The Agreement represents the terms and conditions that apply to your participation in the Pretection Affiliate Program. For purposes of this Agreement, "you" refers to the affiliate applicant and "we" or "our" refers to Pretection
1. Enrollment.
To start the enrollment process, you must submit a completed online application. We then review the application and determine, in our sole discretion, whether to accept or reject you as an affiliate. Web sites may be rejected because they contain obscene, inappropriate or otherwise objectionable material. We will notify you regarding your application in a timely manner (typically 2-4 business days).
2. Links
Upon acceptance as an affiliate, we will provide you with a hyperlink to a web page at which your customers can access our Pretection.com services. To allow your customers access to these services, you will place a text link or other box or banner on your web site (we will provide you with acceptable graphic images to advertise the link and instructions on how to create this link on your web site). Both parties agree to cooperate fully to establish and maintain such links.
3. Independent Business
Nothing in this Agreement will create any employment relationship between you and Pretection Neither party will have the authority to enter into contracts, assume or create any liability or make agreements of any nature whatsoever for, in the name of, or on behalf of, the other party. Any person that follows the special link from your web site to our web site will be deemed to be a customer of Pretection Accordingly, we will be responsible for all aspects of order processing and fulfillment as to our services. All our rules, prices, policies and operating procedures will apply to sales made under this agreement. We expressly reserve the right to add to, delete or modify our services and prices at any time. We also expressly reserve the right to reject any order, in our sole discretion.
4. Commission
You will be entitled to receive a twenty five percent (25%) commission on the sale of our fee-based trademark services for the first six months. This includes only sales generated by customers who follow the special link from your web site to the Pretection.com web site. We will track sales subject to our commission and report these sales to you on a quarterly basis. Commissions will be paid to you on a quarterly basis within 30 days after the ending of each calendar quarter.
5. Term
The term of this Agreement shall commence on the date we accept your application into the Affiliate Program and will end when terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party thirty (30) days written notice of termination. You will only earn commission fees on sales occurring during the term of this agreement.
6. Exclusive Trademark Search Service
Pretection.com shall be the exclusive trademark protection service featured on your web site.
7. Your Rights as an Affiliate
We grant you the non-exclusive, non-transferable right to maintain a link to a Pretection.com web page solely in accordance with the terms of this agreement at which your web site visitors can perform online trademark research. Additionally, we grant you a non-exclusive, non-transferable license to use our logos, trade names, trademarks and/or other identifying materials for the sole purpose of selling our services on your web site. We reserve all our proprietary rights to these materials and may revoke your license at any time upon written notice.
8. Your Obligations as an Affiliate
In performing under this agreement, you shall:
Comply with all applicable laws and regulations;
Not use the trademarks, trade names, service marks, or logos of Pretection except as expressly authorized by Pretection ;
Not create, publish, distribute, or permit any written material that makes reference to Pretection without first obtaining our written consent.
9. Our Rights
Under this agreement you grant Pretection a non-exclusive license to utilize your logos, trade names or trademarks for the sole purpose of advertising, marketing and promoting our Affiliate Program. Any advertising, marketing or promoting done under this paragraph shall be in our sole discretion.
10. Our Obligations
In performing under this Agreement, we shall comply with reasonable industry standards in providing the Services. We will NOT be responsible for the operation or contents of your web site.
11. Confidentiality
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists and pricing and sales information, shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by the other party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto.
12. Disclaimer of Warranty and Limitation of Damages and Liability
We make no express of implied warranties or representations with respect to the services provided under this Agreement. Additionally, we make no representations that the operation of our web site or services will be uninterrupted or error free and we will not be liable for the consequences of any interruptions or errors. In no event shall we or any of our agents, employees, officers or directors be liable for consequential, incidental or special damages, including lost profits arising out of the performance of this agreement.
13. Indemnification
You agree to indemnify and hold harmless Pretection and its directors, officers, employees, agents and shareholders against any loss, liability, damage or expense that we may sustain by reason of any action or inaction by you in connection with your solicitation of orders for Services under this Agreement or the operation or contents of your web site.
14. Modification
We reserve the right to modify the terms of this agreement, in our sole discretion. At a minimum, we will communicate any modification to you by posting updates to the Affiliate Agreement maintained on our web site. Your continued participation as an Affiliate after such modification will constitute your acceptance to the modified terms and conditions.
15. Miscellaneous
a. Survival of Obligations. The parties agree that the obligations imposed by paragraphs 11, 12 and 13 will survive the termination of this Agreement.
b. Election of Remedy and Waiver. The exercise of one right or remedy hereunder will not constitute an election or preclude either party from exercising or pursuing all other rights or remedies available to them under the law or as provided herein. The failure of either party at any time to require performance by the other party of any provision hereof will in no way affect the right to require such performance at any time thereafter, nor will the waiver by either party of a breach of any provision hereof constitute a waiver of any succeeding breach of the same or any other provision, or constitute a waiver of the provision itself.
c. Assignment, Amendment and Severability. You may not assign this Agreement or any rights hereunder or interest herein without our written consent, which consent will not be unreasonably withheld. This Agreement constitutes the entire agreement between the parties. In the event any provision of this Agreement is found to be void or unenforceable, all remaining provisions of this Agreement will remain in full force and effect.
d. Governing Law. This Agreement and the relationship between the parties hereto will be governed by and construed in accordance with the laws of the Netherlands.
e. Forum Selection. Any claims, disputes or other matters in question between the Parties to this Agreement arising out of this Agreement will be adjucated in a court of competent jurisdiction within the Netherlands. The parties hereto each hereby waive any jurisdiction, venue and inconvenient forum objections to any court sitting in the Netherlands.
16. Execution of the Agreement
You represent that this Agreement has been validly executed and delivered and constitutes a valid binding obligation against you. You also acknowledge that you have read and understand the terms and conditions of this agreement and agree to be bound by all its terms and conditions.