By signing up to be an affiliate in the APUtime Affiliate Program (the “Program”), you agree with the following terms and conditions (the “Terms”). These Terms are a legal agreement between ApuTime s.r.o. registered in Czech Republic, Sokolská třída 966/22, 702 00 Moravská Ostrava and Přívoz, company number 06325149 (“APUtime”, “we”, “us”) and You (the “Affiliate”, “you”).
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program, including the release of new features and resources made available by us from time to time, shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
By registering in the APUtime application, you automatically log in to our Affiliate program (thus obtaining an Affiliate account) and can immediately start using this program.
To finalize the registration for the Affiliate program, you must fill in your personal information and PayPal account details and agree with these “Terms & Conditions - Affiliate Program” in the Affiliate section in your APutime account.
You must have a PayPal account to join this Program. Your PayPal account details must be filled in, in your Affiliate section. Without this information, you will not be paid Referral Fees.
We will not pay you Referral Fees without entering the above data in your APUtime account and without a PayPal account.
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your username and password with any other person or with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. In using the Program, you must not violate any laws in your jurisdiction (including but not limited to copyright laws).
Your registration into the APUtime app and an active APUtime account is also a condition for participation in the program. An inactive APUtime account is the reason for cancelling the Affiliate program membership and, at the same time, termination of the Referral fee payments.
Once you have signed up for the Program, you will be provided with URL links (“Affiliate links”) that must be used to identify you when placing a link from your site, email or other communications to the APUtime website or directly to sign up the process into our APUtime application. It is your responsibility to ensure each such link is correctly formatted. All links you can find in the Affiliate section in your workspace.
We may also provide some marketing materials that can be used within the links to promote APutime. You may not modify these images in any way. We reserve the right to change it at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not use our name or graphics in bulk emails unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
You may not issue any press release concerning this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between you and us, say you develop our Services, say you are part of APUtime or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
For the sale of a subscription to be eligible to earn a referral fee, the customer must click through some of your “Affiliate links” from your communications (email, website etc.) to the APUtime website or the APUtime sign-up page and sign-up for the application and this customer must become a paying customer of APUtime. You can earn a referral fee when your customer pays for his APUtime license.
We will only pay referral fees on links that are automatically tracked and reported by our systems. We will not pay referral fees if someone says they signed up through you, but it was not tracked by our system.
The referral fee is 13% of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays their subscription. Referral fees are only earned if a customer makes a payment in full.
The referral fee has the character of recurring revenue. It means you will be eligible to earn a referral fee from every single payment from your customer in future.
You can get up to a 30% referral fee. In that case, you have to contact our customer service.
We reserve the right to charge referral fees or issue time-limited Affiliate actions and deals.
Accrued referral fees are paid only via a PayPal account and only based on the invoice issued by you via your PayPal account. Instructions on how to issue an invoice can be found in the Affiliate section in your APUtime workspace and in our APUbrain in the section “Affiliate / Payout. vložit link
We accept and process payments only when your accrued referral fees total USD 20 or more. All fees for the payments through the PayPal service are borne by the Affiliate and will be deducted from the Referral fees. Current fees are governed by PayPal's Terms & Conditions.
We do not offer payment via bank account cheque/check, credit card, cash or other methods.
Customer payments refunded or payments charged back due to credit card fraud do not qualify for referral fees. We may delay crediting referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
A summary of sign-ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of and payable by you.
We reserve the right to check and change commissions based on orders actually paid. The notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on actual transactions.
Every customer who buys a service through this program is deemed to be a customer of APUtime. Accordingly, all of our rules, policies and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. APUtime is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating systems.
We will determine the prices to be charged for services sold under this Program in accordance with our pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display service prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all relevant copyright, trademark, and other laws. APUtime will not be responsible if you use another party's copyrighted or trademarked material violating the law.
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail to your address on our records is considered sufficient notice to terminate this Agreement. APUtime reserves the right to end the Program at any time. Upon Program termination, APUtim will pay any legitimate outstanding earnings.
The term of this Agreement can be terminated by APUtime automatically and in case of termination of your valid APUtime license.
APUtime, in its sole discretion, has the right to suspend or terminate your account (participation in the Affiliate program) and refuse any and all current or future use of the Program, or any other APUtim service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. APutime reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the APUtime website and all our images and other materials provided under the Program
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.
The Company and any of the Company's officers, directors, employees, shareholders or agents of any of them exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including, without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Program.
Nothing in this legal notice shall exclude or limit the Company's liability for:
(a) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977; or
(b) fraud; or
(c) misrepresentation as to a fundamental matter; or
(d) any liability which cannot be excluded or limited under applicable law.
If your use of material provided under this Program results in need for servicing, repairing or correcting equipment, software or data, you assume all costs thereof. The Company’s maximum aggregate liability under or in connection with these Terms, or any collateral contract, whether in contract, tort (including negligence) or otherwise (a “Claim”), shall be limited to a sum equal to the aggregate amount which we are obliged to pay you in the twelve (12) month period immediately prior to the period giving rise to such Claim.
Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement or your relationship with us or any of our affiliates shall be submitted to confidential arbitration in Czech Republic. Arbitration under this agreement shall be conducted under the rules prevailing by the Czech Republic. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
All notices you give to us must be given to APutime s.r.o. at firstname.lastname@example.org. We may give notice to you at the e-mail address you provided to us when registering. Notice will be deemed received and properly served 24 hours after sending an e-mail. In proving the service of any notice, it will be sufficient to prove, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations hereunder that is caused by events outside our reasonable control (a “Force Majeure Event”).
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
(a) strikes, lock-outs or other industrial action;
(b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
(c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
(d) impossibility of the use of public or private telecommunications networks;
(e) the acts, decrees, legislation, regulations or restrictions of any government.
Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
If we fail, at any time to insist upon the strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled hereunder, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions and provisions, which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently), and the other party's only remedy shall be for breach of contract as provided in these Terms.
This legal notice shall be governed by and construed in accordance with Czech law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the Czech Courts.