PRIVATE AGREEMENT FOR ADMISSION TO THE AFFILIATE PROGRAM:
Eelite Equestrian, Lda, headquartered at Mata do Duque 1, Lote 2A Vale do Pau Queimado 2130-124 Benavente, Portugal, hereinafter simply referred to as EELITE EQUESTRIAN and, on the other, the AFFILIATE, Individual or Legal Entity, hereinafter referred to as simply AFFILIATE.
- Eelite Equestrian owns an Internet domain located at www.eelite-equestrian.com, on which various products in different categories are marketed;
- The AFFILIATE owns a domain on the Internet (the “Affiliate Panel”);
III. The AFFILIATE wishes to make available, in its own panel, links to the EELITE EQUESTRIAN site and, therefore, to participate in the Affiliate Program, whose content has been previously submitted for its analysis and approval;
The above-identified and qualified parties resolve to sign this agreement, which will be governed by the following clauses and conditions:
- PURPOSE OF THE PROGRAM
- 1.1. The purpose of the program is to place links on the AFFILIATE’s website to the EELITE EQUESTRIAN website, thus providing the AFFILIATE with the commission for sales actually made through the link, observing the Partnership Policies in force at EELITE EQUESTRIAN, of which the AFFILIATE has full knowledge.
- REGISTRATION IN THE PROGRAM:
- 2.1. The AFFILIATE declares that it has read and agrees to all terms and conditions set forth in this agreement.
- 2.2. To participate in the Program, the AFFILIATE must correctly fill in the information requested in the Registration form on the EELITE EQUESTRIAN website.
- 2.3. After registration, EELITE EQUESTRIAN will verify the URL registered by the AFFILIATE.
- 2.3.1. EELITE EQUESTRIAN reserves the right not to approve the AFFILIATE’s registration or exclude it from the program in the event of the disclosure of any material, image or content in disagreement with its Partnership Policies.
- 188.8.131.52. Sites under construction or with incomplete pages will not be approved and the registration will be cancelled, so the AFFILIATE must re-register in the Program when the site is complete and online.
- 2.3.2. If the AFFILIATE is approved by EELITE EQUESTRIAN, the latter will send the AFFILIATE an email with the link to the affiliate area that will allow the AFFILIATE to access and use the materials and information available in the affiliate panel (image bank, products for affiliates, sales and registration), subject to the Partnership Policies established for the Program.
- 2.3.3 The use of EELITE EQUESTRIAN materials by the AFFILIATE must be in strict accordance with the Policies of the EELITE EQUESTRIAN Site, which the AFFILIATE declares to be aware of.
- 2.4. The AFFILIATE is responsible for permanently updating its registration data in the EELITE EQUESTRIAN Affiliate Program, subject to changing the URL registered in the Program, which cannot be changed.
- ACCESS, PRODUCT SALES:
- 3.1. Access by users of the AFFILIATE’s website to the EELITE EQUESTRIAN website will not result in any consideration between the parties, unless this access results in the conclusion of a purchase and sale operation, when then, the AFFILIATE will be entitled to the commission in the percentages and conditions set forth herein.
- 3.2. All sales made by consumers from the AFFILIATE website will be processed exclusively by EELITE EQUESTRIAN, which is responsible for the registration of the sale, for the registration of the buyer, for the collection and receipt of the price, for the delivery of the service and for the entire after-sales relationship. .
- 3.2.1. With regard to the provisions of the item above, all visitors from the AFFILIATE’s website who conclude with EELITE EQUESTRIAN the purchase of any service or simply register on the EELITE EQUESTRIANwebsite will become part of EELITE’s EQUESTRIAN customer database.
- 3.3. The AFFILIATE is responsible for updating the offer on its website, being also responsible for offers that do not comply with the promotions, values of products and services or sales conditions practiced by EELITE EQUESTRIAN, and must therefore bear the burden arising from differences.
- COMISSIONS DUE TO THE AFFILIATE:
- 4.1. The AFFILIATE will receive a commission of 10% on the net sales value of the products purchased by the visitor directed through the AFFILIATE’s website to the EELITE EQUESTRIAN website.
- 4.1.2. The commission will be levied on the net value of the sale, that is, it will not be levied on any taxes (VAT, for example), taxes (IRS and others) and shipping costs, which will be deducted from the sale value, for the purpose of applying the percentage of the commission.
- 4.1.3 Commissions will only be considered due after the sale has been charged. Sales made and eventually canceled by the consumer, for any reason, will not be considered for the purpose of remuneration or will have their value deducted, if the commission has already been paid to the AFFILIATE.
- 4.2. The commissions provided for in this instrument will only be due for sales made from the link exposed on the AFFILIATE’s website, of goods and services marketed by EELITE EQUESTRIAN. Accesses and sales made, even if coming from the AFFILIATE’s website, but directed to other EELITE AFFILIATES that maintain links present on the EELITE website will not entitle to commission.
- 4.3. The commissions due will be calculated taking into account the sales made and paid between the first and the last business day of the previous month.
- 4.3.1. All amounts due to the Affiliate, referring to commissions, will be paid between the first and eighth business days of the month following the month in which the orders were invoiced by EELITE EQUESTRIAN, in the form of an EELITE EQUESTRIAN shopping voucher, or if requested by bank transfer.
- 4.4. In case the AFFILIATE intends to receive the commissions by bank transfer, these will only be paid after receipt of the invoice / green receipt issued in the name of Eelite Equestrian, lda., with the NIF 516 810 251, where the commission must be included as a type of service . We emphasize that the value of the commission is a gross value on which the respective taxes must be levied.
- EXCLUSION OF THE AFFILIATE FROM THE PROGRAM
- 5.1. EELITE EQUESTRIAN reserves the right, at any time, to terminate the EELITE Affiliate Program, which will be communicated to the AFFILIATE at least five days in advance, respecting the AFFILIATE’s right to commissions arising from sales completed and paid during the duration of the Program.
- 5.2. Notwithstanding the foregoing, EELITE EQUESTRIAN reserves the right, at any time, and without the need for prior notification, to exclude, by operation of law, the AFFILIATE from the Program in the following cases:
- a) in case of misuse by the AFFILIATE of the name, brand, images, texts, pages, even partially, of the EELITE EQUESTRIAN website, without such use having been expressly authorized, or even if authorized, if in disagreement with the limits of authorization granted under the EELITE EQUESTRIAN Affiliate Program.
- b) in case the AFFILIATE uses EELITE’s EQUESTRIAN e-mail marketing campaigns to disseminate and/or forward messages among its users and visitors.
- c) in the event that the AFFILIATE uses EELITE’s EQUESTRIAN URLs and/or domains for registration in search engines, research, portals, product and price comparisons, internet communities, among others.
- d) in the event that the AFFILIATE uses the AFFILIATE code for links, URLs, on pages and images not registered and authorized in the EELITE EQUESTRIAN Affiliate Program.
- e) in the event that the AFFILIATE violates any of the policies of the Program and the EELITE EQUESTRIAN website.
- f) in the event that the AFFILIATE takes down the registered URL after approval in the Program.
- g) in the event that the AFFILIATE discloses any type of discount coupon, gift card or benefit from another EELITE EQUESTRIAN Partner, without prior authorization from the Affiliate Program.
- 5.2.1. The above hypotheses will constitute very serious infractions that will not only result in the immediate exclusion from the AFFILIATE program as well as the retention of commissions that may be due and the incidence of a non-compensatory fine, without prejudice to the right of EELITE EQUESTRIAN to sue for damages and eventual profits. outgoing.
- 184.108.40.206. In the event of exclusion for the reason described in letter “g” above, the AFFILIATE is still prohibited from registering again in the Program for a period of 1 (one) year, counting from the date of exclusion, being subject to the new exclusion from the program without prior notice. justification and retention of any commissions due.
- 5.2.2. In cases of exclusion of the AFFILIATE in the above cases or for violation of any intellectual property right, a non-compensatory fine is stipulated, which will be equivalent to 20 (twenty) times the highest commission ever paid or due by EELITE EQUESTRIAN to this affiliate.
- 5.2.3. The AFFILIATE will be informed of its exclusion in any of the above cases and, if there are commissions due, EELITE reserves the right to withhold them up to the limit of the stipulated fine. If the credit balance remains to the AFFILIATE, EELITE EQUESTRIAN will proceed with the payment to the AFFILIATE.
- EELITE EQUESTRIAN PROGRAM AND SITE POLICIES
- 6.1. Any customer who buys through the EELITE EQUESTRIAN Affiliate Program or registers on the EELITE EQUESTRIAN website will be considered a customer of EELITE EQUESTRIAN and is therefore subject to the same policies as EELITE EQUESTRIAN.
- 6.2. EELITE EQUESTRIAN may change the rules and procedures of the purchase transaction at any time or service, at its sole discretion. The prices of the products, as well as their availability, will be subject to market variations and the stocks of suppliers and publishers.
- 6.2.1. EELITE EQUESTRIAN may, at any time, modify any of the terms and conditions contained in this contract, a circumstance that will be previously communicated to the AFFILIATE for acceptance.
- 6.2.2. If the AFFILIATE does not agree with the modifications, or with the operating rules and procedures or with the terms and conditions of this instrument, it is allowed to exclude it from the Program, through communication made to EELITE EQUESTRIAN in the form of clause nine. If the AFFILIATE does not oppose the suggested changes within 5 (five) days from the notification sent by EELITE EQUESTRIAN, its silence will be interpreted as acceptance of the proposed changes that will take effect on the date informed by EELITE EQUESTRIAN.
- 6.3. The disclosure of prices or any other information or promotions of EELITE EQUESTRIAN by the AFFILIATE that have not been previously approved by EELITE EQUESTRIAN is strictly prohibited, under penalty of exclusion from the Program and other sanctions provided for in this contract and the determination of possible losses and damages in its own action.
- 6.4. The operational model of the Affiliate Program provides for the creation of links from the AFFILIATE website to the EELITE EQUESTRIAN website. In the event that the parties establish the AFFILIATE’s right to disclose products marketed by EELITE EQUESTRIAN on its own page, it is agreed that the display of the products, their characteristics, prices and payment terms must correspond exactly to the content displayed on the EELITE EQUESTRIAN website, the AFFILIATE being responsible before customers, consumer protection and defense bodies, for any and all divergences, also bearing the fines, convictions, costs, fees that EELITE EQUESTRIAN may incur, without prejudice to EELITE EQUESTRIAN being authorized to immediately exclude the AFFILIATE from the Program.
- 6.5. Notwithstanding the foregoing, EELITE EQUESTRIAN reserves the right to cancel the AFFILIATE’s registration in the Program if it considers that the AFFILIATE’s website discloses any material, image or content that:
– promote any pornographic material;
– promotes or incites any form of violence;
– promotes or incites any form of discrimination, whether racial, sexual, social, religious, age, nationality;
– promotes illegal activities;
– infringes copyright or intellectual property rights.
- 6.6. The AFFILIATE’s website policy cannot be in disagreement with the policy in force on the EELITE EQUESTRIAN website.
- INTELLECTUAL PROPERTY RIGHTS – TRADEMARKS, DOMAIN NAMES, PATENTS
- 7.1. Property rights over all icons, messages and other images, as well as EELITE’s EQUESTRIAN name and brands belong to it, and the AFFILIATE is expressly prohibited from modifying any of the icons, messages or other images contained in the Materials, under penalty of incurring the penalties provided for by law.
- 7.2. Due to the foregoing, the AFFILIATE is prohibited from transforming or modifying the Materials, and the AFFILIATE is obliged not to promote or facilitate any misuse of its content, in the environment of its website, or from it when such an event is impossible without the participation of the domain controller, or when simply transmitted such content, or part of it to third parties, or allowed or facilitated its reproduction, thus prohibiting any form of use not expressly authorized, under penalty of incurring civil and criminal offenses , without prejudice to the immediate exclusion of the AFFILIATE from the Program.
- 7.3. EELITE EQUESTRIAN is entitled to update or make any changes to its Materials.
- 7.4. The AFFILIATE is expressly prohibited from transferring any rights or obligations under this Agreement.
- 7.5. Once the Program is terminated or the AFFILIATE is excluded for any reason, the AFFILIATE is obliged to remove from its website all links and other Materials belonging to EELITE EQUESTRIAN.
- RESPONSABILITY OF THE PARTIES
- 8.1. The AFFILIATE is solely responsible for the development, operation and maintenance of its website and for all content, information, images and messages presented therein, exempting EELITE EQUESTRIAN from any and all liability in relation to such content.
- 8.1.1. EELITE EQUESTRIAN will only be responsible for product indications that may be made available on the AFFILIATE’s website if and when provided by EELITE EQUESTRIAN.
- 8.2. The AFFILIATE is responsible for ensuring that the insertion of any material on its website does not violate or infringe the rights of third parties (including copyright, trademarks, and other intellectual and image property rights), and for ensuring that the material placed on the AFFILIATE your site does not contain defamatory or illegal content, that is, contrary to EELITE’s EQUESTRIAN Policies.
- 8.2.1. EELITE EQUESTRIAN, in turn, assures the AFFILIATE that all Material that may be made available to the AFFILIATE for insertion on its website is its property and that it holds all the rights and authorizations necessary to safeguard the AFFILIATE’s liability and keep it immune to any claim based on infringement of copyright, trademarks and any other intellectual property and image rights.
- 8.3. Due to the foregoing, the AFFILIATE assumes full responsibility for the effects arising from any allegation of legal or contractual breach made by Internet users or any third parties, directly or indirectly related to the AFFILIATE’s Website and/or its contents, exempting EELITE EQUESTRIAN from any liability in connection with such relationships and claims.
- 8.3.1. Any and all claims, in judicial or extrajudicial proceedings, presented against EELITE EQUESTRIAN, alleging violation of any rights of third parties or infringement of any legal or contractual provision, directly or indirectly related to the AFFILIATE’s website and/or its contents, will be communicated. immediately to the AFFILIATE, who agrees, from now on, to assume the defense of EELITE EQUESTRIAN in the judicial process, committing, from now on, to pay all expenses related to the process, including costs and fees of the process, as well as the sentencing funds, understood as such, for example, those corresponding to losses and damages, loss of profits, indemnities, loss of suit or any other amounts that EELITE EQUESTRIAN may be ordered to pay.
- 8.4. To allow the proper functioning of the operations, the AFFILIATE must make sure that the “links” between the AFFILIATE’s Website and the EELITE EQUESTRIAN Website are properly configured. EELITE EQUESTRIAN will not be responsible for losses incurred as a result of bad formatting of the links or due to their maintenance, which is the responsibility of the AFFILIATE.
- 8.5. EELITEEQUESTRIAN is responsible for the payment of commissions, as set out in this instrument.
- 8.6. As provided for in this instrument, EELITE EQUESTRIAN is also solely responsible for processing purchases and services purchased from the link with the AFFILIATE’s website, for the delivery of products within the terms and conditions set out on its website, for the consumption relationship that establish as a result of the access made by users and visitors to the AFFILIATE’s website, being responsible for any judicial or administrative demand that arises from this consumption relationship, keeping the AFFILIATE immune from any interrogation.
- 8.6.1. Due to the foregoing, any and all claims, in judicial or extrajudicial proceedings presented against the AFFILIATE, alleging violation of any rights of third parties or infringement of any legal or contractual provision, related to the consumption relationship established directly with EELITE EQUESTRIAN shall communicated immediately by the AFFILIATE, and EELITE EQUESTRIAN agrees, from now on, to assume the witness defense of the AFFILIATE.
- 8.7. EELITE EQUESTRIAN will not be responsible for interruptions or errors that occur in the transmission of data via the Internet.
- TERM, RESOLUTION, TERMINATION:
- 9.1. This agreement will remain in force for an indefinite period, counting from the AFFILIATE’s acceptance of the Program.
- 9.1.1. At any time, either party may terminate this agreement by simply communicating it to the other party in writing (e-mail).
- 220.127.116.11. Being EELITE’s EQUESTRIAN initiative to terminate, it must forward communication to the AFFILIATE at least 5 (five) days in advance. If the termination initiative comes from the AFFILIATE, the contract will be considered terminated upon receipt of the communication.
- 9.1.2. Communications made by email will be considered valid as long as they are forwarded to the parties’ email addresses, which are:
- a) for EELITE EQUESTRIAN- firstname.lastname@example.org
- b) for the AFFILIATE – address registered in the Program.
- 9.2. In addition to the option of termination assured above, this agreement will be immediately terminated, regardless of any notification to the AFFILIATE, in the following cases:
- a) for breach by the AFFILIATE of any of the terms of this agreement, the EELITE EQUESTRIAN Site or Program Policies, applicable laws and regulations, including consumer protection rules;
- b) practice by the AFFILIATE of any acts that may imply commercial or institutional discredit to EELITE EQUESTRIAN.
- c) in case of bankruptcy, the judicial recovery plan is granted or, at EELITE’s EQUESTRIAN discretion, if the AFFILIATE no longer has the technical, commercial or financial competence that led to the acceptance of its registration in the Program.
- 9.3. When the agreement between the parties is terminated for any reason, the commissions eventually due to the AFFILIATE will be paid in the manner and within the terms set forth in this agreement, observing, in particular, the provisions contained in clauses four and five.
- GENERAL PROVISIONS
- 10.1. The Parties mutually undertake to ensure the confidentiality of all trade secrets, technical knowledge and other information that they become aware of as a result of the business relationship referred to in this agreement, not being able to use any of this confidential information , unless expressly authorized to do so by its respective owner. Thus, each party shall ensure that its partners, affiliated companies, administrators, employees and/or any other persons under its responsibility (directly or indirectly) keep all the terms and conditions of this Agreement confidential.
- 10.2. All notices and other communications required or permitted herein will be in writing and will be deemed to have been duly transmitted when delivered to the recipient or by electronic mail (e-mail).
- 10.3. The omission or tolerance of the Parties, in demanding strict compliance with the terms and conditions of this Agreement, will not constitute novation or waiver, nor will it affect their rights, which may be exercised at any time.
- 10.4. This Agreement constitutes the entire agreement between the Parties, prevailing over any other agreement, verbal or written, previously established.
- 10.5. The AFFILIATE declares that it has evaluated and accepts its participation in the EELITE EQUESTRIAN Affiliate Program and agrees to all the terms and conditions hereof. It also acknowledges that EELITE EQUESTRIAN may, at any time, request references from the AFFILIATE, as well as operate in partnership with other entities and individuals operating in the same business area.