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1. Description of the Program
The purpose of the Program is to enable you to advertise Products on your site and to earn advertising commissions for Eligible Purchases (as defined in Section 7) made by your end users. A "Product" is any item sold on the Site. The Product may also include some services, if any, expressly included in the Attachment relating to the Advertising Commissions of the Affiliate Program. In order to facilitate the promotion of the Products, we may provide you with data, images, texts, link formats, widgets, links and other promotional tools, and other information related to the Program ("Content"). The Content expressly excludes any information, image, text and other information or content relating to the Excluded Products and products offered on another site other than ours.
To start the registration process, you must submit an application to join the Program. In your question you will have to indicate your site. For the purposes of this Operating Agreement, "your site" means your website or mobile application (defined below). We will evaluate your application and inform you if it has been accepted or rejected. Your question may be rejected if we believe your site is not eligible. Unsuitable sites include those that:
(a) promote or contain material with explicit sexual character;
(b) promote violence or contain violent material;
(c) promote or contain libelous or defamatory material;
(d) promote discrimination or resort to discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation or age;
(e) promote or practice illegal activities;
(f) include any registered trademark of ND Industries or its affiliated companies, or a variant or mispronunciation of a registered trademark of ND Industries or its affiliated companies, at any point in the domain name.
(g) otherwise violate intellectual property rights.
If we refuse your application, you can resubmit your application at any time. However, if we accept your application and subsequently ensure that your site is not eligible, we may terminate this Operating Agreement.
You will need to ensure that the information contained in your application for membership of the Program and otherwise associated with your account, including your email address and other contact information and identification of your site, is always complete, accurate and up-to-date. We may send you notifications (if any), authorizations (if any), and other communications relating to the Program and this Operating Agreement to the email address that will be associated with your Program account at the moment. All notifications, authorizations and other communications sent will be sent to that e-mail address, even if the e-mail address associated with your account is no longer current.
3. Links on Your Site
After receiving the notification that you have been admitted to the Program, you will be able to publish the Special Links on your site. "Special Links" are links that appropriately use special link formats marked with tags that we provide (including the Affiliate ID you receive), and that comply with the Affiliate Program Linking Requirements. Special Links allow accurate tracking, reporting and crediting of advertising fees.
You will only receive advertising fees to the extent provided for in Section 7 and only with regard to the relevant activity that takes place directly through the appropriate Special Links. We will not be required to pay you advertising fees in the event you fail to correctly format as a Special Link the links on your site to our site, including to the extent that such loss may result in a reduction in advertising fees that should otherwise be paid to you pursuant to of this Operating Agreement.
4. Program Requirements
By adhering to the Program you agree to comply with the Membership Program Participation Requirements, hereby you authorize us to:
send from time to time emails related to the Program;
5. Responsibility for Your Site
You will be solely responsible for your site, including its development, operation and maintenance and all the materials displayed on it or contained therein. For example, you will be responsible:
the technical functioning of your site and all the relative equipment;
of the publication of Special Links and Content in accordance with this Operating Agreement, the Operating Documentation, any applicable law and any agreement between you and any other person or entity (including any restrictions or requirements you have been subjected to by a person or body that hosts your site);
the creation and publication of messages and the guarantee of the accuracy, completeness and adequacy of the material published on your site (including all product descriptions and other materials related to the Products and any information you have included in the Special Links or associated with them);
of the use of the Content, of your site, and of the material published or contained in your site, so that it does not constitute infraction, violation or misappropriation of any of our rights or those of another person or entity (including copyrights, trademarks, privacy, advertising or other intellectual property or property rights);
We will not be liable for these issues and any claims by your end users about these matters, and agree to defend, hold harmlessly and harm us, our affiliated companies and licensors and our and their respective employees, officers, directors and representatives, from all claims, damages, losses, liabilities, costs and expenses (including legal fees) relating to (a) your site or any material appearing on your site, including the association of your site or those materials with other applications, contents and processes; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your site or any material appearing on your site or contained in it, and all other matters reported in Section 5; (c) your use of any Content, whether or not it is authorized by this Operating Agreement, by the Operating Documentation or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) the negligence or malice of you or your employees.
6. Evasion of Orders
We will process Orders from Products that follow the Special Links from your site to our Site. We reserve the right to reject orders that do not meet the requirements in their updated version. We will track the Eligible Purchases (as defined in Section 7) in order to report and publish the accreditation of the advertising commissions and we will provide you with reports that provide a summary of these Eligible Purchases.
7. Advertising commissions
We will pay you the advertising fees on Eligible Purchases in accordance with Section 8 and the Advertising Boards of the Affiliate Program. In compliance with the exclusions specified below, an "Eligible Purchase" occurs when (a) a customer clicks on a Special Link on your site to the related site linked to the Affiliate ID for that particular site; (b) during a single session the customer (i) adds a Product to his cart and confirms the order for that Product no later than 89 days from the date of his initial access by clicking on the Special Link, (ii) acquiring a Produced through our 1-Click option, or (iii) benefits from streaming or downloading a Product from our site if the Product is a Digital Product; and (c) the Product is sent to the customer, transmitted in streaming or downloaded and paid for by the customer.
A "Session" begins when a customer clicks on a Special Link published on your site that returns to our site and ends when the first of the following circumstances occur: (x) 24 hours have passed since that click; (y) the customer places an order for a Product that is not a Digital Product; or (z) the customer follows a Special Link to our site which is not your Special Link.
Eligible Purchases exclude the following, and we will not pay advertising fees in this regard:
any Product which, once the applicable Session has expired, is added to the Shopping Cart of a customer, is purchased by a customer through our 1-Click function, or is sent in streaming or downloaded by a customer, even if the customer has previously followed by a Special Link from his site to our site;
any purchase of a Product that is not properly tracked or incorrectly reported as links from your site to our site are not properly formatted;
any Product purchased through a Special Link by you or on your behalf, including products purchased through Special Links for you, friends, relatives or affiliates (eg personal orders, personal use orders, and orders placed by you for or on behalf of any another person or entity);
any Product purchased for resale or commercial use of any kind;
any Product purchased after termination of this Operating Agreement;
any Product order canceled or returned; is
any Product purchased from a customer sent to one of our sites through one of the following:
to. a Prohibited Search Placement; or
b. a link to our site, including a Redirect Link, generated or displayed on a Search Engine in response to a search query on the Internet or keyword (ie natural, free, organic or non-paid search results), both that this link appears as a result of your sending data to that site, which in another way.
"Prohibited Search Positioning" means an advertisement that you have purchased through the purchase of keywords, search terms or other identifiers (including Proprietary Terms) or by participating in keyword auctions. "Redirect Link" means a link that refers users directly to one of our sites through an intermediate website or web page and without requiring the user to click on a link or take other measures of acceptance on that site or page Intermediate Web. "Search Engine" means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service or referencing system, or any site that participates in any of their respective networks.
8. Payment of Advertising Commissions
We undertake to pay you monthly advertising commissions for the Purchases Eligible shipped, sent (depending on the applicable case) in a given month, subject to any deductions or deductions described below. Advertising fees will be paid in Euros for eligible Purchases made on our site. You will receive the payment at approximately 60 days from the last calendar day of the month using the payment method chosen by you from the following available options. Until one of the payment methods listed below is selected, we will not be able to make the payment and will retain any accrued fees that have not yet been paid until you have done so.
(a) Payment we make a payment to a paypal account.
(c) Payment by Gift Voucher. If you choose payment by Gift Certificate we will send you a gift certificate corresponding to the amount of your advertising fees, which can be used on our website from which you generated the applicable advertising fees
If there has not been a significant activity on your account for at least 3 years, then we will have the right, by written notice of seven (7) days, to close your inactive account and terminate this Operating Agreement. We may deduct or withhold any tax that we may be legally obligated to deduct or withhold from any amount due to you under this Operating Agreement. Payments made in your favor, net of such deductions or withholdings, will constitute the full payment and balance in your favor of the amounts due under this Operating Agreement.
9. Policies and Prices
Customers who purchase products through this Program are considered to be our customers for all the activities they undertake in connection with our site. Therefore, as between you and us, all prices, terms of sale, rules, policies and operating procedures concerning customer orders, customer service and product sales set forth on our site apply to such customers and are from time to time subject to change on our part.
10. Identify yourself as an Affiliate
You agree not to issue press releases or any other communication to the public in connection with this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including expressly stating or implying that we support, sponsor, support or contribute to beneficial institutions or any other cause), or explicitly state or insinuate the existence of any relationship or affiliation between us and you or any other person or entity, except where expressly permitted under this Operating Agreement.
11. Compliance with the law
In relation to your participation in the Program, you are required to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, guidelines, codes of conduct and other requirements established by (a) any government agency in whose jurisdiction you are subject or (b) any applicable regulatory or self-regulation body, including the regulation governing electronic marketing (eg, the regulations implementing Directive 2002/58 / EC - Directive on privacy and electronic communications ), regulations on the processing of personal data and privacy and applicable regulations on advertising, marketing and commercial communications.
12. Duration and resolution
This Operating Agreement is effective as of the acceptance of your application for participation in the Program and terminates upon resolution by you or us. We and You may terminate this Agreement at any time, with or without reason, by notifying the other party of the termination with at least 7 days' notice.
We may also terminate this Operating Agreement with immediate effect and at any time by notifying you in writing of the Cause. "Cause" means any of the following: (a) You are in violation of this Operating Agreement or in slight violation of this Operating Agreement but do not remedy the violation within 7 days; (b) we believe we may incur any claims for compensation or liability in connection with your participation in the Program; (c) we believe that our trademark and reputation may be compromised by you or in connection with your participation in the Program; (d) we believe we are or may be subject to tax collection in connection with this Operating Agreement or the activities of any of the counterparties to this Operating Agreement; or (e) we have previously terminated this Operating Agreement in relation to you or other parties we have identified as affiliated with you or agents in concert with you for any reason or (f) we have terminated the Program as generally made available to participants. For the avoidance of doubt and without limitation for the purposes of the previous subsection (a), any violation of Sections 3, 4, 5, 10 or 13 or of Section 1 of the License shall be considered as a serious violation of this Operating Agreement.
In the event of termination of this Operating Agreement, (a) we may withhold accrued and unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (eg to account for any cancellation or return) and (b) all licenses for which benefits, which relate to the Content, will cease automatically and you must immediately stop using the Contents and Trademarks and immediately remove from the site and delete or otherwise destroy all links to our site, all trademarks, all other Contents, and any other material provided or made available by or on our behalf, pursuant to this Operating Agreement or otherwise in connection with the Program. Furthermore, upon termination of this Operating Agreement for just cause, we may permanently retain the accrued and unpaid advertising fees that remain due under this Operating Agreement at the time of termination without prior notification and without prejudice to any right to recover damages that exceed this amount. In the event of termination of this Operating Agreement, all the licenses, rights and obligations of the parties will be extinguished, with the exception of the rights and obligations of the parties pursuant to Sections 5, 9, 10, 13, 14, 16, 17, 18, 19, and 20 and Sections 1 (third paragraph) and 3 of the License, which will remain in force even after the termination of this Operating Agreement. Pursuant to the provisions of this Section, the termination of this Operating Agreement will not affect the rights accrued, the means of protection, the obligations or the responsibilities of the parties existing in the resolution.
We may change any of the terms and conditions contained in this Operating Agreement at any time and from time to time, at our sole discretion, at least 7 days prior to the effective date of the change, publication of a notice of variation or review of the agreement on our site or by sending a notice to the email address associated at that time with your Program account. Changes may include, for example, changes to the Rates of the Affiliate Program's Advertising Commissions, payment procedures, and Program requirements. You can, during this period of 7 days, exercising your only right of withdrawal, notify us in writing your objections to the changes and, in this case, your account will terminate automatically on the date of entry into force of the changes to which you have opposed.
IF ANY VARIATION IS UNACCEPTABLE FOR YOU, YOUR ONLY RIGHT OF WITHDRAW IS TO CANCEL THIS OPERATIONAL AGREEMENT BY WRITTEN. THE PROSECUTION OF YOUR PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF THE AMENDMENT, CONSTITUTES A BINDING ACCEPTANCE OF THE AMENDMENT.
14. Relations between the Parties
You and we are independent contractors, and nothing contained in this Operating Agreement or any Operating Documentation will create any partnership, joint venture, agency, franchise, commercial representation, or employment relationship between you and us or our respective companies affiliates. You are not authorized to make or accept offers or representations on our behalf or from our affiliated companies. You agree not to make any statement, on your site or elsewhere, that contradicts or may contradict the contents of this section. If you authorize, assist, encourage or facilitate another person or entity to take action relating to the subject matter of this Operating Agreement, it will be considered as if you yourself have taken such action.
15. Limitation of liability
WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF PROFITS, PROFITS, STARTING OR EXERCISE, OR DATA) IN RELATION TO THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE our site, OR THE SERVICES OFFERS (DEFINED BELOW), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR TOTAL RESPONSIBILITY ARISING FROM THIS OPERATING AGREEMENT, FROM THE PROGRAM, FROM OUR SITE, AND FROM OFFERS OF SERVICES WILL NOT EXCEED THE TOTAL ADVERTISING COMMITTEES PAID OR EXEMPTING PURSUANT TO THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PREVIOUS THE DATE IN WHICH IT IS HAPPENED THE FACT THAT HAS DETERMINED THE MOST RECENT LIABILITY REPORT.
NO CONTENT OF THIS OPERATING AGREEMENT (INCLUDING THE PREVIOUS PARAGRAPH) WILL HAVE THE EFFECT OF EXCLUDING: (I) LIABILITY FOR PERSONAL INJURY OR DEATH FROM THE NEGLIGENCE OF ONE OF THE TWO PARTIES, ITS EMPLOYEES, AGENTS OR EMPLOYEES, (II) CONTRACTUAL LIABILITY OF ANY OF THE TWO PARTS FOR SERIOUS NEGLIGENCE OR INTENTIONAL DEFAULT, OR (III) ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED IN ACCORDANCE WITH THE LAW IN FORCE.
THE PROGRAM, OUR WEBSITE, ANY PRODUCT OR SERVICE OFFERED ON OUR WEBSITE, ANY SPECIAL LINK, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, DOMAIN NAMES, OUR BRANDS AND TRADEMARKS OF OUR AFFILIATES, NAMES OF DOMAIN AND BRANDS, AND ANY TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXTS AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR FOR OUR OWN ACCOUNT OR OF OUR AFFILIATES OR LICENSORS IN RELATION TO THE PROGRAM (COLLECTIVELY NAMED " SERVICES OFFERS ") ARE PROVIDED" AS IS ". NEITHER NO OR NONE OF OUR AFFILIATED COMPANIES OR LICENSORS RELEASE ANY STATEMENT OR WE ASSUME ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, LEGAL OR ANY OTHER NATURE WITH REGARD TO SERVICES. EXCEPTION FOR CASES PROVIDED BY THE LAW IN FORCE, OUR AND OUR AFFILIATES AND LICENSORS DECLINED ANY WARRANTY WITH RESPECT TO SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES, AND USE WITHOUT PROBLEMS, AND ANY WARRANTY ARISING FROM ANY OPERATION, PERFORMANCE OR COMMERCIAL CONSEQUENCE. WE HAVE FACULTY TO INTERRUPT ANY OFFER OF THE SERVICE, OR TO VARY THE NATURE, THE CHARACTERISTICS, THE FUNCTIONS, THE SCOPE OR THE FUNCTIONING OF ANY OFFER OF THE SERVICE, AT ANY TIME AND ONCE. NEITHER NO OUR OWN AFFILIATED COMPANIES OR LICENSORS GUARANTEE THAT THE OFFERS OF THE SERVICES WILL CONTINUE TO BE SUPPLIED, WILL WORK AS DESCRIBED, COHERENTLY OR IN ANY PARTICULAR WAY, OR THAT THERE WILL BE NO INTERRUPTIONS, THAT WILL BE ACCURATE, ERROR-FREE, OR WITHOUT COMPONENTS DANGEROUS. NEITHER NO OUR OUR AFFILIATES OR LICENSORS SHALL BE RESPONSIBLE FOR (A) ANY ERRORS, IMPRECISION, OR INTERRUPTION OF THE SERVICE, INCLUDING CURRENT INTERRUPTIONS OR SYSTEM ERRORS; OR (B) ANY UNAUTHORIZED ACCESS OR ALTERATION, CANCELLATION, DISTRIBUTION, DAMAGE, OR LOSS OF YOUR SITE OR ANY DATA, IMAGE, TEXT, OR OTHER INFORMATION OR CONTENT. NO INFORMATION OR ADVICE THAT YOU GET FROM US OR ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, OUR WEBSITE, OR THE PAGES OF THE AFFILIATES PROGRAM OF OUR WEBSITE WILL CONSTITUTE A WARRANTY THAT IS NOT DECLARED EXPRESSLY IN THIS OPERATIONAL AGREEMENT. IN ADDITION, NEITHER OR NONE OF OUR AFFILIATED COMPANIES OR LICENSORS WILL BE RESPONSIBLE FOR ANY REIMBURSEMENT, LIABILITY, OR DAMAGES ARISING FROM (X) ANY LOSS OF PROFIT OR INTROITOUS, EXPECTED SALES, STARTING COSTS, OR OTHER BENEFITS, (Y) FROM ANY INVESTMENT, EXPENDITURE OR OBLIGATION BY YOU IN RELATION TO THIS OPERATING AGREEMENT OR FROM PARTICIPATION IN THE PROGRAM OR (Z) FROM ANY RESOLUTION OF THIS OPERATING AGREEMENT OR FROM YOUR PARTICIPATION IN THE PROGRAM.
The laws of the Czech Republic, without considering the principles of conflict between laws, govern the present Operating Agreement and any controversy of any kind that may arise between you and us. You hereby irrevocably accept the non-exclusive jurisdiction of the courts of the judicial district of the city of Prague. Unless otherwise stated in this Operating Agreement, we may require injunctive or other remedies in any state, federal, or national court having jurisdiction over any actual or alleged infringement of intellectual property or of our property rights or any other person or entity . You agree and agree that our rights to the Content are of a special, unique, extraordinary nature, conferring special value on them, the loss of which can not be easily estimated or adequately reimbursed in the context of monetary damages.
You acknowledge and agree that we and our affiliated companies may at any time (directly or indirectly) solicit customer reports, under conditions that may differ from those contained in this Operating Agreement or manage sites that are similar or in competition with your site . You may not assign this Operating Agreement to others by virtue of the law or otherwise, without our prior express written permission. We may transfer it to one of our affiliated companies or another entity that undertakes to comply with our terms and obligations herein. Without prejudice to this restriction, this Operating Agreement will be binding, will benefit, and will be enforceable against the parties and their successors and assignees.
Our inability to enforce your strict compliance with any provision of this Operating Agreement or Operational Documentation does not constitute a waiver of our right to enforce such provision or any other provision of this Operating Agreement thereafter. In the event of any inconsistency between this Operating Agreement and the Operational Documentation, the Excluded Products page and the EU Affiliate Program Trademark Guidelines will prevail over this Operating Agreement and this Operating Agreement will prevail over any other Operational Documentation. Whenever used in this Operating Agreement, the terms "includes (include)", "including (i)", "e.g." and "for example" means, respectively, "includes (include), without limitation", "including (i), without limitation", "for example, without limitation", and "for example, without limitation". Any decision or update on our part, any action that may be undertaken by us, and any approval that may be given by us under this Operating Agreement, may be undertaken, taken or given in our sole and unquestionable judgment.
All non-public information we provide in connection with the Operating Agreement is considered confidential information, and you will keep it strictly confidential and will not disclose it to third parties (other than your affiliates) nor will you use it for purposes other than your performance under Operating Agreement, the restriction of which will be in addition to the terms of any confidentiality agreement or non-disclosure agreement between the parties.