Google Play Books affiliate program

The Google Play Affiliates program allows partners to earn commissions by linking directly to content in the Google Play store.

Benefits of participating in the program include:

• - Commissions on qualifying sales
• - Quick and easy promotion of content in the Google Play store  
• - Seamless purchase experiences for customers
• - Valuable insights into campaign performance with clickthrough and conversion data

Additional Resources
The Google Play Affiliates Help Center

Google Play Affiliate Program Terms

Google (as defined below) and you (on behalf of the entity for which you accept these terms (such entity, “You” or “Your” or “Affiliate”) agree to these Google Play Affiliate Program Terms (these “Affiliate Terms”) as a condition of Your joining the Google Play Affiliate Program (the “Program”). Accordingly, you represent and warrant that you have the full power and authority to agree to these Affiliate Terms on behalf of Affiliate, and that these Affiliate Terms will constitute a valid and binding agreement with Affiliate following such acceptance.

These Affiliate Terms are additional to and not in lieu of Your agreement with Performance Horizon Group, Ltd. (“PHG”) entered into with respect to the Program (the “PHG Terms”), and You agree to comply with these Affiliate Terms and the PHG Terms at all times. In the event of any conflict between these Affiliate Terms and the PHG Terms, these Affiliate Terms shall control.

The Program will be made available to Affiliate only in those countries where Google offers to the general public Google Play Music and/or the Google Play Store (as each term is defined below) (such countries, the “Territory”).

The capitalized terms set forth below shall be defined as follows:

“App Lead” means a click of a Buy Button that results in a user being directly transferred to Google Play Store App.

“Buy Lead” means an App Lead or a Web Lead.

“App Net Revenue” means revenue received from Purchases that are generated within the first twenty-four (24) hours following an App Lead’s entry into the Google Play Store App (provided that such App Lead shall be deemed expired if the device from which the App Lead was generated re-enters Google Play Store App via another affiliate link other than a Buy Button), less amounts attributable to fraud, expired, cancelled or invalid credit cards, refunds or chargebacks and exclusive of taxes.

“Button” means a Buy Button or Listen Button.

“Buy Button” means a prominently featured link located on Your Property, which, when clicked, hyperlinks directly from Your Property to the product page for the specific item of Digital Content in the Google Play Store that corresponds to such link and contains a properly provided unique code/tracking parameter for Your Property pursuant to the PHG Terms. You will label all Buy Buttons with “Buy on Google Play” (or another label mutually agreed by the parties). Notwithstanding anything herein to the contrary, Affiliate’s use of a Buy Button must primarily target users located in the portion of the Territory where the corresponding item of Digital Content is made available in the Google Play Store.

“Campaign” means the specific category of Digital Content (e.g., music, movies, books, etc.) within the Program to which You have been accepted by Google in its sole discretion.

“Confidential Information” means information that one party (or its affiliate) discloses to the other party under these Affiliate Terms, and that is marked as confidential or would normally be considered confidential information under the circumstances. Confidential information does not include information that is independently developed by the recipient, is rightfully given to the recipient by a third party without confidentiality obligations, or becomes public through no fault of the recipient.

“Digital Content” means consumable digital media and content that is not a software application, including without limitation electronic books, electronic periodicals, video and music.

“Google” means Google Inc., a Delaware corporation with principal place of business at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States; Google Ireland Limited, a company incorporated in Ireland with principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; Google Commerce Limited, a company incorporated in Ireland with principal place of business at Gordon House, Barrow Street, Dublin 4, Ireland; and Google Asia Pacific Pte. Limited, a company incorporated in Singapore with principal place of business at 8 Marina View, Asia Square 1 #30-01, Singapore 018960.

“Google Play Music” means the paid-for subscription-based music streaming service accessed at http://play.google.com/music or through the Google Play Music Android application (but excluding, for clarity, any other Google Play Music applications other than the Android application).

“Google Play Store” means the Google Play Store App and/or the Google Play Web Store.

“Google Play Store App” means the application currently branded Google Play for the Digital Content store via which Google offers items of Digital Content for purchase (and all Google-controlled applications that are intended by Google to be variations and derivatives thereof).

“Google Play Web Store” means the Digital Content store found at http://play.google.com via which Google offers items of Digital Content purchase (and all Google-controlled domains that are intended by Google to be variations and derivatives thereof).

“Lead” means a Buy Lead or a Listen Lead.

“Listen Button” means a link located on Your Property, which, when clicked, hyperlinks directly from Your Property to (a) the product page for the specific item of Digital Content on Google Play Music that corresponds to such link, (b) the sign-up page for a subscription to the Google Play Music service or (c) another option as mutually agreed by the parties (e.g. interstitial web page), and, in each case, contains a properly provided unique code/tracking parameter for Your Property pursuant to the PHG Terms. You will label all Listen Buttons with “Listen on Google Play” (or another label mutually agreed by the parties). Notwithstanding anything herein to the contrary, Affiliate’s use of a Listen Button must primarily target users in the portion of the Territory where Google Play Music is made available and, with respect to any Listen Button that hyperlinks to a product page for a specific item of Digital Content, must primarily target users in the portion of the Territory where such item is made available on Google Play Music.

“Listen Lead” means a click of the Listen Button that results in a user being directly transferred to Google Play Music.

“Net Revenue” means App Net Revenue and Web Net Revenue, as applicable.

“Personal Information” means (a) any information about an identifiable individual and (b) information that is not specifically about an identifiable individual but, when combined with other information, may identify an individual. Personal Information includes names, email addresses, postal addresses, telephone numbers, government identification numbers, financial account numbers, payment card information, credit report information, biometric information, IP addresses, network and hardware identifiers, and geolocation information. Personal Information does not include the parties’ business contact information (specifically, business addresses, phone numbers, and email addresses) including the party’s contact persons’ names used solely to facilitate the parties’ communications for administration of these Affiliate Terms.

“Protected Information” means Personal Information and Google’s Confidential Information that You or Your personnel may access in connection with the Program.

“Purchase” means the successful purchase of an item of Digital Content on the Google Play Store, provided that (a) the purchase is compliant with Google’s then-current standard terms applicable to thereto and (b) the Digital Content is within the same category as Your Campaign or, if You have been accepted into more than one Campaign, the Campaign with which the Buy Lead that generated the applicable purchase is associated (as determined by Google in its sole discretion).

“Security Incident” means an actual or reasonably likely loss of or unauthorized disclosure, access, or use of Protected Information.

“Trial” means the successful completion of a new free trial sign-up to Google Play Music that is compliant with Google’s then-current standard terms applicable to such free trial and is generated within the first twenty-four (24) hours following entry into Google Play Music from a Listen Lead (provided that such Listen Lead shall be deemed expired if the device from which the Listen Lead was generated re-enters Google Play Music via another affiliate link other than such Listen Lead).

“Web Lead” means a click of a Buy Button that results in a user being directly transferred to Google Play Web Store.

“Web Net Revenue” means revenue received from Purchases that are generated within the first twenty-four (24) hours following a Web Lead's entry into Google Play Web Store (provided that such Web Lead shall be deemed expired if the browser from which the Web Lead was generated re-enters Google Play Web Store via another affiliate link other than a Buy Button), less amounts attributable to fraud, expired, cancelled or invalid credit cards or chargebacks and exclusive of taxes.

“Your Property” means a website or mobile application that (a) You own or control and/or (b) is otherwise approved by Google in advance in writing in each instance.

1. Payment Terms; Commissions

You will be entitled to receive (a) a percentage of Net Revenue received from each Purchase generated by Buy Leads, and (b) a flat fee for each Trial generated by Listen Leads (collectively, the “Commission”). The applicable Commission rates (which may vary from one Campaign to another and among countries within the Territory) are available via Your profile page in the PHG interface that can be accessed by clicking on “Google Play” in Your advertiser list (Your “Profile Page”), and are subject to change from time to time provided that (i) changes will not be retroactive and will take effect no sooner than fourteen (14) days following the date the change is listed on Your Profile Page; and (ii) Google will notify You of such change by posting a notice on Your Profile Page and/or sending email notification and, if You do not agree with such change, You may terminate these Affiliate Terms in accordance with Section 13(b). As between the parties, Google will bear responsibility for setting prices for Digital Content in each Campaign, as well as for processing all orders made by customers of the Google Play Store and registrations for Trials by customers of Google Play Music. Google will be responsible for providing PHG with the amounts necessary to pay Commissions. Notwithstanding anything to the contrary contained herein, all amounts due to You under these Affiliate Terms shall be subject to, and paid by PHG pursuant to, the PHG Terms, and Google shall not be liable to You for any failure on the part of PHG to pay You any Commissions due hereunder.

2. Refunds and Chargebacks

Google reserves the right to grant refunds and chargebacks to Google Play Store users in its sole and absolute discretion (and in compliance with applicable law and regulations). Google shall not be liable for any amounts payable to You (a) based on any access to or transaction made via the Google Play Store by any fraudulent, unlawful or invalid means, as determined by Google in its sole and absolute discretion, including but not limited to the fraudulent or unlawful use of credit cards or other means of payment or the invalid transaction generated by any person, bot, automated program or similar device, or (b) based on transactions made via the Google Play Store that are refunded or (c) subject to a credit card charge back by a user. Final determination on approved transactions qualifying as Purchases shall be made by Google and is binding on You. Google shall not be liable for Commissions on Purchases and/or Trials made by Google via Leads so long as such transactions are done solely for testing purposes and are cancelled within a reasonable amount of time. In addition to PHG's rights to withhold payment or charge back Your account as provided in Your agreement with PHG, Google reserves the right to, via PHG, withhold payment, offset amounts owed to You or debit Your designated bank account due to any of the foregoing. You agree to cooperate with Google in its investigation of any of the foregoing. In the event that any amount paid to You under this Program is later subject to a return, chargeback, reversal, refund, adjustment or rejection whether by a bank, customer action or otherwise, or was paid in error or as a result of miscalculation by either Google or You (“Repayments”), You expressly authorize Google to, at its option, (i) offset and net current amounts owed by Google to You against the amount of any such Repayments owed by You to Google and/or (ii) invoice You for Repayments owed to Google, in which case You agree to pay Google the invoice amount within 30 days of the date on which such invoice is sent.

3. Fraud

You shall not, and shall not authorize or encourage any third party to, directly or indirectly, make any transaction via or obtain access to the Google Play Store through any automated, deceptive, unlawful, fraudulent or other invalid means, the use of robots or other automated query tools and/or computer generated search requests, and/or the fraudulent or unlawful use of software or credit cards.

4. Metadata

Google may choose, in its discretion, to deliver to You - directly or through PHG - certain metadata (which may include, without limitation, a hyperlink to stream a preview of an item of content in the Google Play Store (a “Preview”)) associated with the Google Play Store (the “Google Play Metadata”). You agree to use Google Play Metadata solely as approved by Google and directly in connection with Your participation in the Program. Unless approved by Google in writing, You will not, and will not allow any third party to, (a) modify, adapt, translate, distribute, transfer, sell, lease, syndicate, sub-syndicate, lend, sublicense the Google Play Metadata; (b) host the Google Play Metadata, except to the extent expressly permitted by Google in writing; or (c) use the Google Play Metadata for any purpose other than as set forth in this Section. All Previews of music content must be limited to thirty (30) seconds in length and used in the immediate proximity to a Button for the corresponding content in the Google Play Store. If Your participation in the Program ceases for any reason, or upon Google's request (upon fourteen (14) days’ prior notice), You will (i) cease all use of the Google Play Metadata; and (ii) return or destroy the Google Play Metadata.

5. Marketing Restrictions

You may display Buttons only on Your Property(ies), provided that You will immediately remove the Button if (a) You receive any third-party claims in connection with such Button or (b) Google and/or PHG request such removal.

You may only distribute Buttons via email if such email (or email template) is expressly approved by Google in writing, and provided further that any such approved emails (i) will only be sent to users who have chosen to opt-in to receive such email, and (ii) shall comply with all applicable laws, including without limitation all applicable anti-spam laws (including without limitation CAN-SPAM provisions).

You may use certain promotional and marketing content as provided through the Program (including via the Google Play Metadata), including album art, cover art, and app icons (collectively, “Promotional Content”) as approved by Google, only for the purposes of promoting the subject of the Promotional Content. All Promotional Content must be used in immediate proximity to a Button for the corresponding Digital Content in the Google Play Store or on Google Play Music, as applicable. If You receive any third-party claims in connection with the Promotional Content, You shall forward such claims to Google immediately and will remove such Promotional Content immediately upon request from Google and/or PHG. You agree to comply with all Google brand guidelines (and any content contained or referenced therein) available at http://www.google.com/permissions/ (or such other URL Google may provide from time to time) or as otherwise provided to You by Google.

You may not use Promotional Content, Buttons or Metadata in a manner which connotes an endorsement or sponsorship of You, Your Property or any other product or service (including those of third parties) by Google, any rights holder of Digital Content, and/or any representatives thereof.

YOU AGREE THAT YOUR USE OF BUTTONS AND PROMOTIONAL CONTENT ON ANY THIRD PARTY WEBSITES OR MOBILE APPLICATIONS IS AT YOUR OWN COST AND RISK AND IS SUBJECT TO ANY TERMS AND CONDITIONS APPLICABLE TO SUCH WEBSITES AND/OR MOBILE APPLICATIONS, AND YOU ARE SOLELY RESPONSIBLE FOR YOUR COMPLIANCE WITH ANY SUCH TERMS AND CONDITIONS. GOOGLE IS NOT AND WILL NOT BE RESPONSIBLE OR LIABLE FOR YOUR USE OF BUTTONS AND/OR PROMOTIONAL CONTENT ON ANY THIRD PARTY WEBSITES OR MOBILE APPLICATIONS.

6. Confidentiality and Data Protection

The party receiving Confidential Information will not disclose it except to its affiliates, employees, agents or professional advisors who need to know it to achieve the purpose of these Affiliate Terms and who have agreed in writing (or in the case of professional advisors are otherwise bound) to keep it confidential. The party receiving Confidential Information may use it, and will ensure that its affiliates, employees, agents and professional advisors use it, only to exercise rights and fulfill obligations under these Affiliate Terms and will keep it confidential. A party may disclose Confidential Information when compelled to do so by law provided that it gives reasonable prior notice to the other party, if permitted by law.

You will at all times treat all Personal Information as Confidential Information, (notwithstanding whether such Personal Information meets the definition of Confidential Information). At all times that You have access to Protected Information, You will maintain reasonable administrative, technical and physical controls designed to ensure the privacy, security, and confidentiality of that information (“Safeguards”). The Safeguards will meet or exceed relevant industry standards and limit the collection, storage, disclosure, use of, or access to Personal Information solely to personnel and purposes authorized by these Affiliate Terms. The Safeguards will be appropriate to Your operations and exposure to Personal Information in connection with the Program. You will ensure that anyone acting on Your behalf is subject to Your Safeguards or otherwise provides equivalent or greater protections for the security and privacy of Personal Information. At any time upon Google’s request, You will cooperate with Google's reasonable efforts to assess the adequacy of Your Safeguards and the safeguards of anyone acting on Your behalf.

You will (a) maintain reasonable controls to ensure that only individuals who have a legitimate need to access Protected Information under these Affiliate Terms will have such access; (b) promptly terminate an individual’s access to Protected Information when such access is no longer required for performance under these Affiliate Terms; (c) log the appropriate details of access to Protected Information on Your systems and equipment, and retain such records for no less than ninety (90) days; and (d) be responsible for any unauthorized access to Protected Information under Your custody or control (or Your personnel’s custody or control). You will maintain a reasonable incident response program to respond to Security Incidents. If You have reason to believe that a Security Incident has occurred, You will promptly send an email to [removed] and provide a complete description of the details known about the Security Incident. Except as required by law, You will not make (or permit any third party under Your control to make) any statement concerning the Security Incident that references Google either directly or indirectly unless Google provides its explicit written authorization.

You are responsible, and liable to Google, for Your personnel’s acts and omissions. You must contractually require all of Your personnel that have access to Protected Information to protect the privacy, confidentiality, and security of Protected Information using at least the same level of protection and confidentiality obligations that apply to You under these Affiliate Terms. You will regularly assess Your personnel’s compliance with those contractual requirements.

7. Publicity

You shall not make any public statement regarding the relationship contemplated by these Affiliate Terms without Google's prior written approval.

8. Other responsibilities

You are responsible for testing all Buttons to make sure they work properly; neither PHG nor Google will have any liability for inoperable or incorrectly placed Buttons. You agree to notify Google and PHG of (a) any malfunctioning of the Buttons or underlying hyperlinks promptly upon becoming aware of such malfunction, or (b) any other problems with Your participation in the Program. Google is not responsible for failure to compensate You for Leads affected by such a malfunction.

9. Prohibited Acts

You will not, and will not assist or knowingly permit any third party to, in connection with the Program: (a) pass information to Google that Google could use or recognize as personally identifiable information (including, without limitation, Personal Information); (b) violate any laws or regulations; (c) misappropriate any part of a Google service or product, or modify, disassemble, decompile, reverse engineer, copy, reproduce or create derivative works from or in respect of any Google service or product, or any part thereof; (d) set a cookie, or alter or delete a cookie set, on a Google domain; (e) damage or tamper with any part of a Google service or product; (f) knowingly breach any Google security measure; (g) provide Google any link that (i) when viewed or clicked on by a visitor(s), causes such visitor(s)'s computer to download any software application, or (ii) is obscene, sexually explicit or illegal; (h) create (or incentivize the creation of) content that is designed to or could be construed to be intended to manipulate search engine rank; (i) employ any mechanical or automated means to pull, “crawl” or “scrape” content from any Google website or application; (j) make any representations or other statements on behalf of Google; (k) engage in any fraudulent or deceptive practices in connection with the Program.

You agree that any of Your Properties that contain Buttons will comply with all applicable laws at all times, and will not contain or promote content that (i) is illegal under applicable law, (ii) infringes, or endorses or induces the infringement of, any intellectual property of Google or any third party, or (iii) is hateful (including, without limitation, with respect to race, ethnic origin, religion, disability, gender, age, veteran statues, or sexual orientation/gender identity), violent, threatens or harasses other users, explicit, pornographic, obscene or otherwise offensive, false or misleading, facilitates online gambling, makes changes to the user’s device or settings without the user’s knowledge and consent, or harms or interferes with the operation of, or accesses in an unauthorized manner, networks, servers or other infrastructure. Further, You agree that Your use of Buttons will comply with all applicable laws at all times.

You will not, and will advise in writing each of Your merchant clients and subcontractors not to, merge personally identifiable information (including, without limitation, any Personal Information) with information previously collected as non-personally identifiable information without robust notice of, and the visitor's prior affirmative (i.e., “opt-in”) consent to, that merger and without otherwise complying with all applicable laws and regulations.

If You breach any of the foregoing provisions, Google may suspend Your ability to participate in the Program (including by means of disabling Your links to the Google Play Store) immediately until such time as such breach is cured.

10. Intellectual Property and Customer Data

Each party shall retain ownership of all right, title and interest in all of its intellectual property that it currently owns or later develops or acquires during the Term of these Affiliate Terms, and except as expressly set forth herein, no right or licensee in a party’s intellectual property is granted to the other party. You acknowledge that Google shall own all right, title and interest in any data that it collects from its customers (including without limitation customers who were referred to Google via a Button), and You shall have no right to use any such data.

11. Disclaimers and Limitation of Liability

EXCEPT AS OTHERWISE PROVIDED HEREIN, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION FOR NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE. TO THE FULLEST EXTENT PERMITTED BY LAW REGARDLESS OF THE THEORY OR TYPE OF CLAIM, (A) NO PARTY MAY BE HELD LIABLE UNDER THESE AFFILIATE TERMS OR ARISING OUT OF OR RELATED TO PERFORMANCE OF THESE AFFILIATE TERMS FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THE PARTY IS AWARE OR SHOULD KNOW THAT SUCH DAMAGES ARE POSSIBLE; AND (B) EXCEPT WITH RESPECT TO INDEMNIFICATION OBLIGATIONS PURSUANT TO SECTION 14 BELOW, EACH PARTY'S MAXIMUM AGGREGATE LIABILITY UNDER OR IN CONNECTION WITH THESE AFFILIATE TERMS WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID TO YOU PURSUANT TO THESE AFFILIATES TERMS (IN THE CASE OF GOOGLE'S LIABILITY) OR RECEIVED OR RECEIVABLE BY YOU (IN THE CASE OF YOUR LIABILITY) UNDER THESE AFFILIATE TERMS DURING THE 12 MONTHS BEFORE THE DATE WHEN THE LIABILITY AROSE.

12. Changes to These Affiliate Terms

Google may modify the terms and conditions of these Affiliate Terms in its discretion, and will provide You with such modified terms and conditions by posting them on Your Profile Page and/or sending email notification. Modifications to these Affiliate Terms will not apply retroactively and will become effective no sooner than fourteen (14) days after they are posted, provided that modifications addressing new features and/or functions of the Program or modifications made for legal reasons will be effective immediately. Your continued participation in the Program after such modifications take effect will constitute Your consent to such modifications. If You do not agree with any modification to the terms and conditions of these Affiliate Terms, You may terminate these Affiliate Terms in accordance with Section 13. You are responsible for regularly reviewing these Affiliate Terms.

13. Term and Termination

These Affiliate Terms will remain in effect until expiration or termination by either party as further provided herein (the “Term”). Either party may terminate these Affiliate Terms (a) immediately for material breach if such breach remains uncured thirty (30) days after the non-breaching party provides notice of such breach; or (b) upon thirty (30) days’ prior notice to the other party, for any reason or no reason. These Affiliate Terms will automatically terminate with immediate effect on expiry or termination of Your agreement with PHG. Further, Google reserves the right to terminate these Affiliate Terms upon notice to You if Google modifies or discontinues its affiliate program to which these Affiliate Terms relate. Upon the expiration or termination of these Affiliate Terms, you will cease all use of Buttons. Sections 2, 6, 7, 10, 11, 13, 14, 15 and 16 shall survive any expiration or termination of these Affiliate Terms.

14. Indemnity

To the maximum extent permitted by law, You agree to defend, indemnify and hold harmless Google, its affiliates and their directors, officers, agents, and employees from and against any and all claims, suits, actions or proceedings, as well as any and all losses, liabilities, damages, judgments, costs and expenses (including reasonable attorneys’ fees) arising from or related to (a) use of any Google product or services (including, without limitation, the Program) by or on behalf of You in violation of any term or condition of these Affiliate Terms; and (b) any claim that Your Property, as used by You or on Your behalf in connection with the Program (including, without limitation, in connection with Buttons and Promotional Content therein), violates any terms or conditions of these Affiliate Terms, violates any applicable third party terms or conditions, violates any law, rule or regulation, or infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy.

15. Force Majeure

Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including without limitation the failure of the Internet Protocol network or technical (including data storage) facilities, labor dispute, strike or unrest, or war.

16. Miscellaneous

ALL CLAIMS ARISING OUT OF OR RELATING TO THESE AFFILIATE TERMS OR ANY RELATED GOOGLE PRODUCTS OR SERVICES WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING ITS CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN SAN CLARA COUNTY, CALIFORNIA, USA, AND THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS. You may not assign or transfer any part of these Affiliate Terms without the written consent of Google. Any other attempt to transfer or assign is void. If You experience a change of control (for example, through a stock purchase or sale, merger, or other form of corporate transaction), You will give Google written notice within thirty (30) days after the change of control and Google may immediately terminate these Affiliate Terms any time between the change of control and thirty (30) days after Google receives such notice. Nothing in these Affiliate Terms will limit a party's ability to seek equitable relief. Neither party’s failure nor delay to enforce any provision of these Affiliate Terms will constitute a waiver of any rights hereunder. If any provision (or part of a provision) is found invalid, illegal or unenforceable, it (and any related provisions) will be interpreted to best accomplish its essential purpose and the rest of the Agreement will remain in effect. You are liable for the obligations, acts and omissions of Your subcontractors. There are no third-party beneficiaries to these Affiliate Terms, except as set forth in Section 14. The parties are independent contractors, and these Affiliate Terms do not create an agency, partnership or joint venture. Any translation of these Affiliate Terms into a language other than English exists for reference purposes only, and only the English version of these Affiliate Terms will be legally binding. In the event of any inconsistency between the English version and any translated version, the English version shall control.