You acknowledge that our tracking is conclusive and that our books and records are believed to be correct.
Payment
According to our special program, we will pay you. The only time your commission is determined is after payment.
We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission – this is only a notification, and every payment will be verified based on real transactions.
Accrued referral fees are paid once per month and only when your accrued referral fees predetermined level that we establish and publish on our website. Payment can be made through PayPal, Visa or another method suitable for both parties.
Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
The amounts indicated on your account are not considered debt until the payment is made, and they are not due until you reach that amount.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this agreement and shall be the responsibility of, and payable by you.
In case we refund a qualified lead, we reserve the right to deduct the commission from subsequent payments made to you or to ask you to repay such fees. You also consent to us having the right to deduct any amounts you may owe us from any future payments.
Bad Practices
The following are “bad practices” that are banned and will result in the termination of your participation in this program and forfeiture of all amounts you are entitled to, without restricting our Trademark Guidelines.
Please be aware that we have the right to revoke your participation and withdraw all rewards if we ever have reason to suspect that you acted dishonestly or illegally.
The following are viewed as bad behavior: (i) employing dishonest methods, pressuring visitors to click banners, or utilizing any automated traffic-generating techniques; (ii) claiming affiliation with the Company; (iii) violating the Trademark Guidelines by displaying banners that are not authorized or by include the Company brand in your domain name, website name, banners, or any other form of paid advertising; (iv) utilizing domain names with the term “DTUSoft” or names that are similar in sound, appearance, or typing that suggest any connection to the Company brand; (v) spamming; (vi) purchasing traffic; (vii) utilizing paid search or keyword advertising to promote your website using our intellectual property rights or brand name; (ix) providing coupons or discounts without our consent; (x) offering others a share of your commission; (xi) including your unique affiliate link in themes, templates of any WordPress software; (vii) making any changes to the Company’s plugin; or including the tags, pixels, and codes in items not related to the Company; (xii) Falsely saying that there is a discount, rebate, cash-back, or other reduced payment for the services when there isn’t by using words like “deal,” “sale,” or “discount.”
All websites that you use to advertise the Company must have a clear privacy statement that complies with applicable privacy protection laws. They must also prominently display a notice about the data collection we do using tags, pixels, and code.
This is not a comprehensive list, and we reserve the right to block any behavior we deem unacceptable and to suspend or delete your account as a result. Infringing on intellectual property rights, violating users’ privacy, or other use of any advertising in violation of local laws and regulations are all examples of bad practices.
Headings for Convenience Only
The headings used in this agreement are merely there for your convenience or as a quick reference and in no way alter, magnify, limit, or otherwise affect how you should read or understand any of its provisions. Sections of this agreement are referred to when they are mentioned. Any reference in this agreement to a statute, rule, or regulation provision shall include any successor statute, rule, or regulation provision. Executive acknowledges and agrees that they have read and understand this agreement, that they have had a chance to consult with legal counsel on its terms, and that they are in agreement with all of its provisions.
Limitations of Liability
The Company and any of the Company’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit the Company’s liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to one hundred (100€) euros. This section covers all claims could be made by you.
Severability
The parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or similar results if any term, provision, covenant, or restriction of this agreement is found by a court of competent jurisdiction to be invalid, illegal, void, or unenforceable. The remaining terms, provisions, covenants, and restrictions set forth herein shall remain in full force and effect and shall not be affected, impaired, or invalidated. It is therefore agreed and declared that the parties’ intention was for them to sign the following terms, conditions, covenants, and restrictions without including any that may be subsequently announced.
No Waiver
No failure or delay on the part of any party hereto in exercising any of its respective rights, powers, remedies, or privileges under this agreement or provided at Law, in equity, or otherwise shall impair, prejudice, or constitute a waiver of any such right, power, remedy, or privilege, or be construed as a waiver of any breach hereof or default hereunder or as an acquiescence therein, nor shall any single or partial exercise of any such right, power, remedy, or privilege. Except as otherwise required by this agreement, no notice to or demand on any party hereto shall confer any right upon such party to receive any other or further notice or demand in the same or different circumstances, or constitute a waiver of the right of such party to take any other or additional action in the same or different circumstances without notice or demand.
English Language
The affiliate of the Program acknowledges and agrees that it is the participant’s express intent that this agreement, and all other documents, notices, and legal proceedings entered into, given, will be drawn up in English if the affiliate resides in a country where English is not an official language. The English version will take precedence if the participant has received a translated copy of this agreement, or any other documentation relating to the Company in a language other than English and the meaning of the translated version differs from the English version.
Confidentiality
Your commission is private, but the fact that we paid you is not, because of the confidentiality of our partnership. If necessary, by legislation, you should add a clear disclaimer stating that clicking on our banner results to a commission for you; nevertheless, you shouldn’t disclose your precise commission to others.
All information about a party’s business and operations, including without limitation the investment activities, that a party discloses to the others is to be treated as confidential, the parties to this agreement agree. Except as may be necessary in carrying out the Terms, all confidential information provided by a party hereto shall be used by any other party hereto solely for the purposes of rendering services pursuant to this agreement and shall not be disclosed to any third party without the prior consent of such providing party.
Any information that is made publicly available at the time it is provided, becomes publicly available later without violating this section or is required to be disclosed by a regulatory authority in the lawful and appropriate exercise of its jurisdiction over a party, a party’s auditor, by judicial or administrative process, or in any other way by applicable law or regulation, shall not be subject to the aforementioned restrictions.