These Terms of Use (“Terms of Use” or simply “Terms) regulate the use of the Affiliate Program (hereinafter referred to as “Program”) offered by DESKEEP INTERMEDIACAO DE SERVICOS PELA INTERNET (hereinafter referred to as “Deskeep”), CNPJ no. 36.082.483/0001-68, to its affiliates (hereinafter referred to as “Affiliates”).
1. OBJECTIVE OF THE PROGRAM
1.1 The objective of the program is to advertise through links, which, through clicks, will direct consumers to purchase one or more products or services from the DESKEEP website (www.deskeep.app).
1.1.1. In return for the disclosure, the affiliate will be entitled to commission for sales actually made through the link, observing the partnership rules in force on the DESKEEP website, of which the affiliate is fully aware.
2. REGISTRATION IN THE PROGRAM
2.1. The affiliate declares that he has read and agrees with all the terms and conditions set out in this instrument.
2.2. The program is only aimed at people who have the legal capacity to participate. Therefore, people who are unable to participate will not be able to participate, including, but not limited to, individuals under 18 (eighteen) years of age, or people who have previously been disabled for any reason.
2.3. To participate in the program, the affiliate must demonstrate their full civil capacity by completely and correctly filling out the registration form, available on the website www.deskeep.app, with the requested information, including their CNPJ or CPF number. If an inaccuracy or inconsistency is found in the registration data, registration in the program will not be effective.
2.4. DESKEEP reserves the right to use all valid and possible means to identify the affiliate, as well as to request additional data and documents that it deems to be relevant in order to verify the data provided in the registration.
2.5. The affiliate may not register with information belonging to third parties or false information.
2.6. Participation in the program will only be considered effective after approval by the affiliate. Approval that may be denied without prior clarification of the reasons.
2.7. If the affiliate is approved in the program, the affiliate will receive an affiliate code (AID) via email, which will allow the affiliate to access and use the materials and information available on the Affiliate Page (image bank, instructions for assembling the page, products for affiliates, sales report and registration), in compliance with the Partnership Policies established for the PROGRAM, the content of which the affiliate declares to be familiar with.
2.7.1. When using the program or any related service, the affiliate is responsible for maintaining the confidentiality of their account and password and for restricting access to their computer, and is responsible for all activities that occur under their account or password.
2.8. DESKEEP reserves the right not to approve the affiliate's registration or to exclude them from the program in the event of dissemination of any material, image or content that does not comply with the rules described here.
2.10. Sites under construction or with incomplete pages will not be approved and registration will be cancelled, so the affiliate must re-register for the program when the site is complete and live.
2.11. DESKEEP also reserves the right not to approve the affiliate's registration in the PROGRAM, if it considers that the affiliate's website discloses any material, image or content that:
(a) promote any pornographic material;
(b) promotes, incites or induces any form of violence;
(c) promotes, incites or induces the carrying of firearms and/or lethal weapons;
(d) promotes, incites or induces any form of discrimination, whether racial, sexual, social, religious, age or nationality;
(e) promotes illegal activities;
(f) violates copyright or intellectual property, such as downloading films, music, books, games, software, among others.
(g) alter, delete and/or corrupt data and information of third parties;
(h) transmit or send files containing computer viruses, with invasive, destructive content or content that causes temporary or permanent damage to equipment and other electronic media;
(i) use materials that contain any viruses, worms, malware and other computer programs that may cause harm to our platforms or their users and service providers; It is
(j) use false computer, network or email addresses.
2.12. The same affiliate will not be allowed to have more than one registration in the PROGRAM. The affiliate is aware and agrees that, if duplicate registrations are detected, DESKEEP will disable all registrations relating to that same user, or may, at its sole discretion, maintain the first registration made.
2.13. The affiliate is responsible for permanently updating their registration data in the PROGRAM, subject to changes to the registered CPF and/or CNPJ and URL, which cannot be changed under any circumstances.
2.14. The affiliate hereby declares to be aware that, for commission purposes, purchase requests whose URL visited by the buyer does not correspond to the one registered by the affiliate will not be considered, even if the Affiliate Code (AID) is detected. Associating an Affiliate Code (AID) with a URL other than the registered one will be considered program fraud and may result in termination of the contract.
2.15. After registering in the PROGRAM, the affiliate must keep their bank details up to date, as these will be used for the payment process, as per Clause 6.5 below.
2.15.1. The affiliate hereby declares that he/she is aware that his/her commissions will not be paid if the bank details provided during registration are not correctly filled in and/or are out of date by the last business day of the month in which the sale is made. This way, the commission will be accumulated for the following month's billing.
2.15.2. DESKEEP is not responsible for commission payments not made due to incomplete registration data.
3. ASSESSMENT AND PAYMENT METHOD
3.1. Payments made by DESKEEP to the affiliate with complete registration in the PROGRAM must be made as follows by deposit into a current account indicated by the affiliate or Paypal.
3.2. The PARTIES acknowledge that proof of deposits made in favor of the affiliate are valid as a receipt and proof of payment for all purposes provided for by law and in these TERMS OF USE regarding the amounts recorded therein.
3.3. On payments made, DESKEEP will deduct the direct taxes levied, as well as those that must be withheld and collected as responsible under current tax legislation.
3.4. The PARTIES agree that the amounts determined to be paid to the affiliate will only occur if the affiliate: has the sale duly verified and validated and does not fail to comply with any obligations set forth in this instrument.
3.5. DESKEEP may modify the payment method, as well as modify the terms of these TERMS OF USE, upon notification to the affiliate, in accordance with Clause 12.1 below.
3.6. In no case will DESKEEP be held responsible for the occurrence of a technical error committed by the affiliate or its representatives during the technical creation of its links and images that result in the non-functioning or malfunction of the link or, even, in the loss or absence of calculation of valid clicks.
4. USE OF IMAGES AND TESTIMONIALS
4.1. The affiliate authorizes the use of his image and his testimonials for dissemination and use of DESKEEP for commercial purposes, throughout the period in which this instrument is in force.
4.2. The affiliate is aware that said authorization to use images and testimonials forwarded to DESKEEP will not give the affiliate the right to receive any additional amount, exempting DESKEEP from any future economic liability.
4.3. The affiliate grants the use of their images and testimonials exclusively to DESKEEP, which is obliged not to authorize third parties to use them, unless previously authorized in writing by the affiliate.
5. OTHER OBLIGATIONS OF THE PARTIES
5.1 The affiliate’s obligations are:
(a) Strictly comply with all clauses and determinations agreed by these TERMS OF USE and other PROGRAM Policies;
(b) Register on the program Platform (available on the website loja.deskeep.app ), correctly informing your personal and banking details;
(c) Respect the standards established in anti-fraud and illegal content and trade policies;
(d) Respect for yourself, your representatives, agents and third parties who have access through you, all programs, brands, systems, codes and other intangible assets owned by DESKEEP and its partners;
(e) Not use or allow the use of any fraudulent or artificial means that generate sales and/or revenue for the affiliate as a result of the subject matter of these terms;
(f) Adopt the necessary measures to protect targeting links against damage, including fraud or online fraud;
(g) Not make communications that are harmful to DESKEEP, including, without limitation, action or omission that, in DESKEEP's discretion, may negatively affect its brands or those of its business partners or the reputation of its employees, agents or representatives.
5.2 DESKEEP’s obligations are:
(a) Provide the necessary tools for the affiliate to promote their products and/or services;
(b) Control, through specific programs, the number of sales that result in remuneration to the affiliate;
loja.deskeep.app website HYPERLINK "https://loja.deskeep.app/" so that the affiliate can consult their sales statements for the month of calculation and the respective amounts owed to the affiliate.
5.3. DESKEEP declares that it does not have any responsibility for the content of the affiliate's website and reserves the right, at any time, to stop displaying its advertisements and links and other forms of advertising on the affiliate's website and, consequently, to cancel the affiliation if , subjectively or not, understand that the affiliate's website a) promotes or contains illegal content or content contrary to morals and good customs, such as, without limitation, that which has any relationship or connotation with pedophilia or content of an erotic or sexual nature involving minors, which promotes violence of any kind, discrimination of any kind, illegal activities such as drug trafficking, terrorism, racism, violence, discrimination or any other form that violates or contributes to the violation of the protection of intellectual property rights, piracy software etc., or; b) adopts fraudulent behavior or behavior contrary to social good faith.
5.4. In the event of the provisions of Clause 5.3 above, DESKEEP may, at its sole discretion and at any time, terminate this Instrument with the affiliate, and consequently its affiliation with the PROGRAM, and the affiliate must remove all applications and links installed on the affiliate's website as a result of these terms, regardless of prior communication, not generating the affiliate any right to loss or damage, losses, compensation, loss of profit or any other type of compensation.
5.5. The PARTIES hereby state that, in the event that DESKEEP or its responsible parties suffer damage resulting from a judicial or administrative action in which the affiliate is responsible, the affiliate must compensate for the damage caused, as well as report the dispute, without prejudice to losses and damages and criminal liability arising from the illegal act carried out.
5.6. Any errors in the functioning of the www.deskeep.app website will be corrected during the period required for maintenance. DESKEEP is not responsible for damages resulting from the non-availability or error in the functioning of its website.
5.7. The affiliate, through these TERMS OF USE, declares to be informed and aware that, when taking part in the program, he must provide the necessary care when using widely disseminated communication channels.