PLEASE READ THE ENTIRE AGREEMENT.
WE RECOMMEND THAT YOU PRINT THIS DOCUMENT FOR YOUR OWN RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND NaturalRevenue.com (HERBAL TECHNOLOGIES B.V.)
BY SENDING THIS ONLINE APPLICATION YOU ACKNOWLEDGE HAVING READ AND UNDERSTOOD THE TERMS AND CONDITIONS HEREIN, AND THAT YOU ARE LEGALLY RESPONSIBLE BEFORE EACH AND EVERY TERM AND CONDITION.
I.- Herbal Technologies BV is the owner and administrator of the website called NaturalRevenue.com as well as the corresponding service that is accessible through the abovementioned website on the Internet.
II.- Whereas the Webmaster is the legitimate holder of the website(s) and in such website(s) no illegal activity is provided, whether related or unrelated to the contents that can be directly or indirectly accessed from other websites of the webmaster’s property, and that the webmaster is interested in the distribution from the abovementioned websites of the software of NaturalRevenue.com in accordance with the following terms detailed in the clauses of this document herein.
Both parties, with the powers they possess hereby acknowledge each other’s capacity to sign this agreement herein.
In light of what have been stated, the parties hereby agree to sign this software distribution agreement and to be bound to its terms in accordance with the following clauses.
TWO.- SUBJECT MATTER OF THE AGREEMENT.
By means of this agreement and the conditions provided herein, NaturalRevenue.com authorizes the Webmaster to participate in the NaturalRevenue program and consequently to modify the aforementioned websites of his ownership in order to include any necessary material that allows the users to know the contents of NaturalRevenue.com.
Such elements as the necessary software shall be provided by NaturalRevenue.com once the terms of this agreement have been accepted.
THREE.- DURATION AND TERMINATION.
The agreement herein shall come into force as from the acceptance of the terms of this agreement.
The parties shall be able to terminate the agreement herein at any point and with a notice of at least 15 days. The parties hereby agree the duration of this agreement to be sufficient and reasonable for an eventual unilateral termination by any of the parties.
Notwithstanding the termination powers in case of failure to comply and the legal actions that may apply as a result of a breach of the contract, each party have the power to unilaterally terminate this agreement.
NaturalRevenue hereby agrees to grant the Webmaster the corresponding amounts provided that the conditions and requirement detailed in this agreement are met.
Details of the program: Pay per Sale program
The NaturalRevenue system of NaturalRevenue.com will issue an electronic summary with detailed information on the amounts to be paid to the Webmaster, and such amounts shall be transferred by bank transfer or PayPal depending on the Webmaster’s choice. No amount other than the one emerging from the NaturalRevenue computer system of NaturalRevenue.com shall be paid.
It is hereby expressly agreed that unless the agreement is terminated, no payments under €100 shall be made. Thus, if the amount of the final payment calculated in accordance with this article does not reach the abovementioned minimum amount, such month shall not be paid. Instead, the pending amount shall be included in the following month’s pay provided that the amounts due exceed the minimum required amount
FIVE.- FAIR USES.
The Webmaster is authorized by NaturalRevenue.com to market the service in any lawful and legal form considered appropriate but expressly agrees not to advertise in any way that may be considered illicit or illegal, being the latter those contained in any regulation that may apply. In particular, the Webmaster hereby agrees to comprehensively comply with the ANTISPAM and ANTI-CROSS-POSTING policy and not to violate Act 18 U.S.C Section 2257.
The Webmaster hereby agrees to maintain the websites he/she owns at his/her sole expense, as well as to safeguard the image and the content thereof and the website from where the software is accessed. The Webmaster especially agrees not to include advertising or provide access from his/her Website to websites with contents related to underage pornography or any other criminal or illegal activity, especially according to the regulations of the United States of America and the countries of the European Union. The Webmaster hereby agrees not to use words, terms or expressions that may confuse the user about the contents of the services or their non-free nature. It is especially forbidden the use of expressions like "menores", "lolitas", "niñas", "pedofilia", "abusos", "niños", adolescent, child, children, elementary, fifteen, fourteen, high, school, infant, juvenile, kid, kiddy, kindergarten, little boy, little girl, lolita, lolita-teen, minor, nymphet, pedophile, preteen, puberty, pubescent, seventeen, sixteen, thirteen, underage, young boy, young child, young girl, young school boy, young school girl, young teen, youth. This list is merely exemplary and can be changed at any point.
The Webmaster hereby agrees not to include on the aforementioned websites any kind of erotic material in which underage children may have been involved at any point, as well as other material prohibited by the laws of the United States of America and the countries of the European Union. Likewise, the Webmaster hereby agrees not to mention or place links to other websites that do include such prohibited contents.
The Webmaster assumes full responsibility for the advertising and the contents of the websites he/she holds, and agrees to compensate NaturalRevenue.com for any damage that may result either directly or by reason of any liability required both by the government and by third parties regarding any displayed, linked or advertised content of the Websites owned by the Webmaster.
In case of failure to comply with the provisions in this clause, NaturalRevenue.com shall be able to terminate the agreement at once, notwithstanding the civil and criminal action that may pertain.
The Webmaster shall comply with the Code of Ethics of each country, and in case of absence of such code the Webmaster shall make sure of not being violating isolated legal dispositions that may consider such activity to be against the law.
SIX.- UNAVAILABILITY OF BRANDS.
The Webmaster hereby agrees not to give, sublease, license or carry out any disposition, exhibition or distribution of the brands, commercial names or logos related to NaturalRevenue.com. The Webmaster shall refrain from any action different from the strict compliance with the provisions of this document herein.
SEVEN.- PERSONAL INFORMATION.
The Webmaster hereby authorizes to include all the information provided to the database of NaturalRevenue.com in order to comply with the provisions of this agreement and to make the appropriate payments, as well as to receive commercial offers from the company and information of interest related to the subject matter of this agreement. The Webmaster shall be able to express at any point his/her wish of not receiving any further information.
NaturalRevenue.com hereby agrees not to sell or transfer such information to third parties or to use it for any purposes other than the ones detailed in the previous paragraph. The Webmaster shall be able to exercise his/her rights under the applicable legislation and to request the modification, consultation of cancellation of the information in the members’ zone of NaturalRevenue.com unless otherwise expressed by legal summons or written order from a competent administrative authority.
EIGHT.- TERMINATION OF THE AGREEMENT.
Any failure to comply with any of the obligations described in the clauses above shall be considered a cause for termination. The parties hereby agree that all obligations are essential and therefore, any failure to comply with any of them shall entitle the other party to terminate the agreement. Any failure to comply by the Webmaster is hereby considered to be an express termination condition.
The Webmaster shall immediately eliminate all icons, links or references to NaturalRevenue.com from his/her website(s) if so required by NaturalRevenue.com. All judicial and extrajudicial expenses that may result from a failure to comply with this agreement shall be paid by the breaching party, including attorney fees and other expenses.
NINE.- AUTOMATIC ARREARS.
The parties shall be in arrears by operation of law without any questioning, judicial or extrajudicial claim of any kind by the only and exclusive execution of any act that may be interpreted as a contradiction to the provisions of this agreement. Likewise, any kind of omission of any of the acts which were supposed to be carried out in accordance with the provisions herein shall have the same effect, that is, that the parties shall be in arrears by operation of law. For the previous supposition, none of the judicial proceedings mentioned on the first line of this clause’s paragraph shall be necessary.
TEN.- ARBITRATION AND APPLICABLE LAW.
All disputes arising from this agreement or related to the latter shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator to be appointed by the Chamber.
The arbitration shall be governed according to law, being applicable the EU law and being therefore Spanish the communication language.
ELEVEN- UNILATERAL MODIFICATION.
Herbal Technologies BV is authorized to unilaterally modify the agreement. The Webmaster shall be notified about the modification, which shall take effect if 10 natural days after receiving the notification, the Webmaster has not communicated his/her opposition to it. Should the Webmaster continue using the software after the 10-day deadline, the modification shall be considered accepted.
The Webmaster shall hold NaturalRevenue.com harmless from any lawsuit of any nature that may result from his/her participation. Likewise, the Webmaster shall face all taxes generated as a result of the service provision.
All notifications made for the purposes of this agreement shall be considered to be appropriate if sent by e-mail to the address on the records and the domiciles provided in this document by the parties.