Obligations of the Affiliate. (a) The Affiliate shall, at its own costs and expenses, receive and retransmit the Subscribed Channels from designated satellites.
(b) The Affiliate shall retransmit signals of the Subscribed Channels to the Subscribers in the Areas onlythrough the Distribution Systems. The Affiliate shall be responsible, at its sole cost and expense, for obtaining all licenses and permits necessary for the foregoing.
(c) The Affiliate shall collect fees from the Subscribers, either directly or through its Local Cable Operators, and pay the Subscription Fees to KMSPL, in a timely manner.
(d) The Affiliate shall ensure retransmission of high quality signal of the Subscribed Channels to the Subscribers in the Areas.
(e) The Affiliate shall furnish updated list of Local Cable Operators along with their Subscriber Base to KMSPL on a monthly basis in terms of Clause 12 of the Telecommunication (Broadcasting and Cable Services) Interconnection Regulation, 2004 (as amended from time to time).
(f) The Affiliate shall take all necessary action to prevent unauthorized access of the Subscribed Channels in the Areas and shall regularly provide to KMSPLwith updated piracy reports.
Obligations of the Affiliate. 4.1 The Affiliate declares that he or she has carefully read these Terms and Conditions and that he or she is eligible to conclude and fulfil the obligations of this Contract. The Affiliate further undertakes to and declares that:
a) he or she is not an employee of the Provider;
b) Advertising Website is not created solely for the purpose of displaying advertisement;
c) the purpose of Advertising Website is not the dissemination of content that is (i) in violation of the legal order or principles of morality, or (ii) xenophobic, racist, pornographic, cruel or abusive;
d) Advertising Website has the character of a finished web page, standard appearance and does not summon doubts as to the trustworthiness of its content;
e) the location of the Advertising Area on Advertising Website will not lead to the diminishing of the Provider’s reputation or any other injury to the Provider;
f) he or she shall not modify the Advertising Area or the Affiliate Link;
g) he or she shall place the Advertising Area only on Advertising Website he or she had stated at registration;
h) he or she shall not send out emails or act on behalf of the Provider or give such impression;
i) he or she shall not violate trademarks or reputation of the Provider; and
j) he or she shall not transfer or sign over his or her obligations arising from the Contract without the prior written consent of the Provider.
4.2 At registration, the Affiliate shall state, inter alia, the URL of Advertising Website(s). Throughout Contract duration, the Affiliate is entitled to propose another Website via his or her Customer Account. Advertising Website, as well as the proposal of another Website on the part of the Affiliate are subjected to the approval of the Provider. At any time throughout the Contract duration, the Provider is entitled to decide that the Affiliate must not place The Main Website at any of the proposed Websites. In the event that the Provider notifies the Affiliate stating that he or she must not place The Main Website at a proposed Website, the Provider is also entitled to terminate The Contract without notice period.
4.3 After the conclusion of the Contract, the Affiliate shall obtain an Affiliate Link from the Provider. The Affiliate undertakes to put the Affiliate Link on his or her Website and verify that by placing Affiliate Link on Advertising Website, The Main Website including a functional link to x0xxxxxxx.xxx was established.
Obligations of the Affiliate. 1. The Affiliate shall implement Reasonable Security Procedures and Practices regarding Personal Information.
2. The Affiliate shall notify the Company immediately upon becoming aware of a Personal Information Breach involving the Personal Information.
3. If an Affiliate receives a request to know or a request to delete from a Consumer regarding the Personal Information and does not comply with such request, Affiliate shall explain the basis for the denial and inform the Consumer to submit the request directly to the Company and provide the Consumer with the contact information for the Company.
4. Affiliate, as a Service Provider, agrees that it will not:
1. Sell the Personal Information;
2. Retain, use, or disclose the Personal Information for any purpose other than for the specific purpose of performing the Services as specified in the Contract; and
3. Retain, use, or disclose the Personal Information outside the direct business relationship between the Affiliate and the Company, including to provide services to another person or entity. However, the Affiliate may combine the Personal Information with personal information received from other persons or entities to which it is a Service Provider to the extent necessary to detect data security incidents or protect against fraudulent or illegal activity.
5. Affiliate hereby certifies that it understands the restrictions set forth in (d)(i)-(iii) above.
Obligations of the Affiliate. 5.1 The Affiliate shall, at its own cost and expense, cause the Subscribed Channels to be received only from the designated satellite(s) as notified by 9X from time to time, and shall ensure distribution throughout the Area through its Distribution System on a separate dedicated channel(s) for reception by all Subscribers. The Affiliate shall be responsible, at its sole cost and expense, for obtaining all Licenses and permits necessary for the foregoing.
5.2 The Affiliate shall use its best efforts to maintain a high quality of signal transmission for the Subscribed Channels and shall take all other necessary steps to ensure that: (i) The Affiliate further agrees and undertakes that it shall cause continuous distribution of the Subscribed Channels to all its Subscribers during its telecast without blacking it out or interfering with it in any manner whatsoever.
5.3 The Affiliate shall give preferred channel placement to all the Subscribed Channels in relation to the competitor’s channels. The Affiliate shall place the Subscribed Channels on the band and frequency listed in Applicable Annexure(s), as applicable. Further, 9X may at its sole discretion, request the Affiliate to interchange the Subscribed Channels within the bands and frequencies listed in Applicable Annexure(s), and the Affiliate shall be under an obligation to adhere to such requests. It is expressly agreed that one of the prime considerations that 9X has agreed to enter into the Agreement and grant the rights herein to the Affiliate to distribute the Subscribed Channels is based on the representation and assurance that the Subscribed Channels shall be given the placement on the band and frequency as specified herein. If the Affiliate fails to adhere to its obligations mentioned herein, it shall be deemed to be in breach of this Agreement, and 9X shall be entitled to terminate the Agreement and disconnect/deactivate the Subscribed Channels in addition to any other legal or equitable remedies available to it.
5.4 The Affiliate shall take all necessary action to prevent any unauthorized access to the Subscribed Channels in the Area and shall regularly obtain and provide to 9X updated piracy reports. The Affiliate, after taking written approval from 9X, will, at its own cost, take appropriate remedial actions to curb piracy in the Area. In the event the Affiliate fails to curb piracy, then 9X shall be entitled to terminate the Agreement and disconnect/deactivate the Subscribed Channels in addit...
Obligations of the Affiliate. 7.1 The Affiliate shall at all times:
7.1.1 monitor updates and comply with applicable guidance including but not limited to ASIC Regulatory guide RG234 (“Advertising financial products and services (including credit): Good practice guide);”
7.1.2 observe the best commercial and compliance practices in its performance of the Affiliate Services;
7.1.3 carry on its business in accordance with the spirit as well as the terms of any legislation affecting the provision of the Affiliate Services including the NCCP Act, standards and best practice imposed by ASB, ASIC regulatory guides and Other Regulatory Requirements;
7.1.4 comply with all applicable guidance and codes issued by regulatory authorities including the FCA, ASB and COSL;
7.1.5 treat all its customers fairly;
7.1.6 not charge any Customer a fee for provision of the Affiliate Services;
7.1.7 not hold itself out as an agent of the Company or advertise or promote itself as the Company's agent;
7.1.8 conduct its business with transparency and to disclose its status and the fact of any Commission that may be received by the Affiliate in all cases and, where specifically requested to do so by a Customer, the amount of such Commission;
7.1.9 notify the Company immediately in writing should a material adverse change in the condition or operations of the Affiliate’s business occur during the term of this Agreement;
7.1.10 notify the Company immediately if it becomes subject to any investigation by ASIC, OAIC, any state consumer protection department (such as Office of Fair Trading, Consumer Affairs, or Department of Commerce) or other law enforcement or regulatory body whether or not the investigation is related to the Affiliate Services; and
7.1.11 maintain up to date and accurate account information including contact information, details of customers marketed, details of the websites linked or used to display the Programme Material, third parties engaged or involved, visitor tracking information in the Affiliate's control and any other information relating to the delivery of the Affiliate Services and use of the Programme Materials that the Company reasonably requires (the Programme Account Information). The Affiliate agrees to provide the Company with accurate and up to date Programme Account Information on request.
7.2 In the provision of the Affiliate Services, the Affiliate shall notify the Company immediately on becoming aware of any complaint by a Customer or any breach or potential breach of FCA rul...
Obligations of the Affiliate. You agree to: ● Have sole responsibility for your site and for all the materials that appear on your marketing tools (website, printed advertisements, etc). ● Ensure that all materials posted on your website are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site. ● Indemnify, defend, and hold GF LEADS harmless from all claims, damages, and expenses relating to your site.
Obligations of the Affiliate. 1. THE AFFILIATE agrees and is bound to the terms and conditions through the registration and use of services.
2. THE AFFILIATE confirms to own all rights of the registered advertising space. As far as THE AFFILIATE registers the advertising space in behalf of third parties, he needs to provide the proof of legal capacity on its own initiative.
3. THE AFFILIATE is obliged to design the marketing of the products and services for its customers in a way that theft of service via manipulation or deception is precluded. All interactions with third parties, such as search engine entries or link lists always have to lead to valid actions.
4. THE AFFILIATE is obliged to only use marketing materials (text, banner, HTML, flash, forms etc.) that are supplied by LOGITRAVEL and are provided with the tracking links, which are necessary for the online success measurement. The supplied source codes must not be altered and should be exclusively used on THE AFFILIATE’s advertising space. Any transmission of marketing material to a third party requires written consent of LOGITRAVEL. In particular, THE AFFILIATE agrees that in any act relating to the promotion or marketing of the affiliate website/s, LOGITRAVEL’s website/s or any service the AFFILIATE may carry out:
(i) It is not permitted to display creative material (neither in the title or description) which contain errors (e.g. logictravel, logitravel hotels).
(ii) It is not permitted to use erroneous URL’s (e.g., xxx.xxxxxxxxxxx.xxx)
(iii) It is strictly forbidden to use Pop-ups and Pop-unders to serve iframes or similar.
(iv) It is not permitted to perform actions of cookie dropping (or mass cookie dropping).
(v) Webscrapping is not permitted.
(vi) The use of trademarks belonging to a third party (registered or not) are not permitted, unless the owner of the trademark has given its prior written consent.
5. If THE AFFILIATE provides e-mail marketing he is obliged to comply with the relevant legal requirements. THE AFFILIATE needs to be able to proof that every recipient of marketing mails has approved the mailing in accordance with the applicable law. All e-mail content shall be submit to LOGITRAVEL before distribution at LOGITRAVEL’s request.
6. THE AFFILIATE is obliged to exclusively use websites that are not suitable to damage the reputation of Logitravel’s business. Further, THE AFFILIATE agrees to consider and comply with all legal requirements of consumer protection. Advertising spaces that include pornographic, r...
Obligations of the Affiliate. 3.1 Affiliate Content. The Affiliate is solely responsible for the content where Referral Links are placed and shall conform to all applicable laws and regulations at all times.
Obligations of the Affiliate. 3.1 With the consideration of commissions payable by WM provided under clause 5, the Affiliate hereby agrees to the following: -
(a) with its best endeavour and effort, to meet the sales performance targets set by WM from time to time, in which the performance would be assessed via WM’s Standard Operating Procedure, as annexed in Schedule A;
(b) to provide true, fair and accurate information about the Products and Services offered by WM to Customers or potential Customers;
(c) not to hold itself as a permitted person or party being authorized to bind WM or WM’s members in any way apart than what is permitted under the Business;
(d) not to commit itself in crimes or unlawful activities by using the name of WM, WM’s Products and Services or any information relating to WM;
(e) to ensure itself is not in a position with conflict of interest in carrying out its duty under this Agreement;
(f) to protect and maintain the confidentiality of all Confidential Information and Trade Secrets that come to its knowledge during the term of this Agreement, and that confidentiality shall subsist even after the termination of this Agreement; and
(g) to comply with all lawful instructions of WM.
3.2 Failure to comply with the obligations above will lead to termination of this Agreement and followed by consequences as stated in clause 8.2.
Obligations of the Affiliate. 4.1. The Affiliate shall at all times:
4.1.1. provide such information and complete such forms as may reasonably be required by OMG;
4.1.2. ensure that all information provided to OMG is complete and accurate and not misleading.
4.2. The Affiliate is responsible for providing accurate and up to date details within the Affiliate Account, for the purposes of receiving payment or being contacted by OMG. OMG shall not be liable for any communication or payment that does not reach the Affiliate due to the inclusion of incorrect details within the Affiliates
4.3. OMG shall be entitled to act upon any information or requests that it reasonably believes comes from the Affiliate and OMG shall not be liable for any loss, damage costs or expenses howsoever arising directly or indirectly from its reliance on such requests.
4.4. The Affiliate shall not use or enable any third party to use information or data obtained through use of the Affiliate Account or any of the Services for the purpose of sending or generating unsolicited bulk e-mail or spam.
4.5. The Affiliate shall immediately notify OMG by email at xxxxxxx@xxxxx.xxx or such other e- mail address as OMG shall notify to the Affiliate for this purpose if:
4.5.1. it believes that any unauthorised use has been or may be made of the password referred to in clause 2; or
4.5.2. it suspects or is aware of any other actual or possible abuse of the Affiliate Programme by agents or employees of the Affiliate or by any third party.
4.6. The Affiliate shall not at any time use a Prohibited Site for any purpose directly or indirectly connected with this Agreement.
4.7. The Affiliate warrants that:
4.7.1. it owns or has the right to use all intellectual property rights in and relating to the Affiliate Website;
4.7.2. the Affiliate Website and all interactions with Users comply with all applicable laws, government rules and regulations and industry codes including (without limitation) those relating to data protection and privacy, advertising and the Financial Services and Markets Act 2000 (including without limiting the general nature of the foregoing, obtaining permission from the Financial Services Authority and/or Office of Fair Trading to carry out regulated activities).
