Operating Agreement for the Affiliate Program
The Spanish version of the Operating Agreement is the final version for all legal purposes for all. English translations are available for informational purposes.
Effective as of March 1, 2018
The following Operating Agreement for the Affiliate Program (the “Operating agreement”) contains the terms and conditions that govern your participation in the Affiliate Program of Radionic International (The “Program”). “We”, “Us”, “Our”, “Ours” or “Radionic”, as appropriate, means Global Master Projects S.L. or any or the societies in the group. “You” or “your” means the applicant. A “Site” means a website. The Site radionic-international.com mean, individually and jointly, as appropriate, the “Radionic Site“. “Your site” means any site, user-generated content on your social networks and software applications that you own or operate and link to the Radionic Site. Please note that to participate in the Program you must review the Participation Requirements in the Affiliate Program.
BY CHARTING THE BOX INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS OPERATING AGREEMENT, OR BY CONTINUING PARTICIPATING IN THE PROGRAM AFTER WE PUBLISH A NOTICE OF MODIFICATION OR THE REVISED AGREEMENT ON THE RADIONIC SITE AND, IN THE EVENT OF MODIFICATIONS TO THE TERMS CONTRACTUAL OF THIS OPERATING AGREEMENT, THAT WE SEND A NOTIFICATION TO THE EMAIL ADDRESS ASSOCIATED AT THAT TIME IN YOUR ACCOUNT IN THE PROGRAM, YOU (A) AGREE TO BE BOUND BY THIS OPERATING AGREEMENT AND THE OPERATIONAL DOCUMENTATION; (B) YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE INDIVIDUALLY EVALUATED THE CONVENIENCE OF PARTICIPATING IN THE PROGRAM AND THAT YOU ARE NOT BASED ON ANY STATEMENT, WARRANTY OR COMMITMENT EXCEPT AS EXPRESSLY PROVIDED IN THIS OPERATING AGREEMENT; (C) HEREBY DECLARES AND GUARANTEES THAT YOU HAVE LEGAL CAPACITY TO CELEBRATE CONTRACTS (IE, YOU ARE NOT A MINOR OR AGAINST ANY LEGAL INCAPACITATION FOR THE CELEBRATION OF CONTRACTS), AND THAT YOU MEET AND WILL CONTINUE FULFILLING THIS OPERATING AGREEMENT , INCLUDING THE REQUIREMENTS FOR PARTICIPATION IN THE AFFILIATE PROGRAM; AND (D) YOU AGREE TO FULFILL THE REQUIREMENTS ESTABLISHED IN THE ANNEX; (E) YOU DECLARE AND WARRANT THAT YOU AND ITS FINANCIAL INSTITUTIONS ARE NOT PENALTY OR INCLUDED IN ANY OTHER LIST OF PROHIBITED OR RESTRICTED PERSONS OR ENTITIES AND THAT IT IS NOT PROPERTY OR IS CONTROLLED BY A PERSON OR ENTITY OF THIS TYPE; SAID LISTS INCLUDE, IN AN UNCERTAIN, BUT NOT LIMITATION, THE LISTS THAT THE UNITED NATIONS SECURITY COUNCIL MAINTAINS, THE GOVERNMENT OF THE UNITED STATES. UU (FOR EXAMPLE, THE LIST OF NATIONALS SPECIALLY DESIGNATED AND THE LIST OF EVASTERS OF PENALTIES OF THE US TREASURE DEPARTMENT AND THE LIST OF ENTITIES OF THE US DEPARTMENT OF COMMERCE), THE EUROPEAN UNION OR ITS MEMBER STATES OR ANY ANOTHER RELEVANT GOVERNMENT AUTHORITY; (F) DO NOT EXPORT, RE-EXPRESS, TRANSMIT OR MAKE ANY MERCHANDISE, SOFTWARE OR TECHNOLOGY (“ITEMS“) ANY COUNTRY, PERSON, COMPANY, ORGANIZATION OR ENTITY ANY REPRESENTATION, TRANSPORTATION OR TRANSMITTING, EITHER DIRECTLY OR INDIRECTLY; WHO SUCH EXPORTATION REEXPORTS OR TRANSMISSION IS RESTRICTED OR PROHIBITED, WHICH INCLUDES ANY COUNTRY, PERSON, COMPANY, ORGANIZATION OR ENTITY SUBJECT TO SANCTIONS OR EMBARGOMENTS ADMINISTERED BY THE UNITED NATIONS, DEPARTMENTS OF STATE OF TREASURE OR COMMERCE OF EE. UU., THE EUROPEAN UNION OR ANY OTHER RELEVANT GOVERNMENT AUTHORITY; AND (G) UNDERSTAND THAT PART OF THE SOFTWARE, TECHNOLOGY OR INFORMATION ASSOCIATED WITH THAT YOU AND YOUR EMPLOYEES OR CONTRACTORS HAVE ACCESS MAY BE SUBJECT TO EXPORT CONTROL LAWS AND REGULATIONS (THE “MATERIALS SUBMITTED TO EXPORT CONTROL“). WITHOUT THE PRIOR AND WRITTEN CONSENT OF RADIONIC, YOU WILL NOT ALLOW ANY OF YOUR EMPLOYEES OR CONTRACTORS TO ACCESS OR USE ANY MATERIAL SUBJECT TO EXPORT CONTROL, IF THAT ACCESS OR USE REQUIRES AN EXPORT LICENSE.
IN ADDITION, IF IT IS A COMMERCIAL COMPANY OR OTHER LEGAL ENTITY WHO IS CELEBRATING THIS OPERATING AGREEMENT, THE PERSON GRANTING THE CONSENT IN THE NAME AND REPRESENTATION OF SUCH COMPANY OR ENTITY HEREBY DECLARES AND GUARANTEES THAT IT IS AUTHORIZED AND HAS FULL LEGAL CAPACITY TO LINK A THE COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.
1. Description of the Program
The objective of the Program is to allow you to advertise Products on your website and obtain income from the advertising fees for the Adscribed Purchases (as defined in section 7) made by your end users. A “Product” is any item sold on the Radionic Site. A Product may also include certain services, if any, expressly included in the List of Commissions for Advertising of the Affiliate Program. In order to facilitate the advertising of the Products, we may make available data, images, texts and other linking tools, and other types of information related to the Program (the “Content“).
To begin the process, you must fill in the Registration Form and accept the conditions. We may dismiss your request if we believe it is inappropriate. Inappropriate websites include those that:
(a) Encourage or contain sexually explicit materials;
(b) Encourage violence or contain violent materials;
(c) Encourage or contain defamatory or slanderous materials;
(d) Encourage discrimination, or use discriminatory practices, based on race, sex, religion, nationality, sexual orientation or age;
(e) Encourage or carry out illegal activities;
(h) Violate for any reason any intellectual property rights.
In the event that we deny your request, you may resubmit another at any time. However, if we accept your request and later consider that your site is inadequate, we may terminate this Operating Agreement.
You must ensure that the information contained in your request to participate in the Program and any other information related to your account, including your email address and other contact information and identification of your site, is always complete, accurate and updated. We may send you, notifications (if any), approvals (if any) and other communications related to the Program and this Operating Agreement to the email address associated at that time to your account in the Program. You will be deemed to have received all notifications, approvals and other communications sent to that email address, even if the address associated with your account is not current.
By participating in the Program, you agree to develop all services covered by this Operating Agreement.
3. Links on your Site
Once you are notified that you have been accepted into the Radionic Affiliate Program, you can display Special Links on your site. The “Special Links” are unique links to the Radionic Site that have been provided to you, which you add to your site in accordance with this Operating Agreement, that properly utilize the special “tagged” link formats that we offer (including identification of Affiliate that you received to use with said Radionic Site), and that meet the Requirements. The Special Links allow an accurate tracking, counting and accrual of commissions for advertising.
You may earn advertising commission income only in accordance with what is described in section 7 and only in relation to the relevant Radionic Site activity that takes place through the relevant Special Links. We have no obligation to pay advertising fees if you do not properly format the links on your site to the Radionic Site as Special Links, including to the extent that such lack of formatting results in a reduction of the amounts of advertising fees that in case otherwise they would have been paid under this Operating Agreement.
4. Program requirements
By participating in the Program, you agree to comply with the Participation Requirements in the Affiliate Program and all pages, lists, policies, guidelines, specifications, user manuals and support materials that we make available to you, as well as other documents and materials cited. in this Operating Agreement (collectively referred to as “Operational Documentation“).
You will provide us with any information that we request in order to verify compliance on your part of this Operating Agreement or any Operational Documentation. In addition to other rights or remedies available to us, we may terminate this Operating Agreement with Cause, if we determine that you or others we believe are affiliated with you or act in concert with you (en relación con una cuenta de Afiliados existente o cerrada):
- Does not meet the requirements or restrictions described on the Participation Requirements page in the Affiliate Program or has otherwise violated this Operating Agreement or other Operations Documentation; O well
- You have infringed the License; or
- You have violated any restriction or requirement described in the applicable agreements that govern participation in other Affiliate Programs offered by any of our affiliates; or
In addition, you hereby authorize us to:
- send you emails related to the Program from time to time;
- Register, use and disclose information about your site and the visitors to your site that we obtain through the Special Links you include (for example, if a client clicked on a Special Link included in your site before buying a Product on the Radionic Site) in accordance with the terms of our privacy notice, which can be found here; and
- Track or investigate your site in any other way to verify compliance with this Operating Agreement or any Operational Documentation.
5. Responsibility for Your Site
You will be solely responsible for your site, including the development, operation and maintenance of it and all the materials that appear in it. For example, you will be solely responsible for:
- The technical functioning of your site and all related equipment;
- Displaying the Special Links and the Content of your site in accordance with this Operating Agreement, the Operational Documentation, the applicable legislation and in accordance with any other agreement signed between you and another person or entity (including any restrictions or requirements imposed on you) by any other person or entity that hosts your site);
- Create and publish the materials of your site and ensure that such materials are accurate, complete and appropriate (including all descriptions of Products and other materials related to them and any information included within the Special Links or relative to the same);
- Use the Content, its site and the materials included in it so that no infringement, violation or misappropriation of any of our rights or those held by any other person or entity (including copyright, trademarks, privacy, publicity or other intellectual property rights or property rights);
- Any use you make of the Contents, and of the Radionic Marks, whether or not permitted by virtue of this Operating Agreement.
We will not have any responsibility for these issues or for claims of your end users related to these issues, and you agree to defend, indemnify and hold Radionic, our group companies and licensees and our respective employees, officers, directors and representatives (and of companies of our group and licensees) free from any claims, damages, losses, liabilities, costs and expenses (including attorneys’ fees) related to (a) your site or any materials that appear on your site, including any combination of your site or of said materials with other applications, contents and processes; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your site or of any materials that appear on your site, and any other matters described in Section 5; (c) your use of any Content, regardless of whether this is authorized by this Operative Agreement, any Operational Documentation or applicable law; (d) a breach by you of any term or condition of this Operating Agreement or any Operating Documentation; or (e) negligent or willful misconduct on your part or by your employees
6. Order processing
We will process those Product orders made by customers who follow the Special Links from their site to the Radionic Site. We reserve the right to reject orders that do not meet any of the requirements of the Radionic Site, as they may be updated periodically. We will monitor the Adscribed Purchases (defined in Section 7) for the purpose of making reports and accruing commissions for advertising, and we will make available to you reports that summarize these Adscribed Purchases.
7. Commissions for advertising
We will pay the advertising fees on the Adscribed Purchases in accordance with Section 8 and the List of Commissions for Advertising of the Affiliate Program. Subject to the exemptions set forth below, a Program Attached Purchase (an “Assigned Purchase“) takes place when (a) a customer clicks a Special Link from their site to the relevant Radionic Site related to the identification of the relevant Affiliate for said Radionic Site. ; (b) during a single Session said customer, or (i) adds a Product to your shopping cart and places an order for said Product within a period of 89 days after the customer’s first access through said link; and (c) the Product is sent to the customer or he / she downloads it, and the customer pays the price of the Product.
A “Session” begins when a customer clicks on a Special Link from their site to the Radionic Site and ends with the first of the following events: (x) after 24 hours from that click; (and) the customer places an order for a Product that is not a Digital Product; or (z) the client follows a Special Link to the Radionic Site that is not your Special Link.
A “Digital Product” is a downloadable product of our Radionic Site.
Of the Adscribed Purchases, the following are excluded (and we will not pay any advertising commission in relation to any):
- Any Product that, after the expiration of the corresponding Session, the Shopping Basket of a client is added, even in the event that the client has previously followed a Special Link from his site to the Radionic Site;
- Any Product purchase that has not been properly tracked or registered because the links on your site to the relevant Radionic Site are not properly formatted;
- Any Product purchased by you or on your behalf through a Special Link (for example, personal orders, orders placed by you for your own use and orders placed by you on behalf of any other person or entity);
- Any Product purchased for resale or for any use of a commercial nature;
- Any Product purchased after the resolution of this Operating Agreement;
- Any product order in which a cancellation, return or refund has been initiated.
8. Payment of the Commissions for advertising
We will pay monthly advertising fees for the Adscribed Purchases sent or downloaded directly (as applicable) of a given month, subject to possible deductions or deductions described below. Advertising commissions will be paid in Euros €. We will pay approximately 60 days after the end of each calendar month using the payment method you choose, among the following options available:
(a) Payment by direct credit in account. If you opt for the direct payment in account, we will directly pay you the commissions for advertising that correspond to you in the bank account that you designate, but we will be able to earn and retain the commissions for advertising until the total amount owed amounts to at least € 395 per Purchase. Adscribed made on the Radionic Site. If you choose this method of payment, you must provide us with the name of your bank, the IBAN code, the BIC and the name of the main account holder as it appears on it. This payment method is only available for bank accounts located in some countries.
(b) Pay by Paypal. If you choose to pay by Paypal, we will transfer the amount of the advertising commissions that correspond to you, but we may earn and retain the advertising fees until the total amount owed amounts to at least € 395 for Adscribed Purchases made on the Radionic Website. . For this it is essential to provide us with the email associated with your PayPal account.
If at any time there has been no substantial activity in your account for at least 3 years, we will have the right, by previously notifying you in writing seven (7) days before, to close your inactive account and to resolve this Operating Agreement. We may deduct or withhold taxes that we are required by law to deduct or withhold from the amounts payable to you under this Operating Agreement. The payments we make to you, less such deductions or withholdings, will constitute the total payment and the settlement of the amounts payable to you under this Operating Agreement. At certain times, we may ask for tax information. If we request tax information from you and you do not provide it to us, we may (in addition to any other rights or indemnities that apply) retain your advertising fees until you provide us with such information or until you prove to us by other means that you are not an person from whom we must obtain tax information. Radionic will pay the applicable VAT if you provide us with an invoice that meets the requirements of valid VAT invoices and in which the applicable correct VAT is indicated separately.
9. Policies and price
The Clients who purchase products assigned to this Program are our customers with regard to all the activities they carry out in relation to the Radionic Website. Accordingly, in the same way as between you and us, all prices, terms of sale, rules, policies and operating procedures related to customer orders, customer service and sales of products established on the Radionic Site will be applicable to those customers and we can modify these conditions at any time.
10. Identification as an Affiliate
You may not issue any press release or make any other public communication regarding this Operating Agreement, the use of the Content by you or your participation in the Program. You may not misrepresent or distort the relationship established between us and you (including an express or implied statement that we support, sponsor, encourage or contribute to any charitable or other cause), or expressly or implicitly state any relationship or association between us and you or any other person or entity, except to the extent expressly authorized by virtue of this Operating Agreement.
11. Compliance with laws
In connection with your participation in the Program, you must comply with all laws, ordinances, rules, orders, licenses, permits, regulations, judgments, applicable decisions, guidelines, codes of practice, and other requirements of (a) any governmental authority that has jurisdiction over you or (b) any competent regulatory or self-regulatory body, including the laws governing electronic commercialization [eg, laws and regulations approved to comply with Directive 2002/58 / EC (Directive on privacy and electronic communications) ] and the laws and regulations on data protection, in addition to the regulations applicable to advertising, marketing and promotion.
12. Validity and resolution
This Operating Agreement will become effective the moment we accept your request to participate in the Program and will end when you or we resolve it. You or we may terminate this Agreement at any time, with or without cause, by notifying the other party in writing at least 7 days in advance.
In addition, we may terminate this Agreement immediately at any time if there is a reason to do so by written notice. “Reason” means any of the following hypotheses: (a) you commit a serious breach of this Agreement or a slight breach of this Agreement but do not rectify it within seven days; (b) we consider that we can face possible claims or liabilities arising from your participation in the Program; (c) we believe that our brand or reputation may be harmed by you or by your participation in the Program; (d) we consider that we are or may be subject to tax payment requirements in connection with this Agreement or with the activities carried out by any of the parties thereto; (e) we have previously terminated this Operating Agreement with you and other persons we have determined are affiliated with you or act in collusion with you for any reason, or (f) terminate the Program in the version in which we generally place disposition of the participants. In order to avoid any possibility of doubt, and without limitation, for the purposes of point (a) above, any violation of Sections 3, 4, 5, 10 or 13, or Section 1 of the License may be considered a serious breach of this Agreement.
Upon termination of this Operating Agreement, (a) we may retain the payments due for a reasonable period of time after the termination to ensure that the appropriate amount has been paid (eg to respond to any cancellation or refund), and (b) ) each and every one of the licenses that you hold in relation to the Content will be automatically canceled and you will immediately stop using the Content and will promptly remove your site and delete or destroy by any means all the links to the Radionic Site, all the Radionic ‘s trademarks, any other Content and any other materials provided or made available by us or on our behalf under this Operating Agreement or for any other reason in connection with the Program. In addition, upon termination of this Operating Agreement by reason, Radionic may permanently retain the accumulated and unpaid payments owed under this Operating Agreement at the time of termination without notice and without prejudice to any right of Radionic to recover the damages greater than this figure. Upon termination of this Operating Agreement, all licenses, rights and obligations of the parties shall be extinguished, although all the rights and obligations of the parties under Sections 5, 9, 10, 13, 14, 16, 17, 18, 19, and 20 and Sections 1 (third paragraph) and 3 of the License will survive the resolution of this Operating Agreement. Under the terms of Section 14, the expiration of this Operating Agreement will not affect the rights, indemnities, obligations and liabilities accrued and pending upon maturity.
We may modify any of the terms and conditions contained in this Operating Agreement at our sole discretion and at any time, at least seven days in advance of the effective date of the modification, publishing a notice or revised agreement on the Radionic Site. or by sending a notification to the email address associated at that time to your account in the Program. Modifications may include, for example, changes in the List of Commissions for Advertising of the Affiliate Program, in the payment procedures and in the requirements of the Program. During the aforementioned seven-day period, you may, as the sole recourse, notify your objections to the modifications and, if you do so, your account will be automatically canceled on the effective date of the modification to which you objected.
IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR SOLE REMEDY IS TO RESOLVE THIS OPERATING AGREEMENT. IF YOU CONTINUE TO PARTICIPATE IN THE PROGRAM AT THE EFFECTIVE DATE OF THE MODIFICATION, IT WILL CONSTITUTE YOUR ACCEPTANCE OF THE MODIFICATION WITH BINDING CHARACTER.
14. Relations between the parts
You and we are independent contractors, and nothing included in this Operating Agreement or Operating Documentation will constitute an association, joint venture, agency, franchise, sales representation or employment relationship between you and us or our respective group companies. You have no authority to make or accept offers or representations on our behalf or in our group companies. You can not make any statement, either on your site or by any other means, that contradicts or could contradict anything included in this section. If you authorize, assist, encourage or facilitate any other person or entity to carry out any action related to the purpose of this Operating Agreement, you will be deemed to have carried out such action yourself.
15. Limitation of liability
WE WILL NOT BE RESPONSIBLE IN THE EVENT OF INDIRECT, SECONDARY, SPECIAL, EMERGING OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, OR ANY LOSS OF PROFITS, USES OR DATA, OR DAMAGE TO THE IMAGE) RELATED TO THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE RADIONIC SITE OR THE SERVICE OFFERS (AS DEFINED BELOW), EVEN IF YOU HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND DAMAGES. IN ADDITION, OUR TOTAL LIABILITY IN CONNECTION WITH THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE RADIONIC SITE AND THE SERVICE OFFERS WILL NOT EXCEED THE TOTAL AMOUNT OF THE ADVERTISING COMMISSIONS PAYABLE TO YOU UNDER THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRIOR TO THE DATE ON WHICH THE EVENT THAT ORIGINS THE MOST RECENT LIABILITY CLAIM OCCURS.
NOTHING THAT IS INCLUDED IN THIS AGREEMENT (INCLUDING THE PREVIOUS PARAGRAPH) SHALL EXCLUDE: (I) THE LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM A NEGLIGENCE BY ANY OF THE PARTIES, OR THEIR EMPLOYEES, AGENTS OR AUTHORIZED REPRESENTATIVES, (II) THE CONTRACTUAL RESPONSIBILITY OF ANY PARTY IN THE EVENT OF SERIOUS NEGLIGENCE OR HARMFUL CONDUCT, OR (III) ANY LIABILITY THAT MAY NOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LEGISLATION.
16. Exemptions from liability
THE PROGRAM, THE RADIONIC SITE, ANY OF THE PRODUCTS AND SERVICES OFFERED ON THE RADIONIC SITE, ANY OF THE SPECIAL LINKS, THE LINK FORMATS, THE OPERATIONAL DOCUMENTATION, THE CONTENT, THE RADIONIC DOMAIN NAMES, THE RADIONIC TRADEMARKS AND OF GROUP COMPANIES, DOMAIN NAMES AND LOGOS (INCLUDING RADIONIC BRANDS) AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXT AND OTHER INFORMATION AND CONTENTS PROVIDED AND USED BY WE (OR IN OUR NAME) OR BY SOCIETIES OF OUR GROUP OR LICENSORS (OR ON BEHALF OF HIS NAME), IN RELATION TO THE PROGRAM (DENOMINATED JOINTLY AS THE “SERVICE OFFERS“) ARE PROVIDED IN THE “STATE IN WHICH THEY ARE “
NEITHER US NOR ANY COMPANY OF OUR GROUP OR LICENSORS MAY MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, LEGAL OR OTHERWISE IN CONNECTION WITH THE OFFERS OF SERVICE.
–EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE AND PARTNERS OF OUR GROUP AND LICENSEES REJECT NO WARRANTY IN CONNECTION WITH THE OFFERINGS OF SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE. , NO INFRINGEMENT AND PACIFIC ENJOYMENT, AND ANY WARRANTY ARISING FROM ANY AGREEMENT, EXECUTION OR COMMERCIAL USE. WE MAY CANCEL ANY SERVICE OFFER, OR WE MAY CHANGE THE NATURE, CHARACTERISTICS, FUNCTIONS, REACH OR OPERATION OF ANY SERVICE OFFER, AT ANY TIME AND WHEN WE LOOK FOR IT TIMELY. NEITHER US NONE OF OUR GROUP COMPANIES OR LICENSORS WARRANT THAT THE SERVICE OFFERS WILL CONTINUE OFFERING, OPERATING IN THE MANNER DESCRIBED, REGULARLY OR OTHERWISE, OR WILL CONTINUE TO BE EXACT OR UNINTERRUPTED, OF ERRORS OR HARMFUL COMPONENTS.
–NEITHER US NONE OF OUR GROUP COMPANIES OR LICENSORS WILL BE RESPONSIBLE IN THE EVENT OF (A) ERRORS, INACCURACIES OR INTERRUPTIONS OF THE SERVICE, INCLUDING POWER SUPPLY CUTS OR FAILURES OF COMPUTER SYSTEMS; OR (B) UNAUTHORIZED ACCESS TO YOUR SITE OR ANY DATA, IMAGE, TEXT OR OTHER INFORMATION OR CONTENT, OR IN THE EVENT OF ERASING, DESTRUCTION, DAMAGE OR LOSS OF ANY OF THEM.
– NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR ENTITY THROUGH THE PROGRAM, THE CONTENT, THE OPERATIONAL DOCUMENTATION, THE RADIONIC SITE, OR THE RADIONIC SITE GROUP’S SITE PROGRAM SITES WILL INVOLVE THE CREATION OF A WARRANTY IF NOT EXPRESSLY STATED IN THIS OPERATING AGREEMENT.
– IN ADDITION, NEITHER NORSOVER OF OUR GROUP OR LICENSORS WILL BE LIABLE FOR COMPENSATION, REIMBURSEMENT OR DAMAGES ARISING FROM (X) ANY LOSS OF POTENTIAL PROFITS OR INCOME, TRADE FUND OR OTHER BENEFITS (AND) INVESTMENTS, EXPENSES OR COMMITMENTS FOR YOUR PART IN CONNECTION WITH THIS OPERATING AGREEMENT OR WITH ITS PARTICIPATION IN THE PROGRAM, OR (Z) ANY RESOLUTION OF THIS OPERATING AGREEMENT OR ITS PARTICIPATION IN THE PROGRAM.
The laws of the Kingdom of Spain, without taking into account the principles of conflicts of laws, will govern this Operating Agreement and any dispute of any nature that may arise between you and us. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the City of Seville (Spain). Notwithstanding any provision to the contrary in this Operating Agreement, we may request injunctive or other legal actions in any state, federal or national court or jurisdiction for any alleged or actual infringement of our property or intellectual property rights, or of those of any other person. In addition, you acknowledge and agree that our rights to the Content are of a special, unique and extraordinary nature, which gives them a special value, whose loss can not be easily estimated or adequately compensated for monetary damages.
You acknowledge and agree that we and the companies of our group may seek at any time, directly or indirectly, customers in conditions that may differ from those contained in this Operating Agreement or operate sites that are similar or compete with yours. You may not assign this Operating Agreement, in accordance with law or by other means, without our express prior written approval. We may assign it to any of the companies of our group or to a third party that agrees to abide by our covenants and obligations stipulated here. Subject to such restriction, this Operating Agreement will be binding on the parties and their respective successors and assigns, will be in their best interest and will be enforceable against them.
You acknowledge that you have read and accept the conditions of our Privacy Notice which can be found here. Unless you notify us otherwise by using the procedure described in the Privacy Notice, you authorize us to process your personal data obtained through the Program, to be used only by us or by our group companies. However, this information may be transferred to our suppliers or suppliers of our group companies, as well as to service providers for compliance with direct requirements or associated with the execution of this Operating Agreement.
In case we do not oblige you to strictly comply with any of the stipulations contained in this Operating Agreement or Operational Documentation, this will not constitute a waiver of our right to later enforce said stimulation or any other contained in this Operating Agreement. In case of any conflict between this Operating Agreement and the Operational Documentation, the Excluded Products page and the Trademark Guidelines of the EU Affiliate Program, these will prevail over this Operating Agreement and this Operating Agreement will prevail over any other Operational Documentation. Whenever used in this Operating Agreement, the terms “includes”, “included” (and their respective plural and / or feminine forms), “for example” mean, respectively, “includes, without limitation”, “included, limitation “and” for example, without limitation “. Any determination or update we may make, any action we may take and any authorization that may be granted under this Operating Agreement will be made, taken or granted in our sole discretion.
All non-public information that we provide in relation to the Operating Agreement is considered confidential information, and you will keep it in strict confidentiality and will not disclose it to third parties (other than its affiliates) or use it for any purpose other than compliance with the Operating Agreement. , restriction that will be added to the conditions of any agreement of confidentiality or non-disclosure between the parties.
The authentic language of this Operating Agreement and of the Operational Documentation will be Spanish, and any translation will be made only for greater convenience. In case of any conflict or difference of interpretation between the Spanish version of this Operating Agreement and the Operational Documentation and any translation thereof, the version and interpretation in Spanish will prevail.