The Terms and Conditions stipulated below are effective as of October 03, 2024
Version 1.0.
The below is an agreement between Elevare Marketing Limited, a company incorporated in 9/F Amtel Bld 148 Des Voux Road Central, Hong Kong, by Business Registration Number 77553072 (“Elevare Marketing Limited”, “us” or “we”) and you(“you” or “the Affiliate”) which regulates the relationship between you and us (“The Affiliate Agreement”). Please read the Affiliate Agreement carefully to ensure you understand your rights and obligations and the repercussions for you should you breach the Affiliate Agreement. By registering for the Affiliate Program, and/or by accessing and utilising any of our marketing tools or accepting any reward, bonus or commission, whether contained in the Affiliate Agreement or elsewhere as a part of our Affiliate Program, you will be deemed to have read, understood and agreed to the Affiliate Agreement.
The terms and conditions have been approved as of October 03, 2024, and will apply to any unbilled amounts, for the avoidance of doubt, these amended terms and conditions will take effect from October 03, 2024 (“Effective Date“) and by continuing with the Affiliate Program past this date you agree to be bound by this Affiliate Agreement as from the Effective Date, If you do not accept these terms and conditions, then it is your responsibility to terminate in accordance with clause 9 below. If you do not terminate your affiliate agreement then these terms and conditions will be binding on you.
1.1 “Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program.
1.2 “Affiliate Account” means the account of the Affiliate set up after an Affiliate Application is made by the Affiliate to take part in the Affiliate Program and approved by Elevare Marketing Limited.
1.3 “Affiliate Agreement” means (i) all the terms and conditions set out in this document, (ii) the terms and conditions of the Commission Structures applicable to the different products and brands, (iii) the Privacy Policy, and (iv) any other rules and/or guidelines of Elevare Marketing Limited and/or Websites made known to the Affiliate from time to time.
1.4 “Affiliate Application” means the application made by the Affiliate to participate in the Affiliate Program.
1.5 “Affiliate Links” means internet hyperlinks used by the Affiliate to link from the Affiliate Website(s) or any other any third-party website to Elevare Marketing Limited Websites.
1.6 “Affiliate Program” means the collaboration between Elevare Marketing Limited and the Affiliate whereby the Affiliate will promote Elevare Marketing Limited websites and create the Affiliate Links from the Affiliate Website(s) to Elevare Marketing Limited websites and thereby be paid a commission as defined under the Affiliate Agreement depending on the traffic generated to the websites subject to the terms and conditions of the Affiliate Agreement and to the applicable product-specific Commission Structure.
2.1 Registering as an Affiliate. It is your sole obligation to ensure that any information you provide us with when registering with the Affiliate Program is correct and that such information is kept up to date at all times. To become a member of our Affiliate Program you must accept these terms and conditions by ticking the box indicating your acceptance and completing and submitting the Affiliate Application. The Affiliate Application will form an integral part of the Affiliate Agreement. We will, at our sole discretion determine whether or not to accept an Affiliate Application and our decision is final and not subject to any right of appeal. We will notify you by email as to whether or not your Affiliate Application has been successful. You will provide any documentation required by Elevare Marketing Limited to verify the Affiliate Application and / or to verify the Affiliate Account information provided to Elevare Marketing Limited at any time during the term of the Affiliate Agreement. This documentation may include but is not limited to: bank statements, individual or corporate identity papers and proof of address.
2.2 Affiliate log in details. It is your sole obligation and responsibility to ensure that (and to put in place all necessary measures to ensure that) your log in details for your Affiliate Account are kept confidential, safe and secure at all times. Any unauthorised use of your Affiliate Account resulting from your failure to adequately guard your log in information shall be your sole responsibility and you remain solely responsible and liable for all activity and conduct occurring under you Affiliate Account user ID and password whether such activity and / or conduct was undertaken by you or not. It is your obligation to inform us immediately if you suspect illegal or unauthorised use of your Affiliate Account. As you log in details are confidential, we do not have visibility of this information and cannot provide you with such information in case of loss.
3.1 Right to direct new Customers. We grant you the non-exclusive, non-assignable, right, during the term of this Affiliate Agreement, to direct New Customers to such Elevare Marketing Limited Websites as we have agreed with you in strict accordance with the terms and conditions of the Affiliate Agreement. You shall have no claim to Commission or other compensation on business secured by or through persons or entities other than you.
3.2 License to use Elevare Marketing Limited Intellectual Property Rights. We grant to you a non-exclusive, non-transferable license, during the term of this Affiliate Agreement, to use the Elevare Marketing Limited Intellectual Property Rights, which we may from time to time approve solely in connection with the display of the promotional materials on the Affiliate Website or in other such locations as may have been expressly approved (in writing) by Elevare Marketing Limited. This license cannot be sub-licensed, assigned or otherwise transferred by you. Your right to use the Elevare Marketing Limited Intellectual Property Rights is limited to and arises only out of this license. You shall not assert the invalidity, unenforceability, or contest the ownership of any Elevare Marketing Limited Intellectual Property Rights in any action or proceedings of whatever kind or nature, and shall not take any action that may prejudice our rights in the Elevare Marketing Limited Intellectual Property Rights, render the same generic, or otherwise weaken their validity or diminish their associated goodwill. You must notify us immediately if you become aware of the misuse of the Elevare Marketing Limited Intellectual Property Rights by any third party.
