Affiliate Terms and Conditions

Last updated: October 16, 2024

These Affiliates Terms and Conditions ("Agreement") govern the relationship between Taxbordr - International Tax Advisors, Lda ("Taxbordr," "we," or "us") and you, the Affiliate ("Affiliate" or "you"), regarding your participation in the Taxbordr Affiliate Program. By applying to join or participating in the Affiliate Program, you agree to be bound by this Agreement.

Definitions

  • Affiliate: An individual or entity that participates in the Affiliate Program.

  • Affiliate Application: The online form or process by which a prospective Affiliate applies to join the Affiliate Program.

  • Affiliate Link: The unique promotional link provided to Affiliate by Taxbordr to promote Taxbordr's products and services.

  • Affiliate Program: The marketing program described in this Agreement.

  • Commission: The amount payable to Affiliate based on Qualified Purchases.

  • Intellectual Property Rights: All intellectual property rights, including patents, trademarks, service marks, trade names, copyrights, trade secrets, and proprietary information.

  • Qualified Purchase: A sale of Taxbordr's products or services to a Referred Customer using the Affiliate's Link, subject to the terms of this Agreement.

  • Referred Customer: A unique individual who makes a Qualified Purchase using the Affiliate's Link.

Affiliate Program

  • Application and Acceptance: To join the Affiliate Program, you must register an account with Taxbordr. We reserve the right to cancel any account at our sole discretion.

  • Affiliate Links: Upon acceptance into the Affiliate Program, you will have access to our Affiliate Links. You agree to use the Affiliate Links in compliance with this Agreement and applicable laws and regulations.

  • Promotion: You will use commercially reasonable efforts to market and promote Taxbordr's products and services and distribute your Affiliate Link on your website, blog, social media accounts, or other channels in compliance with applicable laws and regulations.

  • Commission: We will pay you a commission for each qualified purchase made by a referred customer using your affiliate link, subject to the commission schedule and terms outlined in the affiliate program documentation or otherwise communicated to you.

Affiliate Obligations

  • Disclosure: You will clearly and conspicuously disclose your relationship with Taxbordr and the Affiliate relationship on your website or other promotional channels by applicable laws and regulations, including the US Federal Trade Commission's Endorsement Guides.

  • Prohibited Activities: You will not engage in any of the following activities:

    • Spamming or using any other unsolicited advertising methods;

    • Making false or misleading representations about Taxbordr or its products and services;

    • Engaging in any illegal, deceptive, or unethical practices;

    • Sharing or distributing the Affiliate Link in a manner that violates this Agreement;

    • Using any intellectual property of Taxbordr without prior written permission;

    • Promoting Taxbordr on any website that contains or promotes illegal activities, violence, discrimination, sexually explicit materials, or infringes on the intellectual property rights of others;

    • Self-use or self-referrals using your Affiliate Link.

Intellectual Property

You acknowledge that all intellectual property rights on Taxbordr's website, products, services, and promotional materials are owned by Taxbordr. This Agreement does not grant you any rights to Taxbordr's Intellectual Property.

Commission and Payment

  • Commission Calculation: Commissions will be calculated based on the 10% total value (excluding taxes) of Qualified Purchases 12 months after their first purchase or as determined by Taxbordr in its sole discretion. We reserve the right to modify the Commission structure upon your notice.

  • Payment Terms: Commissions will be paid monthly or according to the payment schedule and methods outlined in any Affiliate Program documentation or as otherwise communicated. You are responsible for providing and maintaining accurate payment information.

  • Taxes: You are responsible for all taxes, duties, and fees from participating in the Affiliate Program, including taxes on Commissions.

Term and Termination

  • Term: This Agreement will commence upon our acceptance of your Affiliate Application and will continue until terminated by either party.

  • Termination: Upon termination, you will immediately cease using all Affiliate Links and remove all references to Taxbordr from your website and other promotional channels.

  • Effect of Termination: Upon termination, you will immediately cease using all Affiliate Links and remove all references to Taxbordr from your website and other promotional channels. Any unpaid Commissions earned before termination will be paid to you by this Agreement.

Confidentiality

During this Agreement, you may receive confidential information from Taxbordr, including but not limited to Affiliate Links, Commission rates, and marketing strategies. You agree to maintain such information's confidentiality and not disclose it to any third party without Taxbordr's written consent.

Data Protection

  • Personal Data: To fulfill your obligations under this Agreement, you may process the personal data of Referred Customers. When processing such personal data, you agree to comply with all applicable data protection laws and regulations, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

  • Data Processing Agreement: If required by applicable law, the parties will enter into a separate data processing agreement governing the processing of personal data in connection with the Affiliate Program.

Disclaimer of Warranties

Taxbordr's website, products, services, and Affiliate Program are provided "as is" and without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability

In no event will Taxbordr be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement, even if advised of the possibility of such damages? Taxbordr's total liability under this Agreement will not exceed the Commissions paid or payable to you in the twelve (12) months preceding the event giving rise to the claim.

Indemnification

You will indemnify, defend, and hold harmless Taxbordr and its affiliates, directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your participation in the Affiliate Program or breach of this Agreement.

Governing Law and Jurisdiction

This Agreement will be governed by and construed by the laws of Portugal. Any disputes arising out of or related to this Agreement will be subject to the exclusive jurisdiction of the courts of Portugal or the European Union.

Miscellaneous

  • Entire Agreement: This Agreement constitutes the Agreement between the parties regarding the Affiliate Program and supersedes all prior agreements or understandings, whether written or oral.

  • Modification: We reserve the right to modify this Agreement at any time by posting the revised Agreement on our website. Your continued participation in the Affiliate Program after such modifications will constitute your acceptance of the revised Agreement.

  • Assignment: You may only assign this Agreement with Taxbordr's prior written consent. Taxbordr may assign this Agreement at any time without notice.

  • Waiver: Either party's waiver of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach.

  • Severability: If any provision of this Agreement is held invalid or unenforceable, such provision will be reformed to the extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Contact Information

If you have any questions about this Agreement or the Affiliate Program, please contact us at info@taxbordr.com.

By participating in the Taxbordr Affiliate Program, you agree to be bound by this Agreement.