Affiliates Terms and Conditions
Last updated: March 25, 2024
These Affiliates Terms and Conditions ("Agreement") govern the relationship between Taxbordr - International Tax Advisors, Lda ("Taxbordr," "we," or "us") and you, the affiliate ("Affiliate" or "you"), regarding your participation in the Taxbordr Affiliate Program. By applying to join or participating in the Affiliate Program, you agree to be bound by this Agreement.
Definitions
"Affiliate" means an individual or entity that participates in the Affiliate Program.
"Affiliate Application" means the online form or process by which a prospective Affiliate applies to join the Affiliate Program.
"Affiliate Link" means the unique promotional link provided to Affiliate by Taxbordr for use in promoting Taxbordr's products and services.
"Affiliate Program" means the marketing program described in this Agreement.
"Commission" means the amount payable to Affiliate based on Qualified Purchases.
"Intellectual Property Rights" means all intellectual property rights, including patents, trademarks, service marks, trade names, copyrights, trade secrets, and proprietary information.
"Qualified Purchase" means a sale of Taxbordr's products or services to a Referred Customer using the Affiliate's Link, subject to the terms of this Agreement.
"Referred Customer" means a unique individual who makes a Qualified Purchase using the Affiliate's Link.
Affiliate Program
Application and Acceptance: To join the Affiliate Program, you must register an account with Taxbordr. We reserve the right to cancel any account at our sole discretion.
Affiliate Links: Upon acceptance into the Affiliate Program, you will have access to our Affiliate Links. You agree to use the Affiliate Links in compliance with this Agreement and applicable laws and regulations.
Promotion: You will use commercially reasonable efforts to market and promote Taxbordr's products and services and distribute your Affiliate Link on your website, blog, social media accounts, or other channels, in compliance with applicable laws and regulations.
Commission: We will pay you a Commission for each Qualified Purchase made by a Referred Customer using your Affiliate Link, subject to the Commission schedule and terms set forth in the Affiliate Program documentation or as otherwise communicated to you.
Affiliate Obligations
Disclosure
You will clearly and conspicuously disclose on your website or other promotional channels your relationship with Taxbordr and the existence of the Affiliate relationship, in accordance with applicable laws and regulations, including the US Federal Trade Commission's Endorsement Guides.
Prohibited Activities
You will not engage in any of the following activities:
Spamming or using any other unsolicited advertising methods;
Making false or misleading representations about Taxbordr or its products and services;
Engaging in any illegal, deceptive, or unethical practices;
Sharing or distributing the Affiliate Link in a manner that violates this Agreement;
Using any intellectual property of Taxbordr without prior written permission;
Promoting Taxbordr on any website that contains or promotes illegal activities, violence, discrimination, sexually explicit materials, or infringes on intellectual property rights of others;
Self-use or self-referrals using your own Affiliate Link.
Intellectual Property
You acknowledge that all Intellectual Property Rights in Taxbordr's website, products, services, and promotional materials are owned by Taxbordr. This Agreement does not grant you any rights to Taxbordr's Intellectual Property.
Commission and Payment
Commission Calculation: Commissions will be calculated based on the 10% total value (excluding taxes) of Qualified Purchases during 12 months after their first purchase, or as determined by Taxbordr in its sole discretion. We reserve the right to modify the Commission structure at any time upon notice to you.
Payment Terms: Commissions will be paid to you monthly or in accordance with the payment schedule and methods set forth in any Affiliate Program documentation or as otherwise communicated to you. You are responsible for providing and maintaining accurate payment information.
Taxes.: You are responsible for all taxes, duties, and fees arising from your participation in the Affiliate Program, including any taxes on Commissions.
Term and Termination
Term: This Agreement will commence upon our acceptance of your Affiliate Application and will continue until terminated by either party.
Termination: Upon termination, you will immediately cease use of all Affiliate Links and remove all references to Taxbordr from your website and other promotional channels.
Effect of Termination: Upon termination, you will immediately cease use of all Affiliate Links and remove all references to Taxbordr from your website and other promotional channels.. Any unpaid Commissions earned prior to termination will be paid to you in accordance with this Agreement.
Confidentiality
During the term of this Agreement, you may receive confidential information from Taxbordr, including but not limited to Affiliate Links, Commission rates, and marketing strategies.You agree to maintain the confidentiality of such information and not to disclose it to any third party without Taxbordr's prior written consent.
Data Protection
Personal Data: In performing your obligations under this Agreement, you may process personal data of Referred Customers. You agree to comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), when processing such personal data.
Data Processing Agreement: If required by applicable law, the parties will enter into a separate data processing agreement governing the processing of personal data in connection with the Affiliate Program.
Disclaimer of Warranties
Taxbordr's website, products, services, and Affiliate Program are provided "as is" and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
Limitation of Liability
In no event will Taxbordr be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages. Taxbordr's total liability under this Agreement will not exceed the Commissions paid or payable to you in the twelve (12) months preceding the event giving rise to the claim.
Indemnification
You will indemnify, defend, and hold harmless Taxbordr and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your participation in the Affiliate Program or breach of this Agreement.
Governing Law and Jurisdiction
This Agreement will be governed by and construed in accordance with the laws of Portugal. Any disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the courts of Portugal or the European Union.
Miscellaneous
Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the Affiliate Program and supersedes all prior agreements or understandings, whether written or oral.
Modification: We reserve the right to modify this Agreement at any time by posting the revised Agreement on our website. Your continued participation in the Affiliate Program after such modifications will constitute your acceptance of the revised Agreement.
Assignment: You may not assign this Agreement without Taxbordr's prior written consent. Taxbordr may assign this Agreement at any time without notice.
Waiver: The waiver by either party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach.
Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision will be reformed to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
Contact Information
If you have any questions about this Agreement or the Affiliate Program, please contact us at info@taxbordr.com or:
Taxbordr - International Tax Advisors, Lda
Av. Eng. Arantes e Oliveira 3 R/C, 1900-221 Lisboa Portugal
By participating in the Taxbordr Affiliate Program, you agree to be bound by this Agreement. If you do not agree to this Agreement, you may not participate in the Affiliate Program.