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"Account" means a profile on the Hosted Services requiring personal identification, including Administrator Accounts, Client Accounts and Participant Accounts (collectively ‘’Company Accounts’’);
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"Activity" means the action of awarding Points or a Voucher to a Participant on the Hosted Services.
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"Agreement" means this agreement including any Appendix, and any amendments to this Agreement from time to time;
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"Business Day" means any weekday other than a public holiday in Quebec, Canada;
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"Business Hours" means the hours of [09:00 to 17:00 EST] on a Business Day;
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"Client Confidential Information" means any information disclosed by or on behalf of the Client to the Provider at any time before the termination of this Agreement (whether disclosed in writing, orally or otherwise) that at the time of disclosure was marked as "confidential".
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"Client Data" means all data, works and materials: uploaded to, written on, shared on or stored on the Platform by the Client or his Participants; transmitted by the Platform at the instigation of the Client; supplied by the Client to the Provider for uploading to, transmission by or storage on the Platform; or generated by the Platform as a result of the use of the Hosted Services by the Client and its Participants;
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"Documentation" means the documentation for the Hosted Services produced by the Provider and delivered or made available, from time to time, by the Provider to the Client;
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"Free License" means a License that is offered free of License Fees.
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"Force Majeure Event" means an event, or a series of related events, that is outside the reasonable control of the party affected (including failures of the internet or any public telecommunications network, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars;
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"Fulfillment Services" means the marketplace redemption fulfillment services provided by the Provider to the Client.
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"Hosted Services" means the Applauz application, as specified in the Hosted Services Specification, which will be made available by the Provider to the Client as a service via the internet in accordance with this Agreement.
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"Hosted Services Defect" means a defect, error or bug in the Platform having a material adverse effect on the appearance, operation, functionality or performance of the Hosted Services, but excluding any defect, error or bug caused by or arising as a result of:
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any act or omission of the Client or any person authorised by the Client to use the Platform or Hosted Services;
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any use of the Platform or Hosted Services contrary to the Documentation, whether by the Client or by any person authorised by the Client;
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a failure of the Client to perform or observe any of its obligations in this Agreement; and/or
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an incompatibility between the Platform or Hosted Services and any other system, network, application, program, hardware or software connected to the Hosted Services.
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"Intellectual Property Rights" means all intellectual property rights wherever in the world, whether registrable or unregistrable, registered or unregistered, including any application or right of application for such rights (and these "intellectual property rights" include copyright and related rights, database rights, confidential information, trade secrets, know-how, business names, trade names, trademarks, service marks, passing off rights, unfair competition rights, patents, petty patents, utility models, semi-conductor topography rights and rights in designs).
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"Maintenance Services" means the general maintenance of the Platform and Hosted Services, and includes provision of such updates, upgrades, bug fixes, patches and other error corrections (collectively, "Updates") as the Provider makes generally available free of charge to all Clients of Applauz then entitled to Support Services and Maintenance Services.
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"Participant” means an Account that was assigned a License by the Client to access and utilize the Client’s Applauz Hosted Services.
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"Permitted Purpose" means the lawful and permissible use of the Platform in order to use the Hosted Services;
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"Personal Data" means data which relates to an individual who can be identified from those data, or from those data and other information which is in the possession of the Provider;
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"Platform" means the platform managed by the Provider and used by the Provider to provide the Hosted Services, including the application and database software for the Hosted Services, the system and server software used to provide the Hosted Services, and the computer hardware on which that application, database, system and server software is installed;
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"License" means the authorization needed in order to allow an Account to use the Hosted Services. A License can only be assigned to a single Account at a time, but the Account assigned to a License can be changed at any time.
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"License Fee" means the fee associated to the Licenses purchased by Client.
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"Product" means any merchandise, gift card, e-reward or any other item available to be redeemed by Participants on the Hosted Services’ marketplace.
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"Points" means a currency that Participants may use within the Hosted Services in exchange for Products in the marketplace or Perks.
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"Renewal Date" means the date at which the next License Fee is scheduled to be paid by the Client.
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"Schedule" means any schedule attached to the main body of this Agreement.
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"Services" means any services that the Provider provides to the Client, or has an obligation to provide to the Client, under this Agreement.
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"Support Services" means support in relation to the use of, and the identification and resolution of errors in, the Hosted Services, but shall not include the provision of training services.
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"Supported Web Browser" refers to the most current release of Google Chrome, Apple Safari, or any other web browser that the Provider agrees in writing shall be supported.
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"Voucher" means a predetermined-value currency that Participants may use in a single transaction within the Platform’ marketplace in exchange for Products.