By checking
the box “I agree to the Terms of Service” You expressly acknowledge
and agree, on Your own behalf as an individual, and on behalf of Your
employer or another entity which has not yet done so (collectively “You”
or “Your”), that You are entering into a binding legal agreement with Boostu OÜ. (“Ecwid” or “We”), are over 18 years of age, have full
authority to bind such employer or other entity, and have understood
and agree to comply with the terms and conditions below. You hereby
waive any applicable rights to require an original
In order to register Boosty Affiliate Program (Program), You are required to create an account (Account) on the Boosty Shops Site that will serve as online application for Your enrollment as a WebPartner. You agree not to create an Account for someone else or use the others Account without permission. During registration You must provide accurate and complete information. You are responsible for the activity that occurs in the Account. Your must keep access information to Account secure. You must immediately notify Boosty of any security breach or unauthorized use of Your Account. You are solely liable for the activity that occurs in connection with the Account.
This agreement commences upon approval of Your online application by Boosty. You will receive email notification when Your application will be approved of denied. Boosty may reject any application for any reason. Boosty will reject any application to place its link on a web site, email, social network group, blog etc. that contains, in Boosty’s sole opinion, any objectionable content. Objectionable content includes content that is unlawful in any manner, harmful, threatening, defamatory, obscene, offensive, harassing, sexually explicit, violent, unlawfully discriminatory, or is otherwise objectionable. Boosty will also reject applications to place its link on a web site, email, social network group, blog etc. that contains links to and advertisements for web sites with objectionable content, gambling sites and casinos.
We will provide to You the technical specifications and other information and logos necessary to establish personified Boosty’s banner, link or Uniform Resource Locator (URL) (collectively Link) that You can place on Your web site, Your emails, social network advertising, or similar campaigns from an account or platform that is registered in Your name or which You are authorized to use (Your Media).
You expressly agree that Boosty’s name, trademark, logo or any other identifying material placed by You will appear only in the form and according to technical specification supplied by Boosty. Boosty may cancel this Agreement at any time if Your display of Boosty’s logo, trademark or other identifying material does not meet with Boosty’s approval and/or competes with Boosty’s own link. This includes advertising on Boosty’s trademarks on search engines and/or representing your ads as being Boosty which is specifically forbidden.
Upon notice from Boosty You must immediately remove all references to Boosty, including its name, logo, trademark, service mark or any other identifying material from Your Media immediately.
You may use the Links
for the sole purpose of promoting Boosty and referring prospective
customers to the Boosty Site. Except to the extent permitted
by applicable law, You shall not (i) send unauthorized emails
or commercial communications that include a Link, and You shall
be solely liable for any such unauthorized communications. You shall
include
For each prospective customer who visits Boosty Shops web site through the Link at Your Media, and who subscribes for Boosty software (Subscription) from Boosty as a result of such Link, Boosty will pay to You a commission 10% of Subscription price for payments that are billed and collected during your partnership tenure. Referring of a prospective subscriber who previously was or currently is an Boosty customer does not qualify for commission. All qualifying referral commissions will be credited to an Account set up for You.
You will receive payment of Your first referral commission when Your account balance exceeds USD 100 and You will receive this first payment within approximately 45 days following the end of the month that Your account balance exceeds USD 100. If for any reason this Agreement is terminated prior to Your first referral commission being due and the account balance does not exceed USD 100, then no referral commission will be due. If this Agreement is terminated after the first referral commission is due and payable or has been paid, then any referral commission balances in Your account will be paid to You within approximately 45 days from the end of the month in which this Agreement was terminated. All payments will be made via PayPal or credit card. You must have a PayPal account or credit card for this purpose.
Each customer who visits the Boosty Shops web site through the Link must fill out a customer information required for Subscription. All customer information is the sole and exclusive property of Boosty and the customer applicant. You do not have any right to either (i) participate in any aspect of the information process, or (ii) receive any of the customer’s personal information. This policy specifically prohibits, without limitation, You from receiving customer information directly from customers and subsequently forwarding the customer information to Boosty. Of course You may request personal information from customers directly related to Your own activities, registrations, promotions or the like, but You will never reveal any personally identifying information about customers or a customer applicant to you.
Once a customer provides Boosty with customer information, that customer will be deemed to be a customer of Boosty for all purposes and will be subject to all policies, procedures, rules and regulations that govern such transactions. Boosty may change any of its policies or procedures at any time, in accordance with applicable law.
Boosty may be subject to rules and regulations; including without limitation, the Privacy Statement on Boosty’s web site, which specifies how Boosty may or may not treat a customer’s personal information. You understand that Boosty’s web site and policies are created and operated to abide by all such rules and regulations and You agree to defend, indemnify and hold harmless Boosty from any of Your violations of a customer’s privacy rights.
We will provide to You, via email, or via Your Account, a monthly report that summarizes the sales activity from Your web site. In no event will Boosty reveal the names or other identifying information about its customers.
Upon our acceptance of Your application we will grant to You a limited, revocable, nonexclusive,
You are solely responsible for maintaining Your Media. Boosty has no responsibility for the development, operation or maintenance of Your Media. You are responsible for all technical operations of Your Media, including, without limitation, ensuring that Your Media does not contain libellous or objectionable material, and ensuring that all material on Your Media is legal and does not infringe on the rights of any third party (including copyright or trademark rights) or the rights of any customer. Boosty is not responsible for any of these duties and You agree to defend, indemnify, and hold harmless Boosty, its directors, officers, employees and representatives from and against any and all claims, actions, causes of action, damages, injuries, expenses (including attorney’s fees) relating to the development, operation, content and maintenance of Your Media, including, without limitation, any breach of a customer’s privacy rights or any unauthorized use by You of Boosty’s icon, logo and other images and materials relating to Boosty.
This agreement is effective at the time Your application is, at the sole discretion of Boosty, accepted by Boosty and You are notified of such acceptance either in writing or electronically. (i) Termination without cause. Either party, may terminate this Agreement by giving the other party 30 days written notice of the termination. (ii) Termination due to Account inactivity. If during the period of 360 consecutive days there are no visits to Boosty Site through Your Link then Your Account is considered inactive and Boosty reserves right to terminate the Agreement and delete Your Account without further notice. Referral commissions will be paid only on Accounts, which are eligible under this Agreement, pursuant to Section 5, at or prior to the time of termination. Upon termination of this Agreement, Your License will expire immediately.
Boosty may modify this agreement at any time by posting a change on our web site or notifying You by email. Boosty may change any of the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the referral commission structure, payment procedures. If any modification is unacceptable to You, Your only recourse is to terminate this Agreement. Your continued participation in Program following our posting of a change notice or new agreement on our site will constitute binding acceptance of the change.
Boosty, at its sole discretion, may change the “look and feel” of Link that You have placed on Your Media. If such modification is unacceptable to You, Your only recourse is to terminate this Agreement.
You and Boosty are independent contractors for all purposes. Nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You have no authority to act on Boosty’s behalf. Your display of Boosty’s logo and/or trademark as well as all other content on Your web site, or any direct contact You have with any customer or customer account applicant must not contradict this fact.
You shall not create, publish, distribute, or permit any written or electronic material that makes reference to Boosty without first submitting such material to us and receiving our written consent.
We will not be liable for indirect, special or consequential damages (or loss of revenue, profits, or data) arising in connection this Agreement even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement will not exceed the total referral commissions paid or payable to You under this Agreement.
We make no express or implied
warranties or representations with respect to the Program or this
Agreement or any products or services sold by Boosty. In addition,
we make no representation that the operation of our web site will
be uninterrupted or
This Agreement will be governed by and construed and interpreted in accordance with the internal laws of the European Union, exclouding that body of law applicable to conflict of laws. Each Party hereby unconditionally and irrevocably (i) consents and submits to the jurisdiction in Castellon, Spain, in connection with any suit, action or other proceeding arising pursuant to this Agreement, including in personal and subject matter jurisdiction, (ii) waives any objection to such jurisdiction or to venue in Castellon, Spain, , including on the grounds of the absence of in personal or subject matter jurisdiction or on the grounds that such venue is inconvenient, and (iii) WAIVES ANY RIGHT SUCH PARTY MAY HAVE TO SEEK A JURY TRIAL in any such action, suit or other proceeding.
