AIRWORKS TRADING LLC REGULATION AFFILIATE PROGRAM
WHEREAS Part A and its affiliates is the AIRWORKS TRADING LLC, Drones and camera products of the DJI brands and Parte A is the founder of the AIRWORKS TRADING LLC affiliate program in UAE; CONSIDERING that Part B is willing to become a AIRWORKS TRADING LLC Affiliate in accordance with this Agreement and to promote the product specified in this Agreement; the Parties have entered into this Agreement through friendly negotiations in accordance with the principles of reciprocity and mutual benefit and agree as follows:
Unless otherwise agreed or prescribed below, the following terms will have the following meaning in this Agreement:
Part A: AIRWORKS TRADING LLC – OFFICE 1004 – IRIS BAY
BUSINESS BAY – DUBAI – UAE;
Part B: you, refer to members who voluntarily adhere to the AIRWORKS TRADING LLC affiliate program and undertake to promote the AIRWORKS TRADING LLC product under this Agreement;
AIRWORKS TRADING LLC affiliate program: a membership organization that promotes DJI products and obtains commissions based on this Agreement;
AIRWORKS TRADING LLC Affiliate: refers to any member of the AIRWORKS TRADING LLC Affiliate Program who uses the services of the AIRWORKS TRADING LLC Affiliate Program for promotion as well as any other affiliate that recognizes and agrees to abide by the Affiliate Program Rules in any other way ;
DJI Credit: this is the virtual currency that can be used as currency in the official DJI online store and its base unit is € 1.00. Individuals who do not have a VAT number can only receive discounts for the purchase of products on our website. Professionals with VAT numbers and companies can invoice with a monthly cycle and receive payment by bank transfer or paypal.
Product: refers to the main equipment and components marketed in the online shopping mall of the AIRWORKS TRADING LLC website;
Agreement: refers to this Agreement, including any attachments and any other written document confirmed by the Parties in relation to the promotional relationship between the Parties;
Attachments: refers to the documents attached to this Agreement which, together with the body contained herein, constitute a complete agreement.
Rights and duties
Part B is willing to act as a member of the AIRWORKS TRADING LLC Affiliate Program and promote the Product, and is willing to be binding on the administrative system of the DJI Affiliate Program for the AIRWORKS TRADING LLC Affiliate ranking (Attachment 1).
Basic relationship between the parties
1) Part A is responsible for the development, production and quality management of the Products;
2) As a AIRWORKS TRADING LLC Affiliate, Part B must only promote the Product; Part B must not represent Part A in any circumstances (e) without the prior authorization or written approval of Part A.
Part B guarantees the legality of its promotional activities, including the form and content. The promotional channel / promotion must not include any of the following:
(1) Any content determined to be questionable in nature according to the basic principles established in the Constitution of the P.R.C.;
(2) any content that threatens national security, disseminates state secrets, diminishes state power, or disrupts national unity;
(3) Any content harmful to the honor of the state and / or interest (s);
(4) any content that instigates racial prejudice, promotes racial discrimination or disrupts racial harmony;
(5) Any content that is discriminatory against any race or target of any person, unit or organization;
(6) Any content contrary to the religious policy of the state; promote any superstitious heresy or belief;
(7) any content that spreads rumors, upsets the social order or alters social stability;
(8) Any content that spreads obscenity, pornography, violence, killing, terrorism or instigation to crime (i);
(9) any content that contains insults or defamations against a person or persons or that is extremely blasphemous or offensive;
(10) Any content obtained by illegal or illegitimate means
(11) Any content related to gambling or casinos;
(12) any content related to illegal drugs or drug-related tools;
(13) Any content that sells or promotes prescription drugs;
(14) any content that sells or is related to tobacco;
(15) Any content that sells arms or ammunition (eg guns, parts of guns, combat knives and / or stun guns;
(16) Any content that sells imitations of branded products or counterfeit products;
(17) Any content that sells or distributes semi-annual reports or student theses;
(18) Any content that violates or is suspected of infringing the intellectual property rights of third parties, including, but not limited to, patents, trademarks and copyrights;
(19) Any content that compromises the commercial secret / s of others;
(20) Any content that improperly appropriates or misrepresents the third party website;
(21) Any content that promotes a scam or scams (including but not limited to promoting “get rich quickly” etc.);
(22) Any content that violates or is prohibited by law or administrative regulation; that advertises illegal activities or violates the legal rights of third parties.
Part B accepts and undertakes to carry out promotional activities in accordance with the requirements of Part A and does not adopt the following promotion methods:
(1) promote in the form of spam messages in the forum / post comments area or in any comments section of web pages and / or by sending spam or text messages;
(2) promote through the click to pay for advertising;
(3) promote through search engine marketing channels that include, but are not limited to, Google, Baidu, Yahoo, Bing, etc.;
(4) promote through any “jump link”, which refers to an intermediate website or a web page that jumps directly to DJI’s official website, with no other click link;
(5) promote through cash return methods, bundles with other products, resale at extremely low prices or other forms of disguised discounts.
The creative work produced by Party B outside the Party A website is attributed to Party B and only to Party B; such content must not in any way represent Part A. In the event that any image (s), word (s), music, etc. They violate the intellectual property rights of any third party or cause any other loss, Part B must bear and accept all the resulting legal consequences.
If Part B negatively affects Part A, in any way, due to negligence or negligence during the promotional activity, including, but not limited to, (1) damage to the reputation, image or reputation of the brand A , (2) incitement to the complaint (s) of the infringement by a third party, (3) the initiation of a lawsuit by a third party, or (4) the disclosure of the confidential information of Part A, Part B must correspond to all reasonable compensation due to Part A.
Part B will obtain the Commission on condition that Part B promotes the AIRWORKS TRADING LLC Products in accordance with this Agreement.
1) Basic principles for the calculation of commissions: the commission is calculated based on the actual price that customers pay for any DJI product (excluding shipping costs). The Commission will be given only on the basis of this price. If AIRWORKS TRADING LLC entrusts the provision of services to the customer to third parties (eg: “delivery”, “door-to-door service”, etc.), such service fees will not be considered part of the purchase price for the purpose of calculating any commission .
2) How to earn Commissions: the AIRWORKS TRADING LLC affiliate program can get links to the products (hereinafter “Link”) through the AIRWORKS TRADING LLC affiliate Programs of dji-store.it and share them on Social Media. If customers click on these links on www.dji-store.it and purchase products through these reference links, the AIRWORKS TRADING LLC affiliate will receive a commission based on the commission rate set by the AIRWORKS TRADING LLC affiliate program.
3) AIRWORKS TRADING LLC affiliates can check their AIRWORKS TRADING LLC credit on the “My Account” page. The DJI credit can be redeemed in cash exclusively for VAT number holders or companies. For individuals, credit cannot be transferred to other AIRWORKS TRADING LLC affiliate accounts. A private AIRWORKS TRADING LLC affiliate can use DJI credit to make purchases on the AIRWORKS TRADING LLC online store through vouchers that can be issued for each month. The AIRWORKS TRADING LLC affiliate can choose other payment methods if the AIRWORKS TRADING LLC credit is not sufficient to cover the entire purchase (shipping costs cannot be covered by AIRWORKS TRADING LLC credits).
4) If the customer visits the AIRWORKS TRADING LLC online store and purchases the qualified products after opening the links sent by more than one AIRWORKS TRADING LLC affiliate, only the AIRWORKS TRADING LLC affiliate of the link on which the customer clicked most recently will receive a commission .
5) Commission settlement date: the moment when the commission is paid to the AIRWORKS TRADING LLC affiliate is as follows:
The AIRWORKS TRADING LLC Affiliate will receive a commission, in the form of AIRWORKS TRADING LLC credits, at least 15 days after, end of the month, that the customer confirms receipt, assuming that no refund is required during this period.
If the main incident or force majeure takes effect on the commission payment date, AIRWORKS TRADING LLC has the right to change the payment date and inform the DJI affiliates in advance.
6) The payment currency of the AIRWORKS TRADING LLC affiliate program will be in euros.
7) If Part B and / or the end user who purchases the AIRWORKS TRADING LLC Product through the promotion link of Part B chooses to use coupons other than the training coupons, Part B will not reach the Commission agreed on the basis of this Agreement.
8) Refund: if the customer requests a refund and has been successfully reimbursed i) before the customer confirms the receipt, or ii) within 15 days after the deposit
9) Cheating: if the promotional behavior of a Part B goes against relevant regulations or is recognized as a violation of the AIRWORKS TRADING LLC policy in the opinion of DJI, AIRWORKS TRADING LLC has the right to withdraw any commission obtained from Part B in that month and / or in precedence of which such behavior occurs. If AIRWORKS TRADING LLC has not assigned any commission to Part B, AIRWORKS TRADING LLC reserves the right not to make the payment. If Part B does not agree with the result, Part B must provide comprehensive, but not limited, evidence of the URLs and screenshots of the promotion link website. Part A reserves the right to make a final decision.
1) Part A may at its discretion determine the selling price of the Product, and Part B must promote the Product at the price offered in the online shop of the official AIRWORKS TRADING LLC website and / or other price separately
2) Regarding the retail price offered above, Part A accepts that it is the same for all AIRWORKS TRADING LLC affiliates;
3) Part A may, at its discretion, adjust the sale price of the products related to the Links promotion by notifying Part B in writing. Unless agreed in Part A, in writing, the sale price promoted by Part B does not violate the general pricing policy of Part A;
4) If Part B considers the retail price of the product to be unreasonable, it may recommend Part A in writing and Part A determines whether to adjust the sale price within 3 days of requesting Part B.
III. Intellectual property rights
1. Party B does not register or request the registration of any name or domain name containing the trademark of DJI (the name may include without limitation the name of the company of part B (full name or short name) and the name of the promotion channel, etc. And the domain name refers to the domain name of all Web sites in Part B (including but not limited to the promotion channel)); furthermore, the name and domain name of Part B may not fall under the following circumstances:
(1) Use any name or domain name that contains the DJI or AIRWORKS TRADING LLC trademark or may cause misunderstanding among consumers;
(2) Use any name or domain name that you intend to represent or imply that you have a certain relationship with AIRWORKS TRADING LLC and / or its management (eg Participation / Control Report, Joint Venture / Partnership, Interpersonal Relationship, Agency, Union or strategic cooperation report);
Main features: eg adopt any domain name, name or composition relating to or similar to AIRWORKS TRADING LLC and / or its management;
for example. dajiangdji.com, djdij.com, wangtaodji.com
(3) Use any name or domain name that maliciously insults the DJI or AIRWORKS TRADING LLC website and / or its management;
(4) use any name or domain name that can easily give rise to disputes;
(5) Use any name or domain name that may damage the rights and interests of customers, damage the customer’s user experience, interrupt the DJI Affiliate Program cooperation order, or cause adverse effects to DJI products or AIRWORKS TRADING LLC or relevant brand, or to increase unfair competition against AIRWORKS TRADING LLC or violate the legal rights and interests of DJI.
During promotional activities, Part B does not violate the rights and / or interests of third parties; otherwise, Part B will assume all responsibility.
Term, Revision and Termination of this Agreement
Part A may, at its discretion, review the rules (including commissions) based on business development and announce it on the website of the AIRWORKS TRADING LLC Affiliate Program (www.dji-store.it, the same below) or in otherwise notifies Part B and Part B reviews the revised rules in a timely manner. If Part B does not accept the review, it must stop using the services of the AIRWORKS TRADING LLC Affiliate Program; in the event that Part B continues to use the services of the AIRWORKS TRADING LLC Affiliate Program, the revised rules will be deemed to have been accepted.
If part B has any suggestions on the revision of this agreement, it will notify in writing Part A that the parties negotiate.
During the period of validity of this Agreement, if one of the Parties fails to correct any of the following material breaches of this Agreement within 3 days, the other Party may notify the infringing Party in writing of terminating the Contract and claiming compensation for significant losses:
1) Make false promises or provide false information about the promotion relationship;
2) Part B violates the agreement and promotes the product with a disguised discount; or Part B conducts any illegal promotion in the opinion of Part A;
3) A party delays payment of any fees related to this agreement.
1) Part B does its best to protect the intellectual property rights of Part A, and may not reverse engineer, decode or copy any product of Part A or transfer the product of Part A to third parties; and part B promises not to decipher the products in any way;
2) Before the confidential information of Part A, including, without limitation, trade secrecy, is legally disclosed, Part B may not disclose any confidential information of Part A learned as a result of this Agreement or use such confidential information beyond the scope of this Agreement.
Validity of this Agreement
This Agreement will be binding on the Parties as soon as it is accepted digitally.
1) The interpretation, performance and resolution of disputes of this Agreement are governed by the law of the Italian Republic
2) Any dispute arising from the execution of this Agreement will be settled by the Parties through friendly negotiation. In the event of failure to negotiate, either party may file a lawsuit in the court of the city of Rome, Italy. Unless otherwise specified in the binding sentence, both the judicial commission and the attorney’s fee are the responsibility of the losing party.
3) During the resolution of the dispute, all the clauses that are irrelevant to the dispute will remain in force.
4) Part A reserves the right to interpret this Agreement.