- Parties of the contract
1.1. “Area IT” is SIA „Area IT”, reg. No. 45403023595, legal address: Daudzese parish, Jaunjelgava region, “Ozolnieki”, LV-5111
1.2. “You”, “your” refers to any partner or subordinated partner of the Area IT Affiliate program. Participation in the program means the complete acceptance of the terms and conditions.
- Affiliate program conditions
2.1. The aim of the affiliate program is to provide partners with tools and resources for the increase services sales of Area IT by attracting new services subscription and product buyers through the website area.lv website.
2.2. Area IT will pay a partner commission for each order received by Area IT with the help of the partner, after delivery of the service or product to Area IT customer. The amount of commission will depend on the type of service or product and will be determined for each service and product separately in the Affiliate panel campaign information (https://area.lv/lv/affiliate).
- Area IT obligations
3.1. Coded URL. Area IT will provide you directly coded URL for your identification that will allow you to create a link with Area IT website Area.lv. You can place this link anywhere, as many times as you want, according to the other terms of this contract on acceptable links.
3.2. Accounting. Area IT undertakes to count visitors referred to Area IT through the link given to you for this purpose. Area IT will pay you a commission for each such referral made in accordance with this contract, in accordance with the commission schedule and the provisions specified in this Affiliate contract.
3.3. Acceptance of partners. Each partner involved in Area IT Affiliate program is verified by the partner manager, and only corresponding partners are accepted for the participation in Area IT affiliate program. The terms of the acceptance are not included in this contract and shall be determined by the partner manager on the basis of the applicant’s qualification and experience in the partner marketing.
- Partner obligations
4.1. Involvement in the program. After completing the registration form, by placing a mark in the box next to the text “I agree to the Terms and Conditions”, and after acceptance, you will become a partner bound by the terms of this Agreement. Your participation in this program has the only purpose: to promote Area IT website in a legally acceptable form to receive a commission fee for the products your referrals will purchase.
4.2. Participation of the affiliates. Area IT Affiliate program is open to both natural persons and legal persons registered in the Republic of Latvia.
4.3. Minimum age (if the affiliate is natural person). You certify that on the day you first express your consent to the terms of this contract, you are at least 18 years old. You certify that you are in a jurisdiction where participation in Area IT Affiliate Program does not violate any legislation.
4.4. Legal capacity (if the affiliate is legal entity). You certify that you are fully and properly authorized to represent the legal person on whose behalf you sign this contract.
4.5. Active link. You take full responsibility for the proper and permanent operation of your coded URL. You undertake to notify Area IT if your coded URL stops running or not working properly.
4.6. Acknowledgements. You undertake not to express any acknowledgements, promises, guarantees or other notifications about Area IT, on behalf of Area IT or Area IT website, products or policies except in particularly written approved or otherwise assigned to you from Area IT side for such purposes.
4.7. Link. You can use Area IT coded URL through the available Area IT links page or in some other form of your choice, provided that the use of this URL does not in any way express defamation about Area IT or otherwise unacceptable by individual judgment and evaluation of Area IT. You may not violate the copyright, trademark or other intellectual property rights of Area IT or third party. You may not violate this contract.
4.8. Amendments. You agree that Area IT can make changes at any time without notifying you. You undertake to independently obtain information on any changes in this contract by periodically checking Area IT Affiliate Control Panel contract section.
4.9. Area IT customers. Only Area IT will have the rights and obligations to serve all customers attracted through your coded URL. All transactions with customers are exclusively concluded between customers and Area IT. Area IT has the right and obligation to set all prices and product offers, as well as the right to make changes to them without notifying the partner.
5.1. The amount of commission fee. Commission fees are paid for sales through your coded URL in accordance with the terms and conditions of this contract. Current commission fees for each partner campaign are shown here: https://area.lv/en/affiliate for each service or product.
5.2. Approval of commissions. Each commission earned is considered and approved on the basis of order identification data and other details. Only commission fees for valid orders are confirmed.
5.3. Due date. Area IT will pay you all the approved commissions within 30 days of the date when the request for the commission was received and the total amount of commissions reached the minimum payment limit.
5.4. Calculation period. Area IT undertakes to pay you the commission specified in clause 5.1. of this contract after the approval of this commission. Area IT can change the amount of commissions at any time or any other provision of this contract without notifying you. It is your duty to regularly review the campaign page for information on these changes.
5.5. No internal sale is allowed. You understand and agree that you will not earn the commission for your purchases of Area IT services or products.
5.6. Payment type. Commission fees will be paid to the bank account. Area IT is not responsible for any loss or damage that may occur with or otherwise in relation to the bank payments.
5.7. Personal income tax (if the partner is natural person). Area IT will pay 24% personal income tax on behalf of the Partner to the State Revenue Service in accordance with the law on personal income tax. This amount will be deducted from the commission. Partners shall do nothing with regards to tax payments under this contract.
5.8. Settlement procedure (if the affiliate is legal entity). Area IT will pay a commission fee to the partner on the basis of the invoice, which due date is 30 (thirty) days from the date of receipt. The partner sends the invoices electronically to Area IT email address – email@example.com by the 5th day of each month according to the information provided by Area IT in the report on the services provided by the partner in the previous calendar month and the amount of the commission due to the partner. The Parties certify that they agree to the electronic exchange of the invoices and other documents specified in the contract, using the email addresses specified by the Parties and the documents thus submitted are considered properly prepared and equivalent to documents executed in writing and signed.
- Ownership and licenses
6.1. Property ownership. Each party of this contract reserves all rights, ownership and interest on its names, logos, trademarks, service marks, workshops, copyright and patented technology, including, but not limited to the names, logos, trademarks, service marks, work uniforms, copyright and patented technology it uses currently or can develop and/or use in the future.
6.2. License. Area IT gives you as an affiliate withdrawal, non -exclusive worldwide license to use, reproduce and transmit Area IT logo, trademark and service signs on your website exclusively with the intention of promoting your website link through Area IT to achieve this Affiliate contract target and the purpose. This license may not be transferred or granted to others.
6.3. Area IT brand keywords. It is forbidden to use Area IT brand keywords “Area IT” as part of the domain or subdomain name, to create accounts in web resources (Twitter, Draugiem, Facebook, etc.), whose names would fully or partially include the brand keyword.
6.4. Termination upon request. You agree to immediately terminate the use of any sign at the request of Area IT, which is sent to the e-mail address you have specified in Area IT Affiliate program profile.
7.1. Impact on commission. Each party may terminate this contract at any time by notifying the other Party by sending written notice to the specified contact email. Except for termination specified in clause 7.2. of this contract, any commission fees which have been approved on the day of such termination and in total exceed the minimum amount shall be paid after termination. Any commission that has not been approved on the day of termination notification, will not be approved also later on.
7.2. Breach of this contract. The breach of this contract or any of its provisions, deliberate or unconscious, intentional or unintentional, is the basis for an immediate suspension of the contract or termination of this contract upon sole Area IT choice.
7.2.1. Suspension. Suspension within the meaning of this clause means the suspension of all commissions, both approved and unapproved, until the infringement is corrected. If the infringement is not corrected within the period specified by Area IT, the suspension becomes the termination in accordance with the clause 7.2., starting with the initial suspension day.
7.3. Validity. After termination of this contract, all the rights and licenses granted in accordance with them shall be cancelled immediately. Clause 4.6., Section 7 (termination), clause 8.1 – 8.14. (inclusive) and clauses 8.16-8.19 shall remain in force after such termination.
- General provisions
8.1. Powers. Each party confirms that it has full binding power to enter into this contract and, in the case of the company, which is not a person who agrees to the terms of this contract, that person shall assume a full binding authority on behalf of the company.
8.2. Non -violation. You undertake by all your actions under this contract or otherwise in relation to your and Area IT transactions not to violate third party copyright, patents, trademarks, trade secrets or other property rights or publicity or privacy rights.
8.3. Violation of the law. You undertake not to violate any existing laws, orders, rules or standards.
8.4. Service provisions. You undertake under this Contract or otherwise in relation to your and Area IT transactions to comply with the provisions of this contract as if they were explained in detail.
8.5. Undesirable email/spam. You undertake under this Contract or otherwise in relation to your and Area IT transactions not to use unwanted commercial email (also called spam) and prevent its use in connection with Area ITAffiliate Program.
8.6. Slander / defamation. You undertake under this Contract or otherwise in relation to your and Area IT transactions do not transmit any information that is or may be considered as slander or defamation.
8.7. Courtesy. You undertake under this Contract or otherwise in relation to your and Area IT transactions not to place advertising on Area IT website and not to send any information that is or can be considered impolite, pornographic or nasty.
8.8. Unfair competition. You undertake do nothing under this Contract or otherwise in relation to your and Area IT transactions that could violate any laws on unfair competition, is directed against discrimination, false advertising or this contract.
8.9. Promotion of violence. You undertake do nothing under this Contract or otherwise in relation to your and Area IT transactions that could promote violence or spread hostile speeches.
8.10. Damage to Area IT. You undertake do nothing under this Contract or otherwise in relation to your and Area IT transactions that could in any way damage Area IT or otherwise damage its servers or equipment, including not to use or otherwise send viruses, Trojan horses , computer worms, time balls, screening robots or other similarly harmful or dangerous software.
8.11. Do not use automatic links. You commit not to using any links that are or can be activated automatically if the user does not click on them.
8.12. WARRANTY DISCLAIMER. YOU RECOGNIZE AND AGREE THAT ANY SERVICES OR MATERIALS PROVIDED BY AREA IT UNDER THIS CONTRACT ARE PROVIDED AS THEY ARE, WITH ALL THE MISTAKES AND AS AVAILABLE, AND THAT AREA IT DOES NOT EXPRESS ANY ACKNOWLEDGMENTS OR GUARANTEES, DIRECT OR INDIRECT, SPECIFIED BY LAW OR OTHERWISE, AND IN PARTICULAR REFUSES ON BEHALF OF OWN SUPPLIERS, DISTRIBUTORS AND LICENSERS FROM ANY GUARANTEES OF ANY USEFULNESS, ACCURACY, RELIABILITY OR EFFICIENCY OF THE SERVICES OR MATERIAL SUPPLIED WITHIN THIS CONTRACT, OR THAT SERVICES PROVIDED WITHIN THIS CONTRACT WILL BE CONTINUOUS, WITHOUT ERRORS, OR AVAILABLE THROUGH CERTAIN DISTRIBUTION METHODS, OR THAT THE SERVICES OR MATERIALS DELIVERED WITHIN THIS CONTRACT WILL WORK WITH EACH INTERNET BROWSER, OR THAT THE DEFECTS ARE OR WILL BE CORRECTED, OR THAT SUCH SERVICES OR MATERIALS WILL MEET ANY PARTY REQUIREMENTS. WITHOUT LIMITING THE FOREGOING AND EXCEPT IN THE CASE OF OTHERWISE SPECIFIED IN THIS CONTRACT, AREA IT REFUSES ALL GUARANTEES OF DEMAND ON THE MARKET OR SUITABILITY FOR A SPECIFIC PURPOSE AND NON -VIOLATION. AREA IT WILL NEVER BE RESPONSIBLE FOR ANY SERVICE DISRUPTION, INTERRUPTION, IDLE OR INCORRECT LINK CONNECTION UNDER THIS CONTRACT.
8.13. LIABILITY LIMITATION. AREA IT WILL NEVER BE RESPONSIBLE FOR YOUR LOST PROFITS OR SOME OTHER FURTHER, SPECIAL, ACCIDENTAL OR INDIRECT LOSS, WHATEVER IT IS CAUSED, AS WELL AS ANY THEORY OF LIABILITY (INCLUDING, BUT NOT LIMITED TO NEGLECT) BECAUSE OF OR IN CONNECTION WITH THIS CONTRACT REGARDLESS OF WHETHER OR NOT AREA IT IS WARNED OF SUCH DAMAGE. YOU RECOGNIZE THAT THE COMMISSION FEES SPECIFIED IN THIS AFFILIATE CONTRACT ARE PARTLY BASED ON THESE RESTRICTIONS, AND THAT THESE RESTRICTIONS WILL BE VALID REGARDLESS OF THE BASIC OBJECTIVE OF ANY BASIC REMEDY UNFULFILLMENT. However, despite the above, this section does not restrict the liability of each Party for (I) intentional or malicious position violation; (ii) great negligence; (iii) provision in accordance with clause 8.12. or (IV) each Party’s responsibility for death or human injury or their fraud actions.
8.14. Security. You commit to ensure, defend and recognize Area IT innocent and its related companies, directors, employees and agents, free of all and any responsibility, loss, harm, injury or expenses (including lawyers’ royalties and expert witness fees) that can arise from any demanded or attributed action or inaction for any third party, whether such a requested or attributed action or inaction arises from the claim on the misuse of copied articles, license violation, inappropriate use of the domain, trade marks or expression of active or passive neglect.
8.15. Independent contractors. Each party will act as an independent contractor and will have no power to assign obligations to other party or to bound in any way.
8.16. Choice of law / place. This Contract has been drawn up and explained and implemented in accordance with Latvian law. Any action must be taken in the Courts of the Republic of Latvia.
8.17. Separation. The terms of this Contract are independent and separable from each other, and if any of them has become entirely or partially invalid or inconsistent for any reason, it has no effect on the validity or implementation of the other conditions.
8.18. Integration. This Contract shall form the entire agreement between the parties and revoke and replace all and any prior agreement, and it is intended to be a complete manifestation of the mutual agreement between the parties. This agreement may only be amended if Area IT publishes new contract on its website.
8.19. Use means signing. Your consent to this Contract means your participation in Area IT Affiliate Program, including the submission of the partner’s application form and receiving any commission in accordance with this Contract. Area IT may modify, amend, change or otherwise modify this contract without notifying other parties, except for the change of the contract itself, making changes available to the partners on Area IT website.
8.20. Non -disclosure. The partner admits that during this contract he will be able to access the information owned by Area IT (“Privacy Information”). The partner agrees not to disclose and disseminate confidential information without the pre -specific written permission of Area IT. The term “confidential information” does not apply to information that is or becomes available to the public without the action or inactivity of the partner that becomes accessible to the partner from third parties without the partner knowing about the violation of the authorised person’s duty or information already known to the partner before the contract signature date.