Last updated: October 10, 2022

awdigi.com Affiliate Program Agreement

By signing up to be an affiliate in the awdigi.com Affiliate Program (hereinafter referred to as the “Affiliate Program”), you agree to be bound by the following Terms and Conditions of this Agreement (hereinafter referred to as the “Agreement”).

Please make sure to read them carefully before signing up.

These Terms are a legal agreement between PASTANA MONTEIRO EMPREENDIMENTOS ONLINE LTDA, a company incorporated under Brazilian law, whose address is PASTANA MONTEIRO EMPREENDIMENTOS ONLINE LTDA, Rua Principe Humberto, n 112 – Conj. 44, CEP. 09.725-200, Centro, São Bernardo do Campo/SP, Brazil (“awdigi.com”, “PASTANA MONTEIRO EMPREENDIMENTOS ONLINE LTDA”, "We", "Us") and You (the "Affiliate", "You").

The terms of the Agreement will begin upon completion of your registration with awdigi.com and will end when terminated by either party. Either You or We may terminate the Agreement at any time, with or without cause, by giving notice of termination to the other party. Notice by email to your address in our records shall be deemed sufficient notice to terminate this Agreement.

Definitions

"AwDigi.com" means a company owned, operated or controlled by PASTANA MONTEIRO EMPREENDIMENTOS ONLINE LTDA.

"Affiliate Program" means our affiliate marketing program as described in this Agreement.

“Agreement” means this Marketing Affiliate Program Agreement and all materials referenced, linked or attached to it.

“Commission” means an amount described in the Affiliate Tool for each Customer Transaction.

“Customer Transactions” means Lead transactions that are eligible for Commission in accordance with the “Customer Transactions” section of this Agreement. This may include customer purchases or customer signups, as further described in the Affiliate Tool.

“Lead” means a potential customer who clicks on the Affiliate Link that we make available to You through the Affiliate Tool.

“Affiliate Tool” means the tool that we make available to You upon Your acceptance into the Affiliate Program and for You to use to participate in the Affiliate Program.

“Affiliate Link” means the unique tracking link that You place on Your website or promote through other channels.

"We", "Us", "Our", "PASTANA MONTEIRO EMPREENDIMENTOS ONLINE LTDA" and "awdigi.com" means PASTANA MONTEIRO EMPREENDIMENTOS ONLINE LTDA.

"You" and "Affiliate" mean the party, other than Us, that enters into this Agreement and participates in the Affiliate Program.

Nature of the Relationship

You and We are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will not make any statement, whether on your website or otherwise, that reasonably contradicts anything in this Agreement.

Age Limit and Acceptance into the Program

To be accepted into Our Affiliate Program, You must (i) be over 18 years of age and (ii) agree to the terms and conditions of this agreement.

By registering for the awdigi.com Affiliate Tool as a user, customer or Affiliate, You represent that You are over the age of 18 and agree that the terms and conditions of this Agreement shall apply to You in full force and effect until terminated.

After registering for the Affiliate Program, You will be provided with a URL link that must be used to identify You when linking from Your website, email or other communications to the awdigi.com website. It is Your responsibility to ensure that each such link is properly formatted.

Non-exclusivity clause

This Agreement does not create an exclusive relationship between You and Us. Both You and We shall have the right to recommend similar products and services of third parties and to work with other partners.

Customer Transactions

1 — Affiliate Program Limits. Each accepted Lead will expire within one year from the date the Lead clicked on the Affiliate Link provided by You.

A Lead may also expire if the Lead clicks on an Affiliate Link provided by an Affiliate other than You. This is known as operating on a “last referrer” or “last cookie” basis.

We will pay You a 60% Commission for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Link provided by You, provided that You remain eligible to receive Commission under the terms of this Agreement.

The start of a Customer’s subscription is determined by the date of the Customer’s first purchase or sign-up, and You will receive a Commission payment for that monthly/annual Customer Transaction and any additional purchases made by that Customer during the Subscription Service, unless the Lead clicks on another Affiliate Link after making the purchase.

2 — Eligibility. To be eligible for Commission: (i) a Lead must be accepted and valid; (ii) a Customer Transaction must have occurred; (iii) a Customer must remain a customer for a period of 30 days; and (iv) the Customer Transaction must not have been completed by You or any party affiliated with You, such as Your employee, spouse or family member.

You are not eligible to receive Commissions or any other compensation from Us if: (i) such compensation is not permitted or is limited by any laws or regulations in Brazil or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or demands a refund within 30 days from the date of purchase; and (iii) the Commission payment was obtained by fraudulent means, misuse of the Affiliate Link, misuse of the Affiliate Tool or in violation of this Agreement, or by any other means that We consider detrimental to the Affiliate Program.

We may discontinue Commission payments if any of these eligibility criteria are not met at any time.

3 — Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions derived from Affiliate Leads generated by the Affiliate Link that We make available to You and are accepted by awdigi.com. An Affiliate Lead will be considered valid and accepted if, in Our reasonable determination, it is (i) a real person and (ii) a potential new customer of Ours. Notwithstanding the foregoing, We reserve the right to decline an Affiliate Lead in Our sole discretion.

If a Lead does not make any Customer Transactions within a period of one (1) year from the first click on the Affiliate Link, You will not be eligible for a Commission payment, even if the Lead decides to purchase after the time period has expired. If a person clicks on the Affiliate Link for the first time after this Agreement expires or the termination of this Agreement, that person is not a valid Affiliate Lead.

4 — Engagement with Prospects. Once We receive Lead information, We may choose to engage directly with the prospect, regardless of whether or not the Lead is valid. If a Lead is not valid, We may choose to retain it in Our database and may choose to engage with such Lead. Any engagement between Us and a Lead will be at the sole discretion of awdigi.com.

5 — Commission and Payment. In order to receive payment under this Agreement, You must have: (i) agreed to the terms of this Agreement; (ii) completed all necessary steps to create Your account on the Affiliate Tool in accordance with Our instructions; and (iii) have a valid and current payment method on the Affiliate Tool with such account.

6 — Payment Requirements; Cancellation. We shall have no obligation to pay You the Commission associated with a Canceled Transaction. Once You have met all requirements in this section, You will be eligible to receive Commission on Customer Transactions, provided that such Customer Transactions do not involve the same Customer associated with a Canceled Transaction.

7 — Payment of Commission. We will determine the currency in which We pay the Commission, as well as the applicable conversion rate. We will not pay more than one payment of Commission or other similar referral fee on any Client Transaction (unless We choose to do so in Our sole discretion).

8 — Taxes. You are responsible for paying all taxes and fees (including bank fees) applicable to the Commission. All amounts due by Us to You are subject to offset by Us against any amounts due by You to Us.

9 — Commission Amounts. We reserve the right to change or modify the amount of the Commission in accordance with the Affiliate Tool.

Promotion of the Brand

You have the right to use the trademarked features and images that We make available to You, subject to the following conditions:

• You may not alter the features in any way.
• You may only use Our trademarks in connection with the affiliate program; and You may not use other competitor trademarks in Your promotion of awdigi.com.
• You must not use Our trademark in a manner that is misleading or suggests that We endorse, sponsor, or approve your services or products without Our prior consent.
• You must not use Our trademark in violation of applicable law or in connection with obscene, indecent, or illegal topic or material.
• You are solely responsible for ensuring that Your reviews, product descriptions, and articles comply with all applicable copyright, trademark, and other laws. awdigi.com will not be liable if You use another party’s copyrighted or trademarked material in violation of the law.
• You must comply immediately if We request that You cease use.

Legal Provisions

You must comply with all applicable domestic and foreign laws (including, without limitation, export laws and laws governing the sending of unsolicited email), government regulations, ordinances, and court orders, and you must ensure that any third parties conducting sales or referral activities on your behalf do the same. You agree not to engage in misleading, false, illegal, or unethical marketing activities, or any other activities that may be harmful to us, our customers, or the general public. The awdigi.com Affiliate Program may be affected by the export laws and regulations of the United States, as well as any other export laws and regulations that are relevant in the area.

Indemnification

You will indemnify, defend, and hold us harmless, at your expense, against any third party claim, demand, action, or proceeding brought against us by a third party based on or arising out of your breach or violation of this Agreement, or your misuse of any Trademarks.

We will: (i) notify You in writing within thirty (30) days after becoming aware of such claim; (ii) give You sole control of the defense or settlement of such claim; and (iii) provide You with any and all information and assistance reasonably requested by You in dealing with the defense or settlement of the claim.

You shall not accept any agreement that imposes an obligation on Us or that requires Us to make an admission or that places restrictions on Us without Our prior written consent.

Applicable Law and Jurisdiction

This legal notice shall be governed by and construed in accordance with Brazilian law. Disputes arising from this legal notice shall be subject to the exclusive jurisdiction of the Brazilian courts.