Affiliate Terms & Conditions

<div id=”notebook-container” class=”container”><div class=”cell code_cell rendered selected” tabindex=”2″><div class=”output_wrapper”><div class=”output output_scroll”><div class=”output_area”><div class=”output_subarea output_text output_stream output_stdout” dir=”auto”>PLEASE READ THESE TERMS OF USE CAREFULLY<br />BEFORE USING THE SERVICES. BY ACCESSING THIS SITE<br />OR USING ANY PART OF THE SITE OR ANY CONTENT OR<br />SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE,<br />YOU AGREE TO BECOME BOUND BY THESE TERMS AND<br />CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS<br />AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE<br />OR USE THE CONTENT OR ANY SERVICES IN THE SITE.<br />1. User’s Relationship with Acai Amsterdam<br />• 1.1. The User’s use of the Acai Amsterdam website,<br />services and information provided by the Acai Amsterdam<br />website is subject to the terms of the following Terms of<br />Service Agreement between the User and Acai<br />Amsterdam.<br />• 1.2. The User is defined as anyone who uses the Acai<br />Amsterdam Affiliate Program, website and any information<br />and services provided by Acai Amsterdam.<br />• 1.3. The Acai Amsterdam website refers to the Internet site<br />with the address acaiamsterdam.nl as well as banners and<br />advertisements on other websites with a hyperlink(s) to<br />acaiamsterdam.nl.<br />• 1.4. Acai Amsterdam “Affiliate Program” refers to the ability<br />that Acai Amsterdam gives Users to publicize ads in the<br />form of an article caption (or post), short description and<br />picture with a link to the website where this article is<br />published. Acai Amsterdam doesn’t create, write, or publish<br />news stories or articles.<br />• 1.5. Acai Amsterdam website, services, and information will<br />be referred to collectively as the “”Affiliate Program”” in this<br />document excluding any additional services provided to the<br />User by Acai Amsterdam.<br />• 1.6. Acai Amsterdam reserves the right to change the<br />Terms of Service at any time without providing any<br />advanced notice. <br />2. Accepting the Terms<br />• 2.1. In order to use the Services, the User must first agree<br />to the Terms of Service. The User may not use the<br />Services if he/she does not accept the terms of use.<br />• 2.2. The User can accept the Affiliate Program simply by<br />using the Services. In this case, the User understands and<br />agrees that Acai Amsterdam will treat his/her use of the<br />Affiliate as acceptance of the Terms of Service from that<br />point onwards.<br />3. Paying fees<br />• 3.1. Choosing Acai Amsterdam Affiliate Program. User is<br />responsible for choosing the appropriate Acai Amsterdam<br />service that appropriately meets the User’s needs<br />accounting for corresponding Acai Amsterdam fees and<br />charges.<br />• 3.2. Payment Methods. To use Acai Amsterdam Affiliate<br />Program the User must provide valid payment method<br />(Bank transfer, PayPal account etc). User always bears<br />personal responsibility for any and all charges associated<br />with the method of payment chosen. The User is hereby on<br />notice that Certain Payment Methods may lead to<br />additional financial surcharges, thus the User has to check<br />with his or her Payment Method service provider to verify<br />transactional costs of payment.<br />• 3.3. Updating your Payment Methods. The User is<br />responsible to continuously keep his or her Payment<br />Method valid and accurate. The User may his or her<br />Payment Methods by going to the “Account” page. Acai<br />Amsterdam may update User’s Payment Methods based<br />on information provided by the payment service providers.<br />3.4. The User is responsible for his or her choice of billing<br />method to satisfy any and all fees and charges associated<br />with the purchased service. Thus, the User bears<br />responsibility for choosing a billing method that meets his<br />or hers needs.<br />• 3.5. Third-part processors. The User acknowledges that<br />Acai Amsterdam may utilize third-party electronic payment<br />processors and/or financial institutions to process financial<br />transactions.<br />• 4. Use of Services by the User<br />• 4.1. Acai Amsterdam enables the User to create ads from<br />the website where the news and articles were published.<br />The content of the ad’s post/caption/announcement/<br />headline/hyper-link/photo (hereafter referred to as “Link”)<br />may differ from the content of the article for which the link<br />was made.<br />• 4.2. In any Link, the User can use any picture or image<br />which is published on the same page of the website where<br />the original article is published and is relevant to the article.<br />This picture or image will be published as a thumbnail. The<br />User who publishes the Link and the website where the<br />aforementioned article was published bear complete<br />responsibility for any infringement of a third party’s<br />copyright (copyright of the person(s) or organization(s) who<br />created or owns the content of the article or photo) if such<br />an infringement of copyright occurs.<br />• 4.3. In a Link, the User is allowed to use any picture or<br />image which is published on the same page of the website<br />or the picture or the image may also be taken from open<br />resources only (licensed free resources) and will be<br />published as a thumbnail in the Link.<br />• 4.4. The content of the picture or image in a Link may differ<br />from the topic of the Link’s caption, from the Link’s short<br />description, from the original article’s caption, and from the<br />content of the original article. The person(s) shown in the<br />photo in the Link may differ from the person(s) shown or<br />mentioned in the article. The picture used in the Link may<br />be unrelated to the content of the original article.<br />• 4.5. The User understands and agrees that he/she is<br />responsible for any information, data, written text, pictures,<br />images, video and other content (hereafter referred to as <br />”Content”) which he/she publishes on the internet using the<br />Affiliate Program of Acai Amsterdam. This means that only<br />the User (and not Acai Amsterdam) bears full responsibility<br />for all Content which the User publishes, uploads, sends,<br />transfers, receives, shares or otherwise makes public<br />using the Affiliate Program of Acai Amsterdam. Acai<br />Amsterdam does not monitor the Content published,<br />posted, uploaded, sent, transferred, received, or shared<br />with its Affiliate Program and, therefore, does not<br />guarantee the accuracy, completeness,<br />comprehensiveness or quality of any Content. The User<br />understands that while using the Services of Affiliate<br />Program of Acai Amsterdam he/she might come into<br />contact with Content that could seem offensive, indecent or<br />objectionable. Acai Amsterdam is not responsible for any<br />Content created by the use of the Services by any User<br />under any circumstances.<br />• 4.6. The User agrees that Acai Amsterdam is not obliged to<br />check any of the Content before it is published. The User<br />also agrees that Acai Amsterdam has the right (but shall<br />have no obligation) to refuse or remove any or all Content<br />(which is available through the Services of Acai<br />Amsterdam) at its own discretion. The User agrees that<br />Acai Amsterdam is not liable for the accuracy, reliability,<br />completeness or usefulness of the Content displayed on<br />the site or through the Affiliate Program of Acai<br />Amsterdam.<br />• 4.7. The User agrees and understands that he/she uses<br />the Services at his/her own risk.<br />• 4.8. The User takes into account that Affiliate Program of<br />Acai Amsterdam technology may require sending Content<br />(which the User wants to publish) through a computer<br />network or changing the Content in order to meet specific<br />technical requirements.<br />• 4.9. The User agrees NOT to use the Services to: <br />• a. post, upload, email, transmit, share or otherwise<br />make public any Content which is recognized as<br />illegal, harmful, threatening, immoral, slanderous,<br />infringing upon someone’s copyright, popularizing<br />violence and/or any sort of discrimination (racial,<br />ethnic, sexual, social or any other sort of<br />discrimination), and/or insulting a particular person or<br />organization;<br />• b. infringe upon the rights of minors and/or cause any<br />sort of harm to minors;<br />• c. discriminate against minorities;<br />• d. give untruthful information about his/her identity or<br />identify himself/herself as a representative of an<br />organization/company (including introducing himself/<br />herself as a Acai Amsterdam representative without<br />having the right to do so, and to offer any false<br />representation of the properties and/or characteristics<br />of other persons, entities, companies, or products;<br />• e. post, upload, email, transmit, share or otherwise<br />make public any Content which is forbidden to post,<br />upload, email, transmit, share or otherwise make<br />public according to the law or a contractual agreement<br />with a third party;<br />• f. post, upload, email, transmit, share or otherwise<br />make public any Content which affects a third party’s<br />license, trademark, commercial secret, copyright or<br />any other sort of possessive rights (rights of<br />ownership);<br />• g. post, upload, email, transmit, share or otherwise<br />make public any Content which encourages/<br />propagandizes ethnic strife, incites violence against a<br />certain person(s) or group of people, violence against<br />animals, and/or encourages the abuse of law;<br />• h. post, upload, email, transmit, share or otherwise<br />make public any Content which contains computer<br />viruses, threats or other codes, files, or software <br />which are intended to harm, destroy or restrict the<br />functionality of any hardware or software, or which<br />can be used for unauthorized access/data<br />trespassing, or which contain serial numbers for<br />licensed software, cracked software, logins,<br />passwords or other tools for unauthorized access to<br />any licensed protected software or data on the<br />Internet;<br />• i. abuse of any local, state or international laws;<br />• j. collect and store the private data of other users;<br />• k. engage in the unauthorized use of advertising,<br />commercial or promotional content without an<br />agreement with, or permission from, the concerned<br />party;<br />• l. post, upload, email, transmit, share or otherwise<br />make public any content containing crude or offensive<br />words, phrases or sentences;<br />• m. post, upload, email, transmit, share or otherwise<br />make public any Content, which contains nudity or<br />pornography.<br />• 4.9.1 Acai Amsterdam reserves the right (but shall have no<br />obligation) to refuse or remove any or all Content from the<br />Services at its own discretion if the said Content does not<br />meet the requirements of the Terms of Service. Acai<br />Amsterdam is not obliged to notify the User of the reasons<br />for removing or rejecting any Content.<br />• 4.9.2 Detecting any type of security violations, such as<br />malicious URLs, malware files, phishing attempts, pop-ups<br />which prevent users from exiting the browser, automatic<br />downloads or redirects; or any brand safety violation<br />issues will lead to the immediate blocking of your account<br />and freezing all funds on your balance.<br />5. Non-commercial Use<br />• 5.1. The User agrees not to reproduce, copy, sell or use for<br />commercial purposes any parts of the Affiliate Program of<br />Acai Amsterdam, not to access (or attempt to access) any <br />of the Services by any means other than through the<br />interface that is provided by Acai Amsterdam, unless the<br />User is granted special rights by Acai Amsterdam<br />specifically in order to do so. Acai Amsterdam does not<br />bear any responsibility for any legal agreements between<br />the User and any other third parties.<br />• 5.2. The User agrees to refrain from trying to crack any of<br />Acai Amsterdam’s software or data or to decompile the<br />Acai Amsterdam software source codes used in the<br />Services with the intention to install it on his/her PC,<br />phone, pocket PC or other electronic device.<br />6. General Terms of Use and Storage<br />• 6.1. Acai Amsterdam is not responsible for any delays,<br />failures, incorrect or untimely publications, or the removal<br />or loss of any data.<br />• 6.2. The User agrees that Acai Amsterdam may make<br />changes to the rules and restrictions of use from time to<br />time with or without notification of the User.<br />• 6.3. The User agrees that any Content published with the<br />Affiliate Program of Acai Amsterdam as open Content can<br />be used by Acai Amsterdam at its own discretion for its<br />own purposes and the User cannot claim compensation<br />(monetary or otherwise) from Acai Amsterdam for doing so.<br />7. Proprietary Rights<br />• 7.1. The User acknowledges and agrees that all Affiliate<br />Program of Acai Amsterdam and software are protected by<br />copyright, trademark, license, intellectual property laws<br />and any applicable laws of the Netherlands, laws of other<br />countries and/or international laws.<br />• 7.2. Acai Amsterdam gives the User a personal, nonassignable and non-exclusive license to use the Affiliate<br />Program provided to him/her by Acai Amsterdam as part of<br />the Services. The User may not (and may not permit<br />anyone else to) copy, modify, create a derivative work of,<br />reverse engineer, decompile or otherwise attempt to<br />extract the source code of the Software or any part thereof. <br />The User agrees that he/she will not reproduce, duplicate,<br />copy, sell, trade or resell the software provided to him/her<br />as a part of the Services for any purpose and also will not<br />modify the Services for any purpose.<br />• 7.3. Unless the User has agreed otherwise in writing with<br />Acai Amsterdam, the User may not use objects of Acai<br />Amsterdam intellectual property (such as logos, trade<br />names, trademarks and other brand features, Acai<br />Amsterdam website content etc.).<br />8. Exclusion of Warranties<br />• 8.1. Acai Amsterdam strives to provide the most accurate<br />and pristine service to meet the User’s needs and<br />demands. However, Acai Amsterdam does not guarantee<br />that the Affiliate Program provided are uninterrupted and<br />free from error..<br />• 8.2. Acai Amsterdam does not bear responsibility for the<br />Content created and displayed by other Users through the<br />Services.<br />• 8.3. The User is solely responsible for any breach of any<br />sort of third party rights.<br />• 8.4. If the use of the Services by the User results in<br />complaints or claims from a third party addressed to Acai<br />Amsterdam concerning the breach of their rights (including<br />copyright infringement or a person(s) depicted in the<br />photos in the Content who does not want the images to be<br />used in the Services) the User is held fully responsible and<br />must take actions on her/his own to satisfy such claims<br />and complaints.<br />• 8.5. Acai Amsterdam may (but has no obligation to) review,<br />modify or remove Content published by the User.<br />• 8.6. Acai Amsterdam is not liable to the User for any loss of<br />information which the User publishes on or with the Affiliate<br />Program.<br />• 8.7. The User understands and agrees that:<br />• a. The Services are provided “as is”. Acai Amsterdam<br />does not guarantee that the Affiliate Program will <br />accommodate or fulfill the User’s purpose(s) for using<br />them;<br />• b. Acai Amsterdam does not guarantee that the<br />Affiliate Program will meet the User’s requirements or<br />expectations; that the Services will be uninterrupted,<br />timely, secure or free from error; that any information<br />obtained by the User as a result of his/her use of the<br />Services will be accurate or reliable; that the quality of<br />any product, information, etc. obtained by the User as<br />a result of his/her use of the Services will meet the<br />User’s expectations; that defects in the operation or<br />functionality of any software provided to the User as<br />part of the Services will be corrected;<br />• c. The User understands that he/she uses the<br />information obtained through use the Services at his/<br />her own risk;<br />• d. Acai Amsterdam is not liable to the User for any<br />direct or indirect losses which may be incurred by the<br />User due to the availability or unavailability of the<br />Services or the behavior of a third party concerning<br />the Services.<br />9. Other General Legal Terms<br />• 9.1 Unless the User has agreed otherwise in writing with<br />Acai Amsterdam, all complaints, claims, requests,<br />questions and other inquiries must be addressed to<br />[email protected]<br />• 9.2 The Terms of Service is a binding agreement between<br />the User and Acai Amsterdam, which regulates the User’s<br />use of Acai Amsterdam’s Services.<br />• 9.3. These Terms of Service, and any disputes arising from<br />or relating to the interpretation thereof, shall be governed<br />by and construed under the laws of the Netherlands (NL)<br />and any actions resulting to be performed within the<br />Netherlands, and without reference to its conflict of laws<br />principles or the United Nations Conventions for the <br />International Sale of Goods. The proper venue for any<br />disputes arising out of or relating to any of the same will be<br />the State and/or Federal Courts.<br />• 9.4. When using Affiliate Program of Acai Amsterdam that<br />are free, the user agrees that consumer protection laws<br />are not applicable to the Terms of Service.<br />• 9.5 Nothing in the Terms of Service can be recognized as<br />an establishment of friendship, business partnership,<br />employment, representative relations or any other sort of<br />relationship between the User and Acai Amsterdam which<br />is not directly described under the Terms.<br />• 9.6 If any part of the Terms of Service is proved to the<br />satisfaction of a jury as being invalid or as having a nonbinding nature, the rest of the Terms of Service will still<br />remain binding.<br />• 9.7 If the User (or any other users) breaks the Terms of<br />Service and Acai Amsterdam does not act to protect its<br />interests, this does not mean that Acai Amsterdam cannot<br />decide to prosecute any offender in the future.<br />10. User Registration Obligations<br />• 10.1 In consideration of your use of the Affiliate Program of<br />Acai Amsterdam, you represent that you are of legal age to<br />form a binding contract and are not a person barred from<br />receiving the Acai Amsterdam Services under the laws of<br />the Netherlands or other applicable jurisdiction.<br />• 10.2 As a condition to using Services, you are required to<br />register with Acai Amsterdam and select a password and<br />screen name (Acai Amsterdam User ID). You shall provide<br />Acai Amsterdam with accurate, complete, and updated<br />registration information. Failure to do so shall constitute a<br />breach of the Terms of Service, which may result in<br />immediate termination of your Acai Amsterdam account.<br />You may not:<br />• (i) select or use as an Acai Amsterdam User ID a<br />name of another person with the intent to impersonate<br />that person; <br />• (ii) use as an Acai Amsterdam User ID a name subject<br />to any rights of a person other than you without<br />appropriate authorization; or<br />• (iii) use as an Acai Amsterdam User ID a name that is<br />otherwise offensive, vulgar or obscene. Acai<br />Amsterdam reserves the right to refuse registration of,<br />or cancel an Acai Amsterdam User ID in its discretion.<br />You shall be responsible for maintaining the<br />confidentiality of your Acai Amsterdam Affiliate<br />Program password.<br />• 10.3 Services are available only to individuals who are at<br />least 13 years old, whether acting on their own behalf or as<br />an authorized employee or representative of a corporation<br />or other business entity. If you do not so qualify, do not<br />attempt to register for or use the Services.<br />•<br />11. Confidentiality &amp; Privacy Policy<br />• 11.1. Parties agree not to disclose other Party Confidential<br />Information without prior written consent of the other Party.<br />Confidential Information includes without limitation:<br />• a. all Acai Amsterdam software, technology,<br />programming, specifications, materials, guidelines,<br />and documentation;<br />• b. click-through rates or other statistics relating to a<br />party under Agreement; and<br />• c. any other information designated in writing by Acai<br />Amsterdam as “Confidential” or an equivalent<br />designation.<br />• 11.2. Acai Amsterdam Confidential Information does not<br />include information that has become publicly known<br />through no breach by You or Acai Amsterdam, or<br />information that has been:<br />• a. independently developed without access to Acai<br />Amsterdam Confidential Information, as evidenced in<br />writing;<br />• b. rightfully received by a Party from a third party; or <br />• c. required to be disclosed by law or by a<br />governmental authority.<br />• 11.3. Acai Amsterdam restricts access to the private<br />information of the Users. All User’s use of the Acai<br />Amsterdam website are subject to Acai Amsterdam’s<br />privacy policy published on the website:<br />www.acaiamsterdam/privacy-policy.<br />12. Respect of other Internet Users<br />• 12.1 The Users and Acai Amsterdam agree to respect the<br />rights of other Internet users (whether they use the Acai<br />Amsterdam Services or not), be polite to each other, follow<br />the code of ethics and the traditions of Internet use, and<br />agree not to use Acai Amsterdam Services with the aim to<br />abuse morals and/or ethics in any way.<br />13. Content license from the User<br />• 13.1 Unless agreed otherwise, the User retains the<br />copyright and any other rights he/she already holds in the<br />Content, which he/she submits, posts or displays on or<br />through the Services. The User is solely responsible (as<br />established by the current law of the Netherlands for the<br />use of Content which does not belong to him/her and for<br />the breach of any third party copyright. If the User is found<br />to have published Content which does not belong to him/<br />her, it may be removed at the request of the owner of the<br />content (or the person(s)/entity effected). Acai Amsterdam<br />always retains the right to any and all content created by<br />Acai Amsterdam or its collaborators unless Acai<br />Amsterdam expressly gives license or consent for the User<br />to use any of its intellectual property.<br />14. Violation of the Terms<br />• 14.1 The User may report any violation of the Terms to<br />[email protected] The report should include as<br />many details as possible. Hyperlinks to specific<br />statements/comments would be the most significant and<br />would hasten the processing of the report. <br />• 14.2 Compliance with these provisions is essential for the<br />operation of Acai Amsterdam network and receipt of<br />qualified services to User. In the event of a material breach<br />of these Terms and Conditions, Acai Amsterdam reserves<br />the right to take any and all available legal remedies in<br />addition to termination of the User’s agreement.. User will<br />indemnify on the first demand, and hold the Acai<br />Amsterdam and its directors, officers, employees, agents<br />harmless from and against any and all loss, cost, liability or<br />expense (including, without limitation, direct consequential<br />and liquidated damages plus reasonable attorneys’ fees)<br />which the Acai Amsterdam may suffer, incur or sustain<br />resulting from or arising out of any and all claims, suit or<br />proceeding brought by a third party to the extent such<br />claims arise out of claims or alleged claims of any third<br />party resulting from or in connection with an infringement<br />by User of this agreement;<br />15. Service Interruption and Force Majeure<br />• 15.1 Acai Amsterdam may temporarily suspend the<br />availability of the Services to carry out scheduled hardware<br />and software tests and/or updates (or any other necessary<br />technical tasks). The User will be sent a notification about<br />the start of such tasks one hour in advance along with<br />information about when the task(s) will be finished.<br />• 15.2 In case of a force majeure, Acai Amsterdam software/<br />hardware failures or breakdowns, failures or breakdowns<br />of the hardware/software of Acai Amsterdam’s partners<br />(including failures and breakdowns which occur due to the<br />actions of a third party) the provision of the Services may<br />be interrupted without notification of the User.<br />16. Consideration of a Claim<br />• 16.1 All claims from a User(s) concerning his/her<br />relationship with Acai Amsterdam will be considered in the<br />follow way:<br />• a. If the User is certain that his/her rights or interests<br />have been infringed upon due to the actions of Acai <br />Amsterdam, then he/she is requested to send his/her<br />claim to [email protected] The personal<br />information (e.g. name, surname, e-mail) which was<br />provided during the User’s registration should be<br />included in the claim;<br />• b. The claim will be considered by Acai Amsterdam<br />within 5 business days from the day the claim is<br />received, and the User will be sent a letter from Acai<br />Amsterdam with a decision on his/her claim. The letter<br />will be sent by e-mail to the email provided by the<br />User in the claim;<br />• c. In case the User is not satisfied with the decision for<br />his/her claim, it will be considered according to these<br />Terms of Service;<br />• d. Unidentified claims will not be considered. If<br />personal information is included in the claim, but it is<br />impossible to identify the User on the basis of the<br />information provided, then the claim will not be<br />considered.<br />17. Changes to the Terms<br />• 17.1 . Acai Amsterdam reserves the right to change the<br />Terms of Service at any time without providing any<br />advanced notice.<br />• 17.2 The changes to the Terms of services take effect in 3<br />days.<br />• 17.3 The User understands and agrees that if he/she uses<br />the Services after the date on which the Terms of Service<br />have taken effect, Acai Amsterdam will treat his/her use of<br />the Services as acceptance of the updated Terms of<br />Service. If User does not agree with any changes made to<br />the Terms, then he/she must stop using the Services<br />immediately.<br />18. Miscellaneous<br />No agency, partnership, joint venture, or employment is created<br />as a result of the Terms of Service and you do not have any <br />authority of any kind to bind Acai Amsterdam in any respect<br />whatsoever. The failure of either party to exercise in any respect<br />any right provided for herein shall not be deemed a waiver of<br />any further rights hereunder. Acai Amsterdam shall not be liable<br />for any failure to perform its obligations hereunder where such<br />failure results from any cause beyond Acai Amsterdam’s<br />reasonable control, including, without limitation, mechanical,<br />electronic or communications failure or degradation (including<br />”line-noise” interference). The Terms of Service is not<br />assignable, transferable or sub licensable by you except with<br />Acai Amsterdam’s prior written consent. Acai Amsterdam may<br />transfer, assign or delegate the Terms of Service and its rights<br />and obligations without consent. Both parties agree that the<br />Terms of Service is the complete and exclusive statement of the<br />mutual understanding of the parties and supersedes and<br />cancels all previous written and oral agreements,<br />communications and other understandings relating to the<br />subject matter of the Terms of Service, and that all modifications<br />must be in a writing signed by both parties, except as otherwise<br />provided herein. ACAI AMSTERDAM. with registered address at<br />EMANZANA 9, 1103AV AMSTERDAM THE NETHERLANDS,<br />KvK-nummer: 55797474, shall as well operate hereunder with<br />its services being regulated by these Terms of Service.</div></div></div></div></div></div>

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