Clause 1: Scope
These General Terms and Conditions for Publisher shall apply to the contractual relationship between Lazada Thailand 8th Flr., One Pacific Place Bldg., 140 Sukhumvit Rd., Klongtoey, Bangkok, Thailand (hereinafter referred to as "LAZADA") and partners in the LAZADA Affiliate Program (hereinafter referred to as "the Partner"). The Partner's own terms and conditions shall require the express written consent of LAZADA and shall therefore not be applicable even if LAZADA does not object to their validity.
Clause 2: Contract Formation
A contract between LAZADA and the Partner in respect of the placement of LAZADA advertising materials shall be formed exclusively via LAZADA platform's application procedure, in the context of which the Partner shall submit an application to participate in the LAZADA Affiliate Program, thereby accepting these General Terms and Conditions for Publisher. The Partner shall have no entitlement to acceptance of a said bid or to formation of a contract with LAZADA.
The Sign-Up Form together with these General Terms and Conditions and the acceptance into the program will together constitute a framework agreement between LAZADA (Advertiser) and the Partner (Publisher).
Clause 3: Subject of the Contract
1) The subject of this contract shall be the participation in the Affiliate Program and promotion of LAZADA by the Partner as a publisher in the context of the platform. To this end, LAZADA shall make a selection of advertising materials (e.g. advertising banners, buttons, text links, product feed, newsletter templates) available to the Partner as an advertiser via the LAZADA Platform.
2) The Partner shall be solely responsible for placing the LAZADA advertising materials on its website(s) (hereinafter referred to as "Partner’s Website") registered in the LAZADA Affiliate Program. The Partner shall be free to decide whether and how long to place the LAZADA advertising materials on the Partner’s Website. The Partner shall be entitled to remove the LAZADA advertising materials again at any time. The Partner is only allowed to place LAZADA advertising materials on its Partner’s Website(s) registered and approved by LAZADA.
3) In return for the promotion and successful brokerage of transactions, the Partner shall receive from LAZADA a brokerage commission, which shall depend on the extent and real value of the service.
4) The LAZADA Affiliate Program shall not establish any other contractual relationship between the Parties that goes beyond this contract.
5) LAZADA shall reserve the right to amend these General Terms and Conditions for Publisher at any time. The Partner shall be informed of any changes via e-mail. Should the Partner not agree to the changes, it shall be entitled to inform LAZADA thereof within four weeks after receipt of the notification of the change. If the Partner does not provide such notification within this period, the changes shall be deemed to have been accepted and shall take effect at the end of the period. LAZADA shall, in its notification of the change, advise the Partner of the importance of the four-week deadline.
Clause 4: Definition and Interpretation
Advertiser
The contract partner that is offering its products/goods or services.
Advertising Media
The media that is usually a website of a Publisher. The website, including all sub-pages, requires the registration by the Publisher. The Advertising Media may also include other marketing media, such as newsletter marketing.
Advertiser’s Platform
The Platform which enables the Publisher to participate in the LAZADA Affiliate Program and provides it with statistical and financial information.
Advertiser’s Website
The website on which the Advertiser sells its products/goods or services online.
Affiliate Program
Pay per sale. Affiliate Programs operate on behalf of the Advertiser.
Chargeback
Transactions which are not eligible for commission payout.
Click
A user’s call of a hyperlink for the Affiliate Program, leading to the Advertiser’s Website.
Customer
A natural person who accesses to the Advertising Media of the Publisher and/or the Advertiser’s Website, and places an order on the Advertiser’s Website.
Hyperlink
A link to the Advertiser’s Website in form of the exact URL, provided via the Affiliate Program, for use by the Publisher in his Advertising Media (e.g. registered Websites), that identifies the Publisher.
Party
The entity who enters into a binding agreement with one or more other contracting parties and thus accepts the benefits and obligations specified therein.
Platform
The online platform where the publisher is able to find all the necessary information and materials to be part of and contribute to the Affiliate Program (follow its performance, retrieve advertising materials, access to its amount of commission, etc.).
Publisher (Partner)
An entity which is publishing content on the internet.
Publisher Commission
The reward received by a publisher for delivering a sale or an agreed action.
Publisher’s Website (Partner’s Website)
The website on which the Partner is publishing content. The published content may include text, images, videos and other types of media.
Sale (also called order or transaction)
The act of selling a product or service in return for money by one of the Advertiser’s customers via the Publisher’s Hyperlink.
SEM
The acronym which means search engine marketing and includes any form of online marketing that seeks to promote websites by increasing their visibility in search engine result pages through the use of paid placement, contextual advertising or paid inclusion.
SEO
The acronym which means search engine optimization and includes the process of (i) improving the volume or quality of traffic to a web site or a web page from search engines via "natural" or un-paid ("organic" or "algorithmic") search results, or (ii) realizing or creating an improved or better ranking in search engine results for a specific keyword or keywords.
Sign-Up Form
The Sign-up form that is accessible via the Affiliate Program to register for the Affiliate Program.
View (or impression)
The amount of times an advertisement is shown on the Advertising Media.
Clause 5: Obligations of the Partners
1) The Partner shall be expressly prohibited from using advertising material other than those made available by LAZADA via the platform and from modifying advertising material without authorization.
2) The Partner shall not, without prior written consent by LAZADA, be allowed to use advertising e-mails (EDM) to promote LAZADA.
3) The Partner has to make sure that all e-mail addresses were generated over a double opt-in, in consideration of all necessary restrictions. LAZADA will be free of all third-party requirements in case of issues because of the mailing partners. The Partner guarantees that they take responsibility in case of complaints concerning the e-mail. The Partner is not allowed to use the brand “LAZADA” within the e-mail address, within the URL, within the source code, and within the subject of the e-mail. The Partner has to make sure that it is clear that the e-mail comes from a Partner and not from LAZADA directly. The e-mail has to be approved by LAZADA before it will be sent. The Partner has to compensate the costs, in case of breach of third party requirement because of not following the restrictions.
4) The Partner itself shall be responsible for the content and routine operation of its Partner’s Website and shall, for the term of this contract, place no content on said Website that breaches applicable law, public morals or third-party rights. Prohibitions shall include, but not be limited to, representations that glorify violence, sexual and pornographic content and illustrations, misleading statements or discriminatory content (e.g. in respect of gender, race, politics, religion, nationality or disability). Such content may neither be mentioned on the Partner’s Website, nor may links be created from the Partner’s Website to corresponding content on other websites. The Partner’s Website shall not conduct, undertake, use, perform or exercise deal, torrent or streaming activities.
5) The Partner shall be prohibited from maintaining on the Internet websites that might give rise to a risk of confusion with the web presence of LAZADA. The Partner shall neither be allowed to mirror said presence nor to copy graphics, texts or other content from LAZADA website. It is strictly prohibited to crawl any of LAZADA’s webpages. In particular, the Partner shall avoid creating the impression that the Partner’s Website is a project of LAZADA or that its operator is economically linked to LAZADA in any way that goes beyond the LAZADA Affiliate Program and this contract. Any use, by the Partner, of materials or content from LAZADA web presence or its logos or brands shall require LAZADA prior written approval.
6) The Partner shall be liable, vis-à-vis LAZADA, for ensuring that its advertising e-mails are in neither direct nor indirect breach of domestic and/or foreign third-party property rights and/or other rights that do not enjoy any special statutory protection.
7) It is strictly prohibited to drive search engine marketing (SEM) and other keyword-based advertising traffic to the Advertiser’s Website. SEM and other keyword-based advertising driving traffic to the Partner’s Website should exclude the LAZADA brand and private labels; in other words, "LAZADA" must be entered as a negative keyword. In the event of a breach, all generated sales shall be cancelled. Site links in Google AdWords advertisements may be entered in connection with LAZADA only if they refer to a landing page of the Partner’s Website on which LAZADA is exclusively promoted. Site links may expressly not be placed on the LAZADA brand or on misspellings or generic terms related to the LAZADA product range, nor shall direct forwarding from within the Google advertisement
Clause 1: Scope
These General Terms and Conditions for Publisher shall apply to the contractual relationship between Lazada Thailand 8th Flr., One Pacific Place Bldg., 140 Sukhumvit Rd., Klongtoey, Bangkok, Thailand (hereinafter referred to as "LAZADA") and partners in the LAZADA Affiliate Program (hereinafter referred to as "the Partner"). The Partner's own terms and conditions shall require the express written consent of LAZADA and shall therefore not be applicable even if LAZADA does not object to their validity.
Clause 2: Contract Formation
A contract between LAZADA and the Partner in respect of the placement of LAZADA advertising materials shall be formed exclusively via LAZADA platform's application procedure, in the context of which the Partner shall submit an application to participate in the LAZADA Affiliate Program, thereby accepting these General Terms and Conditions for Publisher. The Partner shall have no entitlement to acceptance of a said bid or to formation of a contract with LAZADA.
The Sign-Up Form together with these General Terms and Conditions and the acceptance into the program will together constitute a framework agreement between LAZADA (Advertiser) and the Partner (Publisher).
Clause 3: Subject of the Contract
1) The subject of this contract shall be the participation in the Affiliate Program and promotion of LAZADA by the Partner as a publisher in the context of the platform. To this end, LAZADA shall make a selection of advertising materials (e.g. advertising banners, buttons, text links, product feed, newsletter templates) available to the Partner as an advertiser via the LAZADA Platform.
2) The Partner shall be solely responsible for placing the LAZADA advertising materials on its website(s) (hereinafter referred to as "Partner’s Website") registered in the LAZADA Affiliate Program. The Partner shall be free to decide whether and how long to place the LAZADA advertising materials on the Partner’s Website. The Partner shall be entitled to remove the LAZADA advertising materials again at any time. The Partner is only allowed to place LAZADA advertising materials on its Partner’s Website(s) registered and approved by LAZADA.
3) In return for the promotion and successful brokerage of transactions, the Partner shall receive from LAZADA a brokerage commission, which shall depend on the extent and real value of the service.
4) The LAZADA Affiliate Program shall not establish any other contractual relationship between the Parties that goes beyond this contract.
5) LAZADA shall reserve the right to amend these General Terms and Conditions for Publisher at any time. The Partner shall be informed of any changes via e-mail. Should the Partner not agree to the changes, it shall be entitled to inform LAZADA thereof within four weeks after receipt of the notification of the change. If the Partner does not provide such notification within this period, the changes shall be deemed to have been accepted and shall take effect at the end of the period. LAZADA shall, in its notification of the change, advise the Partner of the importance of the four-week deadline.
Clause 4: Definition and Interpretation
Advertiser
The contract partner that is offering its products/goods or services.
Advertising Media
The media that is usually a website of a Publisher. The website, including all sub-pages, requires the registration by the Publisher. The Advertising Media may also include other marketing media, such as newsletter marketing.
Advertiser’s Platform
The Platform which enables the Publisher to participate in the LAZADA Affiliate Program and provides it with statistical and financial information.
Advertiser’s Website
The website on which the Advertiser sells its products/goods or services online.
Affiliate Program
Pay per sale. Affiliate Programs operate on behalf of the Advertiser.
Chargeback
Transactions which are not eligible for commission payout.
Click
A user’s call of a hyperlink for the Affiliate Program, leading to the Advertiser’s Website.
Customer
A natural person who accesses to the Advertising Media of the Publisher and/or the Advertiser’s Website, and places an order on the Advertiser’s Website.
Hyperlink
A link to the Advertiser’s Website in form of the exact URL, provided via the Affiliate Program, for use by the Publisher in his Advertising Media (e.g. registered Websites), that identifies the Publisher.
Party
The entity who enters into a binding agreement with one or more other contracting parties and thus accepts the benefits and obligations specified therein.
Platform
The online platform where the publisher is able to find all the necessary information and materials to be part of and contribute to the Affiliate Program (follow its performance, retrieve advertising materials, access to its amount of commission, etc.).
Publisher (Partner)
An entity which is publishing content on the internet.
Publisher Commission
The reward received by a publisher for delivering a sale or an agreed action.
Publisher’s Website (Partner’s Website)
The website on which the Partner is publishing content. The published content may include text, images, videos and other types of media.
Sale (also called order or transaction)
The act of selling a product or service in return for money by one of the Advertiser’s customers via the Publisher’s Hyperlink.
SEM
The acronym which means search engine marketing and includes any form of online marketing that seeks to promote websites by increasing their visibility in search engine result pages through the use of paid placement, contextual advertising or paid inclusion.
SEO
The acronym which means search engine optimization and includes the process of (i) improving the volume or quality of traffic to a web site or a web page from search engines via "natural" or un-paid ("organic" or "algorithmic") search results, or (ii) realizing or creating an improved or better ranking in search engine results for a specific keyword or keywords.
Sign-Up Form
The Sign-up form that is accessible via the Affiliate Program to register for the Affiliate Program.
View (or impression)
The amount of times an advertisement is shown on the Advertising Media.
Clause 5: Obligations of the Partners
1) The Partner shall be expressly prohibited from using advertising material other than those made available by LAZADA via the platform and from modifying advertising material without authorization.
2) The Partner shall not, without prior written consent by LAZADA, be allowed to use advertising e-mails (EDM) to promote LAZADA.
3) The Partner has to make sure that all e-mail addresses were generated over a double opt-in, in consideration of all necessary restrictions. LAZADA will be free of all third-party requirements in case of issues because of the mailing partners. The Partner guarantees that they take responsibility in case of complaints concerning the e-mail. The Partner is not allowed to use the brand “LAZADA” within the e-mail address, within the URL, within the source code, and within the subject of the e-mail. The Partner has to make sure that it is clear that the e-mail comes from a Partner and not from LAZADA directly. The e-mail has to be approved by LAZADA before it will be sent. The Partner has to compensate the costs, in case of breach of third party requirement because of not following the restrictions.
4) The Partner itself shall be responsible for the content and routine operation of its Partner’s Website and shall, for the term of this contract, place no content on said Website that breaches applicable law, public morals or third-party rights. Prohibitions shall include, but not be limited to, representations that glorify violence, sexual and pornographic content and illustrations, misleading statements or discriminatory content (e.g. in respect of gender, race, politics, religion, nationality or disability). Such content may neither be mentioned on the Partner’s Website, nor may links be created from the Partner’s Website to corresponding content on other websites. The Partner’s Website shall not conduct, undertake, use, perform or exercise deal, torrent or streaming activities.
5) The Partner shall be prohibited from maintaining on the Internet websites that might give rise to a risk of confusion with the web presence of LAZADA. The Partner shall neither be allowed to mirror said presence nor to copy graphics, texts or other content from LAZADA website. It is strictly prohibited to crawl any of LAZADA’s webpages. In particular, the Partner shall avoid creating the impression that the Partner’s Website is a project of LAZADA or that its operator is economically linked to LAZADA in any way that goes beyond the LAZADA Affiliate Program and this contract. Any use, by the Partner, of materials or content from LAZADA web presence or its logos or brands shall require LAZADA prior written approval.
6) The Partner shall be liable, vis-à-vis LAZADA, for ensuring that its advertising e-mails are in neither direct nor indirect breach of domestic and/or foreign third-party property rights and/or other rights that do not enjoy any special statutory protection.
7) It is strictly prohibited to drive search engine marketing (SEM) and other keyword-based advertising traffic to the Advertiser’s Website. SEM and other keyword-based advertising driving traffic to the Partner’s Website should exclude the LAZADA brand and private labels; in other words, "LAZADA" must be entered as a negative keyword. In the event of a breach, all generated sales shall be cancelled. Site links in Google AdWords advertisements may be entered in connection with LAZADA only if they refer to a landing page of the Partner’s Website on which LAZADA is exclusively promoted. Site links may expressly not be placed on the LAZADA brand or on misspellings or generic terms related to the LAZADA product range, nor shall direct forwarding from within the Google advertisement
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