By using the Application, you are consenting the above mentioned terms and conditions.
- DEFINITIONS AND INTERPRETATION
- In this document, ‘we’, ‘us’ and ‘our’ means TPL Trakker Limited and ‘you’ and ‘your’ means the Affiliate/the User.
- In addition to those defined words and expressions, references to:
|Affiliate Partner Program
||means the program whereby you shall refer potential customers to us.
||means all or any commercial or technical data and information, or any other data or documents, which are provided to you or communicated orally, whether before on or after the date of this Consent Form (including without limitation, digital format or electronic, magnetic or optical media) by us or our Intermediaries.
||means the financial, legal, technical or other advisors appointed by us in respect of the arrangement.
||means the potential customers referred to us by you in exchange of a fixed commission (as stated in the affiliate agreement) upon a successful sale of the Product(s).
||means Bike Trakker, Trakker Basic, Trakker Plus and Trakker Premium, all being products offered by us.
||means the person using the App.
- TERMS OF THIS ARRANGEMENT
- By using the App, its services or any future features we develop and introduce, you consent to the following:
- You are eighteen (18) years of age or older.
- You agree to the terms of this Agreement and any other request and rules set by us from time to time, at our sole discretion, in respect of your ongoing participation in the Program and promotion of the our Products.
- You agree to actively promote the Products at various marketing channels and presenting the marketing materials to you.
- You acknowledge and agree that we reserve the right to meet with potential customer to verify the terms and conditions of the Product(s) explained to the said potential If we are satisfied, then we shall confirm the sale of the Product(s) and grant you a Referral. You may not object to any decisions made by us regarding the terms or conditions of a particular relationship entered into after the sale has been confirmed by the Referral. Further, we retain the sole right to determine whether or not to enter into an arrangement by way of a Referral.
- You will provide complete information of the Referral to us by using the Lead Generation Form provided in the App.
- Upon receipt of the customer’s information on the database, our department shall run a background check of the customer and then contact such person. You shall also assist in coordinating an appointment of the customer with us.
- Once the customer confirms that the customer wishes to purchase the Product, we shall provide confirmation of the sale to you through the App, after which your commission shall be automatically generated on the App and the customer shall be considered a Referral.
- We shall be responsible for the sales process to all Referrals, subject to the Parties’ continued good-faith cooperation in promoting the sales process to customers.
- You will be paid a commission of 10% (ten percent) on each successful sale.
- You shall also be paid an additional bonus of PKR 2,000 (Pakistan Rupees Two Thousand Only) on every fourth (4th) successful sale.
- All amounts due under this Agreement shall be payable, in arrears, on a monthly basis for all successful sales registered on or before the twentieth (20th) day of a .
- TPL will not be responsible for any out of pocket expenses incurred by you in the course of the performance of your obligations hereunder unless such expenses have been previously approved in writing by us.
- YOUR RESPONSIBILITIES
- You hereby agree to do the following:
- Provide services and extend your best effort to ensure that the services meet our specifications.
- Devote an adequate and acceptable amount of time, energy and ability to perform the services diligently in a timely and productive manner.
- You shall not engage in any activity whatsoever with our conventional sales channel neither will you enter into any arrangement with our conventional sales channel.
- You shall comply with all of the laws of Pakistan, other permits, codes and regulations applicable to your performance of the Services.
- That all the services rendered by you shall be rendered in a professional manner and shall commensurate with our image and reputation.
- INDEMNITY AND WARRANTY
- Each party shall hold harmless, and indemnify the other party and its directors, officers, agents and employees against any and all loss, liability, damage, or expense, including any direct, indirect or consequential loss, liability, damage, or expense, but not including attorneys’ fees unless awarded by a court of competent jurisdiction, for injury or death to persons, including employees of either party, and damage to property, including property of either party, arising out of or in connection with intentional, willful, wanton, reckless or negligent conduct. However, neither party shall be indemnified hereunder for any loss, liability, damage, or expense resulting from its sole negligence or willful misconduct. Notwithstanding the indemnity provisions contained herein, except for a party’s willful misconduct or sole negligence.
- You acknowledge that you shall be privy to our confidential information and therefore, you hereby agree to keep all such information strictly confidential and not use it for your own benefit nor disclose or divulge such information to any third party. However, this restriction shall not apply to any information which:
- had been rightfully in your prior possession to its disclosure;
- had been in the public domain prior to its disclosure;
- has become part of the public domain by publication or by any other means except an authorized act or omission on your part;
- had been supplied to you without restriction by a third party who is under no obligation to maintain such information in confidence or is required to be disclosed by any federal or provincial law, rule or regulation or by any applicable judgment, order or decree or any court, governmental body having jurisdiction in the premises.
- INTELLECTUAL PRORPERTY RIGHTS
By using this App, you agree that you will not assert any claim, nor acquire any right, title or interest in any of the trademarks, copyrights, design rights, patent rights registered in our name, neither will you have any right, title or interest in the Products sold pursuant through the use of this App, nor will you take any action or commit any omission which would jeopardize in any way our rights created over the intellectual property whatsoever.
The Services to be provided by you shall be on an exclusive basis. You hereby agree that you shall be working exclusively with us and shall not enter into similar agreement with any other tracking company.
- CONTACT US
If you have any questions regarding the usage of this App, or have questions about our practices, please contact us via email at firstname.lastname@example.org