Please read this Agreement carefully before joining the Partner Program (or 'Affiliate Program'). By using the website https://zegsu.com (the “Site”), the applications, the features and other content (collectively, the “Services”) offered by Zegsu Software Solutions LLP (“Zegsu” or “We”), you signify your assent to become bound by the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you do not have any right to use the Services.
The Services are accessed by you (“User” or “You”) under the following terms and conditions:
1. PARTNER Obligations
To begin the enrollment process, you will complete and submit the online application at the website zegsu.com/partners. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
- Promotes sexually explicit materials
- Promotes violence
- Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Promotes illegal activities
- Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
- Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
- Contains software downloads that potentially enable diversions of commission from other partners in our program.
- You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are Zegsu or any other affiliated business.
As a member of the Zegsu Partner Program, you will have access to Partner Dashboard to manage your work. Here you will be able to review our Program’s details and get access to your unique affiliate links and/or banner creatives. In order for us to accurately keep track of all guest visits from your site to ours, you must use the affiliate link that we provide for each banner, text link, or other affiliate links we provide you with.
The maintenance and the updating of your site will be your responsibility. We may notify you of any changes that we feel should enhance your performance.
It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
2. ZEGSU's Rights and Obligations
We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in Zegsu Partner Program.
Zegsu reserves the right to terminate this Agreement and your participation in the Zegsu Partner Program immediately and without notice to you should you commit fraud in your use of the Zegsu Partner Program or should you abuse this program in any way. If such fraud or abuse is detected, Zegsu shall not be liable to you for any commissions for such fraudulent sales.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email, or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such an event, you will be notified by email. Modifications may include but are not limited to, changes in the payment procedures and Zegsu Partner Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in the Zegsu Partner Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
You can send a request to withdraw all the commission when Your Balance in your partner account reaches at least US$10. We may NOT notify you of the amount of money in your account, it shall be your responsibility to read and fully understand our payment policy.
Zegsu uses a third party to handle the payment. The third party is Paypal. Kindly review the site’s payment terms and conditions.
6. Access to PARTNER Account Interface
You will create a password so that you may enter Zegsu's secure partner account interface. From the site, you will be able to receive the reports that will describe our calculation of the commissions due to you.
7. Promotion Restrictions
You are free to promote your own websites, but naturally, any promotion that mentions Zegsu could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Zegsu. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups, and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Zegsu so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Zegsu so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Zegsu. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the Zegsu Partner Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
Partners are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Zegsu’s services).
8. Grant of Licenses
We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials” or the “Content”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Zegsu Partner Program. You agree that all uses of the Licensed Materials will be on behalf of Zegsu and the goodwill associated therewith will inure to the sole benefit of Zegsu.
Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene, or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights, and no right, title, or interest is transferred to the other.
9. Warranty Disclaimer
Zegsu has no special relationship with or fiduciary duty to you. You acknowledge that Zegsu has no control over, and no duty to take any action regarding which users gain access to the Services; what Results you may obtain via the Services; what effect the Content may have on you; how you may interpret or use the Results; or what actions you may take as a result of having been exposed to the Content. You release Zegsu from all liability for your having acquired or not acquired Content and Results through the Services. Zegsu does not manage or control any business or individual that you may interact with through the Services, and Zegsu accepts no responsibility or liability for any act or omission by such entity. You hereby waive any and all legal or equitable rights or remedies you have or may have against Zegsu with respect to acts and omissions by such entities.
The Services may contain or direct you to sites containing, information that some people may find offensive or inappropriate. Zegsu makes no representations concerning any content contained in or accessed through the Services, and Zegsu will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. THE SERVICES, CONTENT, RESULTS, SITE, AND ANY SOFTWARE ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY LAW, ZEGSU DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, RELIABILITY, AVAILABILITY, COMPLETENESS, LEGALITY, OR OPERABILITY OF THE MATERIAL PROVIDED THROUGH THE SERVICES. BY USING THE SERVICES, YOU ACKNOWLEDGE THAT ZEGSU IS NOT RESPONSIBLE OR LIABLE FOR ANY HARM RESULTING FROM (1) USE OF THE SERVICES; (2) DOWNLOADING INFORMATION CONTAINED ON THE SERVICES; (3) UNAUTHORIZED DISCLOSURE OF IMAGES, INFORMATION, OR DATA THROUGH THE SERVICES; AND (4) THE INABILITY TO ACCESS OR RETRIEVE ANY RESULTS FROM THE SERVICES, INCLUDING, WITHOUT LIMITATION, HARM CAUSED BY VIRUSES OR ANY SIMILAR DESTRUCTIVE PROGRAM.
12. Limitations of Liability
IN NO EVENT SHALL ZEGSU, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, MEMBERS, AGENTS AND REPRESENTATIVES BE LIABLE WITH RESPECT TO THE SERVICES FOR (A) ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND; (B) DAMAGES FOR LOSS OF USE, PROFITS, DATA, IMAGES, CUSTOMER DATA OR OTHER INTANGIBLES; © DAMAGES FOR UNAUTHORIZED USE, NON-PERFORMANCE OF THE SITE, ERRORS OR OMISSIONS; OR (D) DAMAGES RELATED TO DOWNLOADING OR USING RESULTS. ZEGSU’S LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DAY THE ACT OR OMISSION OCCURRED THAT GAVE RISE TO YOUR CLAIM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You hereby agree to indemnify and hold harmless Zegsu, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary rights of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without the express written permission of the disclosing party.
Copyright 2021 Zegsu Software Solutions LLP. All rights reserved.