This Marketing Agreement contains the complete terms and conditions that apply to an individuals or entities participation in
Oud & Perfumes World Marketing Program. As used in this Agreement, "we" means
Oud & Perfumes World and its operators and "you" means the individual or entity which applied as the "BENEFICIARY" for payment purposes on our online signup form.
I. GENERAL
1.1 By linking to Oud & Perfumes World, YOU AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT.
Oud & Perfumes World and its operators will automatically become counter-party to this Agreement.
1.2 IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN YOU MUST NOT LINK TO
Oud & Perfumes World.
II. DEFINITIONS
2.1 "Site" means Oud & Perfumes World website located at
http://www.perfumes-world.com and its related pages.
2.2 "Tracker(s)" means the unique tracking URL that we provide exclusively to you, during the term of this Agreement, through which we track your efforts and calculate your Marketing Fees.
2.3 "Banners and Text Links" means the graphical artwork or text that will be directed to our Sites home page at
http://www.perfumes-world.com , through your Tracker, to permit a purchaser to hyperlink from your website to our Site.
2.4 "Purchase(s)" means funds transferred by customer to their Site account.
2.5 "Net Revenue" will mean the sum of Purchases less Redeems generated on your Tracker(s) based solely on our log files.
2.8 "Marketing Fees" is the percentage of Net Revenue due and payable to you, when you sale reach
500.00 SAR or more. Based solely on our systems data.
2.9 "Spam" means emails and messages that are sent by you, directly or indirectly, which: 1), contain false or misleading statements; 2), do not truthfully identify the source or the originating IP Address; or 3), do not contain an online and real time Remove option.
2.10 "Fraud Traffic" means Purchases or traffic generated at the Site through illegal means or in bad faith to defraud the system, regardless of whether or not it actually causes us harm. Fraud Traffic includes but is not limited to Spam, false advertising and unauthorized use of any third party copyrights or trademarks.
III. TERMS & CONDITIONS
3.1 Costs. Costs include any costs incurred in obtaining items for sale and the administration of transfer to customers. Items which amount to costs will therefore include, all bank charges such as credit card commissions and admin charges, purchases of stock, delivery to our premises, storage, packing, re-delivery to customers and postage and any other costs that may be incurred in this process.
3.2 Identity and Disclosure. You must provide true and complete information to us at all times; including but not limited to, your identity, contact information, payment instructions, nationality, residency, location of Banners and Text Links and any other information that we may request from time to time.
3.3 Marketing Activities. You will, at your own cost and expense, establish Banners and Text Links to our Sites home page at
http://www.perfumes-world.com. We will provide you the guidelines, graphical artwork and permitted text to use in linking to our home page. To permit accurate tracking, reporting and Marketing Fee accrual, we will provide you with a unique Tracker for your use only. It is your responsibility to test that you have linked up correctly as we are not liable for your failure to link up properly.
3.4 Multiple Trackers. You may have more than one Tracker, just ask us to supply you more trackers by sending an email to
sales@perfumes-world.com . If you have activated more than one Tracker by submitting more than one application, then please let us know at
sales@perfumes-world.com so we can consolidate our records and simplify the reports and payments for you.
3.5 Commercial Use Only. This Marketing opportunity is for commercial use only, and you may not make purchases, directly or indirectly, through your Tracker for your own personal use or to fraudulently increase the Marketing Fees payables to you. If you wish to make test transactions to evaluate the system, including Purchases, please contact
sales@perfumes-world.com so we can refund the charges once you have completed your testing. Transactions made in violation of this provision will be deemed Fraud Traffic and we will deduct such Purchases or traffic from your Marketing Fees.
3.6 Responsible Marketing. You will be solely responsible for your own websites and for the material appearing on them. You represent and warrant that you will not place Banners or Text Links to us on any website that contains any material which is libelous, unlawful or otherwise unsuitable. Unsuitable sites include but are not limited to websites which target persons under 21 years of age, display child pornography or other illegal acts, promote violence, promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, promote illegal activities and/or violate the intellectual property rights of others.
3.7 Good Faith Marketing. You will not knowingly or unknowingly benefit from known or suspected Fraud Traffic. Even if you did not knowingly generate the Fraud Traffic, we reserve the right to withhold the amount generated by the Fraud Traffic from your Marketing Fees.
3.8 Approved Banners and Text Links. We will make available to you graphic images and text for purposes of linking
Customers from your website to our home page through your Tracker. These pre approved Banners and Text Links are available at our banner page or from
sales@perfumes-world.com. You may NOT modify these graphic images or text, or any other of our images, in any way. All Banners and Text Link MUST BE SERVERED UP FROM YOUR OWN WEBSITES and NOT OURS or you will not be paid. You may not issue any press release with respect to this Agreement or your participation in this marketing program without our prior written consent.
3.9 Intellectual Property Rights and License. During the term of this Agreement only, we grant you a terminable, non exclusive, non transferable right to use the Banners and Text Links described in Section 3.7 above SOLELY for connecting customers to us through your Tracker. You may not take any action that may alter our rights in our marks, render the same or otherwise weaken the validity and good will of our marks.
3.91 Indemnification. You will defend, indemnify and hold us and our officers, directors, employees and representative harmless from and against any and all liabilities, losses, damages and costs, resulting from or arising from, your breach of this Agreement.
IV. Reports & Payments
4.1 Reports. We will track and report activities as necessary to summarize activity for purposes of calculating your Marketing Fees. The form, content and frequency of the reports may vary from time to time in our sole discretion. Generally, you will be provided with remote, unique password protected, online access to the total number and
riyal amount of all Purchases and Redeems, per each of your Tracker(s) on a daily and monthly basis.
4.2 Tracking. When a new purchaser comes to the Site through your Tracker, our system records the purchaser as yours based on a multi tier tracking system to ensure as close to 100% tracking as possible. The multi tier tracking is based on cookies, IP time stamping and Java side servlets. In pursuit of state of the art systems, we may at any time change how the tracking is done as we in our sole discretion decide from time to time. Once an account is actually opened, then the account is permanently tagged with your Tracker so that all subsequent activity relating to that account will be credited to you via our database until the account is closed or this Agreement is terminated, whichever occurs first.
4.3 Marketing Fees. You will be paid for your marketing efforts based upon the agreed percentage of Net Revenues generated on your Tracker(s) per every
500 SAR or more, as set forth below. Once you reach a higher volume percentage level, you will be paid at that higher percentage for the life of this Agreement, regardless of whether your volume subsequently falls below that threshold.
Per Sale Commission Commission Structure
Any price rank product you sold 20% Per Sale
4.4 Time for Payment. We will pay you cheque, money order, or thru
T/T which will be deducted from your payments. We may in our sole discretion require that payments in excess of
200 SAR be wired to your account. ALL MARKETING FEES DUE AND PAYABLE HEREUNDER WILL BE PAID IN
SAUDI RIYAL ONLY.
4.5 Payment Minimums. You will only be sent a cheque or wire if the amount due is more than
200.00 SAR. However, if the Marketing Fees payable to you are less than 200.00
SAR in any calendar month, then we may hold those fees until the total amount due is more than
200.00 SAR (or if earlier) until this Agreement is terminated. If the amount due for a particular pay period is negative (Redeems exceed Purchases) then the negative amount will be carried over into the following pay period. If you have more than one Tracker, then the above payments will be determined on the sum total of your Trackers combined.
4.6 Monthly Statement. A monthly statement of how your Marketing Fees were calculated will be sent to you along with your payment. You will have thirty (30) days from receipt of each statement to dispute that statement, which dispute must be submitted to
sales@perfumes-world.com in writing with details as to the reason for dispute. Deposit of the amount tendered will be deemed full and final acceptance thereof.
V. TERM AND TERMINATION
5.1 Term and Termination. This Agreement will take effect when you activate a link to our Site and will be continuous unless and until either party notifies the other party, in writing, that it wishes to terminate the Agreement, in which case, the Agreement will terminate immediately. TERMINATION IS AT WILL BY EITHER PARTY.
5.2 Effect of Termination. The following will apply upon the effective date of termination:
(a) You will remove all banners and text links to our Site and/or we may disable any or all of your Trackers;
(b) All rights and licenses given to you under this Agreement will terminate immediately;
(c) You will return all confidential information and cease use of any of our trade names, trademarks, service marks, logos, banners and other designations of
Oud & Perfumes World ;
(d) If link remains open or if Customers obtained through the Tracker are still allowed to
buy and repurchase at our Site this will not constitute a continuation or renewal of this Agreement; and
(e) You will be entitled to only to those unpaid Marketing Fees, if any, earned by you on or prior to the date of termination. You will not be entitled to Marketing Fees with respect to activities made after the termination date.
5.3 Suspension of Trackers. In the event you breach any provision of this Agreement and/or we receive a complaint against a particular Tracker, we may in our sole discretion, disable that particular Tracker, with or without notice, temporarily or permanently. In such cases, it is our sole option to suspend or disable your links on a Tracker by Tracker basis rather than completely terminating this Agreement. The fact that we chose to leave some Trackers open does not entitle you to have all Tracker(s) operational or reactivated, nor does it entitle you to compensation for the disabled Trackers.
VI. LIABILITIES
6.1 No Warranties. WE DO NOT WARRANT THAT OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF OUR SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES). WE (OR OUR PROVIDERS OR UNDERLYING VENDORS) ARE NOT REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, AND SOFTWARE OR HARDWARE.
6.2 Billing and Collection Limitations. We may in our sole discretion, with or without notice, use any available means to block or restrict certain Purchases so as to reduce the number of fraudulent, unprofitable purchases or for any reason whatsoever, including but not limited to daily or monthly purchase limits, address verification or negative and positive credit card databases. We do not guarantee or warrant the success of such fraud prevention efforts.
7.1 Notices. All notices pertaining to this Agreement will
be given by email as follows: to us at
sales@perfumes-world.com; and, to you at address provided on our online
signup form (or as subsequently updated by you to us in the event of change).
7.2 Relationship of Parties. There is no relationship of
exclusivity, partnership, joint venture, employment or franchise between you or
us under this Agreement. Neither party has the authority to bind the other nor
to incur any obligation on the others behalf, except as expressly provided
herein. Nothing in this Agreement will be construed to provide any rights,
remedies or benefits to any person or entity not a party to this Agreement.
7.3 Assignment. This Agreement and the rights and
obligations hereunder may not be assigned by you without our express written
consent.
7.4 Entire Agreement. This Agreement embodies the complete
agreement and understanding of the parties hereto with respect to the subject
matter hereof and supersedes and preempts any prior understandings or agreements
between the parties, written or oral, which may be related to the subject matter
hereof. The headings in this Agreement are for convenience only and will have no
effect on the construction of this Agreement.
7.5 Modification. We may modify any of the terms of this
Agreement at any time, in our sole discretion, by emailing you a change notice
or by posting the new Agreement on our Site. Modifications may include, for
example, changes in the scope of available Marketing Fees, Marketing Fee
percentages, time for payment and marketing rules. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR
CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING POSTING OR NOTICE OF CHANGE
WILL BE DEEMED BINDING ACCEPTANCE OF THE MODIFICATION. |