Participation Requirements
1.1 Registration Information.
Affiliate shall provide any information requested by Netservices and shall ensure such information is true, accurate and complete, for the purpose of registration for the Program. Any false or inaccurate information submitted to Netservices shall be deemed as grounds for termination of this Agreement. Netservices may accept or reject Affiliate’s application at its sole discretion.
1.2 Limited License.
If Affiliate is accepted into the Program, Netservices grants to Affiliate for the duration of this Agreement a non-exclusive, non-transferrable and revocable right to allow the Affiliate to connect to the customers through Netservice's product pages, for the sole purposes of Affiliate’s participation in the Program. Affiliate shall not, without the prior written consent of Netservices, alter or modify or create derivative works or any of Netservices’s intellectual property. Except as expressly set forth in this Agreement, nothing in this Agreement is intended to grant Affiliate any rights to use any of Netservices’s intellectual property.
Commission Fee and Payment Terms
2. Commission Rate.
The fees payable by Netservices to Affiliate in a end of a given month (the “Commission Fee”) shall be calculated in accordance with the rates stated below or in Netservices website or as separately agreed between Affiliate and Netservices in writing (such rate, the “Commission Rate”).
2.1 Agreeable on the commission percentage and quoted currency based on each supplier. The commission rate of the different product against the total amount (inclusive tax) is as below:
- Product : KLQD - Less than 5k = 5%, More than 5k = 8%
- Product : ALEO & Others - To Be Determine
2.2 Bank charges shall be borne by the affiliate. (When applicable)
2.3 Chargebacks
Netservices shall not make commission payouts on, and reserves the right to set-off or initiate chargebacks on transactions that were previously paid out. Such transactions include but are not limited to:
(a) transactions that do not meet the requirements to be a Completed Purchase;
(b) fraudulent transactions identified manually or by means of a fraudulent order;
(c) transactions performed through collusion where the Affiliate is connected to the Seller;
(d) cancelled, incomplete, returned or refunded transactions
Responsibilities of Affiliate
3. Business Conduct.
3.1 Affiliate may not contractually bind Netservices or make any representations on behalf of Netservices. Affiliate will not engage in any unconscionable, false, deceptive, misleading, or fraudulent conduct. Affiliate will not advertise substances, services, products, or materials that violate applicable laws. Netservices shall have the absolute discretion and authority to make any request for any removal of any content, material, or other media placed or displayed by the Affiliate under its performance of this Agreement and Affiliate shall act upon Netservices’s request immediately.
3.2 Scope of work for affiliate
a) Promote Netservices products list to the potential customers.
b) Connect the customers to Netservices and supports with their names, contact number and email.
c) Assisting Netservices and supports to complete the order with the customers upon submission of quotation(s).
d) Non-disclosure of quoted pricing and commission received and revealing it to third parties.
Termination of Contract
4. Netservices reserve the right to terminate this agreement (in written) if the affiliate is found to have breached this agreement.
Changes to these Terms and Conditions
5. Netservices may, at Netservices’s discretion, update, amend, or modify these Terms and Conditions in the website.
Confidential Information
6. “Confidential Information” means all information that is confidential in nature including, but not limited to: (a) any proprietary information of a party to this Agreement disclosed by one party to the other that is in written, graphic, machine readable, or other tangible form and is marked “Confidential” or “Proprietary” or in some other manner to indicate its confidential nature; (b) Netservice's materials and all other non-public marketing or technical information, even if not marked as confidential; and (c) all information collected or developed by Netservices regarding its customers. Confidential Information also includes oral disclosures if that information would reasonably be understood to be confidential from the context of disclosure.
Indemnification
7. Indemnification by Affiliate.
Affiliate will indemnify, defend, and hold harmless Netservices and their directors, officers, and employees from and against all claims, actions, losses, damages, liabilities, costs, and expenses, including attorneys’ fees and other legal expenses, arising directly or indirectly from or in connection with: (a) any breach by Affiliate of this Agreement; (b) any failure of Affiliate to perform its obligations under this Agreement in compliance with all applicable laws; (c) any violation of any rights of any third party related to Affiliate; or (d) Affiliate’s fraud, negligence or willful misconduct.
8. No Waiver
Any failure to exercise or delay in the exercise of any right or remedy herein shall not constitute a waiver of the right or remedy or a waiver of any other right or remedy and no single or partial exercise of any right or remedy shall not prevent any further exercise of such right or remedy or the exercise of any other right or remedy available.
9. Governing Law
This Agreement shall be governed and construed in accordance with the laws of Singapore and the parties hereto hereby irrevocably submit to the non-exclusive jurisdiction of the courts in Singapore.
10. Contracts (Rights of Third Parties) Act 2001
A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 2001 to enforce any terms of this Agreement, except as expressly provided herein.