This Zaxtra Affiliate Agreement (referred to hereinafter as “Agreement”) is a contract between you (referred to hereinafter as the “Affiliate”) as an affiliate (“Affiliate”, “You”) taking part in the Zaxtra Affiliate Program (referred to hereinafter as the “Affiliate Program”). Zaxtra or Zaxtra.com is a wholly-owned subsidiary of Mintware Ventures FZ-LLC, a UAE company, referred to as Zaxtra (“Zaxtra” or “We” or “Us”). This Agreement describes and defines all aspects of our business relationship and the modalities of how we will work together. It is mandatory for you to accept the terms of this agreement for us to work together. Your acceptance of the Agreement’s terms is provided through your signing up for the Affiliate Program. If you are unable or unwilling to accept the terms of this Agreement, kindly do not sign up for the Affiliate Program.
The Affiliate Program
- “Affiliate Program” is Zaxtra’s affiliate program as defined and described in this Agreement.
- “Affiliate Platform” is the online service provided by Zaxtra.com that allows Zaxtra to authorize Affiliates (defined hereinafter) to promote the products and services of Vendors (defined hereinafter).
- “Agreement” is this Zaxtra Affiliate Agreement and all the information and materials linked to or referred in here.
- “Affiliate” is a company, entity, or individual that registers or signs up for the Affiliate Program and consents to propagate and display Affiliate Links (defined hereinafter) to generate sales and earn Commissions (defined hereinafter).
- “Affiliate Link” or “Link” is a hyperlink unique to the Affiliate, and which the Affiliate places on their site(s) or promotes through other permissible channels (prohibited channels and methods have been defined hereinafter). The Link is clicked on by Affiliate Leads (defined hereinafter).
- “Affiliate Lead” is a prospective customer that clicks on Affiliate Links that are made available to the Affiliate through the Affiliate Dashboard (defined hereinafter).
- “Affiliate Dashboard” is the dashboard an Affiliate gets access to once successfully registering for the Affiliate Program. This dashboard displays key metrics relating to the promotion and sales activities of the Affiliates, including displaying the Commissions earned and Affiliate Links.
- “Commission” is the monetary amount the Affiliate earns on approved Sales (defined hereinafter) procured.
- “Customer” is the end-user or actual, allowed user of the Zaxtra product(s) and is an Affiliate Lead before purchasing the Zaxtra product(s).
- “Payment Processor” or “Zaxtra supported Payment Processor” or “Payment Processor supported by Zaxtra” is a financial company that processes payments of Sales and Commissions and other financial transactions for Zaxtra or ZaxtPay (defined hereinafter) as per Zaxtra’s requirement and in accordance with this Agreement
- “Product” is a Product offered by a Vendor (defined hereinafter) for promotion through the Affiliate Platform.
- “ZaxtPay” is the payment processing mechanism used to pay out your Commissions.
- “Sale” is the act of purchase of a product by a Customer on a Product listed on Zaxtra. In monetary terms, Sales procured and Revenue generated may be used in this Agreement interchangeably.
- “Service” or “The Service” Zaxtra is the operator of a program (the “Affiliate Program”) whereby Vendors (defined hereinafter) who have products or services to sell register with Zaxtra as part of the Affiliate Program to have Affiliates disseminate Links and otherwise engage in marketing the Vendor’s products or services.
- “Site” is the Zaxtra website at https://zaxtra.com
- “Vendor” is an individual person or entity that is authorized to participate in Zaxtra’s Affiliate Program following successful registration and agrees to pay a commission for approved Affiliates on approved Sales procured by Affiliates. The relationship between Zaxtra and the Vendor is as set forth in the Zaxtra Vendor Agreement.
- “We”, “Us”, “Our”, and “Zaxtra” is Zaxtra or Zaxtra.com, a wholly-owned subsidiary of Mintware Ventures FZ-LLC
- “You” and “Affiliate” is the entity other than Zaxtra and the Vendor, entering into this Agreement to participate in the Affiliate Program.
- "Parties" are the individuals and businesses participating in this Agreement.
The Affiliate Program is a program that Zaxtra runs whereby Affiliate Links are provided to Affiliates, who then use these Links to distribute and otherwise propagate and market Products listed on Zaxtra.
Zaxtra may, as a part of this Program, publish ratings for Vendors or Affiliates taking part in the Affiliate Program. We may base these ratings on information provided by the Vendor or the Affiliate as a part of registering for the Affiliate Program and on the sales performance of the Vendor or the Affiliate. Zaxtra, in its sole discretion, chooses the criteria for these ratings. By way of accepting this Agreement, You agree and acknowledge Zaxtra’s right to evaluate information that relates to You, and that We may publish this information on the Site. You further acknowledge and agree that in no event does Zaxtra guarantee or warrant accuracy, completeness, comprehensiveness, correctness, fitness for a particular use or purpose, or timeliness of any ratings on the Site, nor does Zaxtra guarantee or warrant any results or performance based on any particular ratings. Ratings such as these are provided solely as a tool to assist Affiliates in their decision-making process about which Products they would like to promote and to assist Vendors in their decision-making process about which Affiliates they may choose or deny to extend the right to promote their Products. The responsibility of choosing which Vendors and Products You choose to promote lies solely with You, as do the consequences of such determination. In no way shall any rating be deemed an endorsement by Zaxtra of any particular Vendor or Affiliate.
Further, You agree that you, either directly, or indirectly via an ad agency, broker, or any other person or entity will not intentionally solicit any Vendor. Zaxtra will promptly reply in writing to any inquiries received from Affiliate regarding the status of any person or entity as a Vendor registered with Zaxtra so as to aid Affiliate in its efforts to comply with the non-solicitation provisions of this Agreement. Because Affiliate's conduct will irreparably harm Zaxtra and Mintware and because the true extent of such harm will be impossible to quantify, monetary damages will not be an adequate remedy for any such conduct. Affiliate agrees that Zaxtra may be entitled to injunctive relief without the necessity of posting a bond or required demonstration of failure of monetary damages. Such injunctive relief is in addition to and not exclusive of all other rights and remedies available to Zaxtra. The ability to seek and obtain injunctive relief is a bargained-for provision of this Agreement.
Registration & Acceptance
- To take part in the Affiliate Program, You must complete an application. We will review your application and We will notify you if your application has been successful or not within thirty (30) days from your application. Should you not receive a notification from us that you have been accepted as an Affiliate in the above timeframe, then the application you have submitted is considered having not been approved by us.
- You must be a minimum of eighteen (18) years of age to qualify for participation in the Affiliate Program.
- Your application to the Affiliate Program requires your providing your name, a valid email address, and other information pertaining to how you plan on promoting Our Products.
- You are required to provide your own, valid information and not the information of another person or persons, which you may intend on using to misrepresent your true identity and impersonate another person. The information provided by you is, hence, required to be up-to-date, complete, and accurate.
- The terms of this Agreement will apply in totality once your application is successful, and you have been notified accordingly. The terms shall remain in effect until this Agreement is terminated.
- You are required to comply with the requirements of creating a Zaxtra payment processing account and linking this account to your payment processor in order for you to be paid out your Commissions through Our automated system.
- Your acceptance to the Affiliate Program, and your participation therein, does not imply, directly or otherwise, that you are accepted in Zaxtra’s or Mintware’s other programs such as the Mintware Partnership Program, Mintware Affiliate Program, Mintware’s Reseller programs of one or more of it Products. For participating in these programs, You will be required to apply for or acquire the right to be an Affiliate for those programs as per their requirements and procedures.
- You extend the right to Zaxtra to communicate with you on the email address provided by you for matters concerning the Affiliate Program. This could include, but may not be limited to, information about changes to the Affiliate Program, changes to the Site, or to one or more of our policies affecting the Affiliate Program.
In no way does this Agreement create a working arrangement between You and Us that is exclusive in natures. The right to work with other entities, be they affiliates or other partners, or to recommend Products or any services similar to the ones defined in this Agreement will be retained by both You and Us.
Payment Processors and Payment Processing Accounts
- Your eligibility to earn Commission is based on Affiliate Leads clicking on Your Affiliate Links made available to you by Us.
- For an Affiliate Lead to be valid based on our reasonable determination, the Affiliate Lead will have to be
- a new Zaxtra customer
- not engaged in an active, ongoing sales process for the same Product as the Affiliate Link provided to the Affiliate Lead by You at the time of clicking Your Affiliate Link, or 90 days prior (as they might have been referred by another affiliate) Based on our reasonable discretion, Zaxtra reserves the right to not accept an Affiliate Lead as a customer, notwithstanding the foregoing,
- Subject to your continuing to being eligible to receive Commissions pursuant to the terms laid out in this Agreement, you will be paid a commission on every purchase that is made by an Affiliate Lead using your Affiliate Link.
- The commission will depend on your Affiliate Level
- Silver Affiliate: 30% of the Sale value, paid out 28 days after the sale was made
- Gold Affiliate: 40% of the Sale value, paid out 14 days after the sale was made
- Platinum Affiliate: 50% of the Sale value, paid out 7 days after the sale was made In countries where a tax is levied on the purchase, the pre-tax sales value will be the basis of paying out your Commission.
- After an Affiliate Lead lands on the sales pages of our Product(s), you are entitled to be paid out a Commission if the Affiliate Lead buys the Product and becomes a Customer within 90 days of first visiting the sale page after clicking on Your Affiliate Link.
- The threshold for payment is $100, intending to keep the number of transactions between You and Us an optimum.
- The eligibility to receive compensation from us, be it for Commissions or any other financial transaction is not given if:
- this compensation is not permitted or limited by the regulations and legal framework of the area of your jurisdiction;
- there is an underlying violation of the Affiliate Program, including, but not limited to, fraudulent means of converting an Affiliate Lead to a Customer, inappropriate use of the Affiliate Link made available to you, etc;
- the Customer does not pay Us for the purchase;
- the Customer expressly prohibits Us from making such payments, or objects to Us doing so;
- the Customer engages in compensating you directly and informs us of the same
- You are responsible for any and all tax obligations that need to be met for the Commission payments made to you
Prohibited Promotion Methods, Content, Products, Websites and Spamming
- You must be successfully registered and will be required to have created an account with a Payment Processor supported by Zaxtra supporting such payment method which includes supplying all information required by such a Payment Processor to be eligible to participate in the Affiliate Program. The responsibility lies solely with You for being in compliance with any and all registration requirements and modalities with such Payment Processor and for otherwise complying with all applicable terms and conditions stated on the website of the Payment Processor. Further, You must complete the necessary processes to ensure the proper linkage of Your Zaxtra supported payment processing account to the Zaxtra payment system. Failure to properly link Your Zaxtra supported payment processing account to the Zaxtra payment system may be grounds for termination of Your Zaxtra Account and Your participation in the Affiliate Program, as Zaxtra determines in its sole and absolute discretion.
- Eligibility to take part in the Affiliate Program using ZaxtPay requires You to register and create an account with a Payment Processor supported by ZaxtPay which includes supplying all information required by such Payment Processor supported by ZaxtPay. You are responsible for complying with all requirements for registration with such ZaxtPay supported payment processor and for otherwise complying with all applicable terms and conditions set forth on the ZaxtPay supported payment processor's website. In addition, You must complete the required processes to link Your ZaxtPay supported payment processing account to the Zaxtra payment system. Failure to properly link Your ZaxtPay supported payment processing account to the ZaxtPay payment system may be grounds for termination of Your ability to utilize ZaxtPay, as Zaxtra determines in its sole and absolute discretion.
- In no event shall Zaxtra be responsible for ensuring proper registration with Your Payment Processor for Zaxtra or ZaxtPay, for proper linking to the Zaxtra payment system, or proper payment of any sums under this Agreement. Each payment through the Affiliate Program is required to be processed through a Payment Processor supported by Zaxtra, using Your Zaxtra supported payment processing account, or through a Payment Processor supported by ZaxtPay, using Your ZaxtPay supported payment processing account, and are subject to all terms and conditions provided on the Payment Processor’s website. You are solely responsible for ensuring proper receipt of payments. In no event does Zaxtra make any representations or warranties of any kind relating to the supported payment processor's website, Your Zaxtra supported payment processing account, your ZaxtPay supported payment processing account, or any payments through such account(s); nor is Zaxtra liable in any way for any error or omission on the part of any Zaxtra supported payment processor or ZaxtPay supported payment processor.
As an Affiliate, you are required to conduct ethical and clean promotions. This specifically entails the exclusion of methods of promoting Affiliate Links that involve using advertisements, websites, or any other material that engage in, contain, or promote any of the following:
- Pornography, or content that can be deemed to be explicit from a sexual perspective;
- Substance abuse or narcotics;
- Violence, including but not limited to firearms or other weapons, or discord of any kind;
- Intellectual Property or Trademark violation;
- Black-hat methods or hacking;
- Illegal activities of any kind;
- Discrimination in any form, be it based on gender, religious faith, sexual orientation, race, age or any other kind;
- Violation of this Affiliate Agreement or terms of the Site.
In Zaxtra’s sole discretion, the Affiliate may be prohibited by Zaxtra from using any particular advertisement, website or any other promotion channel or method based upon Our reasonable judgment.
Zaxtra aspires to help Affiliates maximizes their sales and Commissions. In this spirit, we may provide You training material, marketing material and other resources aimed at helping you optimize your affiliate activities. We will make these available to you free-of-cost as a part of the Affiliate Program. Further, we reserve the right to change any or all benefits such as training extended as a part of the Affiliate program, or discontinue extending these benefits altogether without prior notice and at any time.
Trademarks, License, and Proprietary Rights
- As part of this Agreement, Zaxtra is granted by You a royalty-free right to display and use your trademarks, service marks and any logos. We further understand this right to be non-exclusive and also not transferable to anyone else without your written consent.
- The event(s) of any use of the Zaxtra logo or Trademark by you must
- ensure that it is proper and, that there is no distortion, change of color or shape or proportional size of any kind;
- only use the images we make available to you upon your request;
- use the logo and our trademark only in connection with the Affiliate Program;
- discontinue using our trademark or logo if advised by us to do so.
- While using Our logo or Trademark, you must NOT
- use it such that it incorrectly implies endorsement, sponsorship, affiliation, or direct or indirect approval by Us of you or your products or services;
- combine our logo or trademark with other trademarks, names, logos, graphics, or words
- use it such that it is likely to cause confusion
- The Affiliate is granted a right to use and host a Link to the Site. This right is, in the nature of things, non-transferable, non-exclusive, revocable, non-sub-licensable and limited.
- You further accept that You do not have, nor will you claim any right, title or interest in Zaxtra’s Products proprietary software. This Agreement does not grant any license to Zaxtra’s Products of any sort to the Affiliate, other than the possibility to promote these Products as per the terms of this Agreement.
“Confidential Information”, as used herein, is all information disclosed by one party (“Disclosing Party”) to the other party (“Receiving Party”). Each party may, in the course of this Agreement, have access to such information. Except to the extent to which required by law, each party agrees to not disclose Confidential Information to any other party without the prior and written consent of the other party. Further,
- You agree that the information provided by You as part of your application and registration to the Affiliate Program, or thereafter as data, request or other information provided to Us by You may be relied upon by Us to be authentic and be sent by a person to be You or be someone authorized to take action on your behalf.
- The responsibility of maintaining the confidentiality of your account rests solely with You. You are also required to notify Zaxtra by email of any unauthorized access or use - known or suspected - of your account, including but not limited to unauthorized disclosure, loss or theft of your account access credentials, or of any suspected security breach at support[at]Zaxtra.com
Representations and Warranties
Affiliate Representation: You warrant and represent that:
- All the sufficient and necessary permissions and rights to be a part of the Affiliate Program are held by You;
- The rights to allow us to use your logos or trademarks are owned by you;
- You will not engage in inappropriate practices like cookie-stuffing, lazy-loading, pop-ups, or other such methods
- Your websites and other channels used to distribute Affiliate Links comply with local and national laws
- Your website and media used do not contain or promote activities as the ones stated in the 6) Prohibited Promotion Methods, Content, Products, Websites and Spamming section of this Agreement
- You will not deploy any methods that lead to the masking of the referring URL
- To purchase Zaxtra Products You will not use your own Affiliate Links
- You will not violate the terms of any thrid party website for gains of commercial nature
You will, at your expense, indemnify, defend, and hold Zaxtra, Our founders, Our employees, affiliates, licensors, agents, directors, assigns and successors harmless from and against any suit, claim, action or proceeding, damages, liability, costs, and expenses (including reasonable attorneys’ expenses and fees) (referred to collectively as “Claims”) brought against Zaxtra (and our officers, directors, employees, agents, service providers, licensors and affiliates) by a third party not affiliated with us to the extent that such Claims are based upon
- Your being a part of this Affiliate Program, and your participation in it,
- Any use by Us of the prospect data you provide us,
- Any breach or noncompliance of this Agreement on Your part,
- The use of the Affiliate Dashboard by You, or
- The use of Affiliate Marks provided by You or related parties by Us.
We will: notify you in writing within thirty (30) days of our noticing any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and help reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that
- imposes an obligation on us;
- requires us to make an admission; or
- imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
You hereby acknowledge that you will notify Zaxtra immediately of any legal action by a third party - irrespective of whether this is current/ongoing, impending or potential - should it, in any way, concern Zaxtra.
Limitations of Liability; Disclaimers
- Disclaimer of Warranties: NO WARRANTIES OR REPRESENTATIONS OF ANY KIND OR FOR OR SPECIFIC OR GENERAL USE-CASE OR PURPOSE ARE MADE BY ZAXTRA OR OUR AFFILIATED COMPANIES ABOUT THE
- USE-CASE APPLICABILITY OR FITNESS FOR A SPECIFIC PURPOSE
- SECURITY, IN THAT THE SECURITY INFRASTRUCTURE DEPLOYED BY ZAXTRA WILL SUFFICE AGAINST ANY KIND OF ATTACK AND UNDER ALL CIRCUMSTANCES, OR
- MALICIOUS NATURE OF SOFTWARE, WHICH IS PURELY UNINTENDED, IN THAT THERE ARE NO COMPUTER VIRUSES OR OTHER HARMFUL CONSTITUENTS THEREIN
OF ZAXTRA PRODUCTS, THE AFFILIATE PROGRAM, THE AFFILIATE DASHBOARD OR ZAXTRA CONTENT. ZAXTRA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING AND WITHOUT LIMITATION, ANY WARRANTIES RESULTING THEREOF. IN NO WAY SHALL ZAXTRA BE LIABLE FOR ANY DAMAGES OR ANY KIND ARISING FROM, BUT NOT LIMITED TO, THE FOLLOWING
- YOUR PARTICIPATION IN THE AFFILIATE PROGRAM
- YOUR ZAXTRA SUPPORTED PAYMENT PROCESSING ACCOUNT, YOUR MINTPAY SUPPORTED PAYMENT PROCESSING ACCOUNT, OR
- OMMISSIONS OR ACTS ON PART OF ANY PAYMENT PROCESSOR.
ZAXTRA’S SITE, PRODUCTS, SERVICES, THE AFFILIATE DASHBOARD, THE APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES DUE TO THE NATURE OF THE INTERNET AND ITS AVAILABILITY AND ACCESSIBILITY. THIS APPLIES IN EQUAL MEASURE TO THE SITES, PRODUCTS, SERVICES, AND APPLICATION PROGRAMMING INTERFACES (APIs) OF THE PAYMENT PROCESSORS OR ANY OTHER SERVICES DEFINED HEREIN. ZAXTRA’S SITE, PRODUCTS, SERVICES, THE AFFILIATE DASHBOARD, THE APPLICATION PROGRAMMING INTERFACES (APIs) ARE PROVIDED “AS IS”, WITHOUT ANY WARRANTY OF ANY KIND. FURTHER, NO WARRANTIES, NEITHER EXPRESSED NOR IMPLIED, ARE MADE BY ZAXTRA, EITHER BY OPERATION OF LAW OR OTHERWISE. OMMISSIONS OR ACTS ON PART OF ANY PAYMENT PROCESSOR.
- No Indirect Damages: EITHER PARTY SHALL IN NO EVENT BE LIABLE - TO THE EXTENT PERMISSIBLE BY LAW - FOR ANY CONSEQUENTIAL, PUNITIVE OR INDIRECT DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY LOST CUSTOMERS, PROFITS OR BUSINESS OPPORTUNITIES.
- Limitation of Liability: ZAXTRA’S LIABILITY AND AFFILIATE’S REMEDIES ARE LIMITED SOLELY TO THOSE DEFINED IN THIS AGREEMENT. IN THE EVENT WE ARE, THE OTHERS TERMS OUTLINED IN THIS AGREEMENT NOTWITHSTANDING, DETERMINED TO YOU OR ANY THIRD PARTY, THE PARTIES HEREBY AGREE THAT OUR AGGREGATE LIABILITY WILL BE LIMITED TO, AND SHALL NOT EXCEED, THE LESSER OF:
- THE MONETARY AMOUNT IN COMMISSION FEE, PURSUANT TO THIS AGREEMENT, EARNED BY YOU DURING THE PAST SIX (6) MONTHS PRECEDING THE CLAIM;
- $500 (FIVE HUNDRED US DOLLARS ONLY)
- Cookie Duration: THE VALIDITY AND DURATION OF THE COOKIES USED AS A PART OF THIS AFFILIATE PROGRAM IS 90 DAYS. ZAXTRA IS NOT RESPONSIBLE FOR ANY LOSS OF COMMISSION ON YOUR PART IF POTENTIAL CUSTOMERS CLEAR THEIR COOKIES WITHIN THE 90-DAY DURATION.
An act of Force Majeure is said to have happened if such be the act of fire, natural disaster, acts of government, accident, riots & public uprising and rebellion, or any other can that can be termed as the act of God as beyond the control of the entities - individuals or business organizations - that are participants of this Agreement. In the event of such an act, no party participating in this Agreement shall be deemed to be in default or violation of this Agreement to the extent of carrying out its task, its performance, or any delay or prevention.
- Amendment: Upon our discretion, we may modify or update this Agreement in its entirety, or in part. The updated version of this agreement will be available for viewing on Zaxtra’s website. Consent to an updated version of the Agreement will be taken from you through the Affiliate Dashboard. You will also be informed by email by us when an updated version is released, in so far as you have not, as a conscious effort on your part, unsubscribed from received updates from us by email. In any event, further transactions in the Affiliate Dashboard and any payout of commissions to you will be subject to your having agreed upon the updated agreement. The “Last Modified” date at the beginning of this Agreement will reflect the date when this Agreement was modified and the updated version of the Agreement will be binding thereafter. You are advised to review this Agreement in light of any changes periodically, and you are required to review and agree to the updated Terms of the agreements when they become available.
- Term: This Agreement shall become effective upon Your Affiliate Application being accepted by Us. The Agreement shall remain effective until it is terminated by either You or Us. This Agreement may be terminated by either You or Us at any time, and without the requirement of any cause or notice to be provided by one party to the other. A written notice of termination will be required to be provided by the terminating party to the terminated party.
- Termination: Should you do not agree to the Agreement in part or in full, or to any update, amendment or modification, then you can terminate the agreement as outlined in this Agreement above.
- Waiver: No waiver by either You or Us or any breach of any of the Agreement’s provisions shall be deemed a waiver. Further, such instance will also not be deemed a waiver for any future or prior breach of the same, or of any other, provision of this Agreement. Any delay in exercising any right or remedy, or a failure to object shall constitute to be a waiver of such right or remedy or any other right or remedy.
- Assignment: The rights the Affiliate has under this Agreement may not be assigned by the Affiliate to anyone else without the written and prior consent of Zaxtra. Further, Zaxtra reserves the right to withhold this consent for any reason.
- Applicable Law: This Agreement shall be governed by the laws of the United Arab Emirates. The exclusive venue of any action or dispute initiated by either You or Us in connection with this Agreement or any other dispute between You and Us will be the courts of the United Arab Emirates.
- Relationship of the Parties: You and we both agree that this Agreement does not constitute to create, directly or indirectly, a relationship of, but not limited to, agency, joint venture, partnership or employment. No such relationship is created by way of this Agreement. Neither Zaxtra nor any of Zaxtra’s employees, contractors or agents (referred to collectively hereinafter as “Employees”) shall be considered an employee, legal representative, contractor or agent of the Affiliate. Further, Employees will also not have any mandate or authority, implicitly or otherwise, to represent the Affiliate or enter into any business dealings, contracts or negotiations with them.
- Severability: In the event any part of this Agreement is determined to be invalid or unenforceable by applicable law, such invalid and unenforceable part will be deemed applicable to the maximum extent permissible by law, or be entirely superseded by a valid, relevant and enforceable provision that most closely matches the intent and spirit of the original, invalid and unenforceable provision. The remainder of the Agreement shall remain valid and continue to be in effect.
- Compliance with Applicable Laws: You agree that you will be in compliance - and you shall also ensure the compliance by any third party acting on your behalf to perform sales or referral activities of any kind - with all laws, be these regional, national, international or foreign, which include, but are not limited to, laws applicable to email marketing, sending of unsolicited emails, anti-spam laws etc., any relevant regulations enforced by one or more governments, ordinances, or any judicial administrative orders.
- Ethical Marketing & Business Practices: You will be in strict compliance of ethical business practices and will not engage in misleading activities or misrepresentations of any kind that might be detrimental to you or to Us. You will not engage in spamming of any kind. This includes cheap traffic methods such as Ad Fly, Traffic Monsoon etc. Your Affiliate status will be revoked and this Agreement terminated if you deploy any of the methods. No exceptions. Affiliates are required to NOT use negative words such as 'scam' in any promotional campaign for this product. Should Your failure to do so come to Our notice, Your Affiliate account will be removed from Our system and this Agreement will be terminated. You are required to NOT offer cash incentives (such as rebates) to Affiliate Leads who might buy through your Affiliate Link. You are required to NOT misrepresent the product/features. We run a legitimate business, which means that we accurately illustrate and represent Our product(s) and the(ir) features and benefits to Customers. You are required to ensure that You do the same. If found using misleading claims, false testimonials, inaccurate claims or information - more broadly, anything that does not comply with the FTC, GDPR or sanctions programs administered by the Office of Foreign Assets Control (OFAC) - will lead to your Account revoked instantaneously. As stated previously in this Agreement, applying to promote merely to do a "self-buy" is strictly against Our rules. You cannot earn a commission on Your own purchase. Should this come to Our notice, we reserve the right to terminate Your Affiliate account with us and cancel - without recourse - the commission earned. If found to be in violation of the above, you will be terminated from the program and provide consent that any commissions will be forfeited without recourse.
- Notices: Any notice, communication or statement concerning matters outlined and defined by this Agreement shall need to be submitted in writing to
Zaxtra c/o Mintware Ventures FZ-LLC
38 Tacoma Street,
San Francisco, CA 94118
Attn: Madhav Dutta & Dr. Sameer Joshi