Go-and-Pack Partner Terms and Conditions
Once you have registered to be an affiliate or partner (known as Partner) through our website or otherwise, these are the Terms on which Select Business Services LLC aka “Go and Pack” (“we”, “Company”) operate with you. These Terms may be supplemented with other terms we deem necessary, such as with confidentiality or other agreements between us. Company has the right to change the Terms at any time, your continued use of our website, or Partnering with us, isthe Partner’s acceptance of Terms.
1. Partners are entitled to a commission for referring clients to us who subsequently purchase our services. We will send you a dedicated link to use to promote our services. If you promote our services verbally, and your guest let’sus know you, our Partner, referred them, we will credit you with a commission for any services they purchase. We are not responsible if clients purchase services without using the Partner dedicated link and/or we do not have confirmed information that the client is referred from Partner.
2. The commission payable to Partners will be eight per cent of any purchases made by clients introduced by a Partner through our site. Commission is based on the final price of services purchased, (which means also final price after any discounts). Commission will not be paid on any fees, shipping, taxes, or other charges that a client pays which is not expressly an advertised service. Commission payout will be made through Paypal or Payoneer. Fees for transfers of commission to Partner is paid by the partner. Commission payouts can be made in one lump sum periodically or after payment and fulfillment of services to client.
3. Partners have a non-exclusive, non-transferable, revocable right to use our links, names, logos and similar collateral for the sole purpose of promoting our services. You may not alter any materials provided by us without our prior written permission from us. Except as expressly set forth in this Agreement or permitted by applicable law, Partner may not copy, distribute, modify, reverse engineer, or create derivative works from the same. Partner may not sublicense, assign or transfer any such licenses for the use of the same, and any attempt at such sublicense, assignment or transfer is void. Partner may not represent itself as the Company, and may not provide services and any false or misrepresentations as the Company.
3.1. In performing any duties hereunder, Partner shall not engage in any of the following practices: (a) serve (or engage any other party to serve) advertising through adware or spyware, (b) send unsolicited emails related to or linking to either the Required URLs or any URL owned by Partner, (c) engage in any practice that intends or encourages users to view or make purchases from the Required URLs, via any offer, rebate, compensation, or other promised consideration not authorized by the Company, or (d) display on any Partner web site content that (i) is sexually explicit (i.e., contains nudity or actual or simulated sexual conduct), (ii) is deceptive or misleading, or (iii) encourages or facilitates illegal gambling or any other conduct that violates any law or any violation of any third party’s rights.
3.2. In the event Partner transfers to any other party any web site linking to the Required URLs, it shall immediately inform the Company.
4. Either party may terminate this agreement at any time by deleting their acceptance of the agreement by email. Termination of the Partner agreement shall be immediate, all commissions earned on services which were purchased before termination will be paid to the Partner.
4.1. If any improper, illegal, or deceptive actions by Partner were used to advertise Company’s services or to purchase services from Company, Agreement will be terminated immediately and no commissions will be paid to Partner and/or Partner maybe required to return commissions as well as be liable for any financial loss of Company.
5. Representations. Each party represents to the other that (a) it has the authority to enter into this Agreement and sufficient rights to grant any licenses granted hereby, and (b) any material which is provided to the other party and displayed on the other party’s site will not (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or right of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation; (iii) be defamatory or libelous; (iv) be lewd, pornographic or obscene; (v) violate any laws regarding unfair competition, anti-discrimination or false advertising; (vi) promote violence or contain hate speech; or (vii) contain viruses, Trojan horses, worms, time bombs, cancelbots or other similar harmful or deleterious programming routines.
5.1. EXCEPT FOR THE ABOVE REPRESENTATIONS NEITHER PARTY MAKES ANY REPRESENTATIONS OR WARRANTIES TO THE OTHER PARTY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
6. Cross-Indemnification. Each party hereby agrees to indemnify, defend and hold harmless the other party and its affiliates, directors, officers, employees and agents, from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) brought by a third party, arising out of any actual or alleged violation of law, any actual or alleged violation of any third party’s rights, or any breach, or alleged breach, of any of its representations or obligations herein.
7. Confidential Information. Confidential information shall include, but shall not be limited to, any and all information associated with a Party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, Merchant Data, Customer Data, product designs, sales, costs, price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary.
7.1. Each Party agrees to use the other Party’s Confidential Information solely as necessary for performing its obligations under this Agreement. Each Party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such Party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such Party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the Parties and the subject matter contained in this Agreement, provided that, if legally permitted, the receiving Party shall give the disclosing Party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving Party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving Party, at the time of disclosure of such information; (B) is independently developed by the receiving Party without use of or reference to the other Party’s Confidential Information, and without breaching any provisions of this Agreement; or (C) is thereafter rightly obtained by the receiving Party from a source other than the disclosing Party without breaching any provision of this Agreement.
7.2. Partner shall have no rights to any information relating to a client you introduce to us, including details of their information or access to any records we hold about them or their information.
8. We reserve the right to refuse to take you on as a Partner or to cease to have you as a Partner, for any reason, such as the need to comply with regulatory requirements.
9. Partner’s email and contact information when registered will be used as point of contact and all information from Company will be sent there. Company is not responsible for Partner’s inability to access or see information from us. Company may be contacted at firstname.lastname@example.org.