Intro

By signing up to be an affiliate in the Geeks University Affiliate Program (the “Program”) you agree to be bound by the following terms and conditions (the “Terms”). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between Aconite Ltd. a company registered in Portugal under company number PT516696696 (“Geeks University”, “we”, “us”) and You (the “Affiliate”, “you”).
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.

Account Registration & Terms:

1. You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“account”).
2. You must be 18 years of age or older to join this Program.
3. Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any user names and passwords issued (including those of any Invitees) rests with you.
4. You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).

Referral Links & Promotion:

1. Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the Geeks University website. It is your responsibility to ensure each such link is correctly formatted.
2. We may also provide graphical images that can be used within the links to promote Geeks University. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
3. You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
4. You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent. We may terminate the Agreement if any meaningful spam complaints naming us or our services result from your marketing activities.
5. You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, say you develop our Services, say you are part of Geeks University or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.

Referral Fees:

1. For the sale of a subscription to be eligible to earn a referral fee, the customer must click-through a link from your site, email, or other communications to the Geeks University website and sign up within 90 days of the initial click-through. If they fail to sign up within those 90 days and later return without following your link, you will not earn a referral fee.
2. We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
3. The referral fee is variable (from 5%) of our revenue from customers that you refer. The referral fee will be credited to your Affiliate account once the customer pays their subscription. Referral fees are only earned if a customer makes a payment in full.

Payment:

1. Accrued referral fees are paid via bank transfer roughly once per month and only when your accrued referral fees total €500 or more. The Affiliate will then raise an invoice to Aconite Ltd. for the indicated amount. You must have a valid bank account to receive referral fees, as we do not offer payment via cheque/check, credit card, cash or other method.
2. Customer payments refunded or payments charged-back due to credit card fraud do not qualify for referral fees. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
3. A summary of sign ups and statement of referral fees is available to the Affiliate by logging into their Affiliate account.
4. The referral fee structure is subject to change at our discretion.
5. We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
6. All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
7. We reserve the right to check and change commissions on the basis of orders actually paid, the notification e-mail is not understood as a confirmed commission - this is only a notification, and every payment will be verified based on real transactions.

Customer Definition:

1. Every customer who buys a service through this program is deemed to be a customer of Aconite. Accordingly, all of our rules, policies, and operating procedures concerning pricing, customer orders, customer service, and services sales will apply to those customers. We may change our policies and operating procedures at any time. Aconite is not responsible for any representations made by the Affiliate that contradict our rules, policies or operating procedures.

Pricing & Availability:

1. We will determine the prices to be charged for services sold under this Program in accordance with our own pricing policies. Services prices and availability may vary from time to time. Because price changes may affect services that you have listed on your site, you should not display services prices on your site. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular service.

Copyrighted and Trademarked material:

1. You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. Aconite will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.

Term of the Agreement and Program:

1. The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your address on our records, is considered sufficient notice to terminate this Agreement. Aconite reserves the right to end the Program at any time. Upon Program termination, Aconite will pay any legitimate outstanding earnings.

Termination:

1. Aconite, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other Aconite service, for any reason at any time. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Aconite reserves the right to refuse service to anyone for any reason at any time. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Geeks University website and all our images and other materials provided under the Program.

Relationship of Parties:

1. You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Agreement.

Indemnification:

1. You agree to indemnify, defend and hold harmless the Aconite Ltd., its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Aconite Ltd. or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
2. The Aconite Ltd. reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Aconite Ltd. in asserting any available defenses.

Class Action Waiver:

1. Purpose This Class Action Waiver policy explains the agreement between Aconite Ltd. and its customers/users regarding the resolution of disputes and the waiver of class action rights.
2. Agreement to Individual Arbitration 2.1 By using Aconite Ltd.'s products or services, customers/users agree to resolve any disputes, claims, or controversies on an individual basis through arbitration, rather than through class action lawsuits or any other collective or representative action. 2.2 This agreement to individual arbitration applies to all claims, whether they arise from contract, tort, statute, or otherwise, including but not limited to claims relating to the use of Aconite Ltd.'s products or services, terms of service, privacy policy, or any other aspect of the customer/user relationship with Aconite Ltd..
3. Waiver of Class Action Rights 3.1 Customers/users expressly waive their rights to participate in or bring class action lawsuits, class arbitrations, or any other collective or representative actions against Aconite Ltd.. 3.2 If a customer/user wishes to assert a claim against Aconite Ltd., that claim must be pursued on an individual basis through arbitration. 3.3 This waiver of class action rights means that disputes will be resolved only on an individual basis and not as part of a class, consolidated, or representative action.
4. Exceptions 4.1 Notwithstanding the above, if a court or arbitrator determines that the class action waiver is unenforceable or inapplicable to a particular claim, the customer/user agrees that the claim will not proceed as a class or collective action but will be resolved on an individual basis. 4.2 The enforceability and interpretation of this Class Action Waiver policy shall be determined by the laws and regulations of the jurisdiction in which Aconite Ltd. operates.
5. Severability 5.1 In the event that any portion of this Class Action Waiver policy is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. 5.2 The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.

Governing Law & Jurisdiction:

1. Choice of Law 1.1 This website and any disputes arising from or related to its use shall be governed by and construed in accordance with the laws of the Judicial Court of City of Lisbon. 1.2 Any conflicts of law principles that would result in the application of the laws of any other jurisdiction are hereby expressly waived.
2. Jurisdiction 2.1 Any legal action or proceeding arising out of or relating to this website shall be subject to the exclusive jurisdiction of the courts located in the Judicial Court of City of Lisbon. 2.2 Users of this website consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts. 2.3 Users agree that any claim or cause of action arising out of or related to this website must be filed within the applicable statute of limitations or within 3 months after the claim or cause of action arose, whichever is earlier.
3. Severability 3.1 In the event that any provision of this Governing Law & Jurisdiction clause is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. 3.2 The invalid or unenforceable provision shall be replaced with a valid and enforceable provision that most closely reflects the intent of the original provision.