Appreciate Your Patience!
The terms “we”, “our” and "us" throughout the website refer to AFFILIAZEN. We offer you this website with all the information, tools and services available on it provided that you, as a Merchant, accept all the terms, conditions, information and notices contained herein.
By visiting our website, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms and Conditions of Service”, “Terms”), which include the terms, conditions and the additional information cited in this document and/or available via hyperlink. These Terms and Conditions of Service apply to all users of the website, including without limitation visitors, Merchants, customers, affiliates and/or posters of comments and other content.
Please read these Terms and Conditions of Service carefully before accessing or using our website. By accessing or using any portion of the website, you agree to be bound by these Terms and Conditions of Service. If you do not accept the terms and conditions of this agreement in full, you may not access the website or use its services. If these Terms and Conditions of Service are considered an offer/Agreement, acceptance is expressly limited to the Terms themselves.
Any new features and tools which are added to the current website shall also be subject to the Terms and Conditions of Service. You can review the most current version of the Terms and Conditions of Service at any time on this page. We reserve the right to update, change or replace any part of the Terms and Conditions of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
AFFILIAZEN will provide to Merchants the following services (collectively, the "Services"): Super connection, online advertising and promotion activities (marketing) to support the sale of merchants' products and services.
Merchants agree to pay AFFILIAZEN as follows: Between 10% and 60% fixed from the value of the sale of products and services. The percentage will be agreed between the parties in advance for each product and service sold.
In addition to any other right or remedy provided by law, if Merchants fail to pay for the Services when due, AFFILIAZEN has the option to treat such failure to pay as a material breach of these terms and conditions, and may cancel these terms and conditions and/or seek legal remedies.
Merchants may withdraw their earnings made from their sales of products and/or services after they have exceeded the 14 days available for the customer to request a return or refund. The only exception applies to sales services for event tickets where earnings will be available to Merchants after 1 day the event has taken place and concluded.
AFFILIAZEN shall provide its Services and meet its obligations under these terms and conditions in a timely and workmanlike manner, using knowledge and recommendations for performing the services which meet generally acceptable standards in AFFILIAZEN's community and region, and will provide a standard of care equal to, or superior to, care used by service providers similar to AFFILIAZEN on similar projects.
These terms and conditions may be terminated by either party upon 30 days prior written notice to the other party.
During the terms and conditions of this Agreement, the merchants agrees not to contact, initiate contact, or attempt to do business with, at any time for any purpose, either directly or indirectly, any officers, directors, shareholders, consultants, attorneys, employees, agents, business partners, clients or affiliates connected to AFFILIAZEN, or otherwise referred by AFFILIAZEN to the Merchants for the purpose of circumventing, the result of which shall be to prevent AFFILIAZEN from realizing a profit, fees, or otherwise, without the specific written approval of our part; such approval will be specifically granted in written form by us on a case-by-case basis. If such circumvention shall occur, we shall be entitled to any commissions due pursuant to this Agreement or relating to such transaction.
The obligations of non-circumvention shall survive 10 years. Either party may terminate this Agreement at any time upon written notice to the other party. Termination shall not affect confidentiality obligations with respect to any confidential information or business contacts which were obtained prior to the effective date of termination.
In case of breach of this Agreement, the Merchants will pay a monetary penalty that is equal to the commission or fee we should have realized in such transaction. The fee or commission agreement may vary surrounding each business transaction that takes place due to this agreement.
Any copyrightable works, ideas, discoveries, inventions, patents, products, or other information (collectively the "Work Product") developed in whole or in part by AFFILIAZEN in connection with the Services will be the exclusive property of Merchants. Upon request, AFFILIAZEN will execute all documents necessary to confirm or perfect the exclusive ownership of Merchants to the Work Product.
The occurrence of any of the following shall constitute a material default under these terms and conditions:
a. The failure to make a required payment when due.
b. The insolvency or bankruptcy of either party.
c. The subjection of any of either party's property to any levy, seizure, general assignment for the benefit of creditors, application or sale for or by any creditor or government agency.
d. The failure to make available or deliver the Services in the time and manner provided for in these terms and conditions.
In addition to any and all other rights a party may have available according to law, if a party defaults by failing to substantially perform any provision, term or condition of these terms and conditions (including without limitation the failure to make a monetary payment when due), the other party may terminate the terms and conditions by providing written notice to the defaulting party. This notice shall describe with sufficient detail the nature of the default. The party receiving such notice shall have 30 days from the effective date of such notice to cure the default(s). Unless waived by a party providing notice, the failure to cure the default(s) within such time period shall result in the automatic termination of these terms and conditions.
If performance of these terms and conditions or any obligation under these terms and conditions is prevented, restricted, or interfered with by causes beyond either party's reasonable control ("Force Majeure"), and if the party unable to carry out its obligations gives the other party prompt written notice of such event, then the obligations of the party invoking this provision shall be suspended to the extent necessary by such event. The term Force Majeure shall include, without limitation, acts of God, plague, epidemic, pandemic, outbreaks of infectious disease or any other public health crisis, including quarantine or other employee restrictions, fire, explosion, vandalism, storm or other similar occurrence, orders or acts of military or civil authority, or by national emergencies, insurrections, riots, or wars, or strikes, lock-outs, work stoppages, or other labor disputes, or supplier failures. The excused party shall use reasonable efforts under the circumstances to avoid or remove such causes of non-performance and shall proceed to perform with reasonable dispatch whenever such causes are removed or ceased. An act or omission shall be deemed within the reasonable control of a party if committed, omitted, or caused by such party, or its employees, officers, agents, or affiliates.
The parties will attempt to resolve any dispute arising out of or relating to these terms and conditions through friendly negotiations amongst the parties. If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure.
Any controversies or disputes arising out of or relating to these terms and conditions will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues will be submitted to final and binding arbitration. The arbitrator's award will be final, and judgment may be entered upon it by any court having proper jurisdiction.
AFFILIAZEN, and its employees, agents, or representatives will not at any time or in any manner, either directly or indirectly, use for the personal benefit of AFFILIAZEN, or divulge, disclose, or communicate in any manner, any information that is proprietary to Merchants. AFFILIAZEN and its employees, agents, and representatives will protect such information and treat it as strictly confidential. This provision will continue to be effective after the termination of these terms and conditions.
Upon termination of these terms and conditions, AFFILIAZEN will return to Merchants all records, notes, documentation and other items that were used, created, or controlled by AFFILIAZEN during the term of these terms and conditions.
We and the Merchants will keep confidential the names and other personal information of any contracts introduced or disclosed to the other party, and that their corporations, partnerships, divisions, associates, firm, employees, contractors, agents, joint ventures, assigns, consultants, affiliates or designed will not contact, participate or negotiate in any transactions with any of the contacts without first signing a written agreement with the party who provided such contact, unless that party gives prior written consent
If it appears that the Merchants have disclosed (or have threatened to disclose) confidential information in violation of this Agreement, we shall be entitled to obtain an injunction to restrain the Merchants from disclosing the confidential information in whole or in part. We shall not be prohibited by this provision from pursuing other remedies, including a claim for losses and damages.
The Merchants acknowledge and agree that the confidential information is provided on an "AS IS" basis. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE PERFORMANCE OR USE OF ANY PORTION OF THE CONFIDENTIAL INFORMATION. We do not represent or warrant that any product or business plans disclosed to the Merchants will be marketed or carried out as disclosed, or at all. Any actions taken by the Merchants in response to the disclosure of the confidential information shall be solely at the risk of the Merchants.
We and the Merchants both agree that the provisions of this Agreement extend to the employees, officers, and representatives of their respective companies/businesses.
Any notice or communication required or permitted under these terms and conditions shall be sufficiently given if delivered in person or by certified mail, return receipt requested, to the addresses listed above or to such other address as one party may have furnished to the other in writing. The notice shall be deemed received when delivered or signed for, or on the third day after mailing if not signed for.
Neither party may assign or transfer these terms and conditions without prior written consent of the other party, which consent shall not be unreasonably withheld.
These terms and conditions contains the entire agreement of the parties regarding the subject matter of these terms and conditions, and there are no other promises or conditions in any other agreement whether oral or written. These terms and conditions supersedes any prior written or oral agreements between the parties.
These terms and conditions may be modified or amended if the amendment is made in writing and both parties will be notified.
If any provision of these terms and conditions shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of these terms and conditions is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
The failure of either party to enforce any provision of these terms and conditions shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of these terms and conditions.
These terms and conditions shall be governed by the laws of the State of Portugal.
Appreciate Your Patience!