Cloudfleet OÜ Affiliate Program Terms of Service.
Cloudfleet OÜ Affiliate Program Terms of Service.
Last Updated: March 11, 2025
PLEASE READ THESE REFERRAL PROGRAM TERMS (THIS “AGREEMENT”) CAREFULLY. BY APPLYING TO OR PARTICIPATING IN THE AFFILIATE REFERRAL PROGRAM (THE “PROGRAM”) AND/OR BY CLICKING A BUTTON AND/OR CHECKING A BOX MARKED “CONFIRM,” “I AGREE,” OR SOMETHING TO THAT EFFECT, YOU (AS DEFINED BELOW) SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING ALL TERMS INCORPORATED HEREIN BY REFERENCE. NOTE THAT THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE IN SECTION 12.2 (THE “ARBITRATION AGREEMENT”) AND A CLASS ACTION/JURY TRIAL WAIVER CLAUSE IN SECTION 12.3 (THE “CLASS ACTION/JURY TRIAL WAIVER”) THAT REQUIRE, UNLESS YOU OPT OUT PURSUANT TO THE INSTRUCTIONS IN THE ARBITRATION AGREEMENT, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES BETWEEN YOU AND US, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED BEFORE YOU AGREED TO THIS AGREEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS (AS DEFINED BELOW), YOU EXPRESSLY WAIVE YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS, AS WELL AS YOUR RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION OR PROCEEDING. IF YOU DO NOT AGREE TO THIS AGREEMENT, THEN DO NOT PARTICIPATE (OR CONTINUE TO PARTICIPATE) IN THE PROGRAM.
This Agreement applies to each individual or entity (“Affiliate,” “you,” or “your”) participating in the Program, which is operated by Cloudfleet OÜ dba Cloudfleet.ai (“Cloudfleet,” “us,” “we,” or “our”). This Agreement complements, and hereby incorporates by this reference, Cloudfleet’s Terms of Service, currently available at https://cloudfleet.ai/company/terms/, as they may be updated from time to time (“Terms of Service”). In the event of any conflict or inconsistency between the Terms of Service and this Agreement, this Agreement will control to the extent of such conflict or inconsistency.
If you are a company, organization, or other entity (“Entity Affiliate”), then (a) you are solely responsible for all acts and omissions of your employees, contractors, agents, and other representatives (collectively, “Affiliate Representatives”), and any act or omission by an Affiliate Representative that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you; and (b) you will make each Affiliate Representative aware of this Agreement’s provisions, as applicable to such Affiliate Representative, and you will cause each Affiliate Representative to comply with such provisions.
To apply for participation in the Program, you must: (a) agree to this Agreement; (b) submit an application to participate in the Program; and (c) provide a valid account for a payment processor (such as PayPal) acceptable to us, in our sole discretion (“Payment Method”) (collectively, the “Enrollment Requirements”). After your completion of the Enrollment Requirements, you may be accepted into, and enrolled in, the Program. Acceptance into and continued participation in the Program may be granted, denied, withheld or revoked in our sole discretion as Cloudfleet reserves the right to re-evaluate your enrollment in the Program at any time. Affiliate Representatives who complete the Enrollment Requirements on behalf of an Entity Affiliate must be authorized to agree to this Agreement on the Entity Affiliate’s behalf. You are not eligible to rejoin the Program if you were previously removed from the Program by Cloudfleet.
By participating in the Program, you represent and warrant the following:
A breach of the above representation and warranty is a material breach of this Agreement and will result in immediate removal from the Program. You are prohibited from advertising to, or otherwise engage in commercial activities with, persons or businesses residing in Prohibited Countries while participating in the Program.
Referrals Process. If you are accepted into, and enrolled in, the Program, you will receive a unique URL (“Affiliate Link”) that you may display on your website(s), social media page(s), and/or other applicable channel(s) (collectively, including the content contained therein, “Affiliate Channels”), in order to facilitate referrals. Use of the Affiliate Link on Affiliate Channels and referrals made through the Affiliate Link are subject to the terms and conditions of this Agreement and any other guidelines we may make available to you.
Each entity that, within ninety (90) days of clicking on your Affiliate Link, subscribes to a paid plan for Cloudfleet services described at https://cloudfleet.ai/pricing (each such entity, a “Customer,” and, each such paid plan, a “Subscription”), is a successful referral (“Referral”). For each referral of a paid plan, you will receive twenty percent (20%) of the revenue generated by eligible Cloudfleet products and actually received by Cloudfleet. This excludes applicable taxes, refunds, chargebacks, reversals, collection costs, and similar deductions. The commission applies for the first year of the applicable subscription (“Commission”). This revenue includes all paid Cloudfleet products, except for Cloudfleet Kubernetes Engine Managed Fleets on any supported cloud providers. As a Program participant, you will receive access to a dashboard designed to assist you in tracking clicks on your Affiliate Link, Referrals, and your eligibility for Commissions (the “Dashboard”). For clarity,. Cloudfleet is not obligated to provide any payment or compensation of any type beyond that of earned Commissions, if any.
Exclusions. Notwithstanding anything to the contrary in this Agreement, you will not be entitled to, and Cloudfleet will be under no obligation to pay Commissions under the following circumstances:
Limitations. Notwithstanding anything to the contrary in this Agreement, payment of Commissions will be subject to the following limitations:
Payment of Commissions. Commissions earned for each Referral will become payable thirty (30) days after Cloudfleet’s receipt of payment for the applicable Customer’s Subscription. After this thirty (30) day period, the Commission will appear within the Dashboard (with the exception of holidays, weekends, and company closures, in such cases the Commission will appear on or about the next business day). Commissions are up for processing according to a cadence that matches the applicable Customer’s payment terms. For example, if Customer pays Cloudfleet for a monthly Subscription, you will be entitled to Commissions for each of the first twelve (12) consecutive months during which Customer pays for such Subscription (provided that all other conditions set forth in this Agreement regarding Commissions are met).
Customer Refunds. If a refund is issued to a Customer (including, without limitation, due to such Customer’s cancellation of its Subscription), or a payment from a Customer is charged back or reversed, after the Commission associated with such payment by Customer has already been made available in your Payment Method, then Cloudfleet will, at its option: (i) debit your Payment Method for an amount equal to such refund, chargeback, or reversal amount, (ii) reduce or set off against any future Commissions due to you hereunder by an amount equal to such refund, chargeback, or reversal amount, or (iii) invoice you for an amount equal to such refund, chargeback, or reversal.
Taxes. You are solely responsible for all taxes, duties, excises, and other charges imposed by any government entity, and for any and all reporting requirements, related to your Commissions. Cloudfleet may withhold from any amounts due to you hereunder (or, when appropriate, invoice you for) any applicable taxes, refunds, chargebacks, reversals, costs of collection, and the like that are assessed against Cloudfleet at any time in connection with Commissions. Notwithstanding anything to the contrary herein, you may be required to provide information and/or to complete and provide tax documentation (including, without limitation, a completed IRS Form W-9 or W-8BEN) as a condition to receiving Commissions, and you will provide any and all information and/or documentation reasonably requested by Cloudfleet to comply with any tax reporting obligations of any jurisdiction. You understand and acknowledge that Cloudfleet may issue a Form 1099 in the event that Commissions equal $600 (or the then-current minimum amount established by the IRS for 1099 reporting) or more in a given year.
In order to remain in the Program you must comply with all of the requirements and restrictions outlined in this Section. Failure to comply with the requirements and restrictions of this Section is a material breach of the Agreement and shall result in immediate removal from the Program.
Compliance with Law. Your actions in connection with the Program including but not limited to your use of the Affiliate Link, the Affiliate Channel(s), and any Affiliate Materials do not and will not violate any Applicable Laws, including, without limitation, the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et seq., the EU General Data Protection Regulation 2016/679 of the European Parliament and of the Council, and any other applicable data protection or privacy laws (collectively, “Privacy Laws”); the CAN-SPAM Act and the Telephone Consumer Protection Act; the U.S. Federal Trade Commission’s (“FTC”) Guides Concerning the Use of Endorsements and Testimonials in Advertising and guidance on Cross-Device Tracking the Digital Advertising Alliance’s Self-Regulatory Principles for Online Behavioral Advertising, Principles of Transparency and Control to Data Used Across Devices, and Self-Regulatory Principles to the Mobile Environment and all applicable sanctions programs administered by, and restrictions imposed by, OFAC.
General Restrictions. Program participants are prohibited from engaging in the following activities:
Pay-Per-Click (“PPC”) Restrictions. “Restricted Terms” as used in this Section and elsewhere in the Agreement shall refer to the use of Cloudfleet, cloudfleet.ai, Cloudfleet OÜ, and any variations or alternative spellings of the foregoing, accompanied by any of the following terms “coupon,” “discount code,” “discount,” “promo code,” “promo,” “sale(s),” and/or “deal(s).” Affiliates are subject to the following PPC Restrictions:
Social Media Guidelines. To the extent you advertise or promote Subscriptions on Facebook, Twitter, Instagram, YouTube, Pinterest, TikTok, and/or other social media platforms (collectively, “Social Media Platforms”) you will comply with the following guidelines:
Privacy Restrictions. Without limiting the generality of Section 4.1 above, in your capacity as an Affiliate, you are required to comply with all applicable Privacy Laws with respect to your interactions with all individuals (including, without limitation, representatives of Customers and of prospective Customers). Examples of such compliance include:
Additionally, you agree to promptly notify Cloudfleet in the event of any Privacy Incident (as defined below), and to fully cooperate with Cloudfleet in the event that Cloudfleet escalates requests your cooperation with respect to, any Privacy Incident. A “Privacy Incident” refers to any confirmed or reasonably suspected accidental, unlawful, or unauthorized collection, processing, destruction, loss, alteration, or disclosure of, or access to, Personal Information by you or on your behalf, and includes, without limitation, any allegation that you have not properly provided notice with respect to, or have not properly obtained consent to, collect Personal Information; or that you engaged in phone calls or email messages, or collected data, in a manner inconsistent with your privacy policy, this Agreement, and/or Applicable Laws.
FTC Disclosure Requirements
As an Affiliate you are required to include a disclosure statement that is in compliance with all FTC Guidelines (as defined below) (each, a “Material Connection Disclosure Statement”) within any and all Affiliate Channels and any other content that includes your Affiliate Link. Each Material Connection Disclosure Statement must clearly and concisely state that we may compensate you in connection with your participation in the Program. Any statements you make about Cloudfleet, the Program, and/or our products and services, including, without limitation, Subscriptions, must reflect your honest opinions, beliefs, and/or experiences, and cannot be false, misleading, or unsupported. Each Material Connection Disclosure Statement you make must adhere to the following guidelines:
As used in this Agreement,“FTC Guidelines” refers to without limitation, the FTC’s “Dot Com Disclosures” guidelines the FTC’s Endorsement Guides , the FTC’s Native Advertising guidelines, and any other applicable FTC guidelines that are available or become available from time to time, in each case as may be amended or updated from time to time.
Maintenance of Affiliate Channel(s)
The maintenance and the updating of the Affiliate Channel(s) will be your sole responsibility. We have the right to monitor the Affiliate Channel(s) at any time to determine their compliance with the terms and conditions of this Agreement. We will notify you of any changes to the Affiliate Channel(s) that must be made for your participation in the Program to continue. If you do not promptly make the requested changes to the Affiliate Channel(s), we may terminate your participation in the Program, effective immediately upon written notice to you.
Audits
You will maintain accurate and complete records relating to your conduct in connection with the Program during your participation in the Program and for three (3) years thereafter. Upon request, you will enable Cloudfleet or its designated service provider to audit your records and other relevant materials to verify your compliance with this Agreement and any other guidelines we may make available from time to time. In addition, you will promptly provide such records and other materials, as well as all other cooperation and assistance, as may be reasonably requested by Cloudfleet from time to time. You will promptly notify Cloudfleet in writing of any inquiry received by you from any news media, reporter, publication, trade association, or governmental authority, and of any complaints or allegations of wrongdoing received by you, with regard to Cloudfleet, the Program, or your conduct under this Agreement and/or in connection with the Program.
Modification
Cloudfleet reserves the right to change, modify, and/or eliminate the Program and/or all or any portion of this Agreement or any policy pertaining to the Program in its sole discretion, at any time, for any or no reason, including by discontinuing or changing the terms applicable to the Affiliate or Agency Fees, or by merging the Program with another program. If we make changes to this Agreement, we will post the amended Agreement at https://cloudfleet.ai/company/affiliate-terms-of-service/ and update the ‘last modified’ date at the top of the page. We may also attempt to notify you of such changes in other ways, including via email . Unless otherwise stated by us in writing, the amended Agreement will be effective immediately upon its posting, and your continued participation in the Program after the amended Agreement is posted will confirm your acceptance of the changes. If you do not agree to the amended Agreement, your only recourse is to stop participating in the Program.
We may terminate this Agreement and/or your participation in the Program in accordance with the terms hereof. You may terminate your participation in the Program, by giving us at least ten (10) days’ written notice. Upon termination, (a) you must immediately cease all activities in connection with the Program, (b) you must immediately cease all use of, and remove from the Affiliate Channel(s), your Affiliate Link and all materials provided by or on behalf of us to you (including all Licensed Materials (as defined below)) in connection with the Program, and (c) you will cease accruing rights to Affiliate or Agency Fees. Any outstanding payment obligations and all provisions that, by their nature, should survive the termination of this Agreement and/or your participation in the Program, including, without limitation, Sections 2, 3.4, 4, 5, 6.3, 6.4, and 7 through 13 (inclusive), will survive such termination.
You hereby release, on behalf of yourself and any Affiliate Representatives, Cloudfleet from any and all Losses arising out of or related to a dispute between you and a third party (including any other Affiliate) in connection with the Program. In addition, you waive, on behalf of yourself and any Affiliate Representatives, any Applicable Laws that says, in substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE RELEASED PARTY.”
You will indemnify, hold harmless, and (at Cloudfleet’s option) defend Cloudfleet and its affiliates, and its and their respective directors, officers, employees, consultants, agents, shareholders, partners, members, and other owners (collectively, “Cloudfleet Indemnitees”), against any and all Losses arising out of or in connection with any third-party claim resulting from of or related to: (a) your conduct in connection with the Program and/or this Agreement, including the actions and omissions of Affiliate Representatives; (b) allegations that any content or other material you use, distribute, reproduce, modify, publish, list information regarding, edit, translate, syndicate, make derivative works of, display, or perform on the Affiliate Channel(s) or otherwise in connection with the Program and/or this Agreement infringes, misappropriates, or violates any Intellectual Property Right or right of publicity (except to the extent such content or material is unmodified Licensed Material); (c) any claim related to the Affiliate Channel(s); (d) allegations that any of the messages you send or your communications, or your participation in, or activities conducted in connection with, the Program violate any Applicable Laws; (e) your failure to satisfy any debt, obligation, or liability, including your failure to pay any taxes for which you are responsible or your failure to comply with your obligations to any Affiliate Representative, including payment of wages, provision of benefits, and payment of employment taxes; or (f) your breach of this Agreement, including any of your representations, warranties, or obligations hereunder (each, an “Indemnified Claim”). Unless Cloudfleet directs otherwise in writing or elects to control the defense of any Indemnified Claim, you will assume the defense of the Indemnified Claim through counsel designated by you and reasonably acceptable to Cloudfleet, and Cloudfleet may, at its expense, participate in the defense of the Indemnified Claim with its own counsel. You will not settle or compromise any Indemnified Claim, nor consent to the entry of any judgment, without the prior written consent of Cloudfleet. Cloudfleet will reasonably cooperate with you in the defense of an Indemnified Claim, provided that you reimburse Cloudfleet for its costs and expenses as they are incurred to provide such cooperation.
THE PROGRAM, YOUR AFFILIATE LINK, THE SITE, THE DASHBOARD, AND THE LICENSED MATERIALS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND. CLOUDFLEET HEREBY EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, ORAL OR WRITTEN, IN CONNECTION WITH THE FOREGOING, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF THE SITE, DASHBOARD, OR PROGRAM WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS, OR LOSS OF DATA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CLOUDFLEET SPECIFICALLY DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE AMOUNT OF COMPENSATION AND ANY ECONOMIC OR OTHER BENEFIT THAT YOU MAY EARN OR RECEIVE UNDER OR IN CONNECTION WITH THIS AGREEMENT AND/OR THE PROGRAM.
YOU UNDERSTAND THAT, IN THE COURSE OF CONDUCTING ACTIVITIES RELATED TO THE PROGRAM, YOU MAY INTERACT WITH THIRD PARTIES THAT MAY POSE HARM OR RISK TO YOU OR OTHERS. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE PROGRAM. CLOUDFLEET, ON BEHALF OF ITSELF AND THE CLOUDFLEET INDEMNITEES, EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF YOU OR ANY OTHER AFFILIATE OR ANY OTHER THIRD PARTY.
IN NO EVENT WILL THE CLOUDFLEET INDEMNITEES BE LIABLE FOR: (a) CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS OR REVENUES OR DIMIUNTION IN VALUE, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND/OR THE PROGRAM; OR (b) ANY AMOUNT, IN THE AGGREGATE, GREATER THAN THE AFFILIATE OR AGENCY FEES PAID AND/OR PAYABLE TO YOU HEREUNDER IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY. THE FOREGOING LIMITATIONS WILL APPLY REGARDLESS OF: (i) WHETHER THE DAMAGES WERE FORESEEABLE; (ii) WHETHER ANY CLOUDFLEET INDEMNITEE WAS ADVISED OF THE POSSIBILITY OF THE DAMAGES; AND (iii) THE LEGAL OR EQUITABLE THEORY (WHETHER CONTRACT, TORT, OR OTHERWISE) ON WHICH THE CLAIM IS BASED, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Governing Law. This Agreement will be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law governing this Agreement, the Federal Arbitration Act (9 U.S.C. §§ 1-16) (“FAA”) governs the interpretation and enforcement of the Arbitration Agreement below and preempts all state laws (and laws of other jurisdictions) to the fullest extent permitted by Applicable Laws. If the FAA is found to not apply to any issue that arises from or relates to the Arbitration Agreement, then that issue will be resolved under and governed by the law of the U.S. state where you live or reside (if applicable) or of the jurisdiction mutually agreed upon in writing by you and us. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction in accordance with Section 12.c and/or to prevent the actual or threatened infringement, misappropriation, or violation of our data security or Intellectual Property Rights, as set forth in the Arbitration Agreement below, including any provisional relief required to prevent irreparable harm. You agree that California is the proper and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the Arbitration Agreement below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CLOUDFLEET. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Cloudfleet that arises out of or relates to, directly or indirectly: (i) this Agreement, including the formation, existence, scope, breach, termination, enforcement, interpretation, validity, and/or enforceability thereof; (ii) the Program and any related transactions; (iii) the Affiliate Channel(s), the Site, the Dashboard, and/or your Affiliate Link; and/or (iv) any other aspect of your relationship or transactions with Cloudfleet, directly or indirectly (each, a “Claim,” and, collectively, “Claims”). This Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of this Arbitration Agreement, which will remain in full force and effect, or on the parties’ ability to compel arbitration of any remaining Claims on an individual basis pursuant to this Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver below is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual claims in arbitration.
Class Action/Jury Trial Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS CLASS ACTION/JURY TRIALWAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE AFFILIATE’S CLAIMS. YOU AND CLOUDFLEET AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER AFFILIATES. YOU AND CLOUDFLEET FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND CLOUDFLEET ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.