Terms of Service

1. The Agreement Terms

The terms and conditions (“Terms of Service ”) set out below represent the legally binding contract governing the affiliate relationship between you and The ART OF LIGEL, LLC known here as TAL WATCHES. You should read these terms carefully before applying to join the Affiliate Program and ensure you understand and agree with them.

If you do not understand any part of these terms, please contact our affiliates team at info@talswisswatch.com. One of our team members will provide you with more clarification. If you do not agree with any part of these terms, you should not apply to join the Affiliates Program.

The ART OF LIGEL, LLC known here as TAL WATCHES reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.

This Agreement specifies the following requirement for Registration an Affiliate Account:

1.1.  The Affiliate shall be 16 years of age and older to register in the Program.

1.2. The Affiliate must be the United States, the United Kingdom, Canada, or Australia resident to use the Program.

1.3. The Affiliate must be a human. The registration of “bots” accounts or any other automated methods is prohibited.

1.4. The Affiliate must provide their legal full name, valid email address, and other information requested to complete the signup process.

1.5. The login may only be used by one person – a single login shared by multiple people is not permitted.

The term of this Agreement will begin upon our acceptance of the Program application and will end when terminated by either party. Either the Affiliate or the Company may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, the Affiliate will immediately cease use of, and remove from your site, all links to https://talswisswatch.com, and all of the Company’s trademarks, trade dress, and logos, and all other materials provided by or on behalf of the Company to you pursuant hereto or in connection with the Program. 

The ART OF LIGEL, LLC known here as TAL WATCHES reserves the right to end the Program at any time. Upon program termination, The ART OF LIGEL, LLC known here as TAL WATCHES will pay any outstanding earnings accrued above $20.

2. Definitions

 “Agreement” means all the terms and conditions set out in this document, the terms and conditions of the Commission Structures applicable to the different products, the Privacy Policy, and any other rules and/or guidelines of the Company and/or the Website(s) made known to the Affiliate from time to time.

“Affiliate” means you, the person or entity, who applies to participate in the Affiliate Program. 

“Affiliate Application” means the application form whereby the Affiliate applies to participate in the Affiliate Program.

 “Affiliate Program” means the collaboration between the Company and the Affiliate whereby the Affiliate will promote the Website(s) and create the Links from the Affiliate Website(s) to the Website(s) and thereby be paid a commission as defined under this Agreement depending on the sales generated to the Website(s) subject to the terms and conditions of this Agreement.

“Affiliate Website(s)” means one or more websites on the Internet that are maintained and operated by the Affiliate.

“Commission” means the money payable to the Affiliate by the Company in accordance with the terms outlined in this Agreement.

“Company” refers to The ART OF LIGEL, LLC known here as TAL WATCHES, having its registered office at 388 Canal Pl, Bronx, NY, 10451, USA.

“Confidential Information” means any information of commercial or essential value for any of the Parties such as but without limitation to, financial reports and conditions, trade secrets, know-how, prices, business information, products, strategies, databases, information about New Customers, other customers and users of the Website(s), technology, marketing plans and manners of operation.

“Customers” who buy products through this Program will be deemed to be the Company’s customers. 

“Intellectual Property Rights” means any copyrights, patents, trademarks, service marks, inventions, domain names, brands, business names, utility brands, rights in computer software, source codes, rights in databases and know-how, design rights, Confidential Information, registrations of the aforesaid and/or any other rights in the nature of the aforesaid.

“Links” means Internet hyperlinks from the Affiliate Website(s) to the Website(s).

3. Relationship of Parties

The Company makes no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of The ART OF LIGEL, LLC known here as TAL WATCHES will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

4. Responsibilities of the Company

The Company shall evaluate the Affiliate Application hereby submitted and shall notify the Affiliate in writing (via email) whether the Affiliate Application is accepted or not. The Company reserves the right to refuse any registration at its sole and absolute discretion. 

Hereby, The Company is responsible for:

4.1.  The Company shall provide the Affiliate with all information and marketing material necessary for the implementation of the Links. The Company may change the design of the materials at any time without notice but won’t change the dimensions of the materials without proper notice.

4.2. The Company shall regularly update the Affiliate with the new offer the Company launches.

4.3. The Company ensures high-security protection of the personal data of the Affiliate.

4.4. Upon program termination, the Company will pay any outstanding earnings accrued above $20 according to the level of commission rate on time stipulated in the above Agreement.

4.5. The Company shall have the right to request any due diligence documentation that it may deem necessary for the purposes of accepting an Affiliate Application, and shall have the right to withhold all balances and payments due to an Affiliate until any and all due diligence documentation that may have been requested from the Affiliate from time to time is provided to the Company.

4.6. The Company may in its sole discretion withhold the payment of any balance to the Affiliate for up to one ninety (90) days if the Company needs to investigate and verify that the relevant transactions comply with the provisions of the Agreement.

4.7. No payment shall be due if the Company has reasons to believe that the traffic generated by the Affiliate is illegal or is in breach of any of the provisions of the Agreement.

5. Responsibilities of the Affiliate

The Affiliate hereby warrants and undertakes:

5.1.  The Affiliate shall use their best efforts to effectively promote the Company’s product to maximize the benefit for both Parties and will abide by the guidelines of the Company as may be forwarded from time to time and/or accessible online.

5.2. The Affiliate is responsible for maintaining the security of the account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

5.3. The Affiliate is permitted to place links, banners, or other graphics the Company provides with the Affiliate Code on the Affiliate site, emails, or in other communication channels. The Company provides all deliverables in the section “Resources” of the Affiliate account to enrich the sharing about The ART OF LIGEL, LLC known here as TAL WATCHES.

5.4. To permit accurate tracking, reporting, and referral fee accrual, the Affiliate shall create the tracking Link and use only this Link for any promotional activities on the Affiliate’s channels. The Affiliate must ensure that each of the links between the Affiliate’s site (any other channel) and The ART OF LIGEL, LLC known here as TAL WATCHES properly utilizes such special link formats. Links to The ART OF LIGEL, LLC known here as TAL WATCHES placed on the Affiliate’s channel pursuant to this Agreement and which properly utilize such special link formats are referred to as “Special Links.”

5.5. The Affiliate has a right to be rewarded with the commission payment once the sales are outreached $20 per month occurring directly through Special Links on The ART OF LIGEL, LLC known here as TAL WATCHES.  5.6. The Affiliate must claim the upgrading of the commission rate according to the current Company’s payment rules. The Company must update the Affiliate with any changes in the payment policy no later than 1 (one) day before the payment.  Affiliate links should point to the page of the product being promoted.

5.6. The Affiliate is responsible for all Content posted and activity that occurs under the account. One person or legal entity may not maintain more than one account. It is prohibited to use the Affiliate Program for any illegal or unauthorized purpose. 

5.7. The Affiliate must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You may not use the Affiliate Program to earn money on your own CloudBusiness product accounts.

5.8. Accordingly, all of our rules, policies and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. The Company may change its policies and operating procedures at any time. For example, the Company will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that the Affiliate has listed on the site, the Affiliate should not display product prices on the Affiliate’s site. The Company will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.

 

6. Payment Terms

Affiliate interest rate (“Commission”) is paid out for each item sold from their link payment or pay-as-you-go payment. If a refund has taken place within 30 days of the purchase of any items sold from your affiliates’ links, The ART OF LIGEL, LLC known here as TAL WATCHES will provide the Affiliate with a refund receipt for each subscriber’s refund. Subsequently, the interest rate earned will be deducted from the next payout(s) amount. All regular sales including pay-as-you-go orders are participating in the affiliate program. Any additional services are not included in the program.

The Commission payment is arranged 30 days after the Affiliate sales conversion each month. 

The Commission is paid out once the Affiliate reaches $20 sales per month on The ART OF LIGEL, LLC known here as TAL WATCHES, and shall be not less than 10%.

Payment of Commissions shall be made in accordance with the payment method chosen by the Affiliate in the Affiliate Application. If an error is made in the calculation of the Commission, the Company reserves the right to correct such calculation at any time and will immediately pay out underpayment or reclaim overpayment made to the Affiliate.

The Company has a right to terminate the Commission once the Terms of Service are violated by the Affiliate without notice.

 7. Compliance with Laws

As a condition to the Affiliate’s participation in the Program, the Affiliate agrees that while the Affiliate is a Program participant the Affiliate will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time the Affiliate is a Program participant.

Without limiting the foregoing obligation, the Affiliate agrees that as a condition of the Affiliate’s participation in the Program the Affiliate will comply with all applicable laws (federal, state, or otherwise) that govern marketing email, including without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

8. Limitations of Liabilities

The Company will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.

The Company shall not be liable (in contract, tort, for breach of statutory duty, or in any other way) for any economic losses, including but without limitation, to loss of profits, revenues, business, contracts, or anticipated savings).

The Affiliate agrees to defend, indemnify and hold the Company and its group companies/affiliates, successors, officers, employees, agents, directors, shareholders, and attorneys, free and harmless from and against any and all claims and liabilities, including reasonable legal and expert fees, related to or arising from:

8.1.  Any breach of Affiliate’s representations, warranties, or obligations under this Agreement.

8.2. Affiliate’s use (or misuse) of the marketing material and the Company’s and/or its group company’s Intellectual Property Rights.

8.3. Any defamatory, libelous, or illegal material contained on the Affiliate Website(s) or Affiliate’s information and data.

8.4. Any claim or contention that the Affiliate Website(s) or the Affiliate’s information and data infringe any third party’s patent, copyright, trademark, or other intellectual property rights or violate any third party’s rights of privacy or publicity.

8.5. Third-party access or use of the Affiliate Website(s) or the Affiliate’s information and data.

9. Arbitration

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or the Affiliate relationship with the Company or any of the Affiliates shall be submitted to confidential arbitration, except that, to the extent you have in any manner violated or threatened to violate the Company’s intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. 

Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

10. Termination of the Agreement

The ART OF LIGEL, LLC known here as TAL WATCHES (“Company”), in its sole discretion, has the right to suspend or terminate the Affiliate account and refuse any and all current or future use of the Program, or any other The ART OF LIGEL, LLC known here as TAL WATCHES service, for any reason at any time. 

Such termination of the Service will result in the deactivation or deletion of the Affiliate Account or access to the Affiliate Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in the Affiliate Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. 

The ART OF LIGEL, LLC known here as TAL WATCHES reserves the right to refuse service to anyone for any reason at any time.