Affiliate Marketing AgreementAssociate Marketing Agreement
Affiliate Marketing Program Agreement
KINDLY: PLEASE CAREFULLY REVIEW THIS MARKETING AFFILIATE AGREEMENT. Marketing Affiliate Programme Agreement is valid for your membership in our Marketing Affiliate Programme (the "Affiliate Programme"). Those conditions are so important that we cannot allow you to join our affiliate programme unless you consent to them. For example, if the Affiliate Programme changes, terminates or becomes part of an ongoing programme, up to and personalised to you, we may also supersede these conditions completely.
Should you disagree with the updating or exchange, you can cancel as described below. "Affiliate Marketing Program" means our Marketing Affiliate Programme as described in this Agreement. "An Affiliate Lead" means a potential client who is clicking on the affiliate link that we have provided to you through the Affiliate Tool.
"Affiliate link" means the one and only track and trace that you place on your website or advertise through other media. "The Affiliate Policy" means the Affiliate Policy that we may provide to you from relevant times. "The Affiliate Tool" means the tools that we provide to you upon your consent to the Affiliate Program and that you may use to enter the Affiliate Program.
"Agreement " means this Marketing Affiliate Program Agreement and all material referenced or referenced herein. "Commission" means an amount described on the Program Policy page for each customer transaction. "Client Transactions" are Affiliate Lead transaction commissionable under the "Client Transactions" section of this Agreement.
"Others Products" means the goods and service offered by us that are not part of the Subscription Service (see below); and for the purpose of this Agreement, "Others Products" includes all of our marketing tools, old selling and marketing tools, and any deployment, adaptation, training, advice, supplemental technical assistance or other third parties product or service fee, whether provided professionally or as a service.
Subscription Service does not cover our prior selling product, implementations, customizations, trainings, consultations, supplemental supports or other third parties product or service fee or service provision for the purpose of this Agreement. Nothing in this Agreement constitutes an agreement between you and us. You and we both have the right to refer similar third parties' goods and provide similar goods and third parties' service and to cooperate with other third parties in the planning, selling, installing, implementing and using similar third parties' goods and service.
As soon as you have submitted an Affiliate Enrollment Request, we will consider your request and inform you whether or not you have been approved to join the Affiliate Program. If, within thirty (30) working days of your submission, we do not inform you that you are eligible to enroll in the Affiliate Program, your submission will be deemed declined.
When you are eligible to join the Affiliate Program, upon notice of your Acceptance, the provisions of this Agreement shall fully govern until termination in accordance with the following provisions. In addition, you may be required to fill out all of the enrolment requirements listed on the Program Policies page.
If you do not meet any registration requirements within thirty (30) calendar day of your approval, this Agreement will be terminated immediately and you will no longer be eligible to enter the Affiliate Program. To be eligible to take part in these programmes, you must submit your applications in accordance with the respective applications procedures.
Your must abide by the provisions of this Agreement at all time, as well as the Program Policies in force. In order to be entitled to commission, (i) an affiliate lead must be approved and effective in accordance with the "Acceptance and Validity" section, (ii) a client transaction must have taken place, (iii) a client must be a client, sixty (60) day plus the number of day to the end of that calender month to be entitled to commission.
As an example, a client who makes a sale on 15 March must stay a client until 31 May to be entitled to a commission. No commission will be payable on any transaction that takes place on a domain (. fr, . jp, . de, etc.). They are not entitled to earn from us commissions or other remunerations arising from or related to transaction for other products:
iii ) the Client has directly or will directly make such payments of brokerage, agency or other damages to you; iv) the payments of brokerage have been obtained through fraud, abuse of the Affiliate Link and in contravention of the Affiliate Program policies that we provide to you, Abuse of the Affiliate Tool or otherwise that we consider to be a misappropriation of the Marketing Affiliate Program or ( v ) the Client is participating in any of our Affiliate Program, Inc. Agency Affiliate Program, Sales Refral Affiliate Program or Sales Solutions Affiliate Program and is entitled to earn royalties in connection with the Client transaction under any of these Affiliate Program.
If, at any time, you are entitled to a royalty under the Sales Solutions Partners Program Agreement, the Sales Referral Program Agreement, or the Agency Partners Program Agreement, your membership in the Affiliate Program will not cause the amount of the royalty to vary. In this way, for example, you cannot earn the commission specified in this agreement for each affiliate transaction concluded during your membership as a Sales Referral Program Participant (as specified in the Sales Referral Program Agreement).
However, in competition with other related companies, we may, at our own judgement, place the Commission at the disposal of the related company which we consider to be the most suitable for the Commission. Commissions may be suspended if any of the promotion conditions listed in this sub-section is not fulfilled at any point.
A affiliate lead is deemed to be current and approved if it is in our reasoned opinion: However, notwithstanding the above, we may in our sole judgment decide not to take an Affiliate Lead. When an affiliate lead does not buy the subscription service within the timeframe described on the Program Policy page when he clicks the link the first day he clicks the affiliate link, you are not entitled to a commission even if the affiliate lead chooses to buy after the timeframe expires.
Affiliate Lead shall not be deemed effective if the first click on the Affiliate Link occurs after the expiration or termination of this Agreement. As soon as we have the affiliate lead information, we may choose to contact the potential customer directly, regardless of whether the affiliate lead is current or not.
When an affiliate lead is not current, we may store it in our data base and opt to work with that affiliate lead. Provision and payments. You must have done so in order to obtain payments under this agreement: Irrespective of the above or anything to the opposite of this Agreement, if any of the conditions specified in Section 5(a)(i-iv) remains open for six (6) month immediately after completion of a Customer transaction, then your right to commission from all Customer transactions with the Affiliated Customer shall forfeit forever (each a "Forfeited Transaction").
There is no requirement for us to make commission payments to you in connection with an expired transaction. As soon as you have fulfilled all the conditions in Section 5(a)(i-iv), you are entitled to a commission for customer transactions, as long as these customer transactions do not affect the same customer associated with an expired transaction.
Provisioning. It is our responsibility to specify the denomination in which we shall make payments to the Commission and the exchange rates to be applied. No more than a commission or other similar commission will be paid by us for a particular customer transaction (unless we decide to do so in our sole discretion). They will be liable for the full amount of tax payable by the Commission.
Amounts of commission. The right is reserved to modify or supplement the commission amount. All information about the commission amount will be published on the Program Policies page. Associate training and support. For free, we can provide you with various free online tutorials and other ressources provided through our partner program.
When we provide you with these ressources, you will be encouraging your field staff and/or other appropriate employees to attend trainings and/or other certification courses that we suggest and may provide to you from time to time-from you. Any or all of the advantages or offers of the Affiliate Program may be changed or discontinued by us at any point in our sole discretion and without prior notification.
i) use only the Image (s) of our Brand that we make available to you without modifying them in any way; ii) use only our Brand(s) in conjunction with the Affiliate Program and this Agreement; and iii) immediately respond if we ask you to cease use. i) use our Brand in a deceptive or derogatory manner; ii) use our Brand in a manner that implicates that we approve, sponsors or authorize your service or product; or iii) use our Brand in contravention of current laws or in association with an obscene, vulgar or illegal subject matter or work.
This Agreement does not grant any licence for Licensed Material. To avoid any doubts, the Client shall own and maintain all proprietary data of the Client. i) Safeguard the privacy of the Disclosing Party's Disclosing Party's Disclosed Information with the same diligence it applies to its own Disclosed Information, but in no case less than appropriate diligence; ii) Do not use the Disclosing Party's Disclosed Information for any purposes outside the purview of this Agreement; iii) Do not share the Disclosing Party's Disclosed Information with any third parties; and iv) Restrict the Disclosing Party's disclosure of Disclosed Party's Disclosed Information to its staff, suppliers and representatives.
During the term of this Agreement, you will set up and operate appropriate arrangements and processes to process all opt-out, deregistration, "do not call" and "do not send" notices. The Agreement will continue to be in effect as long as you continue to join the Affiliate Program until it is terminated. This Agreement will continue to be in effect until it is cancelled. You and we may cancel this Agreement by giving fifteen (15) business days prior' prior written notice to the other contracting partner.
Cancellation in the event of changes to the contract. In the event we revise or supersed the provisions of this Agreement, you may cancel this Agreement by giving five (5) days' prior five (5) day writing to us, provided you notify us in writing within ten (10) working days of our notification of such revisions. This agreement can be terminated:
liquidate or assign to our believers, (iv) immediately if you violate the conditions of your membership with us (if you have one), your failure to meet your financial obligation to us or our affiliates, or (v) immediately if we discover that you have or may have had a negative effect on us, our prospective clients or our clients.
Expiry of this Agreement and cessation of this Agreement: Our duty to make commission payments to you shall remain unaffected (i) without us giving a reason, (ii) by you for cause, (iii) by you in accordance with the section "Termination for Contract Amendments", as long as the related Customer Transaction payments are accepted by us within thirty (30) working days after the date of such completion or expiry and provided that in no case shall you be liable to any commission under this Agreement if you are claiming any commission under the Sales Solution Agreement, the Promotion Agreement or the Agency Partner Agreement if you are claiming any sales participation under the Sales Solution Agreement, the Agency Partner Agreement or the Agency Partner Agreement.
Subject to our payment obligations and your right to a commission expiring in the case of unjustified notice of cancellation by you or by us at the time of cancellation, whether or not you would otherwise be entitled to a commission before the date of cancellation.
Unless otherwise specifically stated in this section, you are not entitled to any commission payments upon expiry or cessation of this Agreement. At the end or expiry of the Affiliate Program, you will cease and terminate the use of the Affiliate Tool that we provide to you for your Affiliate Program use.
At the end or expiry of an Affiliate Lead, it will be deemed invalid and we may elect to store it in our records and work with such potential customer. You will immediately cease using our Brand and the links to this Affiliate Program from your Websites and other securities upon completion or expiry.
To avoid any doubts, the cancellation or expiry of this Agreement shall not result in the cancellation of a Customer's subscriber agreement by any third parties not associated with us, to the extent that such action is arising out of or relates to (a) your membership in the Affiliate Program, (b) our use of the Prospectus Information you provide, (c) your failure to comply with or violation of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks.
INTERFACES (APIs) AND THE AFFILIATE TOOL APPLICATION PROGRAMMING SHALL NOT BE AVAILABLE AT ALL TIMES. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IF WE ARE RESOLVED TO BE LIABLE TO YOU OR ANY THIRD PARTY, THE CONTRACTING ENTITIES SHALL BE BOUND BY THE AGREEMENT THAT OUR TOTAL LIABILITIES SHALL BE RESTRICTED TO THE TOTAL COMMISSION AMOUNT ACTUALLY DUE TO YOU FOR THE RELATED CUSTOMER TRANSACTION IN THE TWELVE MONTHS PRIOR TO THE INCIDENT GIVING CAUSE FOR SUCH ACTION.
THE COOKIES USE UNDER THIS PARTNER PROGRAM HAVE A DURATION OF 90 DAYS. For the duration of this Agreement and for a twelve (12) month grace after termination or expiry of this Agreement, you hereby consent not to deliberately seek or seek work from any of our staff or agents. We may revise and amend this Agreement in whole or in part, up to and including by superseding it in its entirety. Amendments to this Agreement may be made at any time without notice.
Should we revise or modify this Agreement, the revised Agreement will be made available to you through the Affiliate Tool and we will notify you by e-mail. Our revised Agreement shall become valid and enforceable on the next working days following our notice. If we modify this Agreement, the above "Last Modified" date will be refreshed to reflect the date of the most recent release.
It is recommended that you check this agreement regularly. In the event that you do not consent to the updating, modification or substitution, you may cancel as described above. Governing law. Nothing in this Agreement shall be construed under the law of the Commonwealth of Massachusetts, without respect to the conflicts of law principles of this Agreement.
If either of us should bring any claim under this Agreement or any other litigation between the Parties, the sole forum for such claim shall be the state and federal courts located in Boston, Massachusetts. With the exception of claims for non-payment or infringement of a party's property right, no claim, in any manner whatsoever resulting from or related to this Agreement, may be made by any one of the third or fourth parties more than one (1) year after the cause of action arose.
You and we acknowledge and understand that there is no contractual, labor, joint adventure, affiliation or employment agreement between you and us under this Agreement. Observance of current legislation. It is your responsibility to abide by all relevant local and international law (including, but not limited to, government regulations, exports law and legislation governing the transmission of undesired emails), government rules, orders and orders, and to make sure that third party agents conducting selling or recommending on your account do so.
They may not conduct any erroneous, unlawful or wrongful marketing activity, or any activity that could otherwise be harmful to us, our clients or the general public. Your marketing activity may not be carried out by third parties. In the event that any part of this Agreement is found void or unenforceable pursuant to the laws in force, then the void or enforceable condition shall be replaced by a valid, enforceable condition that most nearly resembles the intention of the initial condition and the rest of this Agreement shall remain in effect.
Your Affiliate: Your email as it appears in our affiliate information. Complete agreement. The Agreement is the whole agreement between us for the Affiliate Program and replaces all other offers and arrangements, whether electronically, verbally or in writing, between us. You and we expressly request that this Agreement and all related documentation be in English.
We can provide different language translations of this agreement. When we do so, the German language portion of this Agreement governs our relations, and the language translation is provided for convenience only and will not be construed to alter the language translation of this Agreement. Neither party may subrogate or subrogate this Agreement, nor any such subrogation or subrogation by way of fusion, reorganisation, sale of all or substantially all of its property, title or interest, without our express permission in writing.
This Agreement may be assigned to an affiliate or, in the case of a business combination, reorganisation, disposal of all or substantially all of our business combination identifiable information, changes of ownership or application of laws. No part of this Agreement, either expressly or tacitly, is designed or shall grant any right, advantage or remedy of any kind under or pursuant to this Agreement to any individual or legal person (other than the parties).
Either of the parties assures and guarantees to the other that it has the full right and power to conclude this Agreement and that it is legally binding upon that contracting partner and can be enforced in accordance with its conditions. Beyond the expiry or cessation of this Agreement, the following paragraphs shall survive: "Commission and Payment", "Proprietary Rights", "Confidentiality", "Effects of Termination/ Expiration", "Indemnification", "Disclaimers; Limitation of Liability", "Non-Request" and "General".
The addendum is part of the Marketing Affiliate Program Agreement. The capitalized words used in this Supplement shall have the meaning given to them in the Marketing Affiliate Program Agreement (the "Agreement") unless otherwise provided in this Supplement. a) "controller", "processor", "data subject" and "processing" (and "process") have the meaning given to them in relevant legislation; b) "applicable law " means all relevant legislation and rules on personal information relating to personal information, which apply to such personal information, and which may be modified or substituted, as the case may be, by EU legislation on personal information, as the case may be (as the case may be); c) "EU legislation on personal information" means EU legislation on personal information:
and ( ii) the EU ePrivacy Directive (Directive 2002/58/EC); and (iii) any applicable domestic law adopted in accordance with or referred to in paragraph (i) or (ii) of this Article; and (d) "Personal Data" means any information concerning an individual who has been or can be personally identified in so far as such information is considered to be personally identifying information under the applicable law.
Either Affiliate acknowledges that either Affiliate may make available or make available personal information to the other Affiliate in conjunction with the Marketing Affiliate Program. Either side processes this data: i) for the purpose described in the Agreement; and/or ii) as otherwise permissible under the applicable Privacy Act. Either Clause will treat the copy of the personal information in its ownership or otherwise of which it controls as an impartial Controller (not as a Controllers Shared with the other Clause).
Either of the parties is obliged to fulfil its duties under the applicable law on the protection of personal information and this Supplement specifically when handling personal information. None of the parties is liable for the other party's adherence to applicable laws. Specifically, each individual shall be personally accountable for having its personal information processed in a legitimate, equitable and Transparent manner and shall provide individuals with a policy that complies with the applicable law.
If the applicable data protection law of the European Economic Area ("EEA") and/or its Member States, the United Kingdom and/or Switzerland (collectively, for the purpose of this Addendum, the "EU") is applicable to the personal data ("EU Personal Data"), none of the Parties shall treat (and allow the treatment of EU Personal Data) EU Personal Data in an area outside the EU unless it has taken the necessary steps to assure that the treatment complies with the applicable data protection law.
Either of the parties will take and retain all appropriate engineering and organisational steps to safeguard and safeguard all copy of personal data in its control from (i) unintentional or illegal destruction and ( ii) accidental or unauthorised removal, modification, disclosure oder unauthorised use ( "security breach") and the safety and privacy of such personal data.
Either of the parties will immediately inform the other as soon as it becomes aware of a violation of the EU Data Protection Act/Applicable Data Protection Law.