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. 3.1. The Affiliate hereby represents and warrants that:
(a) the Affiliate has read this Agreement and agrees to all its terms; this Agreement constitutes the Affiliate’s legal, valid, and binding obligation, enforceable against the Affiliate in accordance with its terms and the Affiliate has the capacity and authority to enter into and perform this Agreement;
(b) performing this Agreement the Affiliate shall comply with all applicable rules of law including (but not limited) Republic of Belarus, CIS, European Union and (or) other acts relating the activities of the Group, including (but not limited to) those acts that deal with the fight against corruption, the protection of personal data and the prevention of legalization of proceeds from crime, the financing of terrorist activities and the financing of the proliferation of weapons of mass destruction;
(c) the Affiliate is duly organized, validly existing and in good standing under the laws of his jurisdiction or an individual entrepreneur (depending on the legal status of the person who entered into this Agreement), in accordance with the applicable legal requirements;
(d) the Affiliate does not require any authorization to render the Services, or, if it does, until the conclusion of this Agreement it has already obtained such an authorization (in the latter case the Affiliate shall give the Company a copy of the relevant authorization);
(e) the Affiliate is aware and agrees that each Introduced Trader must link to the Website(s) through the Tracking URL and sign up on the Site to enable such Affiliate to receive the Affiliate Fee in accordance with the terms of this Agreement;
(f) it will not do, or neglect to do, anything which as a result of its action or omission, may lead to a detrimental outcome for the Company, affiliate entities of the Company or its clients including will not commit acts that harm the business reputation of the Company and affiliates entities of the Company;
(g) the Affiliate has performed corporate and other procedures (including those provided for by legislation on business companies, property supervision, disposal of state property, limited property rights), which are necessary in accordance with the legislation of the Republic of Belarus and (or) the founding document (constituent documents) of the Affiliate to conclude this Agreement (including those providing for the adoption of a decision on a major transaction or a decision of a state body, obtaining consent, agreement o...
Obligations of the Affiliate. I. The Affiliate hereby undertakes that it shall be responsible for –
(i) booking of orders from subscribers for provision of the Hardware, getting the necessary registration form completely filled up by the subscribers together with the prescribed identity proof, obtaining signatures of the subscribers under his certification, collection of the subscription charges, rentals, activation charges, security deposits and other charges, as per the rates/tariffs and policies of the MSO from time to time and prompt deposit of the amount of such subscription charges, rentals, activation charges, security deposits and other charges, with the MSO. Affiliate shall also collect the requests from the subscribers for changes including changes in the subscribed channel(s)/package(s), if any, from time to time. It shall be the sole responsibility of the Affiliate to collect the properly filled and duly signed Subscriber Application Forms (hereinafter referred to as “SAF”), Package Authorization Forms (PAF) and other requests from the subscriber(s) and provide the same to the MSO for its safe custody as per the Quality of Service (Digital Addressable Cable TV Systems) Regulations, 2012 and other applicable TRAI Regulations, other laws, Rules, Regulations, Orders, Circulars, Notifications, etc. In the event of failure of the Affiliate to produce any or all these SAF, Affiliate hereby undertakes to indemnify MSO for any action, proceeding initiated, penalty (ies), fine(s), damage(s) etc. levied/imposed by the Regulatory or any Judicial or Quasi-Judicial Authority, Statutory or Government Authority (ies)/Department(s), etc. due to failure on the part of Affiliate in production of any or all these forms or due to any matter connected thereto.
(ii) storage of the Hardware supplied by the MSO, payment of the activation charges and/or security deposit thereof and distribution and installation thereof at the subscribers’ premises and for repossession of the same at the request of the MSO and for handing over the same to the MSO; return of hardware back to MSO in proper working condition, if not used on the ground and upon termination / of this agreement.
(iii) distribution of Bills/Invoices to the subscriber as per Clause 7 of this Agreement, collection of the billed amount from the subscribers, repeat delivering subscriber’s information to MSO, getting the subscribers connection activated by making requisite payments to MSO and handling all calls, queries, complaints of the subscribers and c...
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. 6.1. The Affiliate undertakes to:
a) provide the Services as these are described under Appendix I of the present Agreement, in accordance with all regulatory requirements applicable to such Services from time to time and with reasonable care and skill to the standard of professionals performing obligations of the nature contained in this Agreement.
b) not accept money or any other forms of benefits of whatever nature on behalf of or for the behalf of the Company.
c) identify all the domain names and/or websites in which the Affiliate will display and/or otherwise use the Referral Link.
d) comply with the Company’s instructions regarding the performance of the Services, as such instructions may be given from time to time in accordance with the provisions of this Agreement.
e) act in good faith at all times and must not make any false and/or misleading representations or statements with respect to this Agreement to any person and/or engage in any other practice which may affect adversely the image, credibility and/or the reputation of the Company.
f) provide the Company from time to time upon the Company’s request, promptly and free of charge, with such information and explanations as the Company reasonably requires for the purpose of ascertaining the performance by the Affiliate of its obligations under this Agreement and/or performing its own obligations hereunder and/or reasonably required under this Agreement.
g) inform the Contact Person of the Company promptly in writing of anything which may prevent the Affiliate from fulfilling its obligations in accordance with this Agreement.
h) provide the Company with prompt notice of the occurrence of any intent to effect a change of control of the Affiliate.
i) actively cooperate with the Company its representatives (where, this is required).
j) permit access to its premises to the Company and its representatives or persons appointed for the purpose to have access (when this is required); and
k) ensure that its personnel are trained and able to perform their duties and obligations in connection with this Agreement.
6.2. The Affiliate undertakes not to cause or permit actions that may breach or damage any industrial or intellectual property rights of the Company, its licensors or any other third party including without limitation the Company’s name and logos (the “Marks”) and the Company’s registered trademarks. The Affiliate undertakes to notify the Company, if it suspects any infringement of such rights. In ca...
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).
Obligations of the Affiliate. 6.1. You declare that you have carefully read the Agreement and that you are eligible to conclude and fulfill the obligations of the Agreement. You further undertake to declare that:
6.1.1. You are neither an employee nor a Contractor of ours or any entities within our group. For the context of this provision, a Contractor is defined as an individual rendering services distinct from those outlined in these T&Cs, specifically services related to customer support or information technology (either hardware or software) on behalf of us or any entities within our group;
6.1.2. When using a Platform, it's essential that you have a legitimate relationship with or entitlement to use the Platform. You are permitted to showcase the Affiliate Link and/or Banner on the Platform, provided that the Platform's creation wasn't merely for the purpose of displaying advertisements;
6.1.3. When utilizing the Platform, it is imperative that it is not employed for the distribution of content that (i) contravenes legal norms or moral principles, (ii) exhibits xenophobia, racism, pornographic elements, cruelty, abuse, or is otherwise objectionable, or (iii) endorses services or entities that compete directly or indirectly with the Provider;
6.1.4. If you are utilizing a Platform, it is essential that this Platform maintains a uniform presentation that does not raise any concerns regarding the credibility of its content;
6.1.5. When utilizing the Platform, ensure that the placement of the Affiliate Link and/or Banner does not result in any reduction of our reputation or cause any other form of damage to us or our reputation;
6.1.6. You are required to reveal all platforms where the Affiliate Link and/or Banner is posted if requested by the Provider. We reserve the right to prohibit the use of any platform for the Affiliate Link's and/or Banner’s placement at our sole discretion. Should we determine that the platform's usage, or the Affiliate's use of the Affiliate Link and/or Banner, violates the agreement, we have the authority to terminate the Agreement immediately, without a notice period;
6.1.7. You are prohibited from sending emails, representing yourself as acting on our behalf, or giving the impression of such representation, including any form of impersonation of the Provider or any actions that might lead others to believe you are the Provider;
6.1.8. You shall not violate our FundedNext General Terms and Conditions available at the FundedNext website if they apply;
6.1.9...
