This Affiliate Agreement ("Agreement") constitutes the entire understanding between LotPixel and you, relating to your application for participation as an affiliate ("Affiliate") of LotPixel and the establishment of links from your platform to our website at www.lotpixel.com.
By submitting an application to join or participating in the LotPixel Affiliate Program, you acknowledge that you have read and agree to be bound by the terms and conditions of this Agreement.
"We", "Us", "Our", "LotPixel" – LotPixel.
"You", "Your", "Affiliate(s)" – The individual, business, or entity applying for participation in the LotPixel Affiliate Program, promoting our products, services, and/or promotions on your platform with the provided affiliate tracking code, in exchange for commission on resulting sales.
"Affiliate site" – The Affiliate's Internet site which displays LotPixel Products and Services and/or promotions.
"LotPixel Products and Services" – Subscriptions and on demand credits that are available for purchase through www.lotpixel.com
"Commission Fees" or "Commissions" – Commission Fee paid by LotPixel for each Qualified Registration process and Qualified Purchase by a Referred Customer that You refer to LotPixel under and in accordance with this Agreement.
"Qualified Purchase" – A sale of LotPixel Products and Services by LotPixel, to a Referred Customer which meets the criteria set forth in Section 4 hereof.
''Qualified Registration'' - A registration of LotPixel Products and Services by LotPixel, to a Referred Customer which meets the criteria set forth in Section 4 hereof.
"Referred Customer" - each new and unique customer You refer through a Link (defined in Section 2 below) provided by or approved by Us, which meets the criteria set forth in Section 4 hereof.
"Registration Form" - any and all order forms, Registration Forms, or other signup or acceptance form (whether online, paper, fax, or otherwise) submitted by You or, as applicable, the Referred Customer to make a Qualified Purchase.
1. ENROL IN THE AFFILIATE NETWORK
To begin the enrolment process, you must submit a completed Affiliate Program Signup Form. The Signup Form can be found at: https://www.lotpixel.com/affiliate We will evaluate Your application in good faith and will notify you of Your acceptance or rejection in a timely manner. We may reject Your application if We determine (in Our sole discretion) that Your site is unsuitable for Our Affiliate Program for any reason, including, but not limited to, inclusion of content that is, in Our opinion, unlawful or otherwise does not meet our Acceptable Use Policy. If We reject Your application, for any reason, You may not re-apply to the LotPixel Affiliate Program utilizing the same domain name/URL if that domain name/URL has already been rejected nor may you re-apply using a different domain/URL name then add the previously rejected domain name/URL. LotPixel, in its sole discretion, reserves the right to notify or to not notify any prospective affiliate of their rejection or removal from the LotPixel Affiliate Program at any time.
2. PROMOTION OF OUR AFFILIATE RELATIONSHIP
If You qualify and agree to participate as an Affiliate, We will make available to You a variety of graphic and textual links (collectively referred to as "Links" or, individually, as a "Link"), which are subject to the terms and conditions hereof. The Links will serve to identify Your site as a member of the LotPixel Affiliate Program and will establish a Link from Your site or e-mail to Ours. The Links may connect to any area of Our site (although commissions will be issued on Qualified Registration and Qualified Purchases). In utilising the Links, You agree that You will cooperate fully with Us in order to establish and maintain such Links. You also agree that You will display on Your site only those graphic or textual images (indicating a Link) provided by Us or text messages expressly approved in advance in writing by LotPixel. All Affiliate Sites shall display such graphic and/or textual images prominently in relevant sections of their site. Furthermore, you agree not to use cookie stuffing techniques that set the affiliate tracking cookie without the Referred Customer's knowledge (example: iframe). Any information with respect to Us that is going to be displayed on Your site must be provided by Us and expressly approved by Us in writing in advance of any display.
Except as permitted above or in section 13 below, you shall not and are not authorised to:
i. use the LotPixel name or any of our other intellectual property (or any variations or misspellings thereof or other term or terms confusingly similar to any of the foregoing) (all of the foregoing, including without limitation, the links and the "Licensed Materials" (defined below), are referred to herein as "Our IP"), without our express prior written permission;
ii. use Our IP in a domain or website name, in any bids for keywords or Google Ads (or similar programs at other search engines), in any search engine advertising (paid or otherwise), in any metatags, Google Ads (or similar programs at other search engines), keywords, advertising, search terms, code, or otherwise;
iii. cause or create or act in any way that causes or creates or could cause or create any "Initial interest confusion" over the use of our IP on the internet or in any search engine advertising.
Your use of our IP in any manner, other than as expressly permitted hereunder (in addition to being a breach of this agreement) shall constitute unlawful infringement of Our trademarks, copyrights or other intellectual property rights, and may subject. You to claims for damages, and the obligation to pay Our legal fees and costs in connection with any action or proceeding in which we seek to enforce our rights under this agreement or with regard to any of our intellectual property rights. All Links may be modified and/or expanded from time to time throughout the term of this Agreement pursuant to the mutual agreement of the parties hereto. You are not allowed to post any refunds, credits or discounts, or other content concerning LotPixel, unless We have given You prior written permission in each instance. Affiliates may only use coupons and discounts that are provided exclusively through the Affiliate Program using banners and links. Each Link connecting users of Your site to the pertinent area of Our site will in no way alter the look, feel, or functionality of Our site. Any violations of the terms surrounding links, coupons, refunds, credits or discounts shall constitute a material breach of this Agreement, and may result in Your termination from the program or withholding of commissions.
3. ORDER PROCESSING
We will receive orders and registrations placed by Referred Customers who follow Links from Your Website to www.lotpixel.com. We reserve the right to refuse orders and registrations that do not comply with certain requirements as we may determine from time to time in our sole discretion. The LotPixel service will be responsible for all aspects of order processing and fulfillment, including cancellation, processing, user deletion, refunds and payment processing. We will track Qualifying Purchases generated by Your website and Qualified Registration to the site and make this information available to You through our website. You must ensure that the Links between Your website and Our website are properly formatted to allow for accurate tracking, reporting and Commission accrual.
4. COMMITTEE DETERMINATION
1. Under the Affiliate Program, you will be paid a Commission Fee for each Qualified Purchase and Qualified Registration made by a Referred Customer that you refer to LotPixel under the terms of this Agreement. Each Referred Client, Qualified Registration and each Qualified Purchase must meet the following criteria ("CPA Criteria"): Each Referred Customer must register within 14 days of following the Links on Your website in a manner that, in Our sole judgment, conclusively establishes that the Referred Customer was referred directly from You to LotPixel under this Agreement. Each Referred Client must continue to comply with our Terms of Service, Acceptable Use Policy and other policies in effect at the time the Commission Fees are processed. If the Referred Customer has been offered or received a coupon, cash back, credit or discount by the Affiliate, or if the Referred Customer has participated in a business opportunity program (as determined by LotPixel in its sole discretion) administered or participated in by the Affiliate, Commission Fees may not be payable unless Lotpixel provides prior written consent. If a large number of your Referred Customers have received a discounted offer, we may not pay commissions on purchases.
2. LotPixel reserves the right, in its sole discretion, to suspend or indefinitely stop payment of any Commission Fees and/or to refuse, reject or reject any Commission Fees, each as determined in its sole discretion, based on, but not limited to, the following: Fraud or suspected fraud or other improper activity (including, but not limited to, the use of software that generates real and fictitious information; a pattern of potentially fraudulent activity, such as multiple accounts created from the same customer). Breach or potential breach of any term in the Agreement by the Affiliate or Referred Client. Any account/sale that is not in an approved status in good standing as an account of LotPixel for a period of at least thirty (30) days. Referred Customers who are offered or receive coupons, cashback, credits or discounts from the Affiliate, unless LotPixel has given written permission, or Referred Customers who participate in a business opportunity program administered or participated in by the Affiliate, or Referred Customers who are offered to receive goods, services or money in exchange for joining LotPixel. (This is referred to as incentive traffic. There is absolutely no incentive selling.) Using marketing practices that we consider unethical or likely to attract fraudulent registrations and/or registrations that are very unlikely to renew. The historical quality of sales generated by a particular Affiliate with excessive cancellation rates due to the Referred Customer not using the LotPixel service. LotPixel reserves the right to immediately cancel or withhold for later review any Commission Fees mentioned above or that do not meet the CPA Criteria. It is the Affiliate's
responsibility to monitor the payment, rejection and retention of Commission Fees;
LotPixel is under no obligation to actively inform Affiliates of the status of Commission Fees. If an Affiliate has a question about a canceled or withheld Commission Fee, that Affiliate has 30 days from the day payment was due to contact LotPixel to discuss or recover the Commission Fee. Any changes to decisions regarding canceled or withheld Commission Fees are at LotPixel's sole discretion. Commissions for any Referred Customer who is associated with any LotPixel merchant, referral or other program may be removed from your payment. In other words, you will not receive double commissions or compensation. LotPixel reserves the right to deduct all Commission Fees corresponding to any fraudulent, suspicious and/or canceled LotPixel purchases and registrations from the Affiliate's current and future Commission Fees. In cases where no Commission Fees are subsequently due, LotPixel may send an invoice to the Affiliate for the balance of purchases and registrations returned upon termination of the program or termination of the Referred Client. Any attempt by an Affiliate to manipulate, falsify or inflate Referred Customers, Qualifying Purchases, users' Qualified Registration or Commission Fees in order to intentionally defraud LotPixel, or any breach of any term of this Agreement shall constitute immediate grounds for LotPixel to terminate this Agreement and shall result in forfeiture of all Commission Fees due to you.
5. COMMISSION FEES AND PAYMENTS
Subject to the terms of this Agreement, we will pay you a Commission Fee equal to the percentage or USD amount specified in the Commission Report in your Affiliate Dashboard for a Qualified Purchase and Qualified Registration by a Referred Client that occurs during the 14-day or other period for which such Commission Fee is calculated. These Commission Fees will be processed on the 15th of each month in which a Qualified Purchase and enrollment is properly completed and thereafter on a 1-month cycle. LotPixel will not reimburse or compensate You for any commission or other consideration other than Qualifying Purchases and Qualified Registration on the site made by the Referred Customer in accordance with these terms. LotPixel has the right to hold reserves on Your payments. Commissions will accrue and be paid when You (i) provide all relevant tax and address documentation and (ii) reach a commission level of $100 ('Commission Threshold'); provided that LotPixel may increase the Commission Threshold prospectively by amending this Agreement in accordance with its terms. For a commission to be due and payable under this Agreement, the Commission Rates must result in a commission at least equal to the Commission Threshold. All Qualified Purchases and Qualified Registration on the site that are still eligible to result in a commission under this Section must remain active and in good standing under this Agreement to continue to be eligible for a commission accrual up to the point a commission accrues under this Section. Once a commission has accrued under this Section, the amount of such commission ('Commission Fee') shall be due and payable to you in accordance with the provisions of this Section Commission Fees due and owing to you under the Program shall be paid directly to you by LotPixel in accordance with a regular payment cycle established by LotPixel from time to time. No Commission Fee will be payable for registrations made by you, your household or any person in your organization. LotPixel reserves the right to pay only for active Qualifying Purchases and Qualified Registration on the site. You are responsible for notifying LotPixel of changes in postal and e-mail addresses, as well as changes in your name, e-mail address, contact information, tax identification number or other personal information that would affect LotPixel's ability to make a valid Commission payment. Failure to provide correct addresses may result in the forfeiture of Commissions due to you. Commission Fees returned due to invalid or insufficient address information or other reasons may also be forfeited. To regulate the use of the dollar and euro exchange rates published on the official website (https://www.tcmb.gov.tr) of the Central Bank of the Republic of Turkey (CBRT) for Qualifying Purchases and the conversion of transactions in TL or euro into dollars based on these exchange rates. Qualified Purchases will be based on the dollar and euro exchange rates published daily by the Central Bank of the Republic of Turkey. These rates are the CBRT rates on the transaction date. In these transactions, the TL and euro amounts will be converted into dollars. The dollar amount obtained as a result of the calculation will be used in the transaction. The official exchange rates published by the CBRT will be used based on the rates published closest to the transaction date. If for any reason on the date of the transaction, the exchange rates published by the CBRT have not been announced by the CBRT, the most recently announced exchange rates will be used as the basis. If the exchange rates on the official website of the CBRT are not accessible for any reason on the transaction date, the parties shall be deemed to have agreed to execute the transaction based on the exchange rates obtained from an alternative reliable source. These exchange rate calculation provisions shall apply to Qualifying Purchase transactions between the parties. These provisions may not be modified except by mutual agreement and written consent of the parties.
6. PAYMENT FORMS / TYPES
Commission Fees will be paid based on the current information in your Affiliate profile. Please notify us immediately of any change in your address by updating your profile information in the Affiliate console. Failure to do so may result in forfeiture or loss of your Commission Fee. It is your responsibility to inform LotPixel of your desired form/type of Payment: By default you will be set to receive commissions in USD through Wise, please refer to Wise's policy to ensure you are eligible to receive Payouts. LotPixel is not responsible for any third party fees charged by Wise, bank or other financial institutions used to receive Affiliate Commission Fees. LotPixel reserves the right, in its sole discretion, to change the terms of this Commission payment method or program at any time. Such changes will take effect when published. Disputes: Affiliate has access to LotPixel real-time Affiliate Program statistics and activities and specifically agrees to report any tracking or commission disputes, as well as other disputes and discrepancies, within 45 days after the end of the month in which the sale or event that is the subject of the dispute occurs. Disputes filed after 45 days from the date of Qualifying Purchase and Qualified Registration will not be accepted by LotPixel and Affiliate will forever forfeit all rights to any claim.
7. PAYMENT INFORMATION / TAXES
It is Your responsibility to provide LotPixel with the payment information necessary to award a Commission Fee to You. If LotPixel does not receive the required payment information within 120 days after a Qualifying Purchase or Qualified Registration that would otherwise trigger Commission Fees, then such commissions will not accrue and You will not owe any Commission Fees incurred in connection with such Qualifying Purchase or Qualified Registration. You are responsible for payment of all taxes related to commissions earned by you under this Agreement.
8. QUALIFIED PURCHASE, QUALIFIED ENROLLMENT OR LEAD REPORTS
You can log in to your Affiliate Console to review your click, Qualified Registration and potential Qualified Purchase (or qualified lead if you pay per lead) statistics on a daily basis. The potential Qualified Purchases, Qualified Registration or qualified leads shown in this report have not been vetted to verify that they meet all the criteria for Qualified Purchases, Qualified Registration or Qualified Leads. Therefore, Commission Fees may not be issued for all Referred Customers that appear in the Affiliate Console.
9. OBLIGATIONS REGARDING YOUR WEBSITE
You will be solely responsible for the development, operation and maintenance of your site and all materials appearing on your site. These responsibilities include, but are not limited to, the technical operation of your site and all related equipment; creating and posting product reviews, descriptions and testimonials on your site and linking those descriptions to our website; ensuring the accuracy and appropriateness of the materials posted on your site (including, without limitation, all materials relating to LotPixel Products and Services); ensuring that the materials posted on your site do not infringe or violate the rights of any third party and are not libelous or otherwise unlawful. We disclaim all responsibility and liability for such matters. If your site is a directory/review site, we will only pay commissions on sales and registrations resulting from traffic sent to us while we are in position 1-3 in your directory. Placing us elsewhere in your directory may damage our brand and we reserve the right to withhold commissions for this reason. We have the right, in our sole discretion, to monitor listings through your site at any time and from time to time to determine whether you are complying with the terms of this Agreement. We may terminate this Agreement immediately if you are not in compliance.
10. POLICY RESPONSIBILITIES
We will be responsible for providing all information necessary to allow you to make appropriate Links from your site to our site. LotPixel will be solely responsible for order processing for orders/Qualified Purchases placed by a Referred Customer following a Link from your site, monitoring the volume and quantity of Qualified Purchases generated by your site, and providing information to Affiliates about Qualified Purchase statistics. LotPixel shall be solely responsible for processing registrations/Qualified Registrations from a Referred Customer following a Link from your site, tracking the volume and amount of Qualified Registrations generated by your site, and providing information to Affiliates about Qualified Registration statistics. LotPixel shall be solely responsible for all order processing, including but not limited to payment processing, cancellations, registrations, refunds and related LotPixel service. Any determination made by LotPixel with respect to the foregoing shall be binding, provided that such determination is not clearly erroneous.
11. POLICY POLICIES AND PRICING
Customers who purchase, register, Referred Customers who purchase LotPixel Products and Services through the Affiliate network will be considered our Customers. Accordingly, all of our rules, policies and operating procedures regarding LotPixel orders, LotPixel service and sales of LotPixel Products and Services will apply to such Customers. We may change our policies and operatingb procedures at any time. For example, we will set the prices charged for LotPixel Products and Services sold within the Affiliate Network in accordance with our own pricing policies. Prices and availability of LotPixel Products and Services may vary from time to time, from affiliate to affiliate and from region to region. Because price changes may affect the products you list on your site, you may or may not include price information in your product descriptions. We will use reasonable efforts to provide accurate information, but we cannot guarantee the availability or price of a particular product or service. Please note that when you sign up to become an Affiliate, you agree to both this Agreement and our Terms of Service.
12. EMAILS AND PROMOTION
Under no circumstances may you create, post, transmit or distribute bulk electronic mail messages (also known as "SPAM") without LotPixel's prior written consent. LotPixel reserves the right, in its sole discretion, to reject each and every e-mail mailing. In addition, you may only send emails containing a LotPixel affiliate link or a message about LotPixel or LotPixel's Affiliate Program to individuals who have been previously contacted and have agreed that you will send an email containing LotPixel information or information about the LotPixel affiliate program. Any failure by You to comply with this section will be considered a material breach of this Agreement by You and will void any rights You may have to any commissions. If Your account receives excessive clicks within a very short period of time as determined by LotPixel in its sole discretion, the Affiliate relationship may be terminated.
13. LICENSES AND USE OF WWW.LOTPIXEL.COM LOGOS AND TRADEMARKS
Subject to the limitations set forth in Section 2 above and in this Agreement, we grant you a non-exclusive, non-transferable, revocable license (i) to access our site through links only in accordance with the terms of this agreement and (ii) solely in connection with such links, to use the www.lotpixel.com logo and similar identifying materials about us (but only in the form(s) in which they are provided by us) (collectively, the "Licensed Materials") solely for the purpose of selling LotPixel Products and Services on your site and as previously approved by us. You may not alter, modify or change the Licensed Materials in any way. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of the LotPixel Affiliate Program. You may not use the Licensed Materials for any purpose other than to sell LotPixel Products and Services without first sending Us a sample and obtaining LotPixel's prior written approval. You agree not to use the Licensed Materials in any manner that disparages or otherwise negatively portrays LotPixel, any host member of LotPixel, or any LotPixel employee or representative. We reserve all of our rights and other proprietary rights in the Licensed Materials. We may revoke your license at any time by written notice to you. Unless revoked, this license will terminate upon expiration or termination of this Agreement. You grant Us a non-exclusive license to use Your names, titles and logos ("Affiliate Trademarks"), as may be amended from time to time, to advertise, market, promote and publicize in any manner Our rights under this Agreement; provided, however,that We shall not be required to advertise, market, promote or publicize the Affiliate Trademarks. This license will terminate upon expiration or termination of this Agreement.
14. DURATION OF THE CONTRACT
The term of this Agreement will commence upon our acceptance of your Partnership Program application and will end upon termination by either party. Either You or We may terminate this Agreement at any time, with or without cause. You are only eligible to earn Commission Fees on Qualified Purchases, Qualified Registrations or qualified leads that occur during the term, and Commission Fees earned up to the termination date will continue to be paid only if orders for the relevant LotPixel Products and Services are not canceled and all conditions set forth in this Agreement are complied with. We may withhold final payment of Commission Fees for a reasonable period of time to ensure that all Qualified Purchases, Qualified Registrations or qualified leads are valid and payments from Referred Customers are legitimate as determined by LotPixel in its sole discretion. Any Affiliate who breaches this Agreement or LotPixel's Terms and Conditions will immediately forfeit any and all rights to all accrued Commission Fees and will be removed from the LotPixel Affiliate Program. LotPixel reserves the right, at LotPixe's sole discretion, to remove an Affiliate from the Affiliate Program and terminate or suspend this Agreement at any time for any reason. Without limitation, Affiliate's participation in the Program and this Agreement shall automatically terminate immediately upon Affiliate's breach of any term of this Agreement or any applicable law or regulation and all commissions shall be forfeited.
You agree that the terms and conditions of this Agreement shall apply retroactively to all Qualified Purchases and Qualified Registrations for which you have not yet received a Commission Fee. We may change any of the terms and conditions contained in this Agreement at any time and in our sole discretion, but such change will only apply to events occurring after the date on which you accept and agree to such changes, unless otherwise agreed herein or in a separate agreement. Notification of any changes by e-mail to your address in our records or posting of a new notice of change of agreement on our site shall be deemed sufficient notice to notify you of a change to the terms and conditions of this Agreement. Changes may include, but are not limited to, changes to the scope of available Commission Fees, Commission Rate schedules, payment procedures and Affiliate Program rules. All such changes will take effect 48 hours after we give notice as set out above, unless we specify otherwise. If any changes are unacceptable to you, your sole remedy is to terminate this Agreement, in which case you will retain your rights under the unamended Agreement prior to the date of the relevant change. Your continued participation in the Affiliate Program after we post a change notice or a new agreement on our Site will constitute binding acceptance of the change.
16. LEGAL NOTICES
We make no warranties or representations of any kind, express or implied, with respect to the Affiliate Program or any LotPixel Products and Services sold through the Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or implied warranties of performance, operation, or merchantability). We also make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors, including monitoring information about Referred Customers during the downtime.
17. REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant to us that: This Agreement has been duly and validly executed and delivered by You and constitutes Your enforceable, legal, valid and binding obligation to Us in accordance with its terms. The execution, delivery and performance by You of this Agreement and the consummation by You of the transactions contemplated hereby, with or without notice, statute of limitations, or both, shall not be deemed to be a violation of (i) any provision of law, rule or regulation to which You are subject, (ii) any order, judgment or decree applicable to You or binding upon Your assets or properties, (iii) any provision of Your charter or certificate of incorporation, or (iv) any agreement or other instrument applicable to You or binding upon Your assets or properties. You are the sole and exclusive owner of the Affiliate Trademarks and You have the right and authority to grant Us a license to use Your trademarks in the manner contemplated herein, and such license does not and will not (i) violate, conflict with or constitute a default under any agreement or other instrument applicable to You or binding upon Your assets or properties or (ii) infringe any trademark, trade name, service mark, copyright or other proprietary right of any other person or entity. No consent, approval or authorization or exemption of any governmental authority or any third party is required to be obtained or sought in connection with the execution, delivery and performance of this Agreement or the performance by You of any other act contemplated hereby. There are no claims, suits or proceedings pending or, to the best of Your knowledge, threatened against You or any of Your Affiliates relating to the execution, delivery or performance of this Agreement or Your trademarks, and to the best of Your knowledge there is no basis for any such claim, suit or proceeding. During the term of the Agreement, You will not add content to Your Site that, in Our opinion, is unlawful, harmful, threatening, defamatory, obscene, harassing, racially, ethically or otherwise objectionable or violates Our Terms of Service or Acceptable Use Policy. You are at least eighteen (18) years of age. Each Customer referred and each Qualified Purchase and Qualified Registration referred or submitted by You to Us is valid, genuine, unique and not fraudulent and meets each of the Criteria to generate a Commission Fee as set forth in this Agreement.
18. LIMITATION OF LIABILITY
We will not be liable for any indirect, special, incidental or consequential damages or any loss of revenue, profits or data arising in connection with this agreement or the affiliate program, even if we have been advised of the possibility of such damages. Furthermore, our total liability arising in connection with this agreement and the affiliate program shall not exceed the total commissions paid or payable to you under this agreement during the 3-month period immediately preceding the event giving rise to such liability.
You hereby agree to indemnify and hold us, our subsidiaries and affiliates and their directors, officers, employees, agents, shareholders, partners, members and other owners harmless from and against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, Such Damages (or actions with respect thereto) include (i) costs and expenses (including reasonable legal fees) to the extent such Damages (or actions with respect thereto) arise out of or are based upon any claim that our use of the Affiliate Trademarks infringes any trademark (any or all of the foregoing hereinafter referred to as "Damages"), trade name, service mark, copyright, license, intellectual property or other proprietary right of any third party, (ii) any representation or warranty made by You herein or any misrepresentation of warranty and contract, or (iii) any claim relating to Your site, including, without limitation, its development, operation, maintenance and content, is not attributable to Us.
You acknowledge that the Service, related materials and any documentation, etc. contain confidential and proprietary information. You agree to maintain the confidentiality of the Service and related materials and documentation during the term of this agreement and for 5 years after termination of this agreement. You agree to take commercially reasonable steps to ensure that confidential information is not disclosed or distributed by You.
21. INDEPENDENT INVESTIGATION
Submitting an application confirms that you have read this Agreement and agree to be bound by all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit LotPixel relationships on terms different from those contained in this Agreement. We may also solicit LotPixel relationships with organizations that operate websites similar to or competing with your website. You have independently evaluated the desirability of participating in the LotPixel Affiliate Program and are not relying on any representations, warranties or representations other than those set forth in this Agreement.
22. ADMINISTRATIVE LAW
This Agreement is governed by the laws of Turkey. To the extent permitted by law, the courts of Turkey shall have exclusive jurisdiction over disputes arising out of or in connection with this Agreement.
A provision of this Agreement may be waived only by an instrument in writing signed by the party entitled to the benefit of such provision. The failure of either party to require the performance of any provision of this Agreement at any time shall in no way affect the right of such party to subsequently enforce the same provision. No waiver of a breach of any provision of this Agreement shall be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement is invalid, such provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any other part or provision of this Agreement.
You may not assign, transfer, license or otherwise deal with all or any of Your rights or obligations under this agreement without LotPixel's prior written consent. LotPixel may assign, transfer, subcontract or otherwise deal with all or any of its rights or obligations under this agreement at any time without notice to You.
26. NO PARTNERSHIP
This Agreement does not constitute and shall not be construed as a partnership or joint venture between LotPixel and You. Neither party has the right to bind the other party in any way and nothing in this Agreement gives any third party any rights.
27. THE WHOLE DEAL
This Agreement constitutes the entire agreement between the parties with respect to this subject matter and may not be modified except as set forth in this Agreement.
BY COMPLETING AND SUBMITTING THE AFFILIATE PROGRAM REGISTRATION FORM, SUBMITTING REFERRED CUSTOMERS OR ELIGIBLE PURCHASES RECOMMENDED TO LOTPIXEL UNDER OUR AFFILIATE PROGRAM, AND/OR COLLECTING ANY COMMISSION FEES FROM US, I ACKNOWLEDGE MY AGREEMENT TO THIS AGREEMENT AND EXPRESS MY WILLINGNESS TO BECOME AN AFFILIATE UNDER THESE TERMS AND CONDITIONS.
Questions, comments and requests regarding these terms are welcomed and should be sent to [email protected].
See Lotpixel.com Terms and Conditions
(https://www.lotpixel.com/user_license) User License