TERMS OF EMAILING AGREEMENTS
1. ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF EMAILING AGREEMENT
Canalmail S.L. (Hereinafter "Canalmail") Spanish company domiciled in Albatros Business Park - Arroyo de la Vega C / Anabel Segura 11 - Bldg A, 4th D 28108 Alcobendas, Madrid - Spain - CIF B-82604646 and holds an EMAILING.service.
EMAILING agreement is provided to the WEBMASTER under the terms and conditions of this Agreement emailing and in accordance with the operating rules and regulations published periodically by Canalmail. This document represents the entire agreement between the WEBMASTER and Canalmail and supersedes all prior agreements signed by the parties in relation to the subject matter hereof.
2. PURPOSE AND HIGH IN THE EMAILING AGREEMENT
AGREEMENT Canalmail is the alliance between Canalmail and webmaster to advertise the service Newsletters, News and Email MKT EMAILING (hereinafter EMAILING SERVICE) owned by Canalmail web site owned by the webmaster, in order to Subscribers generation for said service.
EMAILING service will be governed by the terms and conditions included in the Subscribers Area www.canalmail.com URL.
The webmaster, with starting register herein emailing, completed application form, you accept these terms and conditions agreement emailing, and should not be denied admission by Canalmail within fifteen days, (denial for which it governed the sole discretion of Canalmail) publish links and legal notes supplied by Canalmail on the website of associate and work to maximize the number of users subscribed to the service Canalmail emailing.
3. CHANGES IN THE TERMS OF AGREEMENT EMAILING
Due to the special conditions of service, and in order to provide the most appropriate service at all times, Canalmail may modify the terms and conditions of this agreement by notifying the WEBMASTER by communicating changes in the home screen, so that the webmaster is aware of them before proceeding to the use of Canalmail.
The continued use of Canalmail by the WEBMASTER constitute a ratification of this document, with amendments and changes that were introduced.
For the same reasons mentioned above, Canalmail reserves the right to terminate the Agreement emailing in whole or in part, mediated or not having notice to the webmaster. Canalmail not be liable to the WEBMASTER or any third party for exercising its right to modify or terminate the Agreement Canalmail.
4. REMUNERATION OF THE WEBMASTER.
The webmaster has the right to receive compensation equivalent to [50%] of the net amount actually received from advertisers by advertising companies included in the notifications made to the users from the web ASSOCIATE. The net amount means the amount actually received from advertisers after deducting taxes and commissions.
The deadline for the debt bill is 1 year. No amounts may invoice generated prior to 12 months from the invoice date.
For monthly periods WEBMASTER invoice issued by the accrued amounts duly reported by Canalmail who shall make payment on the first day of each month or sixteen.
WEBMASTER EXPRESSLY AGREE TO ASSUME ALL RISK ONLY FROM THE OBJECT OF THE PARTNERSHIP AGREEMENT. Canalmail IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE".
WEBMASTER GUARANTEE THE ACCURACY OF CONSENT OF SUBSCRIBERS TO RECEIVE ADVERTISING SERVICE Canalmail emailing, and answer, exonerating Canalmail FROM ANY CLAIMS ARISING FROM THE LACK OF TRUTH OR FOR FRAUD OR FALSE your consent BY SUBSCRIBER.
Canalmail AGREEMENT DOES NOT WARRANT THAT THE ANSWER TO THE WEBMASTER REQUIREMENTS OR THAT THE AGREEMENT WILL BE UNINTERRUPTED OR THAT WILL BE SECURE, TIMELY OR ERROR FREE.
Canalmail have offered EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES ARISING FROM TITLE, FITNESS FOR SALES AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WEBMASTER DECLARES BE UNDERSTOOD AND AGREE THAT ANY MATERIAL AND / OR DATA DOWNLOADED SYSTEM facilitated by Canalmail TO THIS AGREEMENT IS AT YOUR OWN RISK AND THAT MUST BE SOLELY RESPONSIBLE FOR ANY DAMAGES THAT MAY CAUSE YOUR COMPUTER SYSTEM OR LOSS OF DATA CAUSED BY THE DISCHARGE OF MATERIAL AND / OR DATA.
Canalmail NOT WARRANT ANY OF THE GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE SUBSCRIBERS BY EMAILING THE SAME OR TRANSACTIONS ENTERED INTO THROUGH IT.
NO ADVICE OR INFORMATION OBTAINED BY A webmaster, DIRECTLY OR INDIRECTLY FROM Canalmail, WHETHER ORAL OR WRITTEN, you may become a Canalmail WARRANTY OR HERE IS EXPRESSLY ASSUMED
6. LIMITATION OF LIABILITY
Canalmail NOT RESPONSIBLE FOR LOSS OF USE, BUSINESS INTERRUPTION OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF HOW THE FACT THAT HAVE TAKEN PLACE , AND NOT THIS CONTRACT, DEATH (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IN THE EVENT THAT Canalmail HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
7. NO RESALE OR COMMERCIAL USE OF SERVICE
Use of the Service is personal to the WEBMASTER only. The webmaster agree not assign or make any commercial use of the Service without the express consent of Canalmail.
8. CONDUCT WEBMASTER
The webmaster is solely responsible for the content of the transmissions that may make using the service Canalmail emailing. The use thereof by the webmaster is subject to the laws and local, provincial, regional, national and international regulations.
The Webmaster agrees: (1) not to use the same service for illegal purposes, nor prohibited herein; (2) not to interfere with systems of networks connected to the Service or dismantle them; (3) comply with all rules, regulations and procedures of the systems of networks connected to the Service.
The webmaster will not hinder access to other WEBMASTER AGREEMENT Canalmail or the use of similar services by other entities.
Canalmail may, in its sole discretion, terminate Canalmail AGREEMENT IMMEDIATELY IF WEBMASTER CONDUCT WAS NOT IN ACCORDANCE WITH THESE TERMS AND CONDITIONS.
9. WARRANTIES OF INFORMATION AND PROTECTION OF PERSONAL DATA
By accepting this agreement emailing WEBMASTER expressly authorizes the collection, recording and processing of personal data for the strict purpose of implementing the agreement emailing. Data will be collected in a file that holds Canalmail and responsible.
Subscriber knows and is aware that the Registration Information is collected, taxed and retained by Canalmail, SL on their sites owned facilities in DataHouse Internet servers, Avda. Valgrande 6 Pol. Industrial de Alcobendas (Madrid).
WEBMASTER may exercise their right of access, rectification, cancellation and opposition by accessing your account in the area of the URL www.canalmail.com Webmasters.
WEBMASTER agree to indemnify and hold harmless to Canalmail, its subsidiaries, affiliates, officers and employees from any claim or demand, including reasonable attorneys' fees, made by third parties resulting from the use of the AGREEMENT Canalmail by the webmaster, or the breach by the WEBMASTER to the provisions of this agreement, as well as for breach by the Webmaster or other user of the computer AGREEMENT Canalmail by WEBMASTER, intellectual, industrial property or other rights of a natural person or legal.
Similarly WEBMASTER indemnify and hold harmless Canalmail of any claims and / or sanction failure to stem from its web site of the Organic Data Protection Law and Society Services of Information and Electronic Commerce. To this end, the webmaster states that included in your web links and legal note provided by Canalmail without modification or alterations, and do not engage in promotional shipments AGREEMENT emailing, users or recipients not previously requested to send information commercial.
Both WEBMASTER as Canalmail may terminate the Agreement Canalmail at any time, without notice, with or without cause, and such decision shall be effective immediately. Canalmail not be liable to the WEBMASTER or any third party for termination of the agreement Canalmail.
Canalmail may terminate this Agreement if fraud occurs in the generation of users from the web site of the webmaster, losing in this case the right to WEBMASTER outstanding remuneration of billing, amounts computed as part of the damages and damages that would be payable for Canalmail for the realization of fraud.
In case of disagreement by the WEBMASTER any of the terms and conditions of this Agreement or any amendments thereto, or in case you are not satisfied with the agreement Canalmail, the only immediate remedy shall be to notify Canalmail is termination.
Upon termination of the Service immediately cease WEBMASTER rights to use all elements made available by Canalmail Canalmail under the agreement.
All notices between the parties shall be in writing and sent by E-mail or the postal system. Such transmissions shall be deemed notifications to the webmaster.
13. INTELLECTUAL PROPERTY
The webmaster acknowledges that content, including but not limited to it, text, software, music, sound, photographs, video, illustrations and other material found either in the commercially produced information presented to webmaster Canalmail or by suppliers and / or advertisers Canalmail (hereinafter "Content") is protected by intellectual property rights, patents and trademarks and registered trademarks, service marks and other rights resulting from intellectual property; therefore empowers the WEBMASTER to use this content in the way expressly authorized Canalmail. WEBMASTER is prohibited to copy, reproduce, distribute or make creations based on this Content without expressly authorized Canalmail. The WEBMASTER undertakes not decompose or alter the software and / or information provided by Canalmail by any concept or allow third parties to perform.
Both Canalmail as the webmaster will retain all rights to their respective names, logos, trademarks, and any intellectual property elements of either and does not constitute any of the terms of the agreement emailing assignment or waiver of rights under any circumstances.
WEBMASTER not create or distribute any material in which reference is made to Canalmail without the prior written consent of this.
The webmaster does not assign any right or obligation arising under this agreement, except with the express written consent of Canalmail. Any attempt to assign the Agreement without such consent will be void and of no effect whatsoever. Nevertheless, Canalmail entitled to assign this agreement with all its rights and obligations either by selling the service, dissolution, division, merger or any other form of transmission. This contract is mandatory and effect between the parties and their respective representatives, heirs, administrators, successors and holders of authorized transmissions, except as set forth herein.
If a competent court considers that any provision or provisions of this agreement would be contrary to law, such provision or provisions be redrafted so as to reflect as closely as possible the intentions of the parties, while the other provisions shall remain valid and enforceable .
In the event that any provision of this Agreement is held invalid or unenforceable, the invalid or unenforceable part and the remaining provisions of the Agreement shall remain valid and enforceable.
Any waiver of the right of representation (express or implied) of any party of any breach of this Agreement Canalmail not constitute a waiver of the right to claim for any offense or a subsequent offense. He did not give up nothing in the Agreement by act, omission or ignorance of one of the parties or their representatives or employees, except through a written instrument signed which expressly waives this provision.
The titles of the clauses herein are used solely for the convenience of the parties and have no legal or contractual significance.