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Premium Partner Agreement
Last updated: June 17, 2020
“Partner”- The business, individual, or entity applying to or participating in the Premium Partner Program.
“The Website” – the website available at www.followise-co.com
“Commission Fees” – The amount you will pay us for Referred Customer that we refer to you and /or for any marketing activity performed at our website or by other means, in regard to Partner’s products and services, subject to the Commission Plan as decided by Us from time to time by our sole discretion and pursuant to the terms of this Agreement and provided to you in written by email. The email will contain description of the services performed by us, the commission fee and other specific terms as relevant to you.
“Referred Customer” – Each customer referred from us or our website to Partner.
Marketing activity- Any advertisement, promotions, offers, distributions of Partner’s goods and services by US at the website and/or in other form (i.e. marketing offers etc.).
Enrollment in the Premium Partners Program
To participate in the Partner’s Program, the Partner must:
Submit an application form on the Website.
Be over the age of 18.
We will evaluate your application in good faith and will notify you of your acceptance or rejection in a timely manner. We may reject your application if we determine (in our sole discretion) that your Website, advertisement, content, marketing activity is not suitable for the Program for any reason, including, but not limited to, its inclusion of content that is, in our opinion, unlawful or otherwise violates our Terms. If we reject your application, for any reason, you may not re-apply to the Program unless permit otherwise by Us.
Referring a customer and offers– If you qualify and agree to participate as a Partner, we shall assist You in collecting of Potential Leads by referring our Customers (as define at the TOU) to You and offering them certain privileges that will encourage them to purchase Your products and services as agreed with you.
Posting a referral ad – We are enabling our Partners to publish advertisement at our website regarding their goods and services which direct Our Customers to their website or other landing pages.
Referring a Customer, any marketing activity and/or publishing an advertisement can be performed using the Website or by any other means or methods as determine by Us from time to time by Our sole discretion or as agreed with you in written. You hereby understand and agree that using any methods is not guarantee that the customer will be referred, relevant, effective and/or will purchase or acquire any of Your Services or Goods and in no circumstances We will be liable or responsible for any of ineffective or unsuccessful Referred Customer and/or not purchasing or acquiring any Partner’s Goods or Services by a Referred Customer.
As a Partner we will make a variety of graphic and textual links available to you (each referred to herein as a “Link” or collectively, as the “Links”). The Links will serve to identify your advertisement, offers or other marketing activities and mark our Referred Customers at your website, landing page or emails. You agree to cooperate fully with us to establish and maintain such Links. You further agree that your use of the Links must be in compliance with this Agreement at all times. We may modify the Links from time to time in Our sole discretion. You will not use graphic or textual images (indicating a Link) or text messages that are not approved in advance or provided by Us.
All Partner’s Sites shall display the Links prominently in relevant sections of their website or digital spaces. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer’s knowledge (e.g. iframe).
Any information that is going to be displayed on the Website must be preapproved by Us in writing.
You hereby sole responsible to provide us the Content you want to be published. The Content must: be owned by, be licensed to, retained all rights to, You; not infringe any third-party intellectual property rights; not be abusive, infringe moral rights, be misrepresentation, be misleading, be not true, be accurate and lawful. We reserve the right, to not approve the Content from any reason that we believe, in good faith, is reasonable. We reserve the right to modify, not publish or cease from publishing the content. We will not be responsible and/or liable for any loss, damages, loss of profits, deduction etc. that may be cause in result of ceasing from publishing the ad or any marketing activity whether performed in act or in omission by us.
When using referral ad, you are solely responsible to provide the correct, available link and maintain its connectivity all the time. You are solely responsible to notify us with any unavailability or change of such link. We will be not responsible, and no claim should be made regarding wrong or unavailability of such link.
By referring you a Customer, We hereby declared: (1) We are authorized to collect and transfer to you the contact details; (2) We have the Potential Referred Customer consent or other legal basis for collecting and transferring that data to You according Our local and applicable law. You hereby declared that: You are authorized to receive such data; transfer these data to you is legally permitted according your local and applicable law and; that You use the transferred information only for the purpose it was transferred to You.
You hereby obligate to update us immediately, without any delay, with any Potential Referred Customer’s request to delete, update, restrict the use of or if Your legal basis as relevant to the transferred information is not in effect anymore to email@example.com.
You hereby understand that We may transfer Referred Customer’s information that may be object to privacy and data laws regulation. You are solely responsible to be compliant with all the international legislation and Regulations, Local Laws of Your residence. Specifically, with any Privacy laws & Regulations i.e. the General Data Protection Regulation (EU) 2016/679, the California Consumer Privacy Act 2018 etc. And any Marketing laws (i.e. Spams, Direct Marketing, Cookies statements etc.).
You shall not do any harm to Our business reputation or goodwill through the unsatisfactory Services provision to Referred Customer.
This agreement is not exclusive to You. We have the right to Referred Customer, offer and perform marketing activities to other Partners without any limitation. You undertake that you will not be entitled to claim against it.
You agree to fully indemnify, defend, and hold us harmless from all claims, demands, damages, awards, fines, costs, expenses and liability in any way associated with foregoing this section.
Commission Fee and Payment Terms
We shall be eligible for reward of Commission fee, which is percentage from total income charged by You to a Referred Customer or according any Commission Plan set by us or any other agreed terms in written. The Percentage, Commission Program and/or the agreed terms will be provided to you in written by email. The email will contain description of the services performed by us, the commission fee and other specific terms as relevant to you.
At the end of each month we will calculate the amount of the collected Commission fees of that month and initiate a report and invoice to You accordingly. You hereby agree and obligate to pay us the calculated Commission fee within 7 days from receiving the invoice, without any delay. By accepting the payment by us you will be entitled to receive a tax invoice.
If You do not agree with the calculations, or your records show that the calculated amount is less than what it should be calculated in fact, you shall notify us about it in writing no later than 3 business days after receiving the invoice. The notice should contain proof of such claims. With an absence of such proof, your claim will be dismissed. At any time, you will be obligated to pay us the actual aggregative calculated Commission fee. You hereby agree to solve this in good faith, to cooperate in establishing which Commission fee amount is truly due and which calculation is correct.
All payments under this Agreement shall be paid in such currency as indicated in this contract and the You undertakes and warrants that all payments shall be made in accordance to all laws, statutes or regulation, or any agreement to which it is a party or by which it is otherwise bound.
Agreement termination does not free You of remaining payment obligations.
For any payments stipulated above latency punitive payment at a monthly rate of 10% shall be applied.
Gross Fulfillment income statement, calculation and reporting
Subject to Our request and/or once a month, You shall be responsible for calculation of Gross Fulfillment Income Statement (hereinafter: “Statement”) that shall contain a detailed report of number and details of Referred Customer’s signed up via Our affiliation, type of the goods and services sold and the total income from these Referred Customers.
You shall provide Us with this report not later than until the 5th day of each follow month from the Invoice date.
If We has reasonable suspicions that You distorts, counterfeits, conceals any data in the Statement, We h will have the right to terminate this Agreement with immediate effect with remaining right to receive any payments due to be paid to Us.
Disclaimer of liability
We shall not guarantee the frequency, continuity as well as profitability of Referred Customer’s traffic and shall not be held liable for it as well. We make no expressed or implied representations as to the sales and income results of the Affiliation process. We make no guarantees either expressed or implied to the number of Referred Customer’s that can be provided to You or in what time can they be provided.
We shall not be liable for the subsequent relations between You and the Referred Customer.
. All the information will hereinafter be referred to as “Confidential Information”.
The above confidentiality obligation shall, however, not apply to any information which:
Is already in the public domain or becomes available to the public through no breach by a party to this Agreement.
Was rightfully in the receiving party’s possession without obligation of confidentiality prior to receipt from the disclosing party as proved by the written records of the receiving party.
Can be proved to have been rightfully received by the receiving party from a third party without obligation of confidentiality.
Is required to be disclosed by any law or regulation; provided that the disclosing party shall limit its disclosure to the information required to be disclosed and shall use reasonable efforts to provide the maximum possible notice to the other party prior to such disclosure and assist such party in seeking protection of the information to be disclosed.
The Confidential Information shall be treated by the receiving party with the same degree of care to avoid disclosure to any third party as is used with respect to the receiving party’s own information of like importance which is to be kept confidential. The receiving party shall use the disclosing party’s Confidential Information only for the implementation of this Agreement and will derive no rights of any kind.
The receiving party shall disclose Confidential Information only to those of its own employees and service providers, who have a reasonable need to know, said Confidential Information and who are bound to confidentiality by their employment or service agreements or otherwise.
Intellectual property rights
It is hereby clarified that You neither has nor will have the right to copy, to modify, to disassemble, to hack nor to duplicate any proprietary right, of any kind whatsoever, in any matter whatsoever that relates to Our intellectual property rights, directly or indirectly, including without limitation any modifications, enhancements or derivatives thereof and/or even extra developments.
You hereby grant US a non-transferable, non-exclusive, revocable license to use Your content solely for the purpose of fulfill this Agreement. We retain all right, title and interest in and to the content created or originated by Us or anyone acting on our behalf. This agreement shall not transfer to You any right, title or interest in any Our copyright, patent, trade secret, or other intellectual property or proprietary rights related thereto or associated therewith.
Partner’s content, logos and graphics, proprietary business and customers information and details, shall remain at all times, wholly and exclusively vested in Partner. Our content logos and graphics, proprietary business and customers information and details, shall remain at all times, wholly and exclusively vested in Us.
You must inform the Us immediately if it learns of the possibility that any of its Customers’ or any other third party makes use of the content or other intellectual property in a manner that breaches the Our rights according to this Agreement or any applicable law.
Term and Termination
Any Party to this Agreement may terminate this Agreement for the purpose of convenience subject to thirty (30) days prior written notice submitted to the other Party.
Termination of this Agreement shall not affect any legal rights or obligations of either Party which may have arisen under this Agreement prior to or at the date of termination or any obligation which by its nature will survive the termination of this Agreement.
We may terminate this Agreement with immediate effect after notifying You when: You breach this agreement and not cured the breach within 5 days from our notice to you; You fail to pay us the Commission fee; You become a subject to bankruptcy, solvency or liquidation legal processes; We find that your goods or services, advertisement or content, or your relationship with a Referred Customer infringe third party intellectual Property rights, unlawful, abusive or not moral.
Payments after this Agreement’s termination shall be executed with accordance to point 5 of this Agreement.
LIMITATION OF LIABILITY
IN NO EVENT SHALL We, Our OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT DEROGATING FROM THE ABOVEMENTIONED Our AGGREGATE LIABILITY SHALL NOT EXCEED 10000 EUR.
We shall not assume any liability towards You or a Referred Customer to you, and You shall indemnify Us for any damaged or expense caused to Us by anyone on your behalf, due to Referred Customer claims or demands.
Due to the inherent risk related to communications by electronic means that are caused due to reasons outside Our control, We shall have no responsibility for any such reasons, delays or failure in the transmission of payment orders or information.
Force majeure – We shall not bear responsibility to any harm or any form which shall be caused to You in the event that such harm is the result of a force majeure and any outside event which is not in the control of Us. We shall not bear any responsibility for any delay in communications and/or failure in the internet, including, without limitation, computer crashes or any other technical failure.
WAIVER OF RESPONSIBILITY
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. We EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DISPUTE RESOLUTION AND GOVERNING LAW
The Parties hereby agree that any disputes shall be settled through negotiations. In case if such disputes cannot be settled extra judicially, all claims shall be subject to the court procedure – jurisdiction and governing law of Cyprus.
This Agreement constitutes the full and entire understanding and agreement between the Parties with regard to the subject matter hereof and supersedes all prior agreements between the Parties hereof with regard to such subject matter.
Failure by Us to this Agreement to enforce any term of this Agreement shall not be deemed a waiver of future enforcement of that or any other term of this Agreement.
No rights and/or obligations of You under this Agreement shall be assignable. We may assign all or part of Our obligations under the Agreement to sub-contractors, success or purchaser.
The Parties’ relationship to each other in all matters relating to the performance of this Agreement is that of independent entities. Nothing contained herein will place the parties in the relationship of partners, participants in a joint venture, contractor-subcontractor, or employer-employee and, except as set forth herein, neither party will have any right to obligate or bind the other in any manner whatsoever nor represent to a third party that it has any right to enter in to any binding obligation on the other’s behalf.
Changes to this Agreement
This Agreement may be revised from time to time and may be changed, modified or amended at our sole discretion. Please review this Agreement periodically for changes. If you do not agree to this Agreement or any revisions, please Notify us immediately and stop using the services.