICY AS UPDATED FROM TIME TO TIME, IS HEREBY INCORPORATED IN AND MADE AN INTEGRAL PART OF, THIS AGREEMENT. YOU WARRANT THAT YOU HAVE READ THE SOUNDTRACK YOUR BRAND PARTNER PROGRAM PRIVACY POLICY AND YOU ACKNOWLEDGE AND EXPRESSLY AGREE TO THE USE OF PERSONAL DATA AND COOKIES IN ACCORDANCE WITH THE TERMS OF AND FOR THE PURPOSES SET FORTH IN THE POLICY.
 
 
Linking to our website
 
We will make available to you via the Partner Program graphic and textual links to our website www.soundtrackyourbrand.com and/or other creative materials (collectively, the "Links") which you may display on websites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Partner Program and will establish a link from your Media to our website www.soundtrackyourbrand.com. The Links are hypertext links that will be made available to you by us, and will incorporate unique identifier information (“Affiliates Program identifier”) that will be provided to you by us. Each Link must connect directly to our website www.soundtrackyourbrand.com or subdomains or other site as instructed by us.
 
You may not transmit "interstitial advertising" to users as they link from your site to our website, or otherwise interrupt such link through the use of any intermediate screen or device, including without limitation the use of any html pop-up window. In addition, you may not frame, or otherwise create a border environment or browser around, our website, or the contents thereof. You will be solely responsible for properly incorporating the Affiliates Program identifier information into your Link and testing the Link to ensure that it operates properly.
 
No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by us in writing. Any pop-ups/unders used for the Partner Program shall be clearly identified as served by you in the title bar of the window and any client-side ad serving software used by you shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted end user license agreement and the software be easily removed according to generally accepted methods.
 
Commission and payment
 
During the term of this Agreement, we will pay you a commission for each Referred Customer as listed on the Partner Program Website from time to time (the “Commission”). The Commission and other terms vary depending on which offers and/or campaigns you choose to promote. Information regarding current offers and campaigns is available through your Partner Account. 
 
You may not, directly or indirectly, offer any person or entity any consideration or incentive for using the Links on your site to access our website. If we determine, in our sole discretion, that you are in violation of the foregoing sentence or otherwise is not in compliance with our Anti-Bribery Policy and/or Code of Conduct, we may withhold any Commission otherwise payable to you pursuant to this Agreement, in addition to all other remedies available to us.
 
We will pay you any Commissions every other week, provided that your account is currently greater than the minimum amounts set out on the Partner Program Website from time to time. Accounts with a balance of less than the minimum amounts will roll over to the next payout period, and will continue to roll over until the minimum is reached. Unless a lower threshold has been explicitly stated, we will only pay out Commission in case the amount due exceeds USD 75. Any unpaid amount will be rolled over to the next month and will be paid out once the balance exceeds USD 75. We may require you to give us additional information, in order for us to comply with any applicable laws and regulations, including tax reporting requirements. You hereby agree to provide such information as we may reasonably request it for such purposes. Payment of Commission is at all times subject to you providing us with any and all information that we may require in order to legally process such payment.
 
We reserve the right to charge back to your account any previously paid Commission that is later determined to have been generated by a Referred Customer that is determined not to have met the requirements for a Referred Customer. 
 
Payment of commission will be made in USD or other currency as determined by SYB from time to time. Where applicable, we use an industry standard way of determining exchange rates, such as www.openexchangerates.org.
 
Payments of Commission are made using the service of PayPal or another service as communicated by SYB from time to time. You are responsible to make sure that you can receive such Commissions. You are charged for all transfer and receiving fees that may occur, which will be subtracted from our payments to you. 
 
Payment of Commission is subject to that you have provided complete company name, corporate registration and tax number, address, bank account and payment information. If a payment cannot be made, the balance will accumulate until a payment can be made. We shall not be held liable for incorrect payments caused by your failure to provide true and correct information to us. Payment of Commissions that we are unable to process within 6 months will render void.
 
You are solely responsible for the payment of all applicable taxes, social charges and the like. We will pay VAT to you, where applicable, if you have provided and presented a registration for corporation taxation, a valid VAT registration number as well as a valid VAT invoice (according to the above terms). 
 
Your responsibilities
 
You will have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
 
You must ensure that all materials posted on your Media or otherwise used in connection with the Partner Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights or any other rights of any third party and (iii) do not contain or include any material that is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities or otherwise contains materials that we from time to time may inform you that we consider objectionable (collectively, "Objectionable Content").
 
You will not make any representations, warranties or other statements concerning us or any of our products or services, except as expressly authorized herein.
 
You will make sure that your Media does not copy or resemble the look and feel of our website or create the impression that your Media is endorsed by us or our affiliates or a part of our website, without prior written permission from us.
 
You will comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
 
You will comply with the terms, conditions, guidelines and policies of any third party services used by you in connection with the Partner Program, including but not limited to, email providers, search engines, social networking services and ad networks.
 
You will always prominently post and make available to customers, including prior to the collection of any personally identifiable information, a privacy policy in compliance with all applicable laws that clearly and thoroughly discloses all information collection, use and sharing practices, including providing for the collection of such personally identifiable information in connection with the Partner Program and the provision of such personally identifiable information to us or our affiliates for use as intended by us or our affiliates.
 
You will always prominently post and make available to customers any terms and conditions in connection with your promotion of our services and products, or as required by applicable laws regarding such promotions.
 
You will always make sure to not place ads on any online auction platform (i.e. eBay, Amazon, etc.).
 
 
Warranties
 
You warrant to us that: i) this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, ii) any information you provide to us in connection with your participation in the Partner Program will be true and correct, iii) the execution, delivery, and performance by you of this Agreement and the consummation by you of the transactions contemplated hereby shall not, with or without the giving of notice, the lapse of time, or both, conflict with or violate a) any provision of law, rule, or regulation to which you are subject, b) any order, judgment, or decree applicable to you or binding upon your assets or properties, c) any provision of your by-laws or certificate of incorporation, or d) any agreement or other instrument applicable to you or binding upon your assets or properties, iv) no consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made by you in connection with the execution, delivery, and performance of this Agreement or the taking by you of any other action contemplated hereby, v) you have the authority to represent a business entity (e.g. partnership, limited company), are registered for corporate taxation and hold a valid VAT registration number, and vi) your website(s) will not infringe, violate or misappropriate any copyright, trade secret, trademark, or other proprietary or intellectual property right of any third party or constitute libel, defamation, invasion of privacy or the violation of any right of publicity or any other right of any third party.
 
 
Confidentiality
 
Except as otherwise provided in this Agreement or with the consent of us, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Partner Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. You shall not use any information obtained from the Partner Program to develop, enhance or operate a service that competes with the Partner Program, or assist another party to do the same.
 
 
Limited license
 
We grant you a non-exclusive, non-transferable, revocable right to use the Links and to access our website through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Partner Program and assisting in increasing registration of SYB Accounts through our website.
 
You may not alter, modify, manipulate or create derivative works of the Links or any of our graphics, creative, copy or other materials or intellectual property owned by, or licensed to, us in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Partner Program. We may revoke your license anytime by giving you written (email suffices) notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of our SYB Trademarks or other trademarks, service marks, copyrights, patents, domain names, software or trade secrets, and you shall not claim, at any time, the ownership of any such rights. You agree that we may use any suggestion, comment or recommendation you choose to provide to us without compensation, and any rights over amendments, improvements or adjustments based on such suggestions, comments or recommendations shall belong exclusively to us. We reserve all rights not expressly granted in this Agreement.
 
 
Term and termination
 
This Agreement shall commence on the date of our approval of your Partner Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Partner Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate this Agreement at any time and for any reason, which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all SYB Trademarks and other intellectual property, and will cease representing yourself as a SYB partner or affiliate. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination as further set out herein.
 
 
Remedies
 
In addition to any other rights and remedies available to us under this Agreement we reserve the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commission or charge back paid Commission to your account if (i) we determine that you have violated this Agreement, (ii) we receive any complaints about your participation in the Partner Program which we reasonably believe to violate this Agreement or (iii) any Referred Customer is later determined to have not met the requirements set forth in this Agreement. Such withholding or freezing of Commission, or charge backs for paid Commission, shall be without regard as to whether or not such Commission were earned as a result of such breach. In the event of a material breach of this Agreement, we reserve the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
 
 
Fraud
 
You are expressly prohibited from using any means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commission or exceed your permitted access to the Partner Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. We shall make all determinations about fraudulent activity in our sole discretion.
 
 
Modifications
 
We may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email, on our site or otherwise. The changes will become effective five (5) days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such five (5) day period. Your continued participation in this Partner Program ten (10) days after a change notice has been posted will constitute your acceptance of such change. In addition, we may change, suspend or discontinue any aspect of a Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. You agree to promptly implement any request from us to remove, alter or modify any Link, graphic or banner ad that is being used by you as part of the Partner Program.
 
 
INDEPENDENT INVESTIGATION
 
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR SITE(S). YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATES PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
 
 
INDEMNIFICATION
 
YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS US AND OUR SUBSIDIARIES, AFFILIATES, PARTNERS AND LICENSORS, DIRECTORS, OFFICERS, EMPLOYEES, OWNERS AND AGENTS AGAINST ANY AND ALL CLAIMS, ACTIONS, DEMANDS, LIABILITIES, LOSSES, DAMAGES, JUDGMENTS, SETTLEMENTS, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) BASED ON (I) ANY FAILURE OR BREACH OF THIS AGREEMENT, INCLUDING ANY REPRESENTATION, WARRANTY, COVENANT, RESTRICTION OR OBLIGATION MADE BY YOU HEREIN, (II) ANY MISUSE BY YOU, OR BY A PARTY UNDER YOUR REASONABLE CONTROL OR OBTAINING ACCESS THROUGH YOU, OF THE LINKS, OUR INTELLECTUAL PROPERTY, OR (III) ANY CLAIM RELATED TO YOUR MEDIA, INCLUDING BUT NOT LIMITED TO, THE CONTENT CONTAINED ON SUCH MEDIA (EXCEPT FOR THE LINKS). YOU SHALL BE RESPONSIBLE FOR THE PAYMENT OF ALL ATTORNEYS’ FEES AND EXPENSES INCURRED BY US TO ENFORCE THE TERMS OF THIS AGREEMENT.
 
 
DISCLAIMER
 
THE PARTNER PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED BY US "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, WE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. WE DO NOT WARRANT THAT THE PARTNER PROGRAM OR LINKS WILL MEET YOUR SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE PARTNER PROGRAM OR LINKS WILL BE COMPLETELY ERROR-FREE OR UNINTERRUPTED. WE DO NOT GUARANTEE THAT YOU WILL EARN ANY SPECIFIC AMOUNT OF COMMISSION. THE PROVISIONS OF THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON.
 
 
LIMITATION OF LIABILITY
 
IN NO EVENT SHALL WE BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, WEBSITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND. IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. OUR CUMULATIVE LIABILITY TO YOU, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO YOU BY US IN COMMISSION DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM. THE PROVISIONS OF THIS SECTION WILL SURVIVE EXPIRATION OR TERMINATION OF THIS AGREEMENT FOR ANY REASON.
 
 
Entire agreement
 
This Agreement contains the entire agreement between you and us with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral.
 
 
Assignment
 
Affiliate may not assign all or any part of this Agreement without our prior written consent. We may assign this Agreement at any time with notice to you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto.
 
 
Severability
 
If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties.
 
 
Legal relationship
 
Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, agency, association or employment relationship between the parties.
 
 
No waiver
 
No course of dealing or any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
 
 
Governing law and arbitration

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without reference to its conflicts or choice of laws provision. Any dispute, controversy or claim arising out of, or in connection with, this Agreement, or the breach, termination or invalidity of the Agreement, shall be finally settled by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce. The place of arbitration shall be Stockholm, Sweden. The language to be used in the arbitral proceedings shall be English.
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