Website in development + BETA.TESTING ...
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Asergis Cloud ("we" or "us") wishes to appoint you ("you" or "the Affiliate") as an Affiliate of Asergis Cloud to enable you to promote the Asergis Cloud Website ("our Website" or "the Website”) through your Website ("your Website") in exchange for the referral fee referred to in Clause 6, on the terms and conditions of this Agreement.
Asergis Cloud grants you a non-exclusive, worldwide, royalty-free licence for the term of this Agreement and solely for the purposes of facilitating referrals from your Website to our Website, to establish and maintain the Links referred to above. We have the right to terminate this licence at any time and to request you to remove the Links immediately if we consider that the Links are not being used in accordance with these Terms and Conditions.
We will process orders for products/services placed by customers who follow the Links from your Website to the Asergis Cloud Website and be responsible for all aspects of the order process. We will track sales made to customers who purchase products/services using the Links from your Website to our Website and will make sales reports available to you. You must ensure that the Links from your Website to our Website are properly formatted to allow accurate tracking and reporting and accrual of referral fees. We will not be liable for paying referral fees on sales that are not correctly tracked and reported because the Links are not properly formatted.
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For the avoidance of doubt, customers who buy products/services through the Affiliate Programme will be customers of Asergis Cloud. Accordingly, all Asergis Cloud rules, policies and operating procedures concerning customer orders, customer service and sales will apply to those customers. Asergis Cloud reserves the right, at its sole discretion, to change such policies and procedures at any time, including pricing policies. Product/service prices and availability may vary from time to time. Asergis Cloud shall use its reasonable endeavours to present accurate information, but we cannot guarantee the availability or price of any particular product/service.
You undertake, in relation to information relating to an identified or identifiable individual, partnership, corporation or other entity ("Personal Data") received pursuant to the operation of this Agreement, to comply at all times (both during the subsistence and after termination of this Agreement) with any obligations imposed under the terms of the United Kingdom Data Protection legislation and any other legislation or self-regulatory guidelines from time to time relating to the holding, use and/or disclosure of Personal Data applicable in the United Kingdom or other relevant jurisdiction.
The content of Asergis Cloud (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) and the Links are protected by copyright, trade marks, patents and other intellectual property rights and laws. You do not obtain any rights under this Agreement in any intellectual property, including, without limitation, any intellectual property rights in the Links, except for the licence expressly granted in Clause 4 above.
We will endeavour to make Asergis Cloud available but cannot guarantee that our Website will operate continuously or without interruptions or be error-free. You must not attempt to interfere with the proper working of our Website and, in particular, you must not attempt to circumvent security, tamper with, hack into, or otherwise disrupt any computer system, server, Website, router or any other internet connected device. Should we find that you have done or attempted to do any of the above actions, we will terminate this Agreement immediately. In these circumstances we reserve the right to seek remedies from you, including without limitation, withholding any payments due to you.
You may not make any public announcement with respect to this Agreement or your participation in the Affiliate Program without our prior written consent, which may be withheld at our sole discretion.
Nothing in this Agreement shall be construed to create a partnership, joint venture or agency relationship between the parties. Neither party shall have the authority or power to bind the other party or to contract in the name of or create a liability against the other party in any way or for any purpose
We may assign or subcontract any or all of our rights and obligations under these Terms and Conditions. You may assign this Agreement and your rights and obligations under it with the prior written consent of Asergis Cloud.
Asergis Cloud reserves the right to update or amend these Terms and Conditions at any time and if you continue to maintain the Links following any changes you shall be deemed to have accepted such change. It is therefore your responsibility to check the Terms and Conditions on our Website regularly for any changes.
If any provision of this Agreement is held invalid, illegal or unenforceable for any reason by any Court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if this Agreement had been agreed with the invalid illegal or unenforceable provision eliminated.
This Agreement contains the entire Agreement between the parties relating to the subject matter and supersedes any previous agreements, arrangements, undertakings or proposals, oral or written. Unless expressly provided elsewhere in this Agreement, this Agreement may be varied only by a document signed by both parties.
This Agreement shall be governed by and construed in accordance with the law of [England OR Scotland] and the parties hereby submit to the exclusive jurisdiction of the [English OR Scottish] courts.