Affiliate Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY
BEFORE USING THE SERVICES. BY ACCESSING THIS SITE
OR USING ANY PART OF THE SITE OR ANY CONTENT OR
SERVICES (AS EACH IS DEFINED BELOW) ON THE SITE,
YOU AGREE TO BECOME BOUND BY THESE TERMS AND
CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS
AND CONDITIONS, THEN YOU MAY NOT ACCESS THE SITE
OR USE THE CONTENT OR ANY SERVICES IN THE SITE.
1. User’s Relationship with Acai Amsterdam
• 1.1. The User’s use of the Acai Amsterdam website,
services and information provided by the Acai Amsterdam
website is subject to the terms of the following Terms of
Service Agreement between the User and Acai
Amsterdam.
• 1.2. The User is defined as anyone who uses the Acai
Amsterdam Affiliate Program, website and any information
and services provided by Acai Amsterdam.
• 1.3. The Acai Amsterdam website refers to the Internet site
with the address acaiamsterdam.nl as well as banners and
advertisements on other websites with a hyperlink(s) to
acaiamsterdam.nl.
• 1.4. Acai Amsterdam “Affiliate Program” refers to the ability
that Acai Amsterdam gives Users to publicize ads in the
form of an article caption (or post), short description and
picture with a link to the website where this article is
published. Acai Amsterdam doesn’t create, write, or publish
news stories or articles.
• 1.5. Acai Amsterdam website, services, and information will
be referred to collectively as the “”Affiliate Program”” in this
document excluding any additional services provided to the
User by Acai Amsterdam.
• 1.6. Acai Amsterdam reserves the right to change the
Terms of Service at any time without providing any
advanced notice.
2. Accepting the Terms
• 2.1. In order to use the Services, the User must first agree
to the Terms of Service. The User may not use the
Services if he/she does not accept the terms of use.
• 2.2. The User can accept the Affiliate Program simply by
using the Services. In this case, the User understands and
agrees that Acai Amsterdam will treat his/her use of the
Affiliate as acceptance of the Terms of Service from that
point onwards.
3. Paying fees
• 3.1. Choosing Acai Amsterdam Affiliate Program. User is
responsible for choosing the appropriate Acai Amsterdam
service that appropriately meets the User’s needs
accounting for corresponding Acai Amsterdam fees and
charges.
• 3.2. Payment Methods. To use Acai Amsterdam Affiliate
Program the User must provide valid payment method
(Bank transfer, PayPal account etc). User always bears
personal responsibility for any and all charges associated
with the method of payment chosen. The User is hereby on
notice that Certain Payment Methods may lead to
additional financial surcharges, thus the User has to check
with his or her Payment Method service provider to verify
transactional costs of payment.
• 3.3. Updating your Payment Methods. The User is
responsible to continuously keep his or her Payment
Method valid and accurate. The User may his or her
Payment Methods by going to the “Account” page. Acai
Amsterdam may update User’s Payment Methods based
on information provided by the payment service providers.
3.4. The User is responsible for his or her choice of billing
method to satisfy any and all fees and charges associated
with the purchased service. Thus, the User bears
responsibility for choosing a billing method that meets his
or hers needs.
• 3.5. Third-part processors. The User acknowledges that
Acai Amsterdam may utilize third-party electronic payment
processors and/or financial institutions to process financial
transactions.
• 4. Use of Services by the User
• 4.1. Acai Amsterdam enables the User to create ads from
the website where the news and articles were published.
The content of the ad’s post/caption/announcement/
headline/hyper-link/photo (hereafter referred to as “Link”)
may differ from the content of the article for which the link
was made.
• 4.2. In any Link, the User can use any picture or image
which is published on the same page of the website where
the original article is published and is relevant to the article.
This picture or image will be published as a thumbnail. The
User who publishes the Link and the website where the
aforementioned article was published bear complete
responsibility for any infringement of a third party’s
copyright (copyright of the person(s) or organization(s) who
created or owns the content of the article or photo) if such
an infringement of copyright occurs.
• 4.3. In a Link, the User is allowed to use any picture or
image which is published on the same page of the website
or the picture or the image may also be taken from open
resources only (licensed free resources) and will be
published as a thumbnail in the Link.
• 4.4. The content of the picture or image in a Link may differ
from the topic of the Link’s caption, from the Link’s short
description, from the original article’s caption, and from the
content of the original article. The person(s) shown in the
photo in the Link may differ from the person(s) shown or
mentioned in the article. The picture used in the Link may
be unrelated to the content of the original article.
• 4.5. The User understands and agrees that he/she is
responsible for any information, data, written text, pictures,
images, video and other content (hereafter referred to as
“Content”) which he/she publishes on the internet using the
Affiliate Program of Acai Amsterdam. This means that only
the User (and not Acai Amsterdam) bears full responsibility
for all Content which the User publishes, uploads, sends,
transfers, receives, shares or otherwise makes public
using the Affiliate Program of Acai Amsterdam. Acai
Amsterdam does not monitor the Content published,
posted, uploaded, sent, transferred, received, or shared
with its Affiliate Program and, therefore, does not
guarantee the accuracy, completeness,
comprehensiveness or quality of any Content. The User
understands that while using the Services of Affiliate
Program of Acai Amsterdam he/she might come into
contact with Content that could seem offensive, indecent or
objectionable. Acai Amsterdam is not responsible for any
Content created by the use of the Services by any User
under any circumstances.
• 4.6. The User agrees that Acai Amsterdam is not obliged to
check any of the Content before it is published. The User
also agrees that Acai Amsterdam has the right (but shall
have no obligation) to refuse or remove any or all Content
(which is available through the Services of Acai
Amsterdam) at its own discretion. The User agrees that
Acai Amsterdam is not liable for the accuracy, reliability,
completeness or usefulness of the Content displayed on
the site or through the Affiliate Program of Acai
Amsterdam.
• 4.7. The User agrees and understands that he/she uses
the Services at his/her own risk.
• 4.8. The User takes into account that Affiliate Program of
Acai Amsterdam technology may require sending Content
(which the User wants to publish) through a computer
network or changing the Content in order to meet specific
technical requirements.
• 4.9. The User agrees NOT to use the Services to:
• a. post, upload, email, transmit, share or otherwise
make public any Content which is recognized as
illegal, harmful, threatening, immoral, slanderous,
infringing upon someone’s copyright, popularizing
violence and/or any sort of discrimination (racial,
ethnic, sexual, social or any other sort of
discrimination), and/or insulting a particular person or
organization;
• b. infringe upon the rights of minors and/or cause any
sort of harm to minors;
• c. discriminate against minorities;
• d. give untruthful information about his/her identity or
identify himself/herself as a representative of an
organization/company (including introducing himself/
herself as a Acai Amsterdam representative without
having the right to do so, and to offer any false
representation of the properties and/or characteristics
of other persons, entities, companies, or products;
• e. post, upload, email, transmit, share or otherwise
make public any Content which is forbidden to post,
upload, email, transmit, share or otherwise make
public according to the law or a contractual agreement
with a third party;
• f. post, upload, email, transmit, share or otherwise
make public any Content which affects a third party’s
license, trademark, commercial secret, copyright or
any other sort of possessive rights (rights of
ownership);
• g. post, upload, email, transmit, share or otherwise
make public any Content which encourages/
propagandizes ethnic strife, incites violence against a
certain person(s) or group of people, violence against
animals, and/or encourages the abuse of law;
• h. post, upload, email, transmit, share or otherwise
make public any Content which contains computer
viruses, threats or other codes, files, or software
which are intended to harm, destroy or restrict the
functionality of any hardware or software, or which
can be used for unauthorized access/data
trespassing, or which contain serial numbers for
licensed software, cracked software, logins,
passwords or other tools for unauthorized access to
any licensed protected software or data on the
Internet;
• i. abuse of any local, state or international laws;
• j. collect and store the private data of other users;
• k. engage in the unauthorized use of advertising,
commercial or promotional content without an
agreement with, or permission from, the concerned
party;
• l. post, upload, email, transmit, share or otherwise
make public any content containing crude or offensive
words, phrases or sentences;
• m. post, upload, email, transmit, share or otherwise
make public any Content, which contains nudity or
pornography.
• 4.9.1 Acai Amsterdam reserves the right (but shall have no
obligation) to refuse or remove any or all Content from the
Services at its own discretion if the said Content does not
meet the requirements of the Terms of Service. Acai
Amsterdam is not obliged to notify the User of the reasons
for removing or rejecting any Content.
• 4.9.2 Detecting any type of security violations, such as
malicious URLs, malware files, phishing attempts, pop-ups
which prevent users from exiting the browser, automatic
downloads or redirects; or any brand safety violation
issues will lead to the immediate blocking of your account
and freezing all funds on your balance.
5. Non-commercial Use
• 5.1. The User agrees not to reproduce, copy, sell or use for
commercial purposes any parts of the Affiliate Program of
Acai Amsterdam, not to access (or attempt to access) any
of the Services by any means other than through the
interface that is provided by Acai Amsterdam, unless the
User is granted special rights by Acai Amsterdam
specifically in order to do so. Acai Amsterdam does not
bear any responsibility for any legal agreements between
the User and any other third parties.
• 5.2. The User agrees to refrain from trying to crack any of
Acai Amsterdam’s software or data or to decompile the
Acai Amsterdam software source codes used in the
Services with the intention to install it on his/her PC,
phone, pocket PC or other electronic device.
6. General Terms of Use and Storage
• 6.1. Acai Amsterdam is not responsible for any delays,
failures, incorrect or untimely publications, or the removal
or loss of any data.
• 6.2. The User agrees that Acai Amsterdam may make
changes to the rules and restrictions of use from time to
time with or without notification of the User.
• 6.3. The User agrees that any Content published with the
Affiliate Program of Acai Amsterdam as open Content can
be used by Acai Amsterdam at its own discretion for its
own purposes and the User cannot claim compensation
(monetary or otherwise) from Acai Amsterdam for doing so.
7. Proprietary Rights
• 7.1. The User acknowledges and agrees that all Affiliate
Program of Acai Amsterdam and software are protected by
copyright, trademark, license, intellectual property laws
and any applicable laws of the Netherlands, laws of other
countries and/or international laws.
• 7.2. Acai Amsterdam gives the User a personal, nonassignable and non-exclusive license to use the Affiliate
Program provided to him/her by Acai Amsterdam as part of
the Services. The User may not (and may not permit
anyone else to) copy, modify, create a derivative work of,
reverse engineer, decompile or otherwise attempt to
extract the source code of the Software or any part thereof.
The User agrees that he/she will not reproduce, duplicate,
copy, sell, trade or resell the software provided to him/her
as a part of the Services for any purpose and also will not
modify the Services for any purpose.
• 7.3. Unless the User has agreed otherwise in writing with
Acai Amsterdam, the User may not use objects of Acai
Amsterdam intellectual property (such as logos, trade
names, trademarks and other brand features, Acai
Amsterdam website content etc.).
8. Exclusion of Warranties
• 8.1. Acai Amsterdam strives to provide the most accurate
and pristine service to meet the User’s needs and
demands. However, Acai Amsterdam does not guarantee
that the Affiliate Program provided are uninterrupted and
free from error..
• 8.2. Acai Amsterdam does not bear responsibility for the
Content created and displayed by other Users through the
Services.
• 8.3. The User is solely responsible for any breach of any
sort of third party rights.
• 8.4. If the use of the Services by the User results in
complaints or claims from a third party addressed to Acai
Amsterdam concerning the breach of their rights (including
copyright infringement or a person(s) depicted in the
photos in the Content who does not want the images to be
used in the Services) the User is held fully responsible and
must take actions on her/his own to satisfy such claims
and complaints.
• 8.5. Acai Amsterdam may (but has no obligation to) review,
modify or remove Content published by the User.
• 8.6. Acai Amsterdam is not liable to the User for any loss of
information which the User publishes on or with the Affiliate
Program.
• 8.7. The User understands and agrees that:
• a. The Services are provided “as is”. Acai Amsterdam
does not guarantee that the Affiliate Program will
accommodate or fulfill the User’s purpose(s) for using
them;
• b. Acai Amsterdam does not guarantee that the
Affiliate Program will meet the User’s requirements or
expectations; that the Services will be uninterrupted,
timely, secure or free from error; that any information
obtained by the User as a result of his/her use of the
Services will be accurate or reliable; that the quality of
any product, information, etc. obtained by the User as
a result of his/her use of the Services will meet the
User’s expectations; that defects in the operation or
functionality of any software provided to the User as
part of the Services will be corrected;
• c. The User understands that he/she uses the
information obtained through use the Services at his/
her own risk;
• d. Acai Amsterdam is not liable to the User for any
direct or indirect losses which may be incurred by the
User due to the availability or unavailability of the
Services or the behavior of a third party concerning
the Services.
9. Other General Legal Terms
• 9.1 Unless the User has agreed otherwise in writing with
Acai Amsterdam, all complaints, claims, requests,
questions and other inquiries must be addressed to
[email protected]
• 9.2 The Terms of Service is a binding agreement between
the User and Acai Amsterdam, which regulates the User’s
use of Acai Amsterdam’s Services.
• 9.3. These Terms of Service, and any disputes arising from
or relating to the interpretation thereof, shall be governed
by and construed under the laws of the Netherlands (NL)
and any actions resulting to be performed within the
Netherlands, and without reference to its conflict of laws
principles or the United Nations Conventions for the
International Sale of Goods. The proper venue for any
disputes arising out of or relating to any of the same will be
the State and/or Federal Courts.
• 9.4. When using Affiliate Program of Acai Amsterdam that
are free, the user agrees that consumer protection laws
are not applicable to the Terms of Service.
• 9.5 Nothing in the Terms of Service can be recognized as
an establishment of friendship, business partnership,
employment, representative relations or any other sort of
relationship between the User and Acai Amsterdam which
is not directly described under the Terms.
• 9.6 If any part of the Terms of Service is proved to the
satisfaction of a jury as being invalid or as having a nonbinding nature, the rest of the Terms of Service will still
remain binding.
• 9.7 If the User (or any other users) breaks the Terms of
Service and Acai Amsterdam does not act to protect its
interests, this does not mean that Acai Amsterdam cannot
decide to prosecute any offender in the future.
10. User Registration Obligations
• 10.1 In consideration of your use of the Affiliate Program of
Acai Amsterdam, you represent that you are of legal age to
form a binding contract and are not a person barred from
receiving the Acai Amsterdam Services under the laws of
the Netherlands or other applicable jurisdiction.
• 10.2 As a condition to using Services, you are required to
register with Acai Amsterdam and select a password and
screen name (Acai Amsterdam User ID). You shall provide
Acai Amsterdam with accurate, complete, and updated
registration information. Failure to do so shall constitute a
breach of the Terms of Service, which may result in
immediate termination of your Acai Amsterdam account.
You may not:
• (i) select or use as an Acai Amsterdam User ID a
name of another person with the intent to impersonate
that person;
• (ii) use as an Acai Amsterdam User ID a name subject
to any rights of a person other than you without
appropriate authorization; or
• (iii) use as an Acai Amsterdam User ID a name that is
otherwise offensive, vulgar or obscene. Acai
Amsterdam reserves the right to refuse registration of,
or cancel an Acai Amsterdam User ID in its discretion.
You shall be responsible for maintaining the
confidentiality of your Acai Amsterdam Affiliate
Program password.
• 10.3 Services are available only to individuals who are at
least 13 years old, whether acting on their own behalf or as
an authorized employee or representative of a corporation
or other business entity. If you do not so qualify, do not
attempt to register for or use the Services.

11. Confidentiality & Privacy Policy
• 11.1. Parties agree not to disclose other Party Confidential
Information without prior written consent of the other Party.
Confidential Information includes without limitation:
• a. all Acai Amsterdam software, technology,
programming, specifications, materials, guidelines,
and documentation;
• b. click-through rates or other statistics relating to a
party under Agreement; and
• c. any other information designated in writing by Acai
Amsterdam as “Confidential” or an equivalent
designation.
• 11.2. Acai Amsterdam Confidential Information does not
include information that has become publicly known
through no breach by You or Acai Amsterdam, or
information that has been:
• a. independently developed without access to Acai
Amsterdam Confidential Information, as evidenced in
writing;
• b. rightfully received by a Party from a third party; or
• c. required to be disclosed by law or by a
governmental authority.
• 11.3. Acai Amsterdam restricts access to the private
information of the Users. All User’s use of the Acai
Amsterdam website are subject to Acai Amsterdam’s
privacy policy published on the website:
www.acaiamsterdam/privacy-policy.
12. Respect of other Internet Users
• 12.1 The Users and Acai Amsterdam agree to respect the
rights of other Internet users (whether they use the Acai
Amsterdam Services or not), be polite to each other, follow
the code of ethics and the traditions of Internet use, and
agree not to use Acai Amsterdam Services with the aim to
abuse morals and/or ethics in any way.
13. Content license from the User
• 13.1 Unless agreed otherwise, the User retains the
copyright and any other rights he/she already holds in the
Content, which he/she submits, posts or displays on or
through the Services. The User is solely responsible (as
established by the current law of the Netherlands for the
use of Content which does not belong to him/her and for
the breach of any third party copyright. If the User is found
to have published Content which does not belong to him/
her, it may be removed at the request of the owner of the
content (or the person(s)/entity effected). Acai Amsterdam
always retains the right to any and all content created by
Acai Amsterdam or its collaborators unless Acai
Amsterdam expressly gives license or consent for the User
to use any of its intellectual property.
14. Violation of the Terms
• 14.1 The User may report any violation of the Terms to
[email protected] The report should include as
many details as possible. Hyperlinks to specific
statements/comments would be the most significant and
would hasten the processing of the report.
• 14.2 Compliance with these provisions is essential for the
operation of Acai Amsterdam network and receipt of
qualified services to User. In the event of a material breach
of these Terms and Conditions, Acai Amsterdam reserves
the right to take any and all available legal remedies in
addition to termination of the User’s agreement.. User will
indemnify on the first demand, and hold the Acai
Amsterdam and its directors, officers, employees, agents
harmless from and against any and all loss, cost, liability or
expense (including, without limitation, direct consequential
and liquidated damages plus reasonable attorneys’ fees)
which the Acai Amsterdam may suffer, incur or sustain
resulting from or arising out of any and all claims, suit or
proceeding brought by a third party to the extent such
claims arise out of claims or alleged claims of any third
party resulting from or in connection with an infringement
by User of this agreement;
15. Service Interruption and Force Majeure
• 15.1 Acai Amsterdam may temporarily suspend the
availability of the Services to carry out scheduled hardware
and software tests and/or updates (or any other necessary
technical tasks). The User will be sent a notification about
the start of such tasks one hour in advance along with
information about when the task(s) will be finished.
• 15.2 In case of a force majeure, Acai Amsterdam software/
hardware failures or breakdowns, failures or breakdowns
of the hardware/software of Acai Amsterdam’s partners
(including failures and breakdowns which occur due to the
actions of a third party) the provision of the Services may
be interrupted without notification of the User.
16. Consideration of a Claim
• 16.1 All claims from a User(s) concerning his/her
relationship with Acai Amsterdam will be considered in the
follow way:
• a. If the User is certain that his/her rights or interests
have been infringed upon due to the actions of Acai
Amsterdam, then he/she is requested to send his/her
claim to [email protected] The personal
information (e.g. name, surname, e-mail) which was
provided during the User’s registration should be
included in the claim;
• b. The claim will be considered by Acai Amsterdam
within 5 business days from the day the claim is
received, and the User will be sent a letter from Acai
Amsterdam with a decision on his/her claim. The letter
will be sent by e-mail to the email provided by the
User in the claim;
• c. In case the User is not satisfied with the decision for
his/her claim, it will be considered according to these
Terms of Service;
• d. Unidentified claims will not be considered. If
personal information is included in the claim, but it is
impossible to identify the User on the basis of the
information provided, then the claim will not be
considered.
17. Changes to the Terms
• 17.1 . Acai Amsterdam reserves the right to change the
Terms of Service at any time without providing any
advanced notice.
• 17.2 The changes to the Terms of services take effect in 3
days.
• 17.3 The User understands and agrees that if he/she uses
the Services after the date on which the Terms of Service
have taken effect, Acai Amsterdam will treat his/her use of
the Services as acceptance of the updated Terms of
Service. If User does not agree with any changes made to
the Terms, then he/she must stop using the Services
immediately.
18. Miscellaneous
No agency, partnership, joint venture, or employment is created
as a result of the Terms of Service and you do not have any
authority of any kind to bind Acai Amsterdam in any respect
whatsoever. The failure of either party to exercise in any respect
any right provided for herein shall not be deemed a waiver of
any further rights hereunder. Acai Amsterdam shall not be liable
for any failure to perform its obligations hereunder where such
failure results from any cause beyond Acai Amsterdam’s
reasonable control, including, without limitation, mechanical,
electronic or communications failure or degradation (including
“line-noise” interference). The Terms of Service is not
assignable, transferable or sub licensable by you except with
Acai Amsterdam’s prior written consent. Acai Amsterdam may
transfer, assign or delegate the Terms of Service and its rights
and obligations without consent. Both parties agree that the
Terms of Service is the complete and exclusive statement of the
mutual understanding of the parties and supersedes and
cancels all previous written and oral agreements,
communications and other understandings relating to the
subject matter of the Terms of Service, and that all modifications
must be in a writing signed by both parties, except as otherwise
provided herein. ACAI AMSTERDAM. with registered address at
EMANZANA 9, 1103AV AMSTERDAM THE NETHERLANDS,
KvK-nummer: 55797474, shall as well operate hereunder with
its services being regulated by these Terms of Service.
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