Terms 
and Policies

Ambassador Program Agreement

Effective date: 5th June 2025

  1. About this Agreement
    1. Parties
      This Agreement (“Agreement”) is made between:
      1. Borderless360 Limited, a private company limited by shares incorporated in Hong Kong with Companies Registry number 2492010, and having its registered office at Suite 2401, 24/F Bonham Strand Trade Centre, 135 Bonham Strand East, Hong Kong (“Borderless 360”); and
      2. the ambassador (“Ambassador”). 
    2. Purpose
      This Agreement sets out the terms and conditions regarding the Ambassador Program administered by Borderless 360.
    3. Binding Nature
      By clicking next and by providing the services to Borderless 360, the Ambassador acknowledges to have read, understood and agrees to be bound by the terms and conditions in this Agreement.
    4. Authority of the individual representing the Ambassador
      If a person is entering into this Agreement on behalf of a company, business or other legal entity, the person represents that they have the authority to bind such company, business or other legal entity to this Agreement.
    5. Understanding this Agreement
      1. The meanings of the italicised words in this Agreement are defined in Clause 14.1 below. 
      2. The rules for interpreting this Agreement are set out in Clause 14.2 below. 
  2. Appointment of the Ambassador
    1. Appointment
      Borderless 360 appoints the Ambassador as its affiliate to promote the Borderless 360 Products during the period on the terms set out in this Agreement, and the Ambassador accepts this appointment.
    2. Non-exclusivity
      The Ambassador acknowledges that the appointment in Clause 2.1 is non-exclusive, and as such:
      1. Borderless 360 has the right to appoint and retain other ambassadors during the period and afterwards; and
      2. the Ambassador has the right to promote third-party products which are similar to any of the designated products.
    3. Relationship of the Parties
      The relationship of the Ambassador to Borderless 360 will be that of independent contractor, and nothing in this Agreement creates any other relationship between the Parties, including an agency, franchise, joint venture or partnership.
  3. Administration of the Ambassador Program by Borderless 360
    1. Information
      Borderless 360 must provide the Ambassador with sufficient information about the Borderless 360 Products to enable the Ambassador to fulfill its obligations under this Agreement.
    2. Referral links and cookies
      1. Borderless 360 must provide the Ambassador with:
        1. a unique identification number; and 
        2. at least one official referral link for use by the Ambassador in its marketing and promotional materials.
      2. Borderless 360 shall, promptly after receiving consent to do so from the eligible customer, configure the cookie stored in the eligible customer’s web browser so that it lasts for at least as long as than the minimum cookie life.
      3. Borderless 360 shall not be responsible for any incorrectly configured cookie stored in the eligible customer’s web browser.
    3. Brand assets
      Borderless 360 may provide the Ambassador with electronic copies of the brand assets for use in accordance with this Agreement.
    4. Tracking
      Subject to obtaining the relevant consent from the eligible customer, Borderless 360 must implement measures to track the users visiting the website so that it can identify eligible customers and eligible sales.
    5. Reporting
      Borderless 360 must provide the Ambassador with access to a system which will enable it to review and track eligible customers and eligible sales.
    6. Acknowledgement by the Ambassador
      The Ambassador acknowledges and accepts that persons referred by the Ambassador to Borderless 360 may –
      1. set their browsers to prevent cookies from Borderless 360 and others from being stored; 
      2. manually delete cookies that have been stored by Borderless 360; 
      3. purchase designated products after their cookies from Borderless 360 have expired; 
      4. purchase designated products from a computer or a browser which is different from the one which stores their cookies; and/or
      5. already be an existing customer of Borderless 360 or be the subject of a proposal for designated products made by or on behalf of Borderless 360;
        and for these and other reasons which Borderless 360 may in its absolute discretion determine, Borderless 360 does not guarantee that:
      6. all persons referred to the website by the Ambassador and who purchase a designated product will qualify as eligible customers; and
      7. all purchases made by persons referred by the Ambassador will qualify as eligible sales and for the payment of commission.
  4. Ambassador’s Main Obligations
    1. Promotion of the designated products
      1. The Ambassador must actively promote the designated products to maximise the financial benefit to both Borderless 360 and the Ambassador.
      2. To avoid doubt, the Ambassador is under no obligation to promote the excluded products. 
    2. Payment of expenses
      The Ambassador must pay all costs and expenses incurred in connection with advertising, marketing and promoting the Borderless 360 Products.
    3. Compliance with Ambassador Program requirements
      The Ambassador must comply with the requirements of the Ambassador Program as notified by Borderless 360 from time to time, including the requirement to use the affiliate links provided by Borderless 360.
    4. Duties of the Ambassador
      When carrying out its obligations under this Agreement, the Ambassador must:
      1. act honestly;
      2. act with due care and diligence;
      3. only employ white-hat affiliate marketing practices;
      4. not do anything which damages, or could reasonably be expected to damage, Borderless 360’s reputation or commercial interests;
      5. not make or give any representations, warranties or other promises concerning the Borderless 360 Products which are untrue or incorrect; and
      6. ensure that all information provided to a potential eligible customer or eligible customer is true and accurate in all material respects and not misleading in any respect.
    5. Content of promotions
      1. The Ambassador must ensure that the information and other content included in its promotions (including pricing information) is complete, accurate, and up to date at all times.
      2. The Ambassador must not copy, or otherwise use duplicate content (including content copied from the website) in its promotions.
    6. Obtaining actual or implied consent from users
      The Ambassador must ensure that it:
      1. presents clear information, proposals and offers regarding Borderless 360 and the Borderless 360 Products to eligible customers and potential eligible customers; and
      2. does not do anything (whether seen or unseen) which sets affiliate cookies without the user expressing a clear interest in an offer or proposal relating to the Borderless 360 Products.
    7. Prohibition of certain promotional and advertising strategies and tactics
      1. Practices which undermine the aims of the Ambassador Program  The Ambassador must not engage in any conduct which is inconsistent with the aims of the Ambassador Program, including:
        1. making self-referrals; or
        2. engaging in, or enabling, fraudulent transactions.
      2. Offering unauthorised discounts and rebates
        The Ambassador must not offer discounts, rebates, coupons or any other form of kick-back – whether funded from the commission or otherwise – when promoting the Borderless 360 Products without prior written permission from Borderless 360.
      3. Using unauthorised PPC Keywords
        The Ambassador must not bid on phrases that comprise or contain –
        1. the trade marks; or 
        2. marks that are substantially identically or deceptively similar to the trade marks (including misspellings);
          in any pay-per-click advertisements.
      4. Practices which mislead users
        The Ambassador must not engage in practices, or otherwise employ tactics, which could reasonably be expected to mislead, deceive or confuse users, including:
        1. disguising its promotional efforts as consumer recommendations, editorial or non-commercial content; or
        2. representing that –
          1. the Ambassador is Borderless 360, or is a part of Borderless 360; or 
          2. Borderless 360 Products originate from, or are provided by, the Ambassador.
      5. Spam practices
        The Ambassador must not do anything which involves or constitutes spam, including:
        1. posting ads or messages on platforms (including social media platforms) which would violate the terms of use of those platforms;
        2. sending unsolicited emails and personal or direct messages without actual or implied consent to do so.
      6. Other annoying and insecure practices
        1. The Ambassador must not use pop-ups or pop-unders, iframes or frames when promoting the Borderless 360 Products.
        2. The Ambassador must not install, use or utilise software applications which are considered to be unethical, dishonest, or annoying including adware, spyware or parasiteware.
    8. Compliance with laws
      1. The Ambassador must comply with all applicable laws and regulations in each and every relevant country or jurisdiction when carrying out its obligations under this Agreement, including disclosing the affiliate relationship where required to do so.
      2. Without limiting anything in Clause 4, the Ambassador must not do anything when carrying out its obligations under this Agreement which:
        1. violates or infringes the intellectual property of Borderless 360;
        2. discloses the confidential information of Borderless 360; or 
        3. violates the privacy of another person. 
    9. Warranties from the Ambassador
      The Ambassador represents and warrants that:
      1. The Ambassador holds all licences and approvals necessary or appropriate to be lawfully entitled refer potential eligible customers to Borderless 360;
      2. There are no legal, contractual or other restrictions that would prevent the Ambassador from making such referrals; and
      3. The Ambassador has conducted all necessary due diligence to ensure that the referral does not violate any applicable laws, regulations, or agreements.
    10. Due diligence documents
      1. The Ambassador shall promptly provide copies of the following documents to the satisfaction of Borderless 360:
        1. if the Ambassador is an individual, identification document and proof of address which is three months recent; or
        2. if the Ambassador is a company, business or other legal entity, certificate of incorporation or equivalent.
      2. In order for Borderless 360 to process payments to the Ambassador, Borderless 360 may request for up to date or other information and documents from the Ambassador from time to time.
  5. Consideration
    1. Bounty
      Borderless 360 must pay a bounty to the Ambassador if an eligible customer achieves eligible sales with an average order volume of at least 1,000 orders of designated products per month for three consecutive months [during the period starting from the eligible customer becoming a client of Borderless 360 and ending on the last day of the month occurring 12 months later]. Each bounty is only payable once for each eligible customer and will be paid in the month immediately after the month in which the criteria for the bounty have been fulfilled. A bounty is payable even after this Agreement is terminated in accordance with Clause 12.3.
    2. Commission
      Subject to Clause 5.7, Borderless 360 must pay the commission to the Ambassador for each eligible sale made during the commission period.
    3. Timing of payments
      1. Borderless 360 must calculate the consideration per transaction at the end of each calendar month.
      2. Borderless 360’s liability to the Ambassador for the consideration accrues at the end of each calendar month in which each relevant transaction takes place.
      3. Borderless 360 must pay the bounty and the commission to the Ambassador in accordance with the payment terms.
    4. Borderless 360’s right to refuse payment of consideration
      Without limiting its other rights under this Agreement, Borderless 360 may refuse to pay any consideration in respect of any eligible customer or eligible sale if it is reasonably satisfied that the eligible customer was acquired, or the eligible sale was generated wholly or in part through a breach of any of the following Clauses:
      1. Clause 4.3 (Compliance with Ambassador Program requirements); 
      2. Clause 4.4 (Duties of the Ambassador); 
      3. Clause 4.5 (Content of promotions); 
      4. Clause 4.6 (Obtaining actual or implied consent from users); 
      5. Clause 4.7 (Prohibition of certain promotional and advertising strategies and tactics);
      6. Clause 4.8 (Compliance with laws); and 
      7. Clause 4.9 (Warranties from the Ambassador). 
    5. Currency
      Borderless 360 must pay the commission to the Ambassador in the same currency in which it was paid by the relevant eligible customer.
    6. Payment Method
      1. Borderless 360 must pay all monies due to the Ambassador under this Agreement to the bank account or digital wallet nominated by the Ambassador in writing from time to time. [The name of the bank account nominated by the Ambassador must be in the name of the Ambassador.]
      2. It is the obligation of the Ambassador to:
        1. provide complete and accurate bank account or digital wallet information to Borderless 360; and
        2. ensure that the bank account or digital wallet will accept payments in the currency in which the commission will be paid to the Ambassador.
      3. Borderless 360 will not be in breach of its obligations this Agreement to the extent it has attempted payment in accordance with the bank account information provided by the Ambassador.
    7. Cessation of bounty and consideration payments
      1. Borderless 360’s obligation to pay the Ambassador any bounty under Clause 5.1 will cease upon the earliest of the following:
        #4854340v12 - 1800691.015
        1. the Agreement being terminated in accordance with Clause 12.1; and
        2. the Agreement being terminated by Borderless 360 in accordance with Clause 12.2. 
      2. Borderless 360’s obligation to pay the Ambassador any commission under Clause 5.2 will cease upon the earliest of the following:
        1. the Agreement being terminated in accordance with Clause 12.1; 
        2. the Agreement being terminated by Borderless 360 in accordance with Clause 12.2; 
        3. upon the expiry of the commission period; or 
        4. after the Agreement has been terminated in accordance with Clause 12.3, the Ambassador is found to have breached any terms under this Agreement.
  6. Taxes and other charges
    The Ambassador must pay all taxes, charges, fees, surcharges and other expenses relating to the receipt of the consideration from Borderless 360 including any Goods and Services Tax or Value Added Tax.
  7. IP Rights
    1. Licence
      1. Borderless 360 grants a worldwide licence to the Ambassador to use the intellectual property during the period strictly for the purposes of enabling the Ambassador to perform its obligations and exercise its rights under this Agreement.
      2. The licence granted in Clause 7.1(a):
        1. is revocable, non-exclusive, and non-transferable; and
        2. may not be sub-licensed by the Ambassador.
    2. Brand consistency
      The Ambassador must not make any additions or alterations to any brand asset or trade mark except –
      1. with the written consent of Borderless 360; or
      2. as permitted by the brand usage guidelines.
    3. Ownership of the intellectual property
      The Ambassador acknowledges that the intellectual property is and remains the sole property of Borderless 360, and this Agreement does not transfer any right, title or interest to the Ambassador other than any which is expressly granted. The Ambassador must not file or register, or apply to file or register, any intellectual property with any authority, registry or similar body in any part of the world, unless the Ambassador has obtained the specific prior written approval of Borderless 360.
    4. Preservation of intellectual property
      The Ambassador must not do anything which may compromise or endanger the intellectual property.
  8. Confidentiality
    1. Obligations of confidentiality
      Each Party must not use or disclose the confidential information of the other Party in any way except where:
      1. the use or disclosure is reasonably necessary to –
        1. perform its Party’s obligations under this Agreement; or
        2. exercise its rights under this Agreement; or 
      2. the other Party has given its prior written consent to the use or disclosure of the confidential information in a particular way.
    2. Preservation
      Each Party must take all reasonable steps to preserve the confidentiality of the confidential information.
    3. Disclosure required by law
      1. If a Party complies with the requirements in Clause 8.3(b) below, that Party has the right to disclose the confidential information of the other in the following circumstances:
        1. if required to do so by law or the rules of any stock exchange or securities commission; or
        2. if lawfully ordered to do so by a court, or a governmental, law enforcement, regulatory or administrative body.
      2. If able to do so lawfully, before making a disclosure under Clause 8.3(a) above, the relevant Party must:
        1. promptly notify the other Party in writing of the alleged requirement to disclose, and the details of the information required to be disclosed; and
        2. provide a reasonable opportunity to enable the other Party to obtain an order to prevent the disclosure.
    4. Breach
      Each Party must notify the other immediately if it becomes aware of a breach or potential breach of this Clause 8, and must take all reasonable steps to minimise the damage associated with the breach.
  9. Warranties and guarantees
    Borderless 360 makes no express or implied representations or warranties regarding the Borderless 360 Products, the Ambassador Program, or the website, and any implied warranties of Borderless 360’s ability, fitness for a particular purpose, and non-infringement are expressly disclaimed and excluded.
  10. Liability and indemnity
    1. Exclusion of liability
      Subject to Borderless 360’s obligation under any law not to exclude or restrict its liability, Borderless 360 excludes all liability to the Ambassador -
      1. of whatever nature (whether any indirect, incidental, special or consequential loss or damage or otherwise, including loss of business or other profits); and
      2. however arising (whether through the law of negligence or tort generally, breach of contract, breach of statutory duty or otherwise).
    2. Limitation of liability
      If, despite Clause 10.1, and to the maximum extent permitted by law, Borderless 360 is found to be liable to the Ambassador, then Borderless 360’s liability to the Ambassador in respect of all loss or damage arising under or in connection with this Agreement is limited to the consideration paid by Borderless 360 under this Agreement in respect of the eligible sale giving rise to the liability in question.
    3. Indemnity
      The Ambassador must indemnify, and keep indemnified, Borderless 360 and its respective officers, employees, advisers or agents (each an “Indemnified Person”) from and against all loss that an Indemnified Person may suffer or incur, directly or indirectly, arising from or in connection with:
      1. any breach by the Ambassador of any of the terms of this Agreement; and
      2. any dispute arising between Borderless 360 and an eligible customer and/or any third party relating to the referral of an eligible customer by the Ambassador.
  11. Dispute Resolution
    1. General
      1. Except as provided in Clause 11.1(b) below, any dispute between the Parties which arises out of or in connection with this Agreement (including a dispute relating to a breach or the termination of this Agreement) must be determined in accordance with this Clause 11.
      2. Borderless 360 may take urgent action to prevent the infringement of the intellectual property without complying with the requirements of this Clause 11.
    2. Notice of Dispute
      1. If a dispute arises, any aggrieved Party may serve a formal notice (a “Notice of Dispute”) on the other under this Clause.
      2. To be valid, each Notice of Dispute served under Clause 11.2 must:
        1. briefly detail the alleged facts which give rise to the dispute; 
        2. set out the remedy or resolution sought; 
        3. explain the legal basis upon which the remedy or resolution is claimed; and 
        4. be served on the other Party by sending the Notice of Dispute to the other Party’s email.
    3. Negotiation
      The Parties must use their best efforts to resolve any dispute through good faith negotiation.
    4. Referral for Arbitration
      1. If the dispute is not resolved within 14 days of the Notice of Dispute being served or if the aggrieved Party must take urgent action to protect or enforce its rights under this Agreement, then – subject to Clause 11.5 below – the Parties agree that the said dispute shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce.
      2. Unless the Parties agree otherwise in writing, the arbitration must be:
        1. administered by a single arbitrator; 
        2. conducted in Hong Kong, China; and 
        3. conducted in English.
    5. Mediation
      1. The Parties may refer the dispute for mediation in accordance with the International Chamber of Commerce Mediation Rules.
      2. Unless the Parties agree otherwise in writing, the mediation –
        1. is without prejudice to any other proceedings and is not a required step before referring the dispute to arbitration; and
        2. must be conducted in Hong Kong, China; and 
        3. may be terminated at any stage by either Party by notice in writing to the other and referred to arbitration under Clause 11.4 above.
  12. Termination
    1. Automatic termination
      Borderless 360 has the right to terminate this Agreement immediately if the Ambassador breaches any of the following Clauses:
      1. Clause 4.4 (Duties of the Ambassador); 
      2. Clause 4.7(a) (Practices which undermine the aims of the Ambassador Program); 
      3. Clause 4.8 (Compliance with laws); and 
      4. Clause 4.9 (Warranties from the Ambassador). 
    2. Termination for cause
      Without limiting Clause 12.1, if –
      1. either Party (the ‘Defaulting Party’) breaches any obligation under this Agreement which is capable of being rectified; and
      2. the other Party (the ‘Innocent Party’) provides written notice to the Defaulting Party requiring rectification of the breach; and
      3. the breach is not rectified within seven days;  then the Innocent Party has the right to terminate this Agreement immediately upon the expiry of the seven days.
    3. Termination upon notice after the initial period
      1. After the expiry of the initial period, either Party may terminate this Agreement for any reason (or even no reason) by providing written notice to the other.
      2. Unless the Parties agree otherwise in writing, the termination date must not be earlier than the date which is equal to the date of the written notice plus the notice period. In other words, if the notice period is 60 days, then the termination date must be at least 60 days after the date of the written notice.
    4. Other rights of termination
      The rights of termination in Clause 12 are in addition to any rights of termination which otherwise arise under law.
    5. Cessation of licences
      If this Agreement is terminated for any reason, then every licence to use the intellectual property granted by Borderless 360 under this Agreement terminates immediately.
    6. Survival
      1. All rights that have accrued under this Agreement survive its termination. 
      2. To avoid doubt the following Clauses survive the termination of this Agreement:
        1. Clause 4.9 (Warranties from the Ambassador);
        2. Clause 5 (Consideration);
        3. Clause 6 (Taxes and other charges); 
        4. Clause 8 (Confidentiality); 
        5. Clause 10 (Liability and indemnity);
        6. Clause 11 (Dispute Resolution); and 
        7. Clause 13.6 (Governing Law). 
  13. General
    1. Co-operation
      If a Party is obliged not to do any act under this Agreement (a ‘prohibited act’), that Party:
      1. must not do anything to assist any other person to do the prohibited act; 
      2. must take reasonable precautions to prevent others from doing the prohibited act; and
      3. must inform the other of any prohibited act of which it becomes aware.
    2. Entire Agreement
      This Agreement constitutes the entire understanding and undertaking between the Parties in relation to its subject matter, and as such:
      1. it supersedes any previous deeds, agreements, arrangements, representations, warranties and undertakings between them, whether oral or in writing; and
      2. to the maximum extent possible, all terms implied by statute, common law or equity are excluded.
    3. Variation
      1. Subject to Clause 13.3(b), no amendment or variation to this Agreement (including an amendment or variation to this Clause) is valid unless recorded in writing and signed by the Parties.
      2. Borderless 360 may amend or vary this Agreement after the initial period providing a revised version of these terms to the Ambassador. The Ambassador signifies its acceptance of the amendment or variation by continuing to participate in the program and by not providing notice of termination in accordance with Clause 12.3.
    4. Assignment
      1. Borderless 360 has the right to assign or novate its rights and obligations under this Agreement.
      2. The Ambassador has no right to assign or novate its rights or obligations under this Agreement without the prior written consent of Borderless 360.
    5. No Waiver
      Any failure or delay by any Party in exercising any right under this Agreement does not operate as a waiver of that right and does not preclude any future exercise of that right.  13.6 Governing Law
    6. Governing Law
      This Agreement is governed by the law in force of Hong Kong, China.
    7. Severability
      If a court or arbitral panel of competent jurisdiction holds that –
      1. any part of this Agreement is void, voidable, illegal or unenforceable; or 
      2. this Agreement would be void, voidable, illegal or unenforceable unless any part of this Agreement were severed from this Agreement,
        then that part is to be severed from, and does not affect the continued operation of, the rest of this Agreement unless to do so would change the underlying principal commercial purposes of this Agreement.
  14. Definitions and Interpretation 
    1. Definitions
      Italicised words in this Agreement have the following meanings unless the context clearly requires otherwise:
      1. Agreement has the meaning defined in Clause 1.1.
      2. Ambassador has the meaning defined in Clause 1.1(b)
      3. Borderless 360 has the meaning defined in Clause 1.1(a). 
      4. Borderless 360 Products means every designated product and every excluded product. 
      5. Bounty means £3,000.
      6. Brand assets means electronic files containing web-ready images such as logos and banners which feature or include any trade mark or clothing associated with Borderless 360.
      7. Brand usage guidelines mean the official guidelines regarding the use of any logo and any associated graphical elements that can be made available by Borderless 360 to the Ambassador upon request.
      8. Commission means the payment calculated by multiplying the value of the eligible sales within the commission period by 2%.
      9. Commission period means the period for which Borderless 360 must pay the commission to the Ambassador for any given eligible customer, namely, the 12 months after this Agreement terminates in accordance with Clause 12.3, subject to Clause 5.7.  #4854340v12 - 1800691.015
      10. Confidential Information means information of a confidential nature relating to the Borderless 360 Products or the business of the Party making the disclosure, including –
        1. details of customers, including their names, products purchased, and considerations paid;
        2. financial information such as sales generated, and the consideration payable;
        3. information in business and marketing plans, financial models and projections; and
        4. any other information designated by the relevant disclosing Party as being confidential;
           but excluding any information in the public domain other than through:
          1. the action of the relevant disclosing Party; or 
          2. the tendering of any document in court; or 
          3. any information which the relevant receiving Party can show was in its possession at the time of the disclosure, and which was not acquired directly or indirectly from the relevant disclosing Party.
      11. Consideration means the amounts payable by Borderless 360 to the Ambassador under this Agreement, being the bounty and the commission.
      12. Defaulting Party has the meaning defined in Clause 12.1(a). 
      13. Designated product means any and every product sold or provided by Borderless 360 that includes all shipping, pick-pack, fulfillment, freight forwarding and storage.
      14. Eligible customer means a person who has been referred by the Ambassador to Borderless 360 during the period and purchases a designated product using a web browser which has stored a cookie associated with a referral link assigned to the Ambassador by Borderless 360.
      15. Eligible sale means each fully-paid sale of a designated product by Borderless 360 to an eligible customer that is made within the commission period.
      16. Execution date means the date upon which the second Party to execute this Agreement signs this Agreement.
      17. Excluded product means other product sold by Borderless 360 which is not a Designated Product.
      18. Initial period means 12 months, starting from the date of this Agreement.
      19. Innocent Party has the meaning defined in Clause 12.1(b).
      20. Intellectual property means all the intellectual property rights in or related to:
        1. each trade mark; 
        2. the copyright in the brand assets.
      21. Loss means any actions, demands, liabilities, damages, claims, losses (including consequential or indirect loss, loss of profit and loss of reputation), costs (including legal cost), expenses, interests and penalties.
      22. Notice of Dispute has the meaning defined in Clause 11.2(a). 
      23. Notice period means 60 days.
      24. Official referral link is a URL associated with the website which:
        1. includes the Ambassador’s unique identification number; and 
        2. is capable of storing that number as a cookie in a user’s web browser when the user clicks on the link.
      25. Payment terms means payments will be made on the 10th of the month following the month in which Borderless 360 incurred the obligation to pay.
      26. Period means the term commencing on the execution date and continuing until this Agreement is terminated in accordance with Clause 12.
      27. Prohibited act has the meaning defined in Clause 13.1.
      28. Prohibited content means any content or message which:
        1. is libellous or defamatory of any person;
        2. vilifies, offends, insults or humiliates others based upon their race, religion, ethnicity, gender, age, sexual orientation, physical characteristic or disability;
        3. incites violence or hatred against any person or persons; or
        4. is obscene, pornographic or indecent.
      29. Trade mark means any sign (whether registered or unregistered anywhere in the world) owned by, or licensed to, Borderless 360 which is used in relation to any Borderless 360 Product, including the words ‘Borderless 360’.
      30. Website means the website used by Borderless 360, namely https://borderless360.com/ . 
    2. INTERPRETATION
      In this Agreement:
      1. the singular includes the plural and the plural includes the singular; 
      2. a reference to ‘writing’ includes a faxed communication and an emailed communication; 
      3. reference to legislation includes any amendment to it, any legislation substituted for it, and any statutory instruments issued under it and in force;
      4. a reference to a person includes a corporation, a firm and any other entity;
      5. a reference to an entity as an ‘it’ includes a reference to that entity as a ‘he’ or ‘she’; 
      6. a reference to a Clause or Party is a reference to a clause or party to this Agreement;
      7. a reference to a Party includes that party’s personal agents, representatives, successors and permitted assigns;
      8. a reference to ‘the Parties’, ‘both Parties’ or similar is a reference to both Borderless 360 and the Ambassador;
      9. a provision must not be construed against a Party only because that Party put the provision forward;
      10. headings form part of, and are to be used to aid in the interpretation of this Agreement;
      11. a reference to a time or a date is the official time or date in Hong Kong, China; and
      12. a reference to a ‘month’ means a calendar month.