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Affiliate
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These Partner Terms
and Conditions (the “Agreement”) should constitute
an Assention between
you (“You” or “Affiliate”) and Totalbazzar
Bangladesh Restricted (hereinafter alluded to
as (the “Company”) for the enlistment and arrangement of
the Associate to give the
Company with Advancement of
the Channels.
The Partner must studied, concur to,
and acknowledge all
of the terms and arrangements contained
in this Assention,
by clicking “I Accept” button, and the
Parties therefore concur, recognize and acknowledge that
clicking such button might right
away frame a substantial, successful and legitimately official understanding for great thought between
the Parties.
This Assention constitutes the total and elite explanation of the assention of both the Parties with regard to the subject matter of this Assention, and supersedes all earlier verbal. The Company may, at its sole tact, revise the Understanding, from time to time, by giving the reexamined version(s) of the same to the Member in composing, at the sole caution of the Company, without being required to allow any earlier take note to the Member. Any proceeded execution of its commitments beneath this Assention, by the Partner after the changed Assention has come into impact should be regarded as the Affiliate’s assent to such changed Assention.
While, the Company is a driving e-commerce organization of Bangladesh which for the reason of this Assention is locked in in the arrangement of promoting administrations and Partner is willing and able to give limited time administrations and substance of the Channels to Clients, for the Company, for the reason of expanding the client activity on those Channels. The Company presently locks in the Partner, and the Partner acknowledges such engagement, to perform the Advancement of the Channels in the Domain on the terms and conditions indicated in this.
Publicizing Fabric might cruel any publicizing materials given by the Company to the Associate, to be distributed by the Member on the Affiliate’s Accounts exclusively for the purposes of conducting the Advancement of the Channels, in understanding with the terms and conditions in this.
The
term "Affiliate" or "You" may refer to the
definition provided in the Preface above, specifically indicating the
initial Party mentioned, which may be engaged for the purpose of, and
authorized by the Company to promote the Channels in accordance with
the terms and conditions outlined in this Agreement.
“Affiliate’s
Account” might cruel all publicizing and/or
promotion-capable medias utilized by
the Member, counting without impediment websites,
applications, social media accounts, emails, varying
media media
channels
(whether computerized or conventional), pamphlets, Associate networks'
sub partners,
their claimed and
brokered medias, to distribute the Publicizing Materials
for the Limited time of
the Channels, in agreement with
the terms hereunder.
The
term “Agreement” may refer to the definition provided in the
Prelude above (specifically, these Partner Terms and Conditions).
“Channels” should cruel the
online commercial
center working beneath the fashion and title of
‘Totalbazzar’, through collectively through the
(1) portable application
of the same title and
(2) the web entries found at
www.Totalbazzar.com. Owned and worked by
the Company.
A
“chargeback” refers to a transaction that is reversed on a
customer’s credit card, debit card, or charge account after the
customer disputes an item on their account statement or transaction
history with their bank.
“Click” should cruel a
Customer’s tap on
a Hyperlink given by
the Partner,
which courses that Client specifically to
the Channel(s).
“Commission
Exemptions” might have
the meaning given to the term in Clause 3.2 hereunder.
1.10
“Company” might cruel Totalbazzar
Bangladesh Constrained,
a company set up beneath the
Companies Act 1994, having its enrolled head office
at House No-04, Magura Natun Bazar, Magura Sadar, Magura -7600, and
Bangladesh.
“Confidential Information” might have the meaning given to the term in Clause 6.1.
“Hyperlink” might cruel a connect given to
the Partner by
the Company, to the Channel (or a particular Item posting on
the Channel) in the shape of
an correct URL,
to be distributed by
the Associate in
the Affiliate’s Accounts, which recognizes the Partner at
whatever point a Client Clicks
on it.
“Intellectual
Property Rights” implies all obvious rights,
copyright rights, veil work
rights, ethical rights,
rights of exposure,
trademark, exchange dress
and benefit check rights,
goodwill, exchange mystery rights
and other mental property
rights as may presently exist
or in the future come
into presence,
and all
applications hence and enlistments, reestablishments and expansions thereof, beneath the
laws of any state, nation, domain or
other jurisdiction.
“Invoice” might cruel the month
to month receipt issued
by the Company, on sake of
the Partner which indicates the
Commissions that collected in support of
the Partner in
the going before calendar
month, short any appropriate deductions.
“Net
Sales” should cruel deals income gotten by
the Company for the deal of
any Item to
the Client which includes the
(1) Customer’s Press of
a Hyperlink; and/or (2) input of a Voucher Code at checkout on the
Channel; and where such deal is
not straightforwardly or by
implication caused
by a Commission Exclusion; short all
the comparing connected rebates (whether
through Voucher Code, or something
else connected by
the vender of
the Item or
the Company at checkout).
“Product” might cruel any
product(s) recorded for deal by
third party dealers on
the Company’s Channels.
“Company
offer” might have the meaning given to the term in Clause 2.1
hereunder. a charge that is returned to a Customer’s installment card
(whether a charge,
credit, or charge card as the case may be) after
the Client effectively debate an thing on
their card’s account articulation or exchanges report
with that Customer’s bank.
“Returns& Discounts Policy” might cruel the appropriate Company arrangements which administer the method for
returns and discounts of Items by Clients on
the significant Channels found at
Returns and Discounts Arrangement of
Bangladesh.
“Territory” might cruel any topographical locale in
the world.
“VAT” might cruel value-added
taxes.
.
APPOINTMENT
The
Company delegates the Member as
its Channel advancement member for
the Domain,
wherein the Partner might conduct Advancements for
the Channels for the Affiliate’s supporters, supporters,
and/or any individual going
to the
Affiliate’s website(s) and/or social media accounts (“Customers”),
as well as distribute the Promoting Materials
of the Affiliate’s Accounts to initiate them
to visit and utilize the
Channels (“Promotion”).
Associate should as
it were conduct
the Advancement of
the Channels to Clients inside the Region, but as something
else affirmed in composing by
Company.
The
Channels inside the Domain will
be secured non-exclusively
by Member,
and the Company is free to lock
in other partners to give comparative administrations to
the Advancement with
the Domain.
3.1
In thought for
the Affiliate’s execution of
its commitments and
as great and important thought,
the Company should pay
to the Member;
a commission on the Net Deals in
the Region,
at such rates as should be indicated in composing and informed by
the Company to the Partner,
from time to time (“Commission”). The Commission
is comprehensive of
VAT, where appropriate,
and should be
subject to exact and conclusion of
all pertinent charges (counting without impediment withholding charges and
VAT). The rate(s) pertinent to
the Commission may be reexamined at
any time at the sole watchfulness of
the Company, subject to earlier composed take
note being given to
the Member to
such change.
The
Parties therefore concur, recognize and affirm that
Commission should not
be payable against Net Deals of
any Items (a)
which were in this
way returned
and/or discounted in understanding with
the Company’s Returns & Discounts Arrangement;
(b) against which there was a Chargeback; (c) which were portion of
a exchange against
which any frame of false movement has
been suspected or found by the Company, (d) where
the arrange exchange was
cancelled by the Client after setting it;
(e) where the Client acquired the Item with
the deliberate of exchanging it.
Commission installments together
with the Receipt might be
issued and distributed by
the 7th day of each calendar month of the Term, for the
Commission gathered in
favor of the Partner in
the going before calendar
month. Commission against the Net Deals of
a Item might collect in
favor of the Associate in
the calendar month that the refund/return window of
a acquired Item has passed for
its comparing Client,
as per the Returns and Discounts Approach,
and given that
no Commission Exceptions have happened against
such Item.
Commission installments against
a Receipt might be
payable by the Company to the Partner inside 15(fifteen)
from the date of issue of the Receipt (subject
to the arrangements of
Clause 3.3.2 hereunder). Commission installments might be
made in Bangladeshi Taka (BDT).
The
Parties thusly concur, recognize and affirm that
once an Receipt has
been issued, the Partner cannot ask any
changes to the substance or shape of
such Receipt,
for any reason at all.
If the Partner wishes
to challenge the substance of
the Receipt,
they may as it were do
so to challenge any seen inconsistencies, beneath the arrangements of
Clause 3.5.1 and 3.5.2 hereunder (on
the off chance that applicable).
The
Company should indicate any findings made
against the Commissions in the comparing Receipt.
The Company might be
entitled to make findings from
the Commissions for the taking
after reasons:
To alter any wrong over
calculation of Commissions due in a past Invoice;
For
Commissions paid against a past Receipt,
for a Item against
which a Commission Exclusion beneath Clause
3.2 (b), (c), (e), or (f) happened after
that comparing Receipt was
issued (or if the Company got
to be mindful of
such Commission Exception after
the comparing Receipt was
issued);
For
any pertinent withholding charges (counting VAT
if pertinent)
that the Company is required to withhold as per the law;
For
Commissions which are connected to
any breach of the Partners commitments or
representations beneath this
Agreement;
For
any preparing expenses and/or
bank charges brought
about by
Company with regard to
the exchanging the pertinent Commission installments to
the Associate;
and
To
set-off any sums due
to the Company from the Member,
for any reason whatsoever.
The
Company might too give the Partner with get
to to
a dashboard on the Channel,
which should permit the Member to see chronicled information on
(a) how numerous times Clients have gone
to the
Channels by Clicking the Hyperlink; (b) how numerous orders
were put by
the Clients as
a result of the Advancement;
(c) how much deals income was produced to
calculate the Net Deals;
and
(d) Client change rates.
The Partner may accommodate Receipt against
the information on
this dashboard, and in the occasion the Associate finds
a disparity which possibly demonstrates an blunder in
calculation of Commissions on the Receipt,
the Partner should be
entitled to raise a debate,
by informing the
Company in composing no afterward than
30 (thirty) days after that Receipt is
issued.
Where
the Associate raises
a debate beneath Clause
the Company might conclusively explore the debate to decide whether
or not there is any justify to
the debate,
and if so, the Company might alter the
Commissions payable in support of
the Associate on
the taking after Receipt.
In the occasion no justify is
found that debate might be settled in support of
the Company. The Company’s calculation of Commission due as a
result of such examination might be last and
conclusive for assurance of debate raised beneath Clause
4.1
In execution of
its commitments beneath the Understanding,
the Partner should not cite any costs,
terms, conditions, bargains,
offers, competitions, campaigns, nor lotteries for any of
the Items on
the Channels, other than those explicitly indicated in composing by
the Company. Any costs,
terms, conditions, bargains,
offers, competitions, campaigns, and lotteries for the Items are
to be set up exclusively by
the Company, with prompt effect.
The
Company should be
the overseer of
record with regard to
all Net Deals of Items,
Commissions, and Commission Exceptions.
The Parties advance thusly concur, recognize,
and confirm:
That following and detailing on
the Channels, of orders, Clicks, and deals of Items through
the Hyperlink and Voucher Code in conducted by the Company, by which
a cookie is dropped on the Customer’s browser to
track exchange back
to the Member and
by which the gadget ID
is utilized to
track exchanges produced from
the Channels.
The
Company credits a deal of
the Item to
the Member,
if the Member is
in the final position
of the Press chain going
before the buy of
that Item by
the Customer.
Treats dropped
for
the reason of arrange following of Items by Clients beneath Clause
might be substantial and accessible for
7 days thereafter.
All
orders for any Items on
the Channels are subject to acknowledgment or dismissal by
an authorized officer of Company at its domestic office
and to the endorsement of
the Company's credit office.
The Company should not
be committed to acknowledge any
orders from the Clients and
may dismiss such
orders in its entire and
sole tact,
with no obligation towards
the Associate for
such dismissals.
Nothing
in this Understanding might be understood to
constitute Member as
the accomplice,
joint wander, representative,
or operator of
the Company nor might either
Party have any specialist to tie the
other in any regard,
it being aiming that
each should stay an autonomous temporary
worker capable as
it were for
its claim actions.
The
Company and Member concur that amid the
Term of the Assention,
and any reestablishment thereof
and for a 01 (one) year period taking
after termination/expiration
of the Assention, not
one or the other Party should contract or lock
in or endeavor to contract or lock
in an worker of
the other or an free agent beneath contract
with the other Party, without to
begin with getting earlier composed endorsement from
the other Party. Both Parties concur that
the misfortune of
such worker or autonomous agent would
result in unsalvageable hurt and awards to
the other Party the right to look
for harms and
a directive in
a court of value or
other competent specialist to uphold its
rights hereunder.
Unless something
else indicated in
the Understanding,
all data traded amid the
course of the Assention (“Confidential
Information”) might be respected as private between
the Parties and might not
be uncovered to
any unauthorized individual or utilized by
the beneficiary other
than for the reason to
which it relates. Any authorized revelation to
another person(s) might be
on the same terms as to privacy as
contained in this clause. Parties thusly concur to
make accessible Secret Data as
it were to
those of their representatives who require to
have get to to
it for the purposes of this Assention and
to commit such representatives correspondingly
to the degree legitimately permissible.
In
case,
for the purposes of this Understanding,
a Party uncovers any Secret Data to
its representatives,
it might inform such representatives of
the private nature
thereof and make all fundamental endeavors and
take all safeguards to tie such representatives to
keep the Private Data entirely confidential.
Amid and
after the residency of
this Understanding if
any Secret Data is gotten by
a Party beneath or
by ideals of
this Assention the
same might be kept
up in
the strictest of certainty and
trust.
The taking
after revelations of
the other Party’s Private Data should not
be considered as
authorized and might not
be a breach of any of the privacy commitments beneath this
Clause 6:
a.
To comply with the required arrangements of pertinent law
or the rules of any recognized jurisdiction;
b.
The data is
in the open space,
other than through a breach of this clause;
c.
For the purposes of
any intervention or lawful procedures emerging from
this Understanding;
and
d.
To any legislative specialist at
their
request.
The commitment of secrecy and restricted utilize might survive end of
this Assention and proceed indeed after
the end or
expiry of this Assention.
The Partner should guarantee that
all person agents, faculty,
staff of the Partner that
are included in
the Affiliate’s execution of
its commitments beneath this Assention,
have the essential get
to to
any gear and civilities required
to empower the Associate to
perform its commitments beneath this Understanding (and
that the Company might not
be capable for giving the
same). The Partner will tirelessly give its
time and endeavors towards
the offering of
the Products.
The Associate might conduct
all of its execution of
its commitments beneath this Understanding,
in its possess title and
in such way as
it may see fit. The Associate should pay
all costs of
its office and exercises and
will be dependable for
the acts and costs of
its personnel/staff/representatives.
The Partner might not,
without the Company’s earlier composed endorsement,
make any representations or ensures concerning
the Items or acknowledge the
return of, or make any remittance for
such Products.
The Partner might stand by
Company’s approaches and
communicate same to the Customers.
The Member therefore speaks
to,
warrants and pledges that:
it
has full corporate control and specialist to
enter into this Agreement;
it
will not, by ethicalness of
entering into and performing this Assention,
be in infringement of
any legally
binding commitment it
owes to a third party or the Company beneath any
other assention,
or any term or arrangement of
any judgment or proclaim to
which it is a party or by which it is bound, nor beneath any legally
binding or legitimate commitment which might supersede
any of the Affiliate’s commitments beneath this
Agreement;
the execution by
the Member of
the Advancement of
the Channels required beneath this Assention does
not and will not abuse any pertinent law, run
the show or control or
any mental property
right of a third party;
it
will not utilize in
the execution of
its duties beneath this Assention any secret data or exchange insider
facts or mental property
of another individual or substance without
the fitting permit,
authorization, allow or
consent;
it
is gifted in
the proficient calling essential to
perform the Advancement of
the Channels and its obligations and commitments contained
herein;
it should perform
the Advancement of
the Channels in conformance to and reliable with appropriate law
and the measures by
and large recognized
as being utilized by experts in
the same teach on
an worldwide level
in an engagement of comparative scope,
complexity and duration;
The Member should not, beneath any
circumstances, do any of the following: show any joins,
materials, or other Company-related substance on
any site or
application that contains any explicit,
hate-related, realistic, rough or illicit substance,
or any substance that advances segregation based
on race, ethnicity, sex, religion, nationality, incapacity,
sexual introduction or
age;
offered for
any look motor placement/optimization/marketing utilizing the
term “Totalbazzar”, “Totalbazzar.com”, “Shop”, “shop.com”
or any variety or incorrect
spelling of
the terms “Totalbazzar” or “Shop”.
Show any
Company-related substance on
any site
that in any way disparages the Company, its associates or backups or
their items or administrations or encroaches on
any of the Company’s mental property
or other rights.
Copy, duplicate,
reverse-engineer, alter, alter,
truncate, or alter the
Company’s treats and/or following joins in
any way.
Cause, empower,
or support any exchanges to
be made with the Company that are not in great faith.
Conduct
any exercises related with
the Advancement of
the Channels that are in any
way untrustworthy and/or illicit and/or outlined to delude the
Customers.
enjoy in
any exercises that might,
in the Company’s judgment, reflect ineffectively on
the Company (and/or the
Company’s associate businesses, accomplices and related endeavors)
or something
else belittle or debase Company’s notoriety or
goodwill, or make any disarray among Clients between
Totalbazzar and any third party.
incorporate any mental property
of the Company or its partners,
or a variation or incorrect
spelling of
such mental property,
in any space title,
sub domain title,
or in any username, bunch title, mail address,
or social organize identifier,
or unauthorized utilize and/or alter the
Company’s title (or
any variation or incorrect
spelling thereof), Mental Property
Rights in any way whatsoever.
Utilize
any Company Substance to overhaul or make the
Affiliate’s possess database
of commerce postings data or utilize the
to construct an mail list
for the Affiliate’s possess (or
any third party’s) commercial purposes.
Make, unveil,
or offer any data or measurements around,
or perform any measurable investigation of
the Company’s content.
Lock
in in
cookie stuffing or false activity.
Cause
any program to
be downloaded or introduced on
a Customer’s frameworks,
without that Customer’s earlier agreed consent.
Not
set any treats unless
the Promoting Materials
are in unmistakable utilize on
that Associate Account
and permits the Client to particularly and deliberately Press on
the same. The Partner should not utilize layers,
add-ons, iFrames, pop- up, pop-under, site-under,
Auto-redirect notices which consequently divert the Client to Promoter websites
without the Customer’s engagement or activity (e.g. tap,
touch), cookie dropping, postview innovation, deceiving notices that
result in deluding Clicks
that show anticipated substance, should not
be allowed and
are entirely prohibited.
Not buy any Items from
any Channels through the Advancement,
nor through utilizing a
Hyperlink, nor through utilize of
any Voucher Codes connected to
the Advancement beneath this Understanding. Moreover,
no Commission should be
payable on any Net Deals produced through infringement of
this Clause 7.6.14, and any such infringement should constitute
a fabric breach
of this Agreement.
COMPANY Obligations AND Restrictions OF LIABILITY.
The
Company might be exclusively mindful for
the guaranteeing the show,
and supply of the Items,
and the venders posting the Items on
the Channels might be capable for
the plan, advancement, generation,
and execution of
its Items and
the assurance of
its exchange names.
The Company’s total risk towards
the Member beneath this Assention,
whether in contract, tort, or something
else should not surpass the sum of total Commission
paid to the Associate in
the 06 (six) months going
before such
claim.
The
Company should not, beneath any
circumstances, be obligated for
any disturbances, inaccessibility,
glitches, downtime or delays in usefulness of
its Channels, nor does the Company ensure, speak
to or
warrant in any way that the Channels should work free
of the same.
The
Company should not, beneath any
circumstances, be obligated to
the Associate for
any extraordinary, noteworthy, coincidental, correctional, commendable,
or circuitous costs
or harms, counting,
but
not restricted to, case costs, establishment and evacuation costs,
or misfortune of information, generation, benefit,
or commerce openings.
The Parties therefore concur, recognize and assert that the Company and its licensors hold all right, title, and intrigued in and to all Mental Property Rights related in and to the Channels and the Publicizing Materials. The logos and names are trademarks of the Company and are enrolled in certain wards. All other Item names, brand names, marks, logos, and images on the Channels may be the trademarks of their individual proprietors. But as explicitly expressed in this Understanding, nothing in the Assention confers any permit or possession to the Partner or any third party, beneath any of Company’s or any third party’s Mental Property Rights, whether by estoppel, suggestion, or something else.
The Partner should reimburse, protect, and hold safe Company, and its chiefs, officers, workers, agents, and specialists (each an “Indemnified Party”) from any and all claims, harms, liabilities, costs, misfortunes, and costs (counting, but not constrained to, sensible attorneys’ expenses and all related costs and costs) emerging from or relating to any claim, suit, continuing, request, or activity brought by the Member or any third party against an Repaid Party relating to: (a) distributing and/or utilize of the Promoting Fabric in any unauthorized way, or altering them or any portion thereof; (b) the Affiliate’s disappointment to comply with the Understanding; (c) Affiliate’s disappointment to comply with pertinent law(s) and/or regulation(s); (d) Affiliate’s carelessness, willful unfortunate behavior, or extortion; and (e) criticism, slander, infringement of protection rights, unjustifiable competition, or encroachment of Mental Property Rights or charges thereof to the degree caused by the Member.
This Assention might come
into full constrain and impact upon
the Affiliate’s acknowledgment of
this Understanding in
the way endorsed hereinabove,
and should proceed to stay substantial and
in constrain,
unless something
else ended in agreement with
this Understanding (“Term”).
Upon
the end of
this Understanding,
a last bookkeeping should be
made between the Parties. Company should keep
up an exact set
of books and records with
respect to Commissions
due to Partner taking
after the end of
this Assention. Taking
after end,
the Company should be
entitled to withhold Commissions collected up
to the viable date
of end for
a sensible period
after said Commissions gotten
to be due
and payable, to guarantee all comparing Commission Exceptions have
been accounted for earlier to
paying said Commission.
Upon end of
this Understanding,
the Partner is
entitled to Commissions on all orders requested earlier to
the successful date
of termination/expiration (which are not in
this way returned/refunded), notwithstanding of
when the Company acknowledges, solicitations,
or ships such orders. Partner might return, inside thirty
(30) days of end all Publicizing Materials,
as well as any other property of Company that the Partner is
holding.
This Understanding may
be ended for
the taking after reasons
only:
In
the occasion that
either Party should commit
an act of insolvency or record a deliberate appeal for liquidation,
or be announced bankrupt
in an automatic continuing,
or record for
a arrange beneath any Insolvency Act,
or put its issues in
the hand of a collector,
or enter into a composition for the advantage of leasers,
or perform any other act based upon or due to its lacking credit
position, at that point the
other portion to
the Understanding may end this Assention instantly by composed take
note of end to
the other Party.
Spare for
the arrangements beneath Clause
hereunder, ought to either
Party be in fabric breach
of its commitments and obligations beneath this Understanding, at
that point the
other Party may end this Understanding by
giving 7 days development composed take
note of end to
the other Party setting forward the fabric breach
upon which the end is
based. Be that as it may,
after accepting such take
note,
the Party getting same should have
7 days to remedy the charged breach.
If such breach is cured, at
that point the end take
note might stand pulled
back,
and this Assention might proceed.