Operating Agreement of the EU Affiliation Program

1. Description of the Affiliate Program

The purpose of the Program is to enable you to advertise Products on your site and to earn advertising commissions for Eligible Purchases made by your end users.A “Product” is any item sold on the Ladymary.com website excluding the products listed on this page (collectively, the “Excluded Products”).The Product may also include some services, if any, expressly included in the Attachment relating to the Advertising Commissions of the Affiliate Program.In order to facilitate the promotion of the Products, we may provide you with data, images, texts, link formats, widgets, links and other promotional tools, and other information related to the Program (“Content”).The Content expressly excludes any information, image, text and other information or content relating to the Excluded Products and products offered on another site other than the Ladymary.com Website.

2. Iscrizione

To start the registration process, you must submit a complete and accurate application form.In your question you will have to indicate your site.For the purposes of this Operating Agreement, “your site” means your website or mobile application (defined below).We will evaluate your application and inform you if it has been accepted or rejected.Your question may be rejected if we believe your site is not eligible.Unsuitable sites include those that:

(a) promote or contain sexually explicit material,
(b) promote violence or contain violent material,
(c) promote or contain libelous or defamatory material,
(d) promote discrimination or resort to discriminatory practices based on race, gender, religion
, nationality, disability, sexual orientation or age;
(e) promote or engage in illegal activities;
(f) include any registered trademark of Ladymary or its affiliated companies, or a variant or mispronunciation of a registered trademark of Ladymary or its companies
Affiliates, at any point in the domain name – for example, a domain name such as “lightmary.com”, “ladymary.ch” would be deemed unfit,
(g) otherwise violate intellectual property rights.

In your application to join the Program, you must select the category listed in the Categories List that most faithfully reflects the main method that you will adopt to send the end users to the Ladymary.com Website. You will be able to select only one category. If you are not sure about the category to choose, please contact us before submitting your application. If at any time during the term of this Operating Agreement you modify your site or your participation in the Program by making sure that the category you selected at the time of registration is no longer appropriate, you should immediately update your account information here . WE CAN, AT ANY TIME AND IN SO MAN, CHANGE YOUR CATEGORY IF WE BELIEVE THAT ANOTHER CATEGORY IS MORE SUITABLE FOR YOU. If you select or decide that you are in the Price Comparison Engine category and have requested an Affiliate ID to advertise the Ladymary.com Website, you must be in possession of the Price Comparison Engine Requirements.

You can advertise more than one Ladymary Site on your site.You will receive a different Affiliate ID for each Ladymary Site for which your subscription to the Program will be accepted and you will need to use such Affiliate ID to format links exclusively for the appropriate Ladymary Website.This Operating Agreement applies to your participation in the Program exclusively for the Ladymary Site for which your registration was accepted.

If we refuse your application, you can resubmit your application at any time.However, if we accept your application and subsequently ensure that your site is not eligible, we may terminate this Operating Agreement.

You will need to ensure that the information contained in your application for membership of the Program and otherwise associated with your account, including your e-mail address and other contact information and identification of your site, is always complete, accurate and up-to-date. We may send you notifications (if any), authorizations (if any), and other communications relating to the Program and this Operating Agreement to the e-mail address that will be associated with your Program account at the moment. All notifications, authorizations and other communications sent will be sent to that e-mail address, even if the e-mail address associated with your account is no longer current.

By participating in the Program, you agree to fulfill all the services referred to in this Operating Agreement outside the United States of America. If, for any reason, you are unable to comply with this requirement, you can request to be exonerated using this link.

Mobile Applications

If you wish to include Special Links (defined below) in a software application designed and intended for use on mobile phones, tablets or other portable devices (hereafter “Mobile Application”), you must include the name of the Mobile Application and the link to your Mobile Application in your application to join the Program. The eligibility and other requirements of this Section 2 and the Mobile Applications Policy will apply to Mobile Applications. We will evaluate your application and inform you if it is accepted or rejected.

3. Link on your website

After receiving the notification that you have been admitted to the Program for a Ladymary Site, you will be able to publish the Special Links on your site. The “Special Links” are links to the Ladymary Site for which you have been admitted to the Program that you enter on your site in accordance with this Operating Agreement, which appropriately use special link formats marked with the tags we provide (including the Affiliate ID that you have received for the specific Ladymary Site), and that comply with the Linking Requirements of the Affiliate Program. The Special Links allow accurate tracking, reporting and crediting of advertising fees. Special Links published in Approved Mobile Applications may be provided by the ladymary Mobile API Affiliates (“AMA API”) or the Product Advertising API, including any Special Links posted in an integrated Web browser, and must use the Affiliate ID that we have assigned to you specifically for your Approved Mobile Applications.

You will only receive advertising fees to the extent provided in Section 7 and only with respect to the activity performed on the relevant Ladymary Website which takes place directly through the appropriate Special Links.We will not be required to pay you advertising fees in the event you fail to correctly format as a Special Link the links on your site to the Ladymary Site, including to the extent that such loss may result in a reduction in advertising fees that should otherwise be paid to youof this Operating Agreement.

4. Program Requirements

By subscribing to the Program you agree to comply with the Membership Program Participation Requirements, the PI License of the Ladymary EU Affiliate Program (“License”) and all pages, tables, policies, guidelines, specifications, user manuals and the supporting materials that will be made available to you, and the other documents and materials cited in this Operating Agreement (collectively, “Operational Documentation”).

You will need to provide us with all the information we require to verify your compliance with this Operating Agreement or with any Operating Documentation. In addition to any other right or remedy at our disposal, we may terminate this Operating Agreement for just cause if we ascertain that you or any other subjects we believe are affiliated with you or act in concert with you (in relation to any existing Affiliate account or previously disabled ):

you have not complied with the requirements or restrictions described on the page Requirements for participation in the Affiliate Program or have otherwise violated this Operating Agreement or any Operational Documentation; oabbiate violated the License; You have violated the requirements or restrictions described in the applicable agreements regulating participation in any other Affiliate Program offer provided by any of the Ladymary sites (eg, the Ladymary Affiliate Program, the Ladymary.ca Affiliate Program , the affiliation program ladymary.cn, the affiliation program ladymary.co.jp, the affiliation program ladymary.in and the affiliation program ladymary.com); You have violated the Ladymary Mobile App Distribution Agreement or the Ladymary Mobile App Distribution Program Materials License Agreement, both applicable only if you have a Developer account. Also, you hereby authorize us to:

send from time to time e-mails related to the Program, register, use, and disclose information relating to your site and visitors to your site obtained through your publication of Special Links (eg, the fact that a particular customer has click on the banner of a Special Link on your site before buying a Product on the Ladymary Website) in accordance with the terms of our privacy policy, which you can find here for the ladymary UK website, here for the ladymary FR website, here for site ladymary DE, here for the ladymary IT website and here for the ladymary ES website (each related to the relevant “Privacy Policy”); automatically and otherwise inspect your site to verify compliance with this Operating Agreement or any Operating Documentation.

5. Responsibility for Your WebSite

You will be solely responsible for your site, including its development, operation and maintenance and all the materials displayed on it or contained therein.For example, you will be responsible:

the technical operation of your site and all related equipment, the publication of Special Links and Content in accordance with this Operating Agreement, the Operating Documentation, any applicable law and any agreement between you and any other person or entity (including restrictions or the requirements to which you have been submitted by a person or body hosting your site), the creation and publication of messages and the guarantee of the accuracy, completeness and adequacy of the material published on your site (including all product descriptions) and other materials relating to the Products and any information you may have included in the Special Links or associated with them), the use of the Content, your site, and the material published or contained on your site, so that it does not constitute an infraction, violation or misappropriation of any of our rights or those of another person or entity (including copyrig rights) ht, registered trademarks, privacy, advertising or other intellectual property or property rights) of accurate and appropriate communication on your site, through publication of your privacy policy or otherwise, on how you collect, use , storage and disclosure of data collected on visitors, including, where applicable, the circumstance that third parties (including us or other advertisers) may provide content and advertising, gather information directly on visitors and enter or recognize cookies on visitors’ browsers; and any of your use of the Ladymary Content and Trademarks, whether authorized or not under this Operating Agreement. We will not be responsible for these issues and any claims by your end users regarding these matters, and agree to defend, indemnify and hold harmless to us, our affiliated companies and licensors and our and their respective employees, officers, directors and representatives, from all claims, damages, losses, liabilities, costs and expenses (including legal fees) in relation to (a) your site or any material appearing on your site, including the association of your site or those materials with other applications, content and processes; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your site or any material appearing on your site or contained therein, and all other matters reported in Section 5; (c) your use of any Content, whether or not it is authorized by this Operating Agreement, by the Operating Documentation or applicable law; (d) your violation of any term or condition of this Operating Agreement or any Operational Documentation; or (e) negligence or willful misconduct of you or your employees.

6. Order Processing

We will process orders of Products executed by customers who follow the Special Links from your site to the Ladymary Site. We reserve the right to refuse orders that do not meet the requirements of the Ladymary Website in their updated version. We will track the Eligible Purchases (as defined in Section 7) in order to report and publish the accreditation of the advertising commissions and we will provide you with reports that provide a summary of these Eligible Purchases.

7. Advertising commissions

We will pay you the advertising fees on Eligible Purchases in accordance with Section 8 and the Advertising Boards of the Affiliate Program. In compliance with the exclusions specified below, an “Eligible Purchase” occurs when (a) a customer clicks on a Special Link on your site to the relevant Ladymary Site linked to the Affiliate ID for that particular Ladymary Site; (b) during a single session the customer (i) adds a Product to his cart and confirms the order for that Product no later than 89 days from the date of his initial access by clicking on the Special Link, (ii) acquiring a Produced through our 1-Click option, or (iii) benefits from streaming or downloading a Product from the Ladymary Website if the Product is a Digital Product; and (c) the Product is sent to the customer, transmitted in streaming or downloaded and paid for by the customer.

A “Session” begins when a customer clicks on a Special Link posted on your site that reports to the Ladymary Site and ends when the first of the following circumstances occur: (x) 24 hours have passed since that click;(y) the customer places an order for a Product that is not a Digital Product;or (z) the customer follows a Special Link to the Ladymary Site which is not your Special Link.

Eligible Purchases exclude the following, and we will not pay advertising fees in this regard:

any Product that, once the applicable Session has expired, is added to the Shopping Cart of a customer, is purchased by a customer through our 1-Click function, or is sent in streaming or downloaded by a customer, even if the customer has previously followed by a Special Link from your site to the Ladymary Site, any purchase of Product that is not properly tracked or incorrectly reported as links from your site to the relevant Ladymary Site are not properly formatted, any Product purchased through a Link Special in a Mobile Application that is not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not provided by the AMA API, Product Advertising API or other linking tools we make available to you, any Product purchased through a Special Link by you or on your behalf, including products purchased through Special Links for you, friends, relatives or affiliates (Ex. personal orders, orders for own use, and orders placed by you for or on behalf of any other person or entity), any Product purchased for resale or commercial use of any kind, any Product purchased after termination of this Operating Agreement; Product order in which a cancellation, return or refund has been initiated; equalsias Product purchased from a customer sent to a Ladymary Site through one of the following: a. a Prohibited Search Placement; ob. a link to the Ladymary Site, including a Redirect Link, generated or displayed on a Search Engine in response to a search query on the Internet or keyword (ie natural, free, organic or non-paid search results), both that this link appears as a result of your sending data to that site, which in another way. For “Prohibited Search Positioning” means an advertisement that you bought through the purchase of keywords, search terms or other identifiers (including Proprietary Terms) or otherwise participating in keyword auctions. “Owner Term” means keywords, search terms or other identifiers that include the word “ladymary”, “endless”, “Kindle”, “ladymary Prime”, “Prime Music”, “ladymary Instant Video” or any other trademark of ladymary or its affiliated companies (see the non-exhaustive list of our brands), or variations or spelling errors of any of these words “Redirect Link” means a link that refers users directly to a Ladymary Site through an intermediary website or web page and without requiring the user to click on a link or take any other acceptance measures on that website or intermediate web page. “Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service or referencing system, or any site that participates in any of their respective networks.

8. Payment of Advertising Commissions

We undertake to pay you monthly advertising commissions for the Eligible Purchases sent, sent in streaming or downloaded (depending on the applicable case) in a given month, subject to any deductions or deductions described below. Advertising fees will be paid in Sterling for Eligible Purchases on the Ladymary UK Website and in Euro for Eligible Purchases on the Ladymary DE Website, Ladymary FR Website, Ladymary IT Site or Ladymary ES Website. You will receive separate payments for each Ladymary Site you advertise. For example, if you advertise both the Ladymary UK Website and the Ladymary FR Website, you will receive a payment for advertising fees related to Eligible Purchases on the Ladymary UK Website and a separate payment for advertising fees related to Eligible Purchases on the Ladymary FR Website. You will receive the payment at approximately 60 days from the last calendar day of the month using the payment method chosen by you from the following available options. Until one of the payment methods listed below is selected, we will not be able to make the payment and will retain any accrued fees that have not yet been paid until you have done so.

(a) Payment by bank transfer. If you select the payment by bank transfer, we will pay your advertising fees directly to the bank account you have chosen, but we will be able to accumulate and retain the advertising fees until the total amount due for the Eligible Purchases on the Ladymary UK Website reaches at least £ 25, or € 25 for Eligible Purchases on each of the Ladymary DE websites, Ladymary FR site, Ladymary IT site or Ladymary ES website. If you choose this method of payment, you must provide us with the name of your bank, the IBAN, the BIC and the name of the primary account holder as it appears on the account. This payment method is only available for bank accounts in some countries
(b) Payment by Check. If you select payment by check, we will send you a check corresponding to the amount of your advertising fees, but we can accumulate and retain the advertising fees until the total amount due for the Eligible Purchases made on the Ladymary UK Website does not reach at least £ 50, or € 50 for Eligible Purchases on each of the Ladymary DE Websites, Ladymary FR Site, Ladymary IT Site or Ladymary ES Site
(c) Ladymary Gift Card Payment. If you choose to pay with a Ladymary Gift Certificate, we will send you a gift certificate corresponding to the amount of your advertising fees, which can be used on the Ladymary Website from which you generated the applicable advertising fees, but we can accumulate and retain advertising fees until the total amount due for Eligible Purchases made on the Ladymary UK Website does not reach at least £ 25 or € 25 for Eligible Purchases on each of the Ladymary DE Sites, Ladymary FR Site, Ladymary IT Site or Ladymary ES Site. All Ladymary Gift Certificates are subject to our current standard terms and conditions for gift certificates. If there has not been a significant activity on your account for at least 3 years, then we will have the right, by written notice of seven (7) days, to close your inactive account and terminate this Operating Agreement. We may deduct or withhold any tax that we may be legally obligated to deduct or withhold from any amount due to you under this Operating Agreement. Payments made in your favor, net of such deductions or withholdings, will constitute the full payment and balance in your favor of the amounts due under this Operating Agreement. From time to time, we may request tax information. If we request information of a fiscal nature and you do not provide it, we may (in addition to availing you of any other rights or remedies available to us) withhold your advertising fees as long as you do not provide us with such information, or otherwise until you prove to us that you are a subject from whom we are required to obtain tax information. Furthermore, if you have settled in Luxembourg you may be legally obliged to charge us the Value Added Tax (VAT). If you provide us with an invoice that meets the requirements of a valid VAT invoice and declares the correct and applicable VAT separately, ladymary will pay the applicable VAT.

9. Policies and Prices

Customers who purchase products through this Program are considered to be our customers for all activities they undertake in connection with the Ladymary Website. Therefore, as between you and us, all prices, terms of sale, rules, policies and operating procedures concerning customer orders, customer service and sales of products set forth on the Ladymary Website apply to such customers and they are from time to time subject to changes on our part.

10. Identify as an Affiliate

You agree not to issue press releases or any other communication to the public in connection with this Operating Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including expressly stating or implying that we support, sponsor, support or contribute to beneficial institutions or any other cause), or explicitly state or insinuate the existence of any relationship or affiliation between us and you or any other person or entity, except where expressly permitted under this Operating Agreement. However, you must explicitly state the following on your website: “[Enter your name] participates in the Ladymary EU Affiliate Program, an affiliation program that allows sites to perceive an advertising fee by advertising and providing links to the site [insert the name of the applicable site (ladymary.co.uk/ladymary.de/ladymary.fr/ladymary.it/ladymary.es)].”
11. Not used
12. Not used
13. Compliance with the law

In connection with your participation in the Program, you are required to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, guidelines, codes of conduct and other requirements established by (a) any government agency in whose jurisdiction you are subject or (b) any applicable regulatory or self-regulatory body, including the regulation governing electronic marketing (eg, the regulations implementing Directive 2002/58 / EC – Directive on privacy and electronic communications ), regulations on the processing of personal data and privacy and applicable regulations on advertising, marketing and commercial communications.

14. Duration and resolution

This Operating Agreement is effective as of the acceptance of your request to participate in the Program and terminates upon resolution by you or us. Both We and You may terminate this Agreement at any time, with or without reason, by notifying the other party of the termination with at least 7 days’ notice.

We may also terminate this Operating Agreement with immediate effect and at any time by notifying you in writing of the Cause. “Cause” means any of the following: (a) You are in violation of this Operating Agreement or in slight violation of this Operating Agreement but do not remedy the violation within 7 days; (b) we believe we may incur any claims for compensation or liability in connection with your participation in the Program; (c) we believe that our trademark and reputation may be compromised by you or in connection with your participation in the Program; (d) we believe we are or may be subject to tax collection in connection with this Operating Agreement or the activities of any of the counterparties to this Operating Agreement; or (e) we have previously terminated this Operating Agreement in relation to you or other parties we have identified as affiliated with you or agents in concert with you for any reason or (f) we have terminated the Program as generally made available to participants. For the avoidance of doubt and without limitation for the purposes of the previous subsection (a), any violation of Sections 3, 4, 5, 10 or 13 or Section 1 of the License will be considered as a serious violation of this Operating Agreement.

In the event of termination of this Operating Agreement, (a) we may withhold accrued and unpaid advertising fees for a reasonable period of time following termination to ensure that the correct amount is paid (eg to take account of any cancellation or restitution) and (b) all licenses whose benefits, which relate to the Contents will cease automatically and you must immediately stop using the Contents and Trademarks of ladymary and immediately remove from the site and cancel or otherwise destroy all links to the Ladymary Website , all Ladymary trademarks, all other Contents, and any other material provided or made available by or on our behalf, under this Operating Agreement or otherwise in connection with the Program. Furthermore, upon termination of this Operating Agreement for just cause, ladymary may permanently retain the accrued and unpaid advertising fees that remain due under this Operating Agreement at the time of termination without prior notification and without prejudice to any right of ladymary to recover damages exceeding this amount. In the event of termination of this Operating Agreement, all the licenses, rights and obligations of the parties will be extinguished, with the exception of the rights and obligations of the parties pursuant to Sections 5, 9, 10, 13, 14, 16, 17, 18, 19, and 20 and of Sections 1 (third paragraph) and 3 of the License, which will remain in force even after the termination of this Operating Agreement. Subject to the provisions of this Section 14, termination of this Operating Agreement will not affect the rights accrued, the means of protection, the obligations or the responsibilities of the parties existing in the resolution.

15. Update

We may change any of the terms and conditions contained in this Operating Agreement at any time and from time to time, at our sole discretion, at least 7 days prior to the effective date of the change, publication of a notice of variation or review of the Ladymary Site Agreement or by sending a notice to the email address associated at that time with your Program account. Changes may include, for example, changes to the Affiliate Program’s Advertising Commissions Tariff, payment procedures, and Program requirements. You can, during this period of 7 days, exercising your only right of withdrawal, notify us in writing your objections to the changes and, in this case, your account will terminate automatically on the date of entry into force of the changes to which you have opposed. IF ANY CHANGE IS UNACCEPTABLE FOR YOU, YOUR ONLY RIGHT OF WITHDRAWING IS TO CANCEL THIS OPERATIONAL AGREEMENT. THE PROSECUTION OF YOUR PARTICIPATION IN THE PROGRAM AFTER THE EFFECTIVE DATE OF THE AMENDMENT, CONSTITUTES A BINDING ACCEPTANCE OF THE AMENDMENT.

16. Relations between the Parties

You and we are independent contractors, and nothing contained in this Operating Agreement or any Operating Documentation will create any partnership, joint venture, agency, franchise, business representation, or employment relationship between you and us or our respective companies affiliates. You are not authorized to make or accept offers or representations on our behalf or from our affiliated companies. You undertake not to make any statement, on your site or elsewhere, which contradicts or may contradict the contents of this section. If you authorize, assist, encourage or facilitate another person or entity to take action relating to the subject matter of this Operating Agreement, it will be considered as if you yourself have taken such action.

17. Limitation of liability

WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF INCOME, PROFITS, STARTING OR EXERCISE, OR DATA) IN RELATION TO THIS OPERATING AGREEMENT, THE PROGRAM, THE OPERATIONAL DOCUMENTATION, THE WEBSITE ladymary, OR THE SERVICES OFFERS (DEFINED BELOW), EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, OUR TOTAL RESPONSIBILITY ARISING FROM THIS OPERATING AGREEMENT, FROM THE PROGRAM, FROM THE SITE, AND FROM OFFERS OF SERVICES WILL NOT EXCEED THE TOTAL ADVERTISING COMMITTEES PAYED OR EXEMPTED PURSUANT TO THIS OPERATING AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PREVIOUS THE DATE IN WHICH IT IS THE FACT THAT HAS DETERMINED THE MOST RECENT LIABILITY DEAL. NO CONTENT OF THIS OPERATING AGREEMENT (INCLUDING THE PREVIOUS PARAGRAPH) WILL HAVE THE EFFECT OF EXCLUDING: (I) LIABILITY FOR PERSONAL INJURY OR DEATH FROM THE NEGLIGENCE OF ONE OF THE TWO PARTS , OF ITS EMPLOYEES, AGENTS, OR SUBMISSIONS, (II) THE CONTRACTUAL RESPONSIBILITY OF ANY OF THE TWO PARTS FOR SERIOUSNESS OR INTENTIONALLY DEFAULT, OR (III) ANY LIABILITY WHICH MAY NOT BE EXCLUDED OR LIMITED IN ACCORDANCE WITH THE LAW IN FORCE.

18. Disclaimers

THE PROGRAM, THE SITE ladymary, ANY PRODUCT OR SERVICE OFFERED ON THE WEBSITE, ANY SPECIAL LINK, LINK FORMATS, OPERATIVE DOCUMENTATION, CONTENT, DOMAIN NAMES ladymary, OUR BRANDS AND BRANDS OF OUR AFFILIATES, NAMES OF DOMAIN AND TRADEMARKS (INCLUDING THE TRADEMARKS), AND ANY TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA, IMAGES, TEXTS AND OTHER INFORMATION AND THE CONTENT PROVIDED OR USED BY O FOR OUR ACCOUNT OR OF OUR AFFILIATES OR LICENSORS IN PROGRAM REPORT (COLLECTIVELY DESIGNATED “SERVICE OFFERS”) ARE PROVIDED “AS IS”. NEITHER NO OR NONE OF OUR AFFILIATED COMPANIES OR LICENSORS RELEASE ANY STATEMENT OR WE ASSUME ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, LEGAL OR ANY OTHER NATURE WITH REGARD TO SERVICES. EXCEPTIONS FOR CASES PROVIDED BY THE LAW IN FORCE, OUR AND OUR AFFILIATES AND LICENSORS DEALS ANY WARRANTY WITH RESPECT TO SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF RIGHTS OF THIRD PARTIES, AND USE WITHOUT PROBLEMS, AND ANY WARRANTY ARISING FROM ANY OPERATION, PERFORMANCE OR COMMERCIAL CONSEQUENCE. WE HAVE THE FACULTY TO INTERRUPT ANY OFFER OF THE SERVICE, OR TO VARY THE NATURE, THE CHARACTERISTICS, THE FUNCTIONS, THE SCOPE OR THE FUNCTIONING OF ANY OFFER OF THE SERVICE, AT ANY TIME AND IN TIME. NEITHER NO OUR OWN AFFILIATED COMPANIES OR LICENSORS GUARANTEE THAT THE OFFERS OF THE SERVICES WILL CONTINUE TO BE SUPPLIED, WILL WORK AS DESCRIBED, COHERENTLY OR IN ANY PARTICULAR WAY, OR THAT THERE WILL BE NO INTERRUPTIONS, THAT WILL BE ACCURATE, ERROR-FREE, OR WITHOUT COMPONENTS DANGEROUS. NEITHER NO OUR OUR AFFILIATES OR LICENSORS SHALL BE RESPONSIBLE FOR (A) ANY ERRORS, IMPRECISION, OR INTERRUPTION OF THE SERVICE, INCLUDING CURRENT INTERRUPTIONS OR SYSTEM ERRORS; OR (B) ANY UNAUTHORIZED ACCESS OR ALTERATION, CANCELLATION, DISTRIBUTION, DAMAGE, OR LOSS OF YOUR SITE OR ANY DATA, IMAGE, TEXT, OR OTHER INFORMATION OR CONTENT. NO INFORMATION OR ADVICE THAT YOU OBTAIN FROM US OR ANY OTHER PERSON OR ENTITY OR THROUGH THE PROGRAM, CONTENT, OPERATIONAL DOCUMENTATION, THE SITE ladymary, OR THE PROGRAM PAGES FOR THE AFFILIATES OF THE SITE ladymary WILL CONSTITUTE A WARRANTY THAT IS NOT DECLARED EXPRESSLY IN THIS OPERATIONAL AGREEMENT. IN ADDITION, NEITHER OR NONE OF OUR AFFILIATED COMPANIES OR LICENSORS WILL BE RESPONSIBLE FOR ANY REIMBURSEMENT, COMPENSATION, OR DAMAGES ARISING FROM (X) ANY LOSS OF PROFIT OR INTROITOUS, EXPECTED SALES, STARTING COSTS, OR OTHER BENEFITS, (Y) FROM ANY INVESTMENT, EXPENDITURE OR OBLIGATION BY YOU IN RELATION TO THIS OPERATING AGREEMENT OR FROM PARTICIPATION IN THE PROGRAM OR (Z) FROM ANY RESOLUTION OF THIS OPERATING AGREEMENT OR FROM YOUR PARTICIPATION IN THE PROGRAM.

19. Contentious

The laws of the Grand Duchy of Luxembourg, without considering the principles of conflict between laws, govern the present Operating Agreement and any controversy of any kind that may arise between you and us. We hereby irrevocably accept the non-exclusive jurisdiction of the courts of the judicial district of the city of Luxembourg. Unless otherwise stated in this Operating Agreement, we may require injunctive or other remedies in any state, federal, or national court having jurisdiction over any actual or alleged infringement of intellectual property or our property rights or any other person or entity . You agree and agree that our rights to the Content are of a special, unique, extraordinary nature, conferring special value on them, the loss of which can not be easily estimated or adequately reimbursed in the context of monetary damages.

20. Various

You acknowledge and agree that we and our affiliated companies may at any time (directly or indirectly) solicit customer reports, under conditions that may differ from those contained in this Operating Agreement or manage sites that are similar or in competition with your site . You may not assign this Operating Agreement to others, as a result of the law or otherwise, without our prior express written permission. We may transfer it to one of our affiliated companies or another entity that undertakes to comply with our terms and obligations herein. Without prejudice to this restriction, this Operating Agreement will be binding, will benefit, and will constitute an enforceable title against the parties and their successors and those having due cause.

You acknowledge that you have read and accept the terms of our Privacy Policy, which may be found here for the Ladymary UK website, here for the ladymary FR website, here for the ladymary DE website, here for the ladymary IT website and here for the ladymary ES website. If you have not otherwise advised us according to the procedures described in our Privacy Policy, you hereby authorize us to process any personal data we obtain in relation to this Operating Agreement and the Program in compliance with the current data protection legislation and agreement with our Privacy Policy. The information provided in connection with the Program is used exclusively by us and our affiliated companies. However, they may be passed on to our suppliers or suppliers of our affiliated companies and to service providers for direct requirements and those related to the performance of this Operating Agreement.

Our inability to enforce your strict compliance with any provision of this Operating Agreement or Operational Documentation does not constitute a waiver of our right to enforce such provision or any other provision of this Operating Agreement thereafter. In the event of any inconsistency between this Operating Agreement and the Operational Documentation, the Excluded Products page and the EU Affiliate Program Trademark Guidelines will prevail over this Operating Agreement and this Operating Agreement will prevail over any other Operational Documentation. If you are registered to use the Product Advertising API and in the event of any inconsistency between this Operating Agreement and the License, this Operating Agreement will prevail, provided that the License prevails over your use of the Product Advertising API, the data entry , and of the advertising contents of the product (each as defined in the License). Whenever used in this Operating Agreement, the terms “includes (include)”, “including (i)”, “e.g.” and “for example” means, respectively, “includes (include), without limitation”, “including (i), without limitation”, “for example, without limitation”, and “for example, without limitation”. Any decision or update by us, any action that may be undertaken by us, and any approval that may be given by us under this Operating Agreement, may be undertaken, taken or given in our sole discretion. All information Non-public information provided by us in connection with the Operating Agreement is considered confidential information, and you will keep it strictly confidential and will not disclose it to third parties (apart from your affiliates) nor will you use it for purposes other than your performance under the Operating Agreement , whose restriction will be in addition to the terms of any confidentiality agreement or non-disclosure agreement between the parties. This Operational Agreement is drafted in the English language. Any translation of this Operating Agreement is provided for practical purposes only and the English text will always prevail over any translation.Appendix 1: For participants in the Site Affiliate Program ladymary DE – Commercial placement of electronic advertising Due to current price controls on books, only commercial entities can register for the Program to advertise the Ladymary DE website. As an example, you are considered a “commercial entity” if:

Your company has the status of a commercial association or commercial partnership, You have registered a business, You have a server of your own, you are a member, you are a holder, or you are authorized to use your own domain name for your website. You can not ask to participate in the Program to advertise the Ladymary DE Website unless you are a commercial entity. By requesting the Program to advertise the Website ladymary DE declare and warrant that you are a commercial entity. We may terminate the Program account if we have reason to believe that you are not a commercial entity. If you want to confirm that you are a commercial entity, you can fax us a copy of your commercial registration or commercial license to the following number. If you select this option, be sure to legibly write your Affiliate ID in the fax.

Please use this number only to fax your business license.Other requests for information or communications to the above numbers will not be taken into consideration.Therefore, please always send any other correspondence via the link contact us.

Information on commercial registration

The following administrative offices are competent to register a business, depending on where your business is located.

District Office District Administration Local Council Refer to local administrations to find the appropriate office. With a new commercial activity registration, you can use the following terms to declare your “business purpose”:

“Commercial Transactions”
“Internet Business Transactions”
“Commercial Agency” Or similar conditions, after consultation with the competent office.
Appendix 2: For participants of the Site Affiliate Program ladymary FR:

By registering with the Program to advertise the Ladymary FR Website, you declare and warrant that you are aware of all the obligations relating to employment laws in France, and that you are (a) in compliance with the laws and regulations in force , and (b) in compliance with the payments of the corresponding salary contributions. Furthermore, you confirm that you are obliged to carry out a certain number of formalities and declarations in accordance with Article L. 8222-1 of the French Labor Code. If the amounts resulting from this Operating Agreement are at least equal to EUR 3,000 as a whole pursuant to this Operating Agreement (a “Valued Affiliate”), you are required to provide us with the documents listed below, or as specified in Section D-8222-5 of the French Labor Code (as may be amended from time to time), at the time of subscription to this Operating Agreement or when the aggregate amounts due under this Operating Agreement are equal to or above 3,000 euros and every six (6) months thereafter until terminated. The requested documents must be sent to this email address: info@ladymary.com. In case of failure to present the required documents within the deadlines, we are not authorized to pay you any advertising fees and / or have the right to terminate your Program account .1. If you are an Affiliate Valid, we ask you to provide us with the following documents: (a) an affidavit of the social security institution responsible for the collection of salary contributions from you confirming the filing of social statements and payment of the related contributions, which has no more than six (6) months; and (b) an affidavit by you certifying that you filed with the French tax administration, on the date of the sworn deposition mentioned in paragraph 1a above, of all mandatory tax declarations, (c) your affidavit stating that Foreign employees are employed by you who do not hold an appropriate work permit for France; and (d) your sworn statement indicating whether or not you will receive foreign employees for the execution of the Operating Agreement. In case of a positive indication, in accordance with article D8254-2 of the Labor Code, you will have to provide the list of employees subject to the work permit provided for in article L. 5221-2 of the French Labor Code, bearing the name, the date of employment, nationality, type and reference number of the work permit.2. If you are a Valued Affiliate but (i) you are not bound to register with the trade and company register (“registre du commerce et des sociétés”) or in the professional register (“registre des métiers”); and (ii) you are unable to provide the documents indicated in paragraph 3a or 3b below, you must provide us with a receipt stating the filing of your declaration with a center for processing business practices (“center de formalités des entreprises”) .3. If you are a Valued Affiliate and (i) your registration with the trade and company register (“registre du commerce et des sociétés”) or in the professional register (“registre des métiers”) is mandatory; or (ii) if your profession is regulated (“profession réglementée”), you must provide us with at least one of the following documents concerning you: (a) An extract from the register of commerce and companies (“registre du commerce et des sociétés “) (” Extrait K “or” K bis “); (b) An identification card attesting registration at a center for processing business practices (” center de formalités des entreprises “); (c) A quote, advertising document or business letter in which they appear: the name or company name, full address and registration number at the register of commerce and companies or at the center for processing business practices or the list or “framework” of a professional “order” (“order”), or the reference to the approval (“agreement”) issued by the competent authority; or (d) A receipt for filing the declaration with a center for processing business practices (“center de formalités des entreprises”) if your registration is pending.4. If you are a Valued Affiliate and you avail yourself of employees, you are obliged to provide us with a sworn statement from you certifying that the work will be carried out with employees subject to an appropriate employment contract or otherwise as specified in Sections L. 1221- 10, L. 3243-2 and R. 3243-1 of the Labor Code.

0