This Affiliate Terms and Conditions Agreement (“Agreement”) is entered into by and between 5G Society TT (“Company”), and you, as an individual or entity (“Affiliate”). By participating in our affiliate program, you agree to be bound by the terms and conditions of this Agreement.
1.1. “Affiliate Program” means the program offered by the Company to allow Affiliates to promote the Company’s products or services and earn Commission on sales generated through their unique affiliate link.
1.2. “Affiliate” means any individual or entity that has been approved by the Company to participate in the Affiliate Program.
1.3. “Company” means the electronics website and its owners, directors, officers, employees, agents, and affiliates.
1.4. “Commission” means the compensation paid to the Affiliate for sales generated through their unique affiliate link, as outlined in the Affiliate Program materials.
1.5. “Affiliate Link” means the unique link provided to the Affiliate by the Company, which identifies the Affiliate and tracks sales generated through their promotion of the Company’s products or services.
1.6. “Intellectual Property” means all trademarks, trade names, service marks, copyrights, patents, trade secrets, and other intellectual property rights owned or licensed by the Company.
1.7. “Promotional Materials” means any marketing or promotional materials provided by the Company to the Affiliate for use in promoting the Company’s products or services, including but not limited to banners, text links, and email templates.
1.8. “Term” means the period during which the Affiliate is authorized to participate in the Affiliate Program, as set forth in Section 5 (Termination).
1.9. “Website” means the electronics website owned and operated by the Company.
1.10. “User” means any individual or entity that accesses or uses the Website, whether or not they make a purchase or become an Affiliate.
By agreeing to these Terms and Conditions agreement, the Affiliate acknowledges and agrees to abide by the terms and conditions set forth herein, including the Definition provisions set forth in Section 1. The Affiliate acknowledges and agrees that all Intellectual Property, including Promotional Materials, provided to them by the Company remain the exclusive property of the Company. The Affiliate agrees not to use or reproduce any Intellectual Property or Promotional Materials without the prior written consent of the Company. The Affiliate further acknowledges and agrees that their participation in the Affiliate Program does not grant them any ownership or license rights to any Intellectual Property or Promotional Materials belonging to the Company.
Application Process
2.1. To become an Affiliate, you must submit an application to the Company.
2.2. The Company reserves the right to reject any application at its sole discretion.
Responsibilities of the Affiliate
3.1. The Affiliate agrees to promote the Company’s products or services through approved marketing channels.
3.2. The Affiliate agrees to comply with all applicable laws and regulations related to the promotion of the Company’s products or services.
3.3. The Affiliate agrees not to engage in any unethical or fraudulent practices related to the promotion of the Company’s products or services.
3.4. The Affiliate agrees to use only approved marketing materials provided by the Company.
3.5. The Affiliate agrees not to misrepresent the Company’s products or services in any way.
3.6. The Affiliate agrees to disclose their relationship with the Company when promoting the Company’s products or services.
3.7 No False Advertising. The Affiliate shall not engage in any false or misleading advertising or make any representations about the Company’s products or services that are not supported by evidence.
3.8 Reporting. The Affiliate shall provide the Company with accurate and complete information related to their participation in the Affiliate Program, including but not limited to sales generated through their Affiliate Link and any changes to their contact information.
3.9 Non-Exclusive Relationship. The Affiliate’s participation in the Affiliate Program does not create an exclusive relationship between the Affiliate and the Company. The Company may engage other Affiliates or engage in its own promotional activities without restriction.
Commission and Payment
4.1. The Affiliate will receive a commission on sales generated through their unique affiliate link. The commission rate and payment terms are outlined in the Affiliate Program materials.
4.2. Commissions will be paid to the Affiliate on a monthly basis, provided that the minimum payment threshold has been met. The minimum payment threshold is $50.
4.3. The Affiliate is responsible for providing accurate and complete payment information to the Company, including their preferred payment method and relevant payment details. The Company is not responsible for any delays or errors in payment resulting from incomplete or inaccurate payment information provided by the Affiliate.
4.4. The Affiliate agrees to keep confidential all Commission rates and payment terms, and not to disclose them to any third party.
4.5. The Company reserves the right to modify the Commission rate and payment terms at any time, with or without notice to the Affiliate. The Affiliate acknowledges and agrees that the Company’s determination of Commission and payment terms shall be final and binding.
4.6. In the event that a sale is refunded or reversed, the corresponding Commission will be deducted from the Affiliate’s account. If the Affiliate has already been paid the Commission, the Company reserves the right to deduct the corresponding Commission from future payments to the Affiliate.
4.7. The Company is not responsible for any fees or charges incurred by the Affiliate in relation to their receipt of Commission payments.
4.8. The Affiliate is solely responsible for reporting and paying any applicable taxes on Commission payments received from the Company.
4.9. In the event of any dispute regarding Commission payments, the Affiliate must notify the Company in writing within 14 days of the payment in question. Failure to do so will constitute acceptance of the payment as final and binding.
By agreeing to these Terms and Conditions agreement, the Affiliate acknowledges and agrees to abide by the terms and conditions set forth herein, including the Commission and Payment provisions set forth in Section 4. The Affiliate acknowledges that their participation in the Affiliate Program is voluntary and that they have no expectation of receiving any Commission payments other than those specified in the Affiliate Program materials. The Affiliate further acknowledges and agrees that the Company’s determination of Commission rates and payment terms shall be final and binding.
Termination
5.1. The Company reserves the right to terminate this Agreement and the Affiliate’s participation in the Affiliate Program at any time, with or without cause, by giving written notice to the Affiliate.
5.2. The Affiliate may terminate this Agreement and their participation in the Affiliate Program at any time by giving written notice to the Company.
5.3. In the event of termination, the Affiliate must immediately remove all links and references to the Company and the Affiliate Program from their website and cease all use of any intellectual property belonging to the Company.
5.4. The Company may withhold payment of any outstanding commissions to the Affiliate for a period of up to 60 days following termination to ensure that all obligations under this Agreement have been fulfilled.
5.5. The Affiliate acknowledges and agrees that the termination of this Agreement may result in the forfeiture of any unpaid commissions earned prior to the termination.
5.6. Upon termination of this Agreement, the Affiliate’s access to the Affiliate Program and any of its services will immediately terminate, and the Affiliate must promptly return or destroy any confidential information belonging to the Company.
5.7. The termination of this Agreement will not relieve either party of any obligations or liabilities that have accrued prior to the termination, including but not limited to any payment obligations or obligations of confidentiality.
5.8. The Affiliate agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Affiliate’s breach of these Terms and Conditions or the Affiliate’s violation of any applicable law or regulation.
By agreeing to these Terms and Conditions agreement, the Affiliate acknowledges and agrees to abide by the terms and conditions set forth herein, including the termination provisions set forth in Section 5. The Affiliate acknowledges that their participation in the Affiliate Program is voluntary and that the Company may terminate their participation at any time. The Affiliate further acknowledges and agrees that any commissions earned prior to termination will be paid to the Affiliate in accordance with the terms of this Agreement.
Limitation of Liability
6.1. The Affiliate acknowledges and agrees that the Company will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from:
6.1.1. the use or inability to use the Affiliate Program or any of its services;
6.1.2. any changes made to the Affiliate Program or any temporary or permanent cessation of the Affiliate Program or any of its services;
6.1.3. unauthorized access to or alteration of the Affiliate’s transmissions or data;
6.1.4. any other matter relating to the Affiliate Program or any of its services.
6.2. The Affiliate acknowledges and agrees that the Company will not be liable for any damages arising from the use or inability to use any product or service that the Affiliate promotes or sells through the Affiliate Program.
6.3. The Affiliate agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners, and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of the Affiliate’s use of the Affiliate Program or any of its services, the Affiliate’s promotion or sale of any product or service through the Affiliate Program, or the Affiliate’s violation of these Terms and Conditions or any applicable law or regulation.
6.4. The Company’s liability to the Affiliate under these Terms and Conditions will not exceed the amount of commissions paid or payable to the Affiliate under the Affiliate Program in the twelve (12) months preceding the event giving rise to the liability.
6.5. The limitations and exclusions of liability set forth in this Section 6 will apply regardless of whether the liability arises in contract, tort, negligence, strict liability, breach of statutory duty, or any other legal theory.
By agreeing to these Terms and Conditions agreement, the Affiliate acknowledges and agrees to abide by the terms and conditions set forth herein, including the limitation of liability set forth in Section 6. The Affiliate agrees that the Company will not be liable for any damages or losses resulting from the Affiliate’s participation in the Affiliate Program, and that the limitations and exclusions of liability set forth in this Section 6 are reasonable and necessary for the protection of the Company.
Confidentiality
7.1. The Affiliate agrees to maintain the confidentiality of any confidential information provided by the Company, including but not limited to any trade secrets, financial information, customer data, marketing strategies, and product development plans.
7.2. The Affiliate agrees not to disclose any confidential information to any third party without the Company’s written consent.
7.3. The Affiliate acknowledges and agrees that any information related to the Company’s affiliate commissions is confidential and proprietary information, and must not be disclosed to any third party without the Company’s written consent.
7.4. The Affiliate acknowledges and agrees that any marketing strategies used by the Company are confidential and proprietary information, and must not be disclosed to any third party without the Company’s written consent.
7.5. The Affiliate acknowledges and agrees that any personal information belonging to the Company, including but not limited to any employee information, financial information, or any other information not available to the public, is confidential and must not be disclosed to any third party without the Company’s written consent.
7.6. The Affiliate agrees to use confidential information solely for the purposes of fulfilling their obligations under this Agreement and to take all necessary steps to ensure that confidential information is kept secure and protected from unauthorized disclosure.
7.7. The obligations of confidentiality set forth in this Section 7 will survive the termination of this Agreement for a period of five years.
By agreeing to these Terms and Conditions agreement, the Affiliate acknowledges and agrees to abide by the terms and conditions set forth herein, including the obligation of confidentiality set forth in Section 7. Failure to comply with the obligations of confidentiality set forth in this Agreement may result in termination of the Affiliate’s participation in the Affiliate Program and/or legal action against the Affiliate for any damages or losses resulting from such breach.
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