This iPromogator Merchant Agreement (the “Merchant Agreement”) is between the applicable Merchant (“you” or “Merchant”), and iPromogator. If you are in agreement to this Merchant Agreement not as an individual but on behalf of your company, then
“Merchant” or “you” means your company, and you are obligating your company to this Merchant Agreement.
This Merchant Agreement does not have to be physically or electronically signed in order to be binding. You indicate your consent to the terms by clicking on the “I agree” (or similar button) that is presented to you at the time of your registration
to the services.
- NONEXCLUSIVE APPOINTMENT
Upon acceptance of this Agreement by IPROMOGATOR, Merchant is hereby given a nonexclusive right to promote his/her services/products on iPromogator Merchant Platform which can be accessed on https://merchant.ipromogator.com
This Agreement is not exclusive to Merchant and IPROMOGATOR Reserves the unrestricted right to add other merchants to sell similar services/products on the platform.
This Agreement is exclusively for iPromogator Merchant Platform which is Managed and Operated by iTarget Development, INC
2.1 Merchant is hereby authorized to use the platform to promote their services/products to end consumers using our platform and tools.
2.2 Merchant shall have no rights to Source Code to any Product and Merchant shall not have any rights to create any copy of the source code, change or modify source code or sell the source code as their own to 3rd parties.
2.3 No License is granted for any reproduction of the Product.
2.4 No License is granted to sell/promote Illegal Products including Drugs, Porn, copyrighted materials or any other such items which are termed “illegal” by the governing law.
2.5 No License is granted to sell/promote the following categories: Music, Adult, Sex related stuff, Wine, or any other category appears to be not suitable in the platform.
- PAYMENT AND PLATFORM ACCESS
All orders are subject to acceptance by IPROMOGATOR. Upon successful payment of the Fee, you will be granted access to the iPromogator Merchant Platform and Tools.
- PRICING AND TAXES
Merchants have to pay a subscription fee to use the platform. The fee is Non-refundable and Non-cancellable. Pricing is subjected to the package selected by the merchant in the billing page or when you register to our platform. The price is further
subjected to taxes as applicable by the governing law.
- PRODUCT CHANGES
IPROMOGATOR has the right to modify, alter, amend or delete portions from the Application Products at any time at its discretion. Merchant may not alter, merge, modify or adapt the Products in any way including reverse engineering, disassembling
5.1 CUSTOMIZATION The platform is available as it is and cannot be modified as per Merchant’s needs. However, we are always making changes in the platform to better suit the needs of the merchants. Any changes made by us will reflect across the
- INTELLECTUAL PROPERTY
IPROMOGATOR retains all ownership rights to all applicable copyrights, trade secrets trademarks, service marks, trade names and other intellectual property rights in the Products. Merchant shall not (i) copy, modify or reproduce a Product or
accompanying documentation in any way, (ii) reverse engineer, disassemble, or decompile a Product,
IPROMOGATOR grants Merchant a non-exclusive, royalty-free license to use the IPROMOGATOR! trademarks, service marks, and trade names for the purpose of advertising, promoting, merchandising and marketing the Products. Merchant will discontinue
all use of IPROMOGATOR! marks and names promptly upon the termination or expiration of this Agreement.
- DISCLAIMERS AND LIMITATION OF LIABILITY
7.1 To the extent permitted by law, IPROMOGATOR will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the
use of the Application.
7.2 Although we make sure that our applications work flawlessly across our systems and your clients’ system but we cannot guarantee that the application will not give any errors today or in future. You can always contact our support team to further
investigate and resolve the errors.
7.4 Nothing in this Agreement shall be construed so as to exclude or limit the liability of IPROMOGATOR or its Employees for death or personal injury as a result of the negligence of Application.
- TERM AND TERMINATION
This Agreement shall commence on the Effective Date set forth above and shall continue for Lifetime unless stated otherwise.
This Agreement may be terminated by IPROMOGATOR if Merchant does not pay amounts invoiced within 30 days when due or if Merchant didn’t follow all the rules in this agreement at any time.
You agree to indemnify and hold IPROMOGATOR and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against IPROMOGATOR arising
out of any breach by you of these Terms or other liabilities arising out of your use of this Application.
If any of these Terms should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term shall be severed and the remaining Terms shall survive and remain in full force and effect
and continue to be binding and enforceable.
- VARIATION OF TERMS
These Terms may be revised at any time IPROMOGATOR sees fit, and you are expected to review such terms on a regular basis to ensure your understanding of all terms and conditions governing use of this Application. We post a notification on the
main page of our Site, revise the updated date at the bottom of this page. By using this Application, you are acknowledging your responsibility to do so.
- GOVERNING LAW
This Agreement and Terms shall be governed by and construed in accordance with the law of Cairo, Egypt and you hereby submit to the exclusive jurisdiction of the Egypt courts.
This document was last updated on 9 August 2017