Terms of services affiliate

TERMS OF SERVICE–AFFILIATE SYSTEM

The Terms of Service is made between:

 

ACL                           :                 ATHENASIA CONSULTING LTD/Affiliate System Provider

(Hereinafter referred as “ACL”)

                  &

AFFILIATE              :                 AFFILLIATE/Client/Partner/You/Your

(Hereinafter referred as “the Affiliate”)

 

THE AFFILIATEUNDERSTANDS THE SCOPE OF AFFILIATE SYSTEM PROVIDED BY ACL AND IT IS HEREBY AGREED AS FOLLOWS:

 

These Terms and Conditions elucidate the respective rights and obligations of ACL and the Affiliate in connection with the use of the ac-athenasia.com (hereinafter referred as “the Affiliate System”), by requesting for or using or attempting to use the Affiliate System, the Affiliate is bound by the Terms of Service below.

 

A(1)         The Affiliate System:

                  1.1           The Affiliate System provides a network to enable the Affiliate to earn commission by
supplying sales and referrals to ACL.

 

1.2           It is agreed and understood that this Agreement shall not be or deemed to be a partnership,
joint venture, agency or any other relationship other than that contained in this Terms of
Service.

 

1.3           Subject to any express provisions to the contrary in these terms, the Affiliate shall have no
right or authority to enter into any contract, make any representation, give any warranty,
incur any liability, assume any obligation, whether express or implied, of any kind on ACL’s
behalf or bind ACL in whatsoever manner.

 

 

A(2)         Enrolment in the Affiliate System:

2.1           By joining the Affiliate System, the Affiliate confirms the following:

2.1.1      The Affiliate is legally capable of entering into binding contracts.

2.1.2      The Affiliate will provide accurate, authentic and complete Registration
Data and that the Affiliate shall inform ACL of any changes in the respective
Registration Data.

2.1.3      In any event, if the Affiliate is acting for an organization such as a company
or a partnership, the Affiliate must be authorized by the said organization to
enter into these terms for and on behalf of that organization.

2.1.4      The Affiliate, by entering and performing under this Terms of Service shall
neither violate nor constitute a default under provisions of any law, rule,
regulation, order, judgement or decree to which you are subject to or which
is binding upon the Affiliate himself, or the terms of any other agreement,
document or instrument applicable to the Affiliate or binding upon the
Affiliate.

 

2.2           ACL reserves its right to suspend or close any Affiliate membership/account, if it is on ACL’s
opinion that the Affiliate has failed to comply with any part of these terms contained herein.

 

2.3           The Affiliate is solely responsible for ensuring that all persons who use his account with ACL
are aware of these terms, and that they comply with them.

 

2.4          The Affiliate is solely responsible for all use of his own security details and account. The Affiliate is required to treat his own username, password and any other security detail as confidential, and not disclose it to any person. The Affiliate is also obliged to prevent unauthorized access to his own account.

 

2.5          The Affiliate shall abide by all applicable laws and regulations and guidelines while using the Affiliate System.

 

2.6          The Affiliate shall not modify any documents, creative or other materials created or furnished by ACL in conjunction with the Affiliate System without the prior consent of ACL Affiliate shall not display or otherwise use the trademarks, service marks, or trade dress of ACL without the prior written consent of ACL.

 

 

A(3)         Affiliate’s Requirements – Who can become an Affiliate?

                  3.1           Client: An existing ACL client will automatically be enrolled into the Affiliate System as
provided by ACL to be an Affiliate.

 

3.2           Partner: Any individual or company that is not an existing ACL client, but a business partner,
and is interested to be enrolled as an Affiliate into ACL’s Affiliate System (“ac-
athenasia.com”) must at least, refer 5 new prospective Clients to ACL within a year. The said
Referrals must have fully settled the total service fees for the services or products rendered
by ACL.

 

A(4)         Responsibilities to remain as an Affiliate:

                  4.1           In order to remain as an Affiliate in ACL’s Affiliate System, both existing ACL client and
business partner must be actively and continuously engaging in businesses with ACL or at                                    least, made Referrals to ACL. Please take note that in order to remain as an Affiliate with the

Affiliate System, the Affiliate is required to refer at least 10 new prospective Clients to ACL,                                 whereby such newly referred Clients must also be an active member, PROVIDED THAT the                            said Affiliate is either an existing ACL Client or Partner.

 

A(5)         Commissions:

                  5.1           Commissions may be generated either by directly purchasing ACL’s core products or upon
the purchase made by the Affiliate’s referrals. ACL will pay the Affiliate with 10% of life time                               commission(hereinafter referred as “the said life time commission”) for purchasing ACL’s                          core products or providing Referral to purchase such core products which must done on the                                     platform of the Affiliate System. Please take note that the referral will be paid on a quarterly
basis. Please take note that only the purchase of ACL’s core products will entitle the Affiliate
the said life time commission. The core products provided by ACL include the following:
company setup services; maintenance of company services; accounting and audit services;
and business plan services.

 

5.2           Please take note that the said life time commission will be rewarded to an Affiliate
provided that the core products are purchased through the platform of the Affiliate System.
Any purchase made through the other means of payment including bank transfer will not be
taken into account since such transaction could not be tracked by ACL’s Affiliate System.

 

5.3           No commission will be payable in any event if the ACL is unable to track transactions to an
Affiliate.

 

5.4           ACL will pay the life time commission to the Affiliate at the end of the month following the
month in which the life time commission due became unconditional. Subject to 5.5 below,
payments become unconditional once the full total service fee for the core products has
been fully settled.

 

5.5           In any event that if any transactions turn out to be fraudulent or in any way not bona fide,
the life time commission paid in relation to such transactions will be repayable to ACL by
Affiliate and any unpaid commission thereon will be forfeited.

 

5.6           ACL reserves the rights to request for the Affiliate’s personal identification (e.g. identity
documents, passport, driving license, address proof, telephone numbers, certificate of
incorporation, business registration license, etc.) when appropriate situation occurs or when
handling massive transactions including but not limited to payment. Should any exceptional
circumstances occur, ACL reserves the right to withhold the payment until the investigation
is concluded with satisfactory result.

 

A(6)         Attribution of the referral:

                  6.1           ACL recommends that the safest method to secure a Referral is that the Affiliate
must share his affiliate link to the new prospective Client who wants to purchase ACL’s core                               products. The new prospective Client is required to click on the provided affiliate link, and
upon doing so the Client will automatically be recruited under the Referrer/Affiliate.

 

6.2           In any event if the Referrer/Affiliate refers a new prospective Client to ACL through e-mails,
ACL will use the Referrer’s/Affiliate’s link to proceed with the purchase, and attribute the
Client to the Referrer/Affiliate. However, kindly note that such method is not recommended
as it is highly prone to mistakes, omissions or commission loss.

                 

A(7)         Terms and Termination:

                  7.1           This Terms of Service shall take effect upon ACL’s acceptance of the Affiliate’s enrolment
and shall end when terminated by either party. The lifetime commission will end if an
Affiliate deregisters his Affiliate account based on his own accord or stops his service with
ACL. For purposes of notification of termination, delivery via e-mail is considered written
and immediate form of notification.

 

7.2           ACL fully reserves all its rights to suspend or terminate this Terms of Service with or without
cause. Any violations of this Terms of Service by the Affiliate shall constitute grounds for
immediate termination of this Terms of Service. For any membership/account which is
suspended or terminated due to a breach by the Affiliate of this Terms of Service, ACL
reserves the right to pay or withhold the related commission.

 

7.3           Notwithstanding the other provisions of this clause, ACL may immediately terminate this Terms of Service without notice if ACL determines, at its sole discretion: that the Affiliate or any of the referred customers are engaged in fraud or are suspected of being engaged in fraud; that ACL has doubts in respect to the Affiliate’s true identity and that the said Affiliate is unable to provide ACL with appropriate identification to effectively verify the said Affiliate’s identity; that any of the Affiliate’s activities pose a risk to the integrity of the Affiliate System; and/or the Affiliate is involved in spreading negative sentiments/views about ACL.

 

B(8)         Severability:

                  8.1           Each clause and sub-clause of this Terms of Service shall be independently interpreted and
enforceable. If any clause or sub-clause of this Terms of Service is declared void, illegal or
otherwise unenforceable by a court of competent jurisdiction, the remainder shall survive
unaffected.

 

A(9)         Modifications:

                  9.1           ACL reserves its right to modify any of these terms and conditions including the affiliate
scheme at any time and in ACL sole discretion. If any modification is found unacceptable, an
Affiliate may at his option, terminate this Terms of Service.

 

9.2           The Affiliate’s continuous participation in the said Affiliate System following ACL’s posting of
a change notice or new Terms of Service will constitute binding acceptance of the change.
No amendment, modification or supplement to this Terms of Service shall be effective
unless it is made and posted by an authorized representative of ACL.

 

A(10)      Exclusion and Limitation of Liability:

10.1        Under no circumstances shall ACL be liable to the Affiliate, for any loss, injury, or damage, of
whatever kind of nature, resulting or arising out of any mistakes, errors, omissions, delays,
or interruptions in the receipt, transmission, storage of any messages or information arising
out of or in connection with the Affiliate System as provided by ACL.

 

10.2        ACL shall not be liable under any circumstances for any special, consequential, incidental or
punitive damages, whether based on breach of contract or tort, arising out of or in any way
connected with this Terms of Service. This limited liability clause shall apply even if ACL has
been notified of the possibility of any claims. In no event shall ACL’s maximum liability
exceed the commission paid to the Affiliate.

 

A(11)      Indemnification:

11.1        The Affiliate hereby agrees to indemnify, defend and hold harmless ACL from and against
any fees, expenses or damages incurred through breach of this Terms of Service or omission
by the Affiliate.

 

A(12)      Definitions and Interpretations:

                  12.1        In this Terms of Service, unless there is something in the subject or context inconsistent
with such construction or unless it is otherwise expressly provided:-

  • words importing the masculine gender only shall include the feminine and neuter genders;
  • words in the singular number only shall include the plural number and vice versa;
  • words applicable to natural persons only shall include any body or persons firm or partnership corporate or unincorporated;
  • the headings are inserted for convenience only and shall not affect the construction of this Terms of Service; and
  • the expression “Hong Kong Dollar” and the abbreviation “HKD” shall mean the lawful currency of Hong Kong Special Administrative Region.

 

12.2        “Client” means the person or company transacting with ACL in such a way as to benefit
ACL’s business.

 

12.3        “Commission” means the payment of 10% life time commission to Affiliates by ACL, in
compensation for sale or Referrals of Clients to ACL (as distinguished from a salary or
employment).

 

12.4        “Core Products” means the core services provided by ACL that includes company setup
services; maintenance of company services; accounting and audit services; and business plan
services.

 

12.5        “Life time commission” means the commission will last unless the Affiliate deregisters his
Affiliate account based on his own accord or stops his service with ACL.

 

12.6        “Referral” means the introduction of a potential Client to ACL by an Affiliate via the Affiliate
System.

 

A(13)      Communications:

  1. The terms are written in English, and any contract and other communication between the
    Affiliate and ACL shall be in English. The law requires that some of the information or
    communications ACL send to the Affiliate must be in writing.

 

A(14)      Force Majeure:

  1. Neither party shall be liable to the other for delays or failures in performance for causes
    beyond the reasonable control of that party, including but not limited to, labor disputes,
    strikes or disturbances, material shortages or rationing, civil commotion, riots, war, acts of
    god, governmental regulations, communication, utility failures or technical problems.

 

A(15)      Data Protection and Confidentiality:

                  15.1        Both ACL and the Affiliate shall comply with the Personal Data Privacy Ordinance (Cap.486),
as amended from time to time and any applicable data protection legislation, regulations,
codes of practices, or guidelines which may subsequently be introduced.

 

15.2        The Affiliate acknowledges and agrees that both personal data and company data may be
processed as a result of the services being provided by ACL.

 

15.3        The Affiliate acknowledges that his personal information (such as name, address, telephone
number or email address) may be used by ACL for the following purposes: to set up and
maintain the Affiliate’s account; for the provisions of the services to which this Affiliate
System relates; to comply with relevant regulations regarding the Affiliate’s registration with
ACL, including verifying the information provided by the Affiliate; to monitor activities in
order to detect fraudulent or otherwise unlawful, criminal or improper activities and
breaches of this Terms of Service; and to investigate or prevent any such activities.

 

 

 

A(16)      Governing Law:

                  16.1        This Terms of Service shall be governed by the laws of Hong Kong Special Administrative
Region and the parties hereby mutually agree to submit to the jurisdiction of the Court of
Hong Kong Special Administrative Region.