Terms of Service
Last Updated on July 08, 2020
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND CONDITIONS OF USE & SERVICE BEFORE ACCESSING, USING, OR SUBSCRIBING OR PLACING AN ORDER OVER PARTNERSHIP.ZBANX.COM OR OTHER OF OUR SITES WHICH LINK TO THESE TERMS. BY VISITING, USING, SUBSCRIBING THE WEBSITE YOU ACKNOWLEDGE AND AGREE TO ACCEPT THESE TERMS AND CONDITIONS.
In these Terms of Service, the following expressions have the following meanings:
|ZBANX Partnership||the public marketing and sales partnership program set up by ZBANX for multiple merchants.|
|Merchant||an entity purchasing marketing, advertising or sales services from ZBANX directly or through an agent.|
|Partner||a site or an individual that has been approved to join ZBANX Partnership Program, and is rewarded for a legitimate sale, lead, click, or other measurable action.|
|Services||The services provided by ZBANX Partnership to Merchant and Partner under the terms of the Agreement.|
|Tracking||The technology developed by ZBANX and used in the ZBANX PARTNERSHIP Program to monitor Transactions.|
|Transaction||The action entitling the Partner and ZBANX Partnership to a commission, as specified in the Service Order.|
|Click||occurs when an internet user clicks through a Link that a marketing partner has placed for a Merchant.|
|Link||means a hyperlink placed on a marketing partner's site that, when clicked on, serves Your Web site to the Visitor's browser. The Link may be in the form of text, a product image, a button, a banner or any other format acceptable to You, and defined only through Your program on PARTNERSHIP.ZBANX.COM.|
|Visitor||means any person, or user that clicks on a Link to a Merchant’s website placed on an Marketing Partner's website.|
|Sale Commission||means the Payout the Merchant agrees to pay for Visitors referred to the Merchant’s website that results in a sale of a product or service within the defined cookie lasting period.|
|Commission||means the amount sale commission, lead commission, click commission or CPA commission established and agreed upon by Partnership.ZBANX.COM and the Merchant. The Commission may be expressed as a set amount or as a percent of sales.|
|VOID||means a reversal of a Payout previously earned for a sale, lead, click or a marketing action that is later rescinded or corrected by Merchant. Merchant may VOID transactions that are fraudulent, or in the case of returned merchandise, duplicate transactions, or other valid reasons.|
|Tracking Code||means a small piece of HTML code given to the Partner and the Merchant by PARTNERSHIP.ZBANX.COM to provide the Service.|
|Service Order||The Service Order specifying key commercials for the services provided by ZBANX Partnership Program to Merchant.|
|Contact Person||A person specified in the Service Order, engaged or employed by Merchant with the authority to act on behalf of Merchant in relation to the Services, including the authority to approve or reject a Partner’s application and to terminate the partnership with a Partner.|
2. WEBSITE USE
ZBANX Partnership Program is intended for businesses operated by adults. By visiting and using the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
3. THE SERVICE
ZBANX Partnership, as a marketing partnership network provider, has developed, operates and provides a service which allows Merchant to run and/or participate in performance based marketing programs (the “Service”). Merchant utilize the Service and build up partnerships with global marketing partners. All relationships established between the Merchant, and the Partner under this Agreement through ZBANX Partnership Program, will be conducted and managed through the Service.
Merchant agrees to provide ZBANX Partnership with all information, support and co-operation that may be reasonably required to enable ZBANX Partnership to carry out its obligations under this Agreement.
Merchant undertakes to, in accordance with instructions and with assistance from ZBANX Partnership, implement the Tracking on the websites of Merchant covered by this Agreement, including the mobile versions and understands and acknowledges that a correct implementation of Tracking is imperative for the Services.
Merchant do not send emails or messages that may be considered junk mail, and do not engage in spamming.
At all times, Merchant must maintain a positive balance on their ZBANX Partnership account which is used to pay marketing Partners for commissions generated. If Merchant's account balance falls below $0, all links will cease to function until such time that the Merchant is able to make a deposit into the account. ZBANX Partnership will notify the Merchant via Email or telephone to make a deposit when the balance goes below a certain amount. ZBANX Partnership algorithm calculates and set a specific balance warning value to every single Merchant.
5. CONTACT PERSON
Merchant shall appoint at least one Contact Person in the Service Oder, and ensure the Contact Person is available during normal working hours. Any change in respect o a Contact Person shall promptly be communicated to ZBANX Partnership.
6. MARKETING PARTNERS
By registering with Partnership.ZBANX.COM, marketing Partners warrants, that the data provided at registration is correct and complete. Should the data provided at registration change at any time after the registration, the marketing Partner must change his profile stored on the ZBANX Partnership interface.
Marketing Partners undertakes to keep the access data selected at registration (e-mail address and password) confidential, not to communicate such data to third parties and keep such data away from third parties.
Marketing Partners do not send emails or messages that may be considered junk mail, and do not engage in spamming.
Always include a working “unsubscribe” mechanism in each marketing electronic communication that allows the recipient to opt out from your mailing list (receipt/transactional messages that are exempt from “unsubscribe” requirements of applicable law are exempt from this requirement).
7. TRACKING CODE
Should the necessary Tracking Code be found missing or removed from the Merchant site, ZBANX Partnership will notify the Merchant via email and telephone in order to rectify the situation. Merchant needs to correct the problem within 7 days and will notify ZBANX Partnership when the corrections have been made. After 7 days, ZBANX Partnership will have the right to terminate this agreement and in such event the Merchant would forfeit the remaining Balance in their Account.
8. Payment Terms
ZBANX Partnership will pay the marketing Partner commission for a given month, minus any charge backs, and pending payments from Merchants. Charge backs beyond the cookie period will not be minus from the commission.
If the amount of the Publisher Revenue is less than US$25 (excluding any VAT element if appropriate) in any month (the “Minimum Threshold”), any such amount will be carried over and paid when the cumulative amount due for payment to the Publisher exceeds the Minimum Threshold.
While ZBANX Partnership is responsible for the cost of making payments, the marketing Partner is solely responsible for any fees charged by the Partner’s bank or other provider for receiving funds.
Unless otherwise agreed, Merchant shall market the ZBANX PARTNERSHIP Program on the home page of its web site and provide a link to PARTNERSHIP.ZBANX.COM’s web site where a potential marketing partner can apply.
9. ZBANX Partnership Program Compliance Requirements
Merchants and Marketing Partners must comply with all laws, both U.S., EU, and global, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws, telemarketing laws, laws governing testimonials, and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws; and are solely responsible for their web site(s) and products or services sold on the web site(s) as well as the content and lay-out of the Partnership program and the activities thereunder, and shall ensure compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.
ZBANX PARTNERSHIP PROGRAM, OUR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND ANY THIRD PARTY PROVIDERS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY DATA OR CONTENT PROVIDED ON THIS SITE, ANY PRODUCTS AND SERVICES OFFERED ON ZBANX PARTNERSHIP PROGRAM, ANY SPECIAL LINKS, DATA FEED, PRODUCT ADVERTISING CONTENT, TRADEMARKS AND LOGOS, AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT, AND OTHER INTELLECTUAL PROPERTY RIGHTS, INFORMATION AND CONTENT PROVIDED OR USED BY OR ON BEHALF OF US OR OUR PARTNERS, ALL OF WHICH ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. ZBANX PARTNERSHIP AND ANY THIRD-PARTY PROVIDERS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM, TO THE FULLEST EXTENT PROVIDED BY LAW, ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM COURSE OF DEALING OR USAGE OF TRADE. NEITHER ZBANX PARTNERSHIP NOR ANY THIRD-PARTY PROVIDERS WARRANT THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM ZBANX PARTNERSHIP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE NOR ANY OF OUR PARTNERS OR LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, VIRUSES, MALICIOUS SOFTWARE, OR SERVICE INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES OR (B) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.
11. Limitations on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, ZBANX PARTNERSHIP, OUR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS OR ANY THIRD PARTY PROVIDERS ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY LOSS OF REVENUE, PROFITS, GOODWILL, DATA, USE, OR DAMAGES CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM THE SITE.
IN NO EVENT SHALL ZBANX PARTNERSHIP, OUR EMPLOYEES, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS OR ANY THIRD PARTY PROVIDERS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, LOSS OF REVENUE, PROFITS, BUSINESS, SALES, SAVINGS, BUSINESS OPPORTUNITY, GOODWILL OR REPUTATION, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, STRICT LIABILITY OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF OUR SITE OR CONTENT, OR ANY FAILURE OR DELAY OR THE PERFORMANCE OR NONPERFORMANCE BY ZBANX PARTNERSHIP OR ANY THIRD PARTY PROVIDERS, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZBANX PARTNERSHIP, OUR EMPLOYEES, AGENTS OR ANY THIRD PARTY PROVIDERS WILL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE CREATION, MAINTENANCE, OR OPERATION OF YOUR SITE (INCLUDING YOUR USE OF ANY SERVICE OFFERING) OR YOUR VIOLATION OF THIS AGREEMENT, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR EMPLOYEES, OFFICERS, DIRECTORS, AND REPRESENTATIVES, AGENTS OR ANY THIRD PARTY PROVIDERS, HARMLESS FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING ATTORNEYS’ FEES) RELATING TO: (A) THE MERCHANTS OR THE MARKETING PARTNERS’ WEBSITES INFRINGE THE INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY; (B) THE MERCHANTS OR THE MARKETING PARTNERS ARE IN BREACH OF THEIR OBLIGATIONS UNDER THE TERMS OF THE AGREEMENT; (C) YOUR USE OF ANY SERVICE OFFERING, WHETHER OR NOT SUCH USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (D) MERCHANTS OR MARKETING PARTNERS OR THEIR EMPLOYEES' OR CONTRACTORS’ NEGLIGENCE OR WILLFUL MISCONDUCT.
ZBANX Partnership may modify all or any part of this Agreement, at any time and at its sole discretion, effective immediately upon notice published on the ZBANX Partnership Web Site. Continued participation in the Service after receiving notice of such modification will constitute the Partners and Merchants’ unconditional acceptance of the modification to this Agreement.
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