Netgotiator "NETG 3P Partner" Agreement
This NETG 3P Partner Agreement sets forth the terms and conditions regarding the Netgotiator NETG 3P Partner Program.
By submitting your NETG 3P Partner Application you are confirming that you have read this agreement, and you agree to be bound by the terms and conditions contained in this Agreement.
The following Agreement sets the herein definitions:
EXILLION – refers to "EXILLION - extreme value technologies", the company that holds and reserves all rights on EXILLION's Netgotiator Service and distributes Netgotiator;
Netgotiator (NETG) - refers to the Netgotiator Service itself;
NETG 3P Partner – refers to you, the NETG 3P Partner prospect;
1. By submitting your NETG 3P Partner application you understand that it’s acceptance is not implied and that EXILLION has the right to decline it, or end it at any time, with a minimum ten day notice;
2. EXILLION will pay the NETG 3P Partner a commission for each effective sale originated from your website or product;
3. EXILLION will issue each NETG 3P Partner a unique URL or master copy, which allows the Netgotiator SaaS to identify visitors from your Web site as originating from you;
4. For the sale process to be effectively completed, it is required that the visitor downloads and/or installs Netgotiator, and subscribes the service after the trial period,
paying the correspondent fee.
Only after the successful confirmation of the charge will the sale be considered effective, and result in commission payment;
5. Commissions will be calculated based on Net Sales (less any taxes required to be withheld under applicable law) in Euros, but if the sale comes from outside European Union (EU), commission will be paid in US Dollars, converted to the payment date’s exchange rate from Euros.
6. For each sale, EXILLION will pay the NETG 3P Partner 30% of the sale value, as so described in 4;
7. If, on the contract’s anniversary each year, the total number of new clients brought by the NETG 3P Partner has reached 1000, the NETG 3P Partner will be awarded a 5% bonus on its total yearly commissions;
8. If, on the contract’s anniversary each year, the total number of new clients brought by the NETG 3P Partner has reached 5000, the NETG 3P Partner will be awarded a 10% bonus on its total yearly commissions;
9. NETG 3P Partner commission shall be paid by EXILLION every 30 days, approximately 15 days after the prior period ending.
10. Periods begin on the first of each month and end on the last day of the month. EXILLION reserves the right to modify the payment schedule;
11. If commission total is less than €50 for a particular period, EXILLION will hold payment until commissions accumulate to at least € 50. If that total amount isn’t reached for a period of one year, all commissions will be forfeited to EXILLION’s favour, and the present NETG 3P Partner Agreement will be considered void and cease to exist;
12. Commissions will be paid by company check (if outside EU) or by money transfer to the NETG 3P Partner’s referred account. EXILLION declines any responsibility if the NETG 3P Partner submits wrongful bank information or payment Address that results in impossible crediting the account or returned mail. In such cases, Commissions will be retained until the NETG 3P Partner contacts EXILLION and clarifies the problem;
13. All expenses referring to the destiny account referred to in nr. 13 are the soul responsibility of the NETG 3P Partner. EXILLION will only be responsible for the expenses from the origin Bank.
14. NETG 3P Partners can check their sales and commissions at their private area in EXILLION’s Website, with the username and password they choose when applying for the program;
Duties and Responsibilities
15. EXILLION will be responsible for providing all necessary information and support to allow you to make appropriate Links from the NETG 3P Partner site to Netgotiator site;
16. EXILLION will be responsible for tracking the volume and amount of sales generated by your site and providing information to the NETG 3P Partner regarding sales statistics;
17. EXILLION will be responsible for the administration of business processes, such as payment processing, cancellations, returns, and related customer service;
18. EXILLION will not provide customer names and contact information to the NETG 3P Partner in order to protect customer privacy;
19. EXILLION will make every reasonable effort to track and pay commissions for all sales that apply to the NETG 3P Partner. EXILLION is not responsible for technical problems, Acts of God, acts by third parties, or other events outside our reasonable control which may negatively affect this service;
20. The NETG 3P Partner agrees to NOT SEND UNSOLICITED or SPAM e-mail to promote Netgotiator, or any to engage in other actions that may be considered to be abusive or offensive to prospect clients. These actions may damage the image of Netgotiator and will result in legal action;
21. The NETG 3P Partner agrees not to display content and/or endorse any access to sites that promote:
• Sexually explicit material;
• Discrimination based on gender, race, religion or national origin;
• Any other kind of improper or potentially offensive content;
22. The NETG 3P Partner will be responsible for ensuring that materials posted on his website do not violate or infringe upon the rights of any third party and are not libellous or otherwise illegal;
23. The NETG 3P Partner and EXILLION are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. EXILLION and the NETG 3P Partner shall each conduct its respective business at its own expense, and shall have no authority to incur any obligations on behalf of the other, except as otherwise provided herein;
Limitation of Liability
24. EXILLION shall not be held liable for any damages or any loss of revenue or profits arising under or with respect to this agreement or program, even if EXILLION has been advised of the possibility of such damages;
25. EXILLION total liability arising under or with respect to this agreement shall in no event exceed the total commissions paid or payable to the NETG 3P Partner under this Agreement;
26. The NETG 3P Partner understands that tracking can never be 100% accurate and that EXILLION is not responsible for inaccuracies that might occur beyond its control;
27. Any action relating to this Agreement must be brought in the courts located in Thessaloniki, Greece, and you irrevocably consent to the jurisdiction of such courts over any other;
28. By clicking on the continue button you confirm that you have read and understood the content of this Agreement, and that you agree with it’s every paragraph, without exceptions;