Our affiliates are very important to us. We do our best to deal with the impartiality and respect you deserve. We simply ask for the same consideration from you. The next agreement has been written keeping you in mind, as well as to protect the image of our company. So we ask for your patience with us as we guide you through this legal formality.
If you have a question, do not hesitate to let us know. We firmly believe in direct and honest communication. For the fastest results, send us an email to email@example.com. You can also contact the telephone number: 1-786-534-9555 | 305-717-8160
PLEASE READ THE COMPLETE AGREEMENT.
YOU CAN PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN USED AND AZAI RD, S.R.L.
BY JOINING US, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH TERM AND CONDITIONS.
1. General Information
This agreement contains the complete terms and conditions that apply to your membership in the Azai.com Affiliate Program. The purpose of this agreement is to allow the linking of discount codes by Azai.com so that you can share it with third parties, as well as the HTML link (Banners) between your website and the Azai.com website if you own. Please note that throughout this agreement, "we", "us" and "our" refers to Azai.com, "you", "your" and "yours" were pointed out to the affiliate.
2. Obligations of members
2.1. To begin the registration process, create an account on Azai.com and submit the application online from the account created in your "Affiliates" profile area. Applications are not approved automatically, so we must wait for our direct approval. We can reject your request at our sole discretion.
We may cancel your request if we determine that your profile or website is not appropriate for our Program, even if:
2.1.1. Promote sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any material that infringes or helps others to infringe any copyright, trademark or other intellectual property rights or violate the law
2.1.6. Includes "Merchant" or variations or misspellings of them in your domain name
2.1.7. Otherwise, it is not in any way illegal, harmful, threatening, defamatory, obscene, harassing, racial, ethnic or otherwise objectionable to us in our sole discretion.
2.1.8. It contains software downloads that potentially allow commission referrals from other affiliates in our program.
2.1.9. You can not create or design your website or any other website that operates, explicitly or implicitly in a manner similar to our website or design your website in such a way that customers believe that you are Azai.com or any other affiliate business.
2.2. As a member of the Azai.com Affiliate Program, you will have access to the Affiliate Account Manager. Here you can review the details of our Program and the affiliate newsletters previously published, download the HTML code (which provides links to web pages within the Azai.com website) and banner creatives, browse and obtain tracking codes for our coupons and offers. In order to accurately track all guest visits from your site to ours, you must use the HTML code we provide for each banner, text link or other affiliate link that we provide.
2.3. Azai.com reserves the right, at any time, to review your location and approve the use of your links and require you to change the location or use it to comply with the guidelines provided.
2.4. The maintenance and updating of your site will be your responsibility.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use the copyrighted material of any person, be it a writing, an image or any other work that can be protected by copyright. We will not be responsible (and you will be solely responsible) if you use the copyrighted material of another person or other intellectual property in violation of the law or the rights of third parties.
3. Rights and obligations of Azai.com
3.1. We have the right to analyze your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we believe should be made, or to make sure that your links to our website are appropriate and to notify you of any changes that we believe should be made. If you do not make the changes to your site that we consider necessary, we reserve the right to cancel your participation in the Azai.com Affiliate Program.
3.2. Azai.com reserves the right to terminate this Agreement and your participation in the Azai.com Affiliate Program immediately and without notice in the event that you commit fraud in your use of the Azai.com Affiliate Program or if you abuse this program in some way. If such fraud or abuse is detected, Azai.com will not be liable to you for any commission for such fraudulent sales.
3.3. This Agreement will begin once we accept your Affiliate request, and will continue unless terminated by virtue of this.
Or, you or we may terminate this Agreement AT ANY TIME, with or without cause, by notifying the other party in writing. The written notice may be in the form of mail, email or fax. In addition, this Agreement will terminate immediately after you violate this Agreement.
We may modify any of the terms and conditions in this Agreement at any time in our sole discretion. In this case, you will be notified by email. Modifications may include, but are not limited to, changes in payment procedures and the rules of the Azai.com Affiliate Program. If any modification is unacceptable to you, your only option is to finalize this Agreement. Your continued participation in the Azai.com Affiliate Program after the publication of the change notice or the new Agreement on our site will indicate your acceptance of the changes.
Azai.com uses a third party to handle all the tracking and payment. The third is the affiliate network of ShareASale.com. Kindly check the terms and conditions of payment of the network.
7. Access to the affiliated account interface
You will create a password so that you can access the ShareASale secure affiliate account interface. From your site, you can receive your reports that will describe our calculation of the commissions we owe you.
8. Promotion restrictions
8.1. You are free to promote your own websites, but, of course, any promotion that Azai.com mentions may be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Azai.com. For example, advertising commonly known as "spamming" is unacceptable to us and could damage our name. Other forms of advertising generally prohibited include the use of unsolicited commercial e-mail (UCE), publications in non-commercial newsgroups, and cross-publication in multiple newsgroups at the same time. In addition, you can not advertise in any way that effectively hide or misrepresent your identity, your domain name or your return email address. You can use customer emails to promote Azai.com as long as the recipient is either a customer or subscriber of your services or website, and the recipients have the option to withdraw from future emails. In addition, you can post in newsgroups to promote Azai.com as long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your websites as independent of Azai.com. If we consider that you are sending spam, we will consider the cause of the immediate termination of this Agreement and your participation in the Azai.com Affiliate Program. Outstanding balances owed to you will not be paid if your account ends due to such unacceptable advertising or request.
8.2. Affiliates that, among other keywords, bid exclusively on their pay-per-click campaigns on keywords such as Azai.com, merchant, www.merchant, www.Azai.com, and / or any spelling errors or similar alterations of these, either separately or in combination with other keywords, and do not direct the traffic of those campaigns to your own website before redirecting it to ours, will be considered trademark infringers and will be prohibited in the Merchant's Affiliate Program. We will do everything possible to contact the affiliate before the ban. However, we reserve the right to expel any trademark infringer from our affiliate program without prior notice, and at the first appearance of such PPC offer behavior.
8.3. Affiliates are not prohibited from entering potential client information in the main form as long as the information of potential clients is real and true, and that these are valid candidates (ie, that they are sincerely interested in the Merchant's service). ).
8.4. Affiliate shall not transmit any so-called "interstitials," "Parasiteware ™," "Parasitic Marketing," "Shopping Assistance Application," "Toolbar Installations and / or Add-ons," "Shopping Wallets" or "deceptive pop-ups and / or pop-unders "to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Merchant's site (i.e., no page from our site or any Azai.com's content or branding is visible on the end-user's screen). As used herein a. "Parasiteware ™" and "Parasitic Marketing" shall mean that application (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, so causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or directory engines); (c) set commission tracking cookies through loading of Merchant site in IFrames, hidden links and automatic pop ups that open Azai.com's site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
9. Grant of Licenses
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links only in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the "Licensed Materials") that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Azai.com's Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Azai.com and the good will associated therewith will inure to the sole benefit of Azai.com.
9.2. Each party agrees not to use the other's proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the property covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and not right, title, or interest is transferred to the other.
AZAI.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING AZAI.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF AZAI.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE RELIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
11. Representations and Warranties
You represent and warrant that:
11.1. This Agreement has been duly and validly executed and delivered by you and your legal, valid, and binding obligation, enforceable against you in accordance with its terms;
11.2. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your rights under this Agreement, without the consent or consent of any other party;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. Limitations of Liability
WE WILL NOT BE RELIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL AZAI.COM'S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
You hereby agree to indemnify and hold harmless Azai.com, its subsidiaries and affiliates, and its directors, officers, employees, agents, shareholders, partners, members and other owners, against any claim, action, claim, liability, loss, damages, judgments, liquidations, costs and expenses (including reasonable attorneys' fees) (all or part of the foregoing, hereinafter referred to as "Losses") to the extent that such Losses (or actions with respect to them) arise or is based on (i) any claim that our use of the affiliated trademarks infringes any trademark, trade name, service mark, copyright, license, intellectual property or other proprietary right of a third party, (ii) any misrepresentation of a representation or warranty or breach of an agreement and agreement made by you herein, or (iii) any claim related to your site, including, among other s, content not included in it.
All confidential information, including, among others, any commercial, technical, financial and customer information, disclosed by one party to the other during the negotiation or the effective term of this Agreement that is marked as "Confidential," will remain the exclusive property of the disclosing party, and each of the parties shall maintain confidentiality and shall not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
15.1. You agree that you are an independent contractor, and that nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Azai.com. You will not have the authority to make or accept offers or representations on our behalf. It will not make any statement, either on your site or on any other site or otherwise, that reasonably contradicts anything in this section.
15.2. Neither party may assign its rights or obligations under this Agreement to any of the parties, except to a party that obtains all or all of the business or assets of a third party.
15.3. This Agreement shall be governed by and construed in accordance with the laws of the State of New York without regard to conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless it is in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you, and will supersede all prior agreements and communications of the parties, orally or in writing.
15.6. The titles and titles contained in this Agreement are included only for convenience and will not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary for the intention of the parties to be effected, and the remainder of this agreement shall have full effect and effect.