SECTION 1. DEFINITION
- “Party B” is understood as an individual or individual who wants to receive advertising fees through Party A by posting advertisements on its website to link visitors to the Website to purchase with the provided coupon.
- “Party B Website” is understood as an Internet website or application (app), community operated and managed by Party B and registered by Party B to use the Services.
- “Buyers” are understood as individuals who will access Party B’s Website and be forwarded to the Coupon Sales and Purchase Website issued by Party A to Party B.
- “Management page” is understood as a dedicated website provided by Party A to Party B related to the Services through which Party B can choose the advertisement that Party B wants to establish or advertise. confirm terms and conditions of advertising fees, etc.
- “Advertising result” means any advertising result that originates from a customer coming to Party B’s Website to purchase goods or register for a membership, and is registered in the services data. Advertising results (Affiliate) will be charged for advertising.
SECTION 2. SCOPE AND HOW TO COOPERATE
- The services are understood as the service of posting ads on Party B’s Website. If the customer makes a purchase, a certain advertising fee proportional to the results of the advertisement will be paid by Party A.
- In case the applicant operates the website in one of the following cases, Party A can refuse the application. In addition, if, after being approved, Party A discovers that Party B or the above website belongs to one of the following cases, Party A may cancel the registration based on the provisions of the Agreement:
- The website contains obscene, pornographic content
- The Site contains content that infringes Copyright, Commercial Copyright, content from well-known domain names, or other intellectual property rights
- The Site contains content that is defamatory, libelous, impeding business, infringing upon honor, privacy, image rights, or the like
- Websites that engage in fraudulent investment activities, multi-level selling, or similar activities or participate in the introduction of the above activities
- Websites related to gambling, betting (except for state-run games, lotteries, or legal games)
- The Site contains content that violates applicable laws, ordinances, industry regulations, etc., or unlawful and anti-social content
- The website contains content that attacks public order and morality
- The site contains religious content
- The website is only for use by relatives, friends, and specific individuals
- The site is open to the public in a manner that, for example, requires a username and password to access
- The website is poor in content or difficult to understand
- The Site contains a large number of links to other Websites
- The website contains content that is harmful to Party A’s brand
- Party B has violations, directly or indirectly causing damage to Party A.
- Other cases that Party A considers inappropriate.
SECTION 3. SUBJECT, APPROVAL, AND ESTABLISHMENT OF AFFILIATE RESULTS.
- The Affiliate result will be determined by an approval process in which Party A decides to accept or reject the subject of the result.
- The approval of the Advertising Result is completely subjective of Party A and Party B has no right to require Party A to disclose the acceptance criteria or the reasons for refusal.
- Party A will pay the affiliate fee to Party B based on the Result determined according to the regulations
SECTION 4. PARTY A PAYING TO PARTY B
- Advertising results are counted and only counted if the customer purchases goods from Party A using the coupon provided by Party A to Party B.
- For each order, Party B will receive 30% (minimum) – 40% (maximum) of the order value and 20% if the order is renewed
Specifically, it is calculated as follows
- Revenue less than 4000 USD: 30%
- Turnover of 4000 USD or more: 35%
- Revenue as large or equal to 12500 USD: 40%
- The revenue of each order will be calculated after deducting the discount of the Coupon
- Revenue will be paid on 15-20 every month
- Party B is only paid when there are at least 2 successful orders.
- Party A will not be responsible for late payment of wages due to the 3rd force majeure factors such as Natural disasters, political instability, Internet… Or Party A discovers that Party B violates the provisions of this agreement.
- Party A is responsible for paying Party B’s commission in full within the specified time
- Party B bears all payment costs collected by 3rd parties such as Paypal, banks…
SECTION 5. SUPERVISION
- Party A will carry out its monitoring to determine whether Party B uses the Services by the provisions of the Agreement.
- In case, through monitoring, Party A determines that Party B has acted in violation of the Agreement or illegal actions, misconduct in violation of applicable laws, violations that negatively affect Party A, or actions of a similar nature (hereinafter referred to as “Violations”), Party A may refuse to pay all or part of the advertising fee.
- In case, through monitoring, Party B is found to have committed a Violation Act, Party A may cancel Party B’s registration without request. In case the advertiser or Party A suffers a loss due to Party B’s violation, Party A has the right to request Party B to compensate for the damage. In addition, if Party B’s violation is malicious and intentional, Party A can apply measures such as criminal proceedings.
SECTION 6. MAINTENANCE OF SERVICES
Maintenance Services may or may not be performed periodically. Party B may not complain about the suspension of the Services or the losses incurred during the maintenance period.
SECTION 7. NOTICE, CHANGE AND DELETE OF CONTENT FROM PARTY B.
- In case Party B changes the content on Party B’s Website or cannot access Party B’s Website, Party B will immediately update these changes on the Management Page.
- In case Party B is unable to use the Services or discovers other problems related to the Services, Party B should immediately notify Party A.
- In case there is a change in the registration information to use the Services, Party B needs to immediately log these changes in its registration information. If a problem arises from the fact that Party B does not log the changes to the registration information, Party B is solely responsible for and all costs to handle the problem, Party A is not responsible at all.
- In case Party A determines that the content of the feedback is not compatible with the category in which the feedback is being posted and requires deletion, Party B will have to delete the above feedback within 1 week from the date of receiving the notice requesting deletion.
SECTION 8. MANAGEMENT OF ACCESSORIES AND PASSWORD
Party B is responsible for the use and management of the Username and password provided by Party A.
Party B will not let a third party use the above Username and/or Password and may not lend, delegate or transfer the username and/or password to secure or benefit the other party. Tuesday.
Where the Services are exploited by using the Username and/or password provided to Party B, Party B is deemed to have used the Services even though the above-mentioned Services are provided by a third party. use. Party B shall be responsible for whatever cause the above use occurs.
SECTION 9. COMPLIANCE WITH LAW ON ADVERTISING
- On Party B’s Website, Party B must not perform illegal actions such as infringing on the copyright of Party A or a third party.
- In case Party B posts feedback, the copyright on the above feedback will belong to Party B or the author.
- Party B hereby agrees that the copyright license (including, without limitation, the right to copy, modify, the right to distribute, and the right to propagate to the public) is relevant to the objection. Copyrighted returns will be granted free of charge to Party A. In addition, Party B will not enforce its copyright in copyrighted works against Party A.
- Party B may not, expressly or impliedly, advertise, describe, or publish untrue, outrageous, or misleading articles related to trademarks, production processes, validity, and effectiveness. good effect
Other applicable laws:
- Party B will comply with applicable laws and regulations of Vietnam regarding website operation and posting of advertisements, laws or ordinances controlling the posting of advertisements, and not engage in soliciting acts. contemplating buyers, actions that block the interests of buyers, actions that mislead the effects by over-interpreting.
- Party B is responsible before Vietnamese law for advertising Products and related image information provided by Party B to Party A, ensuring these information products are legal, not contrary to ethics. , fine customs and traditions of Vietnam ;
- During the term of the Agreement, Party B ensures that it has full status as well as legal rights to license the use of related Information Products to Party B, without infringing on any third party’s rights; Party B will bear all related responsibilities including, but not limited to, responsibility for handling third-party claims and requests related to intellectual property rights and any other claims; compensate Party A and/or a third party (if any) for any damage caused by its violations and ensure Party A is innocent of all responsibility.
SECTION 10. PROHIBITED ACT
- Party B does not take actions that are inconsistent with Party A’s purposes or the goals of the Services, such as using forms of pressure, solicitation, or asking customers to buy goods to
- Party B does not take actions to increase the number of Results unnaturally or intentionally increase the number of Result subjects by illegal means, or for improper purposes, to collect advertising fees. report to Party B or related individuals.
- Party B’s failure to take actions (such as placing an order or registering for a membership) may result in receiving advertising fees as a representative of a third party.
Here is the full list of advertising methods and activities that are not allowed to use Shark Capital’s system, including:
1. Acts of creating virtual traffic (impression, click) and fake data for Party A’s programs
2. Acts of deception or coercion to access or automatically obtain user information when users access the site without consent or knowledge
3. Acts of impersonating Party A or providing false information to reach users
4. Acts of violating the regulations/requirements of Party A when participating in the campaign
5. Harmful acts to participants in the Shark Capital system including Shark Capital and other partners of Shark Capital
6. Using Party A’s links to deceive customers to visit for purposes other than performing other valid transactions
7. Advertise information on pages with malicious, ethical, and illegal content
8. Distributing incomplete, outdated, or misleading information regarding Party A’s goods or services, negatively affecting Party A.
9. The use or registration of any trademark or trade name that is confusingly similar to Shark Capital
10. Acts of running brand keywords or using keywords that are intentionally misspelled to cause confusion
11. Shark Capital’s behavior of using images including logos, brand names, system images … for commercial purposes such as selling courses or other activities that cost users a fee.
12. Acts of propaganda that are not true/false/exaggerated to entice users to become Publishers or mislead about Shark Capital’s services.
SECTION 11. HANDLING OF VIOLATIONS
11.1. Sanctioning basis:
- In case of detecting any violation by Party B, depending on the type of violation and severity, Party B’s violation will be handled according to the following criteria:
- According to the number of violations: Is the number of times that Party B performs the prohibited act.
- By severity: Is the impact of the violation from Publisher to objects including party A and other partners.
According to Party A’s regulations in the campaign
The following table is a breakdown of the levels of violations according to the above criteria:
After determining the level of violation, Shark Capital applies the following violation handling policies to Publisher:
The above fine is the minimum fine. In some cases, depending on the severity, Shark Capital will apply more severe penalties. On a case-by-case basis, the final judgment will belong to Shark Capital.
11.2. Procedure for handling violations:
When Shark Capital detects or suspects that Party B has signs of violation, Shark Capital will take the following steps:
B1: Notify party B and ask for an explanation
Shark Capital detects, requests a maximum response within 2 days of receiving the request
B2: Temporarily close the link of the campaign you are participating in until Party B can prove that there is no violation
B3: If party B responds late or does not respond, Shark Capital will do:
- Lock the link to join the campaign
- Not paying for previous orders
B4: In case of violation, apply sanctioning policies according to levels and based on:
Shark Capital’s sanction
SECTION 12. PARTY B CANCEL
Party B may cancel from the Services at any time.
As soon as Party B’s cancel procedure is completed, the registration to participate in the Services is also canceled.
SECTION 13. HANDLING OF PERSONAL INFORMATION
13.1. Party B is responsible for fully updating the information on the Affiliate Profile and committing that the information provided is correct. It is strictly forbidden to use other people’s information for registration.
- In order to prevent wrongdoings about Affiliated advertising services, Party A will use and share information about Party B’s misconduct (such as Party B’s name, registered website information, address, etc.) only, bank account). Hereby, Party B accepts the terms mentioned in this article.
- If one of the following cases occurs, Party A may disclose Party B’s registration information and transaction data.
- Courts, police, tax authorities, or other administrative agents order or conduct an investigation.
- Party A will use and disclose statistical information or similar information related to Party B but will not help identify Party B’s identity.
- Party A has the right to cancel/close or handle Party B’s accounts without prior notice to Party B if Party B’s account is inactive or operating in contravention of regulations.
SECTION 14. SECURITY OF INFORMATION
Party B may not disclose to third parties information about technology, business, the revenue of Party A obtained in connection with the participation in the Services and is recognized as confidential information, except for the information posted on public domain names. This regulation will continue to be effective after Party B’s Application is canceled.
SECTION 15. INTELLECTUAL PROPERTY RIGHTS
Any copyrights, commercial copyrights, and other intellectual property rights relating to the Services are owned by the individual who provided those rights, Party B may use only the whole or part of the Services. system part or advertising Link content is provided by Party A within the framework of Party A’s permission and does not perform acts outside the above-mentioned permitted framework to infringe copyright, etc., such as copying, print, publishing, broadcast, and distribute widely to the public or have a third party perform the above acts.
SECTION 16. PAUSE, CHANGE, MODIFY, ADDITION, AND DELETE OF SERVICES.
Party A may suspend, change, adjust, add or remove the Services at any time. If necessary, Party A may notify Party B in advance of the above actions.
SECTION 17. EXCHANGE OF INFORMATION
- Party A will send notices or exchange information with Party B by email registered on the system or posted on the website of the Services. Party B is responsible for proactively updating relevant information.
- In the case of Party A exchanging information via email, this information is considered to have been received by Party B on the date Party A sends the email.
- In case Party B changes the email address or phone number registered with Party A, Party B must immediately notify of these changes in the registration information. If Party B fails to notify the above changes and does not receive notice from Party A, Party A will not be responsible.
SECTION 18. TAXES AND LEGAL OBLIGATIONS
- Party B’s actual revenue is equal to 100% of revenue in the month minus temporary payments (if any), personal income tax, and other deductions (if any).
- Individuals/organizations will have to pay VAT, PIT (for individuals), CIT (for businesses) with the State. Shark Capital will apply a partial deduction of sales collected to pay personal income tax on behalf of party B (this tax will be remitted into the state budget by the law).
- Party B is fully responsible for taxes and other related obligations by the provisions of Vietnamese law.
SECTION 19. DISCLAIMER
Party A is not responsible for any damages suffered by Party B due to the use of the Services, except for damages caused by excessive intentional or negligent behavior on the part of Party A.
SECTION 20. RESPONSIBILITY FOR DAMAGE
- In case Party B causes damage to Party A. Party B must compensate all actual damages incurred to Party A
- If there is a problem between Party B and a third party, Party B must take responsibility and all costs to solve the problem. In case Party A suffers a loss due to the above issues, Party B must compensate for all actual damages incurred to Party A.
SECTION 21. NO AUTHORIZATION OF RIGHTS
Unless there is prior written consent from Party A, Party B may not delegate part or all of the benefits under the AGREEMENT to a third party, do not assign the above rights as security, or allow a third party to three use the above rights.
SECTION 22. CASE OF MAJOR
Party A is not responsible for the failure to perform or delay in whole or in part the Services due to causes beyond Party A’s control including, but not limited to, natural disasters, fires, earthquakes, protests, floods, hurricanes, epidemics, riots, terrorism, war, government laws, disruptions, disruptions to telecommunications services or Internet connections.
SECTION 23. OTHER AGREEMENT
- Any information related to the content in the advertisement about goods and services that Party A provides to Party B by using the Services is calculated at present, and Party A does not guarantee the validity of the service. For completeness, accuracy, and usefulness of the above information in the future, Party A is not responsible for any consequences related to Party B posting the above advertisements when using the Services.
- Hereby, Party B declares and commits that Party B does not fall into one of the following cases. If Party B is found to have falsified the above statements and commitments, Party B agrees to cancel its registration to participate in the Services. In addition, Party B agrees that if Party B or the organizations that Party B participates in suffers damage, Party B will be fully responsible for it.
Party B declares that while using the Services, Party B does not fall into one of the following cases and commits not to become the subject of one of the following cases:
- Organized crime gangs.
- Members of organized crime gangs.
- The individual has been a member of an organized crime gang for less than 5 years from the time of withdrawal to the present.
- An unofficial member of an organized crime gang.
- Party A is associated with an organized crime gang.
- Extorting Parties A, such as illegal money-making organizations masquerading as social campaigns or socio-intellectual violence units.
- Individuals or individuals similar to the above (hereinafter collectively referred to as “Organized Crime Gang Members”).
- Party B declares that while using the Services, Party B does not fall into one of the following cases and commits not to become the subject of one of the following cases.
- An individual operating under the control of an Organized Crime Gang Member.
- An individual whose activities are strongly related to Members of an organized crime gang.
- Individuals or individuals who take advantage of Members of an organized crime gang, among other things, to gain illegal profits for themselves or a third party or to cause damage to a third party.
- Person or person providing funds or infrastructure to an Organized Crime Gang Member.
- Party A whose employees or shareholders operating Party A has a relationship with an organized crime gang member.
- Accordingly, Party B commits not to facilitate third parties to perform acts in one of the following cases.
- Petitions based on violent behavior.
- Requests for unlawful or destructive conduct are not recognized by law.
- Be involved in threatening transactions, statements/actions, or acts of violence;
- Causing damage to Party A’s reputation by spreading false information, using fraudulent methods, or using force to obstruct Party A’s business activities; nice
- Has the same behavior as above.
- In case of Party B’s registration is canceled based on the above provisions, Party B may not complain to Party A for any damage caused by the cancellation of registration.
SECTION 24. VALIDITY OF AGREEMENT
- This Agreement will apply and take effect from the date the Contracting Parties and Party B register to participate.
- The Agreement may be changed or supplemented at any time depending on Party A and Party B is deemed to accept the changes and supplements when notified and continues to participate in the Services.
- Except as otherwise expressly provided, the amended and supplemented Agreement shall apply and take effect from the time the said Agreement is posted on the website providing the Services and shall govern the relations. between Party B and Party A.
Established and put into use on 11/19/2021