AGREEMENT FOR RESELLERS
TO THE MARKETPLACE MEMBERSHIP AGREEMENT
This document contains the Special Terms of the THE GOLD SALES Marketplace Membership Agreement, which INTERNATIONAL TECHS, and the Reseller whose identification details are contained in the section below.
INTERNATIONAL TECHS SRL
|Company Name: International Techs S.R.L. |
US Address: 130 North Garden St # 2222
Ventura, CA 93003
Peru Address: Ave. San Borja Sur # 827 8th Fl.
San Borja, Lima, Peru
Legal Representative: Mr. Luiggi Marrufo
Reseller may access THE GOLD SALES and any other Marketplace managed by International Techs at The Reseller’s sole and exclusive discretion.
Acceptance and Conformity
By subscribing to this document, the Reseller accepts all the Particular Conditions and the General Conditions of Affiliation Agreement to THE GOLD SALES and submits to all the Terms and Conditions contained therein.
Subscribed in _______________________________________________, on _____________.
TO THE MARKETPLACE MEMBERSHIP AGREEMENT
This document contains the General Conditions to the Marketplace Membership Agreement administered by INTERNATIONAL TECHS, you hereby celebrate, and otherwise the Reseller; whose identification details are contained in the Particular Conditions. The mere subscription of the Particular Conditions automatically implies the acceptance and conformity of the Reseller to all the General Conditions.
For the purposes of this Agreement, the terms contained in this clause shall have the following meaning:
1.1. Customers:Users who choose to purchase Reseller Products through any of the Marketplaces.
1.2. General Conditions: are the terms and conditions contained in this document, which form an integral part of the Contract.
1.3. SpecialConditions: are the terms and conditions contained in the document called “Agreement for Resellers”, signed by International Techs and Reseller, which form an integral part of the Contract.
1.4. Contract: is the Marketplace Membership Agreement, which is composed of the General Conditions and Particular Conditions.
1.5. International Techs: is the Company for the purposes of this Agreement and acts in this Agreement, on its own behalf and whose identification data is at the beginning of this document.
1.6. Marketplace: is, interchangeably, the website managed by the company, which will allow the Reseller and Users to relate to each other to carry out one or more commercial transactions in digital form:
1.7. Authorized Payment Means : These are credit and debit cards that are accepted within the payment gateway: MasterCard, Visa, MasterCard, Diners and American Express issued by domestic and/or foreign banks.
1.8. Portal: This is the web domain of each Marketplace where Reseller’s products will be offered.
1.9. Product(s): All Reseller’s products and/or services will be advertised within the Marketplace.
1.10. Defective Product / Product Failure: A defective Product or Failed Product is one that has some characteristics such as: unhealthy packaging or broken, product with signs of use, missing accessories, product with characteristics other than those offered.
1.11. Reseller: It is the company and/or natural person with RUC that participates in this Agreement to offer its products and/or services through the Marketplace, whose identification data are contained in the Particular Conditions.
1.12. Terms and Conditions: are the terms and conditions contained in the General Conditions and The Particular Conditions that form an integral part of this Agreement.
1.13. Users– These are all people who access the Marketplace for product and service offerings.
Reseller declares the following: (i) has the ability to contract on behalf of such entity and to bind it in the Terms and Conditions, which perform this action through a legal representative with sufficient powers to contract and accept these Terms and Conditions; (ii) the address indicated in the register is the principal address of that entity; (iii) any other information submitted is true, accurate, up-to-date and complete.
The Marketplace is only available to people who have legal capacity to hire. People who do not have this capacity will not be able to use the Marketplace services – among these minors as provided in our Peruvian/American Legislations. The acts that minors perform on this site will be the responsibility of their parents, guardians, managers or curators, and will therefore be considered performed by them in the exercise of the legal representation with which they have.
It is mandatory to complete the login information, so the Reseller must perform it with your information accurately, accurately and truly. The registration must contain the information required for registration in it, including: (i) bank account number, (ii) copy of the last bank statement, (iii) address, (iv) copy of the ID of the legal representative, (v) copy of the RUC card, The Reseller will undertake to update such data as necessary.
Reseller shall be responsible for any and all activities carried out on its own so all acts performed in this site will be at its own risk. The company will not assume in any case responsibility for the improper use of the information by the Reseller so, the Reseller expressly accepts that it will be liable to third parties that may suffer any consequences for it.
The company will identify Resellers who do not enter the system for a period of 60 calendar days, who will be notified by email indicating their unsubscribe from the system which will cause their account to be deactivated and prevent entry to the system.
To reactivate the account, at the ReSeller’s request, the company will notify the Reseller for the reactivation of the account. It is also guaranteed that the Reseller will keep its catalogue, stock and prices and transport information up to date.
FOURTH: MODIFICATIONS TO THE GENERAL TERMS AND CONDITIONS
The company may modify the Terms and Conditions at any time by making it public on the Portal to which Reseller will have access. All modified terms will take effect ten business days after publication. Within five business days of the publication of the modifications made, the Reseller must inform the company if it does not accept them; in that case the contractual link will be dissolved and will be disabled as a Seller within the next two business days. In this case, it will be the Reseller’s responsibility to complete the purchase orders and/or orders that have been placed prior to the termination of the contract.
After the five business days referred to above, Reseller shall be deemed to accept the new Terms and Conditions and the contract will continue to bind both parties. It will be Reseller’s responsibility to revise the Terms and Conditions each time you use the website.
FIFTH: FROM THE PRODUCTS REGISTRATION AND CONTROL MECHANISM
The company makes the mechanism of registration and control of products available to the Reseller, subject to the following terms and conditions:
a) Reseller declares and agrees that this mechanism has been made available unilaterally by the company and that the use thereof may be discontinued at any time in the company’s sole discretion.
b) Reseller represents and agrees that the Company will not be liable in any way to the Reseller or its end customers for the following causes: (i) for the Reseller’s use within the vendedor mechanism,, either directly or through the users it designates for the filling of the information; (ii) inconsistencies or failure to update the information included in the mechanism by the sale of or to those you designate for such action; (iii) the certainty and accuracy of the information contained in the mechanism by the Reseller or the person who appoints for such action
c) ReSeller vendedor declares and agrees that it is solely responsible to the company and Users and Customers for the information of the Products it offers, and for the proper safeguarding of its business information outside of such tool.
d) ReSeller shall be solely responsible for maintaining the security of the password that the company grants to it to use the mechanism and may not disclose to any other person other than the use of such password.
e) The Reseller shall be solely responsible for any misuse given to his password and undertakes to notify the company as soon as he becomes aware of any improper use that has been given to it. In the event of any action that caused direct or indirect damage to the company, the Reseller must indemnify for any damages caused to him for this. In addition, the Reseller is solely responsible for keeping his information up to date and complete in the mechanism,, including updating and veracity of the documents provided as bank statement, tax receipt, proof of address, etc.
SIXTH: FROM THE PRODUCT REGISTRATION MECHANISM INFORMATION
ReSeller shall, through the registration mechanism,, upload content with respect to its Product(s). Such content shall include information necessary for further sale on the Marketplace. The content of the information shall be recorded with the following specifications:
a) Detailed description of the Product(s) in Spanish and English language.
b) Number of Products to be marketed through the Marketplace Service (SKU);
c) Information on stock and availability of the Product(s) (stock available, which may not be less than two units).
d) Shipping and dispatching of the Product(s). Reseller vendedor may not make changes to name, prices and/or other specifications in la Shipping Management when the dispatch is managed by the company’s services. Non-compliance is subject to a penalty equal to the total cost of sale..
e) The digitized image(s) of the Product(s) taken by the Reseller shall have the author’s permission to be the case and the following characteristics: 1000×1000 pixels with 75DPI, size of 200KB, background (without watermarks), minimum three image and maximum five.
f) The sale price must contain the total price of the Product(s) in local currency (Soles, S/) and dollars ($) with reference exchange rate since the system itself will make the final conversion and which must already include the following:
- – Taxes (provided for by applicable law).
- – Commissions.
- – It must be entered if the price set corresponds per unit of Product.
g) Manual applicable for each Product in Spanish and English language.
h) Weight and dimensions of product(s) in kilograms and centimeters;
i) Brand and models of the Product(s);
j) Barcode, (Upc/Ean)(if applicable)
l) Cleaning instructions, coloring patterns or the like, any precautions to be taken with the Product(s);
m) Conditions and requirements for use and handling for the enforceability of las warranties;
n) Any other information reasonably required by the company::
o) Weight and dimensions of the packaging(s) for the shipment of the Product(s);
p) Specify the term of the warranty of the product(s) by the Reseller and by the original supplier;
q) General condition of the Product (only new and original products may be sold).
The company reserves the right to modify the list described by new specifications at any time; without prejudice to the Reseller’s right to terminate this Agreement under the Fourth clause.
The company will also provide the Reseller with all the support for the correct handling of this mechanism.
SEVENTH: OF THE RESELLER
The Reseller must meet certain requirements for the company to proceed with its registration:
a) Be a legal entity or natural person who performs commercial and/or service activities.
b) Own active RUC registered under any of the tax regimes in force.
d) The Reseller will necessarily have at least one legal representative or must have sufficient powers to enable them to contract and accept the terms of this contract. In the case of being natural people with business they must also have enough capacity to hire.
EIGHTH: OF THE RESELLER’S OBLIGATIONS
Reseller agrees that in addition to the obligations set out in the various provisions of these Terms and Conditions, the Reseller must comply with the following:
a) Inform the company of any variation and update on the volume of available inventory of the Products.
b) Honor the warranty granted to the Product(s) and issue invoices for customers in accordance with applicable laws in force
c) Respond to and remedy any dispute or complaint filed by Users against the company for aforementioned issues and that subject the company to the contingency of a judgment, request, complaint, complaint or any other proceeding in which the company is affected by faults or carelessness of the Reseller.
d) Deliver the Products in perfect condition, with strict compliance with the technical conditions offered, perfectly packaged, packaged, bagged, as appropriate, in perfect condition, technical specifications of each Product and in compliance with the highest quality standards and in compliance with all the requirements applicable to its nature, including, but not limited to, phytosanitary, copyright and industrial and intellectual property, advertising, labeling, price, labelling, weight, weight, weight, tax, consumer protection (in accordance with Law No. 29571 Consumer Protection and Defense Code) and of consumer health in general and those contained in the applicable legislation and the corresponding Peruvian official rules. The same conditions must be met by the corresponding packaging.
e) In case the company requires the Reseller to change its packaging and / or packaging in order to protect its products and to reach the customer in good condition, it must make it as soon as possible to avoid contingencies.
f) The Reseller understands and accepts full compliance with the personal data protection clause.
g) In case the Reseller decides to withdraw from the market a Product included in the Marketplace, must express it in writing to the company in advance of one (01) business day for the company to proceed to carry out the update on the Portal. The above will apply, as long as there are no generated purchase orders, the same ones that must be delivered to the customer.
h) Reseller is required to avoid advertising products that it does not have in inventory to fully comply with these Terms and Conditions.
i) The Reseller must guarantee the availability of the Products (minimum stock per product is two (02) units), as well as any spare parts and maintenance that may be required. In case there is any type of claim by the customer about missing parts or no parts, the Reseller will assume full responsibility for this where he will be liable in case of direct or indirect damage to the company due to claim, complaint or complaint aroused.
j) All brands of the Products that the Reseller intends to market through the Marketplace must have the necessary permissions for sale and not infringe the rights of third parties. The company may at any time request support for the documentation attesting to this. In case, the company faces any copyright or industrial or intellectual property dispute arising from the Reseller’s publications or Products, the Reseller shall assume all responsibility for it.
k) The Reseller undertakes to adapt its action in accordance with respect and compliance with all the Policies implemented by the company, the same that are established on the company’s website.
l) The Reseller must offer exclusive offers on the Marketplace that are less than or equal to those held on other portals.
m) In case a Product needs installation the Reseller must be responsible for it.
n) Failure to clearly place with the items in subparagraph (o) will remove the product from the platform and in turn evaluate the Reseller’s permanence on the platform
o) The Reseller must clearly state their Terms and Conditions by published Product, which must have the following items:
– Product Description
– About the brand
– Return policies
– Shipping and dispatch options for Product(s)
NINE: COMMISSION COLLECTION
Reseller shall be subject to a commission for the use of the Marketplace equivalent to the percentage of the sale amount of the products sold, plus the General Sales Tax.
To this end, the company will forward 2 times a month, the respective settlement, and the Reseller will have two working days to issue its observations; if not to submit observations within that period, the company will consider the settlement as accepted and proceed with the respective billing. If subsequent observations or returns of products and/or cancellations of purchases are submitted, they will be considered in the following settlement of the same.
TENTH: OF THE COMPANY’S OBLIGATIONS
The company agrees that in addition to the obligations provided for in the various provisions of these Terms and Conditions, the company must comply with the following:
a) To offer Reseller’s Product(s) to Users through the Marketplace(s) that International Techs deems to be without restriction, except by applicable legal provision or competent authority order.
b) Inform the Reseller of promotions and sales campaigns that it launches whenever it deems it. The Reseller adheres to them, under the conditions established by the company.
c) The company will proceed to contact the Reseller in all cases it deems necessary.
d) The company will review and validate the content of all data entered after posting of the Product within each Marketplace and, if found in accordance with its policies and Terms and Conditions set forth herein, approve and activate it on the Portal. Otherwise, it will return the offer to the Reseller so that it is the best in accordance with the guidelines indicated by the company.
e) The company or will mark each Product sold within
“Product sold and shipped by [Reseller’sName].”
f) The company may evaluate the sales behavior, delivery, delivery time, product quality, product inventory, and in general any situation regarding its performance through an audit in the manner of feedback.. This action will be carried out at the sole discretion of the company and when deemed entirely satisfied, the company may grant benefits to the Reseller, which will make them known by any written means or electronic communication.
ELEVENTH: RESELLER’S RESPONSIBILITY
The following items are the responsibility of the Reseller:
a) Reseller is solely and absolutely responsible for the loading of the Products into the sales system, which means that it must be as sure and responsible for the specifications charged on the content and description thereof. Any error or lack of information in the description and content incurred by the Reseller either by action or omission, and there is a claim, complaint, return or damage to the customer, will be the responsibility of the Reseller to contact the Customer within a maximum period of 2 working days. In the event that the Reseller and the Customer do not arrive at a conciliatory agreement, the company is absolutely free to cancel the order and immediately refund the Customer in addition to compensating it in accordance with current legislation. The company will not assume any responsibility for incorrect information received and included in the Portal even if it intervenes to make corrections or improve in the description or content, so it is entire responsibility of the Reseller to constantly review everything regarding its products, orders or others and releases the company from any liability.
b) The sale price will be determined by the Reseller which is why he will be responsible compliance with the provisions of the seventh clause. In addition, it shall take into account the provisions of the applicable legislation and economic competence. If any affectation arises as a reason for the illegality of price manipulation by the Reseller, the Reseller shall be liable and must compensate the company for the events that occurred, provided that the illegal act is duly verified.
c) The parties accept and understand that the business relationship does not entail collaborating in pricing that is the sole and exclusive power of the seller. As a result, the company’s sales channel grants full competitive freedom to the seller and ensures the most attractive conditions of sale of their respective Products. For this reason, the seller must offer exclusive offers on the Marketplace that are less than or equal to other portals.
d) In the event that the company detects that the seller is in breach of the previous paragraph and the price variation is visible and/or disproportional, the company reserves the right to deactivate or shut down the Product(s) that does not comply with this feature.
e) The seller accepts that a product may be removed by the company in case of problems of originality, quality, or any claim by the customer or a third party, regarding the veracity of the information presented on the Portal. The seller will not be able to republish such product within the Portal. Failure to comply with this clause will entitle the company to execute a penalty for the amount ofthe product in question, which may be charged in the form of compensation or discount on the invoice payable to the seller.
f) The company reserves the right, in its sole discretion, to decide not to promote one or more Products on the Portal.
TWELFTH: FROM THE SALE
The Reseller may only sell Original Products.
The company will make available within the Portal, a payment gateway of the Authorized Payment Media which will allow the customer to cancel the Product or Product. It is important to note that credit or debit card payments are subject to approval by the card issuing Bank and internal validations of the payment gateways responsible for processing the transaction. In case the payment is disapproved and/or rejected, the associated purchase order will be automatically cancelled by the payment gateway.
THIRTEENTH: PROHIBITED PRODUCTS FOR SALE POLICY
The company makes available to the Reseller the list of Products whose offer, request, publication, purchase or sale are prohibited by the company due to its internal policies and / or to guarantee compliance with the current law, as the case may be. The Reseller is solely responsible for the legality and legitimacy of the articles that are published within the Portal. The company may terminate and/or unsubscribe from publication that does not comply with the policies mentioned herein. The company may, in its sole discretion, unsubscribe from publications that do not comply with its internal policies, the Terms and Conditions set forth herein or any applicable law. This may result in the disabling and deregistering of the Reseller’s account in the sales mechanism. Annex 1 contains the list of Prohibited Products for Sale through marketplaces.
FOURTEENTH: OF THE SHIPMENT
Each Reseller will specify within the Portal their Product with the conditions of shipping and dispatch as set forth in this contract. To do this, the Reseller must take into account the following specifications:
a. Direct dispatch by the Reseller:
The Reseller makes the dispatches of the orders, using his own resources and logistics, taking into account the following:
- – The Product(s) must be delivered on the promised date of delivery to the customer. In that sense.
- – The Reseller is obliged to notify between 10 a.m. and 1 p.m. the day after the product is delivered, the scanning of the delivery compliance charge signed by the Reseller and the Customer.
- – Communication between the Reseller and the customer is strictly to ensure the delivery of the order. Communication by no circumstances may result in a change in date or postponement of the promised delivery date.
- – The Reseller is responsible for delivering the Product(s) with the complete documentation: Bulletin/Invoice, at the customer’s request.
- – Selling will only ship orders that are paid for by the customer, i.e. you must not under any circumstances dispatch pending orders.
- – The customer must sign the documentation upon receipt of the Product, making it clear that he/she carried out the revision of the Product and that it is in good condition.
b. Dispatch by Carrier Companies contracted by International techs (in “Carrier Company”):
- – The shipment of products is carried out through a Carrier Company contracted by International Techs.
- – The Reseller is responsible for updating the status of their orders in the sales mechanism. It is mandatory for the Reseller to place the status of “Ready to ship” the order, prior to delivery of the product to the Carrier. If the Reseller has any impact when updating information, the company must be informed.
- – The Reseller is responsible for complying with the delivery time of the Product to the Carrier Company.
- – The Reseller must respect the conditions and hours of operation of the offices/warehouse of the Carrier Company:
- – The company may decide to switch carriers, after communication to the Reseller with the aim of improving the service provided to the customer.
- – If loss of documentation is presented, it shall not be the responsibility of the company or the Carrier Company.
- – The Carrier Company is authorized not to receive orders that do not comply with the described paragraphs.
- – The cost of shipping will be determined by the Carrier Company.
- – It is the Reseller’s obligation to include within the billing to the Customer, the freight by the dispatch.
- – The Reseller is responsible for delivering the Product(s) with the complete documentation requested by the carrier.
Causes of returns:
15.1.0 Faulty products:
15.1.1 The company will only receive those Products that comply with the Return Policies. The company will contact the Reseller within 24 business hours who becomes aware of the return request.
15.1.2 The Reseller will have a maximum period of 48 business hours to provide a documented diagnosis of the condition of the Product, after receipt of the Product.
15.1.3 The Reseller may only give the following options as a final result: (i) Approved Return; or, (ii) Return rejected.
- (i) Approved Return: The Reseller must communicate the acceptance of the return the company that will have 24 working hours, to contact the customer.
- (ii) Return rejected: The Reseller must communicate his decision to the company by attaching the respective documented report. The post-sale area will have 24 business hours to contact the customer.
15.2.0 Failed delivery to absent customer:
15.2.1 It is defined as Failed Delivery when the Reseller or the Carrier Company, as applicable, does not achieve up to two occasions to make the dispatch of the Products at the address indicated by the customer and registered with the Reseller Center.
15.2.2 Applies only for shipments made directly by the Reseller or the Carrier Company.
15.2.3 When the delivery is in the mode (Direct dispatch by the Reseller) and a case of Failed Delivery is presented, the product will return to the Reseller’s warehouse.
15.2.4 When the delivery is under the modality (Home Delivery) the product will be delivered to the Reseller by the Carrier company within 48 working hours of the failed delivery.
15.2.5 The sale of the products that are incursos in Failed Delivery, will be subject to the commission detailed in this contract.
15.3.0 Delivery Failure:
15.3.1 Delivery Failure is defined as cases where the customer does not receive theproduct(s) on the dates chosen. los producto
15.3.2 Delivery Failure cases may include:
- (i) For the responsibility of the Reseller: it is given in the following cases:
- a) Delay in delivery of the Product(s) to the Customer
- b) Failure to deliver the Product(s) to the Customer
- c) Reseller does not make the product available to the carrier on the established date
In these cases, the Reseller must cancel the purchase; and the Reseller is obliged to pay the commission set out in clause tenth.
- (ii) For the responsibility of the Carrier Company: it is given in the following cases:
- a) Delay in delivery of the Product(s) to the Customer
- b) Failure to deliver the Product(s) to the Customer
In these cases, the Reseller must cancel purchase, and the commission detailed in clause tenth will be assumed by the Carrier Company.
SIXTEENTH: OF PURCHASE CANCELLATIONS
Purchase cancellations may occur in the following cases:
a) Cancellations by the Reseller:
– If you do not have the stock to supply the purchase orders, the Reseller must cancel the purchase order(s) immediately. If a sale has been completed, the Reseller must immediately notify the company in order for the company to cancel the purchase.
– In case the Reseller sends a product of different characteristics and specifications to the one purchased by the customer, and the customer requests the cancellation of the purchase, the company will proceed with the cancellation of the purchase, and the Reseller will be obliged to pay the commission of the sale truncate, plus a penalty equivalent to 10% of the order.
b) Cancellations by the company:
– The company will cancel purchases when errors occur in the web sales system..
– These assumptions will not generate commission at the Reseller’s expense.
SEVENTEENTH: OF THE WARRANTY
a) The Reseller must send within a maximum period of seven (07) days from the subscription these Terms and Conditions, the conditions of guarantee of its products in Word format, otherwise, the products will be subject to the guarantee indicated by the company, which must be fulfilled by the Reseller.
b) Any product marketed by the Reseller must have a warranty.
c) The product warranty starts from the time the product is purchased by the customer.
d) All products must indicate the warranty period.
e) If a factory error is detected and it is not possible to repair and/or exchange the product, the Reseller will cancel the sale of the customer and issue a credit note.
f) The company will provide the Reseller’s data to Customers in Lima, so that they come to be worth their guarantee
g) The logistical costs generated for the transfer of the products to the Reseller, will be borne by the Reseller, with the exception of those cases where the technical service issues a diagnosis claiming – on a sustained way – that the failure is due to misuse by the customer. In these cases, the company will assume the expenses in the first instance, being entitled to transfer the cost to the customer.
h) After receiving the product from the Reseller, the Reseller has a period of 7 calendar days to provide a diagnosis of the status of the Product. After the deadline indicated above and without the Reseller providing an answer, the company will have the power to proceed with the customer by refunding the amount paid; and, the company will proceed to deduct the amount of the sale price of the product to the Reseller in its billing.
i) The Reseller will issue a technical report supported and signed detailing the name of the product, model, series and diagnosis, which must be sent to the company. Likewise the accessories and documentation that were received.
j) In cases where the customer misplaced the proof of purchase of the product, the Reseller is obliged to provide a copy of the valid documentation so that the customer can make use of the warranty service.
k) The Reseller has a maximum period of 30 calendar days to repair the product.
EIGHTEENTH: OF THE PENALTIES
The Reseller agrees to accept the penalties set forth in this clause. The company shall have full power to deny the use of the Web Sales Tool for any damage, problems and/or non-compliance caused by the following:
a) For non-clearance of Order:
Cancellations by the Reseller and having verified the specific case, proceed to collect the commission for the order generated. 10% of the sale.
b) By Order stock break:
In case the Reseller cancels the order(s) from the web system due to lack of stock, the commission corresponding to that order will be charged to the Reseller and will incur additional charges depending on the stage at which the order is cancelled, the additional charge may be 50%, in case the order is cancelled within 24 hours from the maximum date of dispatch, in case the order is cancelled outside this date 100% of the commission is charged as an additional charge as an additional charge
c) By product quality :
Corresponding to the quality of the product and the affectation that may arise with a Customer Service Claim and/or Administrative Complaint, it will explicitly assume the actions and pronouncements (Multas) Administrative by the National Institute of Defense of Competition and the Protection of Intellectual Property (INDECOPI), in direct relation to situations of Arbitrary Cancellation without notice to the client, Error of Price, Expenses related to the reimbursement and payment of costs and costs of the procedure, as well as acquisitions via external (hunting) and / or compensation coupons to the client.
NINETEENTH: TERM OF CONTRACT
The Parties note that these Terms and Conditions herein have an undetermined duration.
Reseller acknowledges and agrees that the information it receives about the Marketplace Service, its marketing design, the software, the Portal, information not known to the public, and any other information provided to you by the company as confidential, is confidential information owned exclusively by the company, that theRe seller must use reasonably and exclusively for the purposes contained in these terms and conditions, and may not appropriate, copy, use it outside the relationship it maintains with the company, or disclose it in any way. Such information includes, but is not limited to, financial, commercial, virtual, technical, methods, customer information – such as your personal data – or other Resellers and subcontractors, among others. Reseller will not advertise using the company’s name or trademarks. Except as expressly authorized and in writing, you will refrain from: (i) commenting, discussing, or otherwise making such confidential information known to unauthorized third parties, including, but not limited to, officials, employees or contractors of competing companies of the company.
(ii) use, exploit or market such confidential information, directly or indirectly or in any way for your own benefit or for the benefit of third parties, and (iii) disclose or disclose such confidential information to individuals, agencies, entities, for any reason or purpose, unless expressly authorized by the company and for the performance of the marketplace service object and these terms and conditions. If the Reseller does not comply with the obligation of confidentiality provided herein, directly indirectly, he will be responsible for all damages caused to the company, for that reason, so he must remove it in peace and safety. This obligation binds Reseller’s directors, employees, dependents, contractors and subsidiary and affiliated companies and will govern after termination of this Agreement.
In the event that the company is required by the competent administrative or judicial authority, in order to provide any “Confidential Information”, it shall notify the Reseller of such situation, in order that the Reseller is in a position to perform those acts that are agreed to by its right, including obtaining an appropriate protective order, precautionary measure or other appropriate remedies, in order to prevent the disclosure of the “Confidential Information”.
TWENTY FIRST: PROTECTION OF PERSONAL DATA
The parties expressly declare to know the scope of Law No. 29733, Law on the Protection of Personal Data, and its Regulations approved by Supreme Decree No. 003-2013-JUS, so they assume the responsibilities that may correspond to it arising from the current legislation on the protection of personal data.
Without prejudice to the obligations laid down in Law No. 29733 and its Regulations, the parties undertake to:
a) Use or apply personal information provided by the parties solely for the realization of the purposes set out in this Terms and Conditions.
b) Do not communicate, transfer or provide personal information provided by the parties to others, or duplicate or reproduce all or part of the information.
c) Ensure that the data are handled only by those employees whose intervention is necessary for the provision of the services of this Terms and Conditions, subject to professional secrecy and confidentiality.
d) To accept the checks and audits required by the parties for the purpose of verifying compliance with this document.
e) If, for any reason, the contractual relationship is resolved, the parties shall destroy the information or return it without retaining any copies, upon request by either party.
f) To keep the information, through security measures, legally enforceable, technical and organizational in nature that guarantee the security of the same, avoiding their alteration, loss, treatment or unauthorized access.
g) The parties are responsible for the other, for any claim, complaint, judicial process, administrative process or other initiated against any of them as a reason for the breach of any of the obligations of the parties agreed in this article. The responsible party shall bear the costs and costs associated with any amount for damages, damages, fines, or other penalties that it may receive.
h) In the event that any of the parties comply with the obligations set out in this contract using a personal database that has been collected or obtained directly by itself, the information collection party undertakes to obtain the consent of the holder of personal data for processing and transfer, in accordance with the current legislation on the Protection of Personal Data.
i) Failure to comply with any of the obligations set forth in this Article shall be grounds for the automatic termination of this Agreement.
j) It is important to indicate that, the Reseller willingly provides the company with its own data and accepts that the company can transfer it with the necessary care for the realization of the business if applicable.
TWENTY SECOND: Anti-Corruption Clause
The Reseller acknowledges that the company, based on several factors, including, but not limited to, the good name of the Reseller.
Accordingly, the Reseller declares that his resources do not come from or are intended for the exercise of any illegal activity, including, but not limited to, acts of corruption (collusion, bribery, influence-trafficking and corruption in the private sphere), money laundering or financing of terrorism; and that both the Reseller, as well as his partners, administrators, workers and/or agents acting on the Reseller’s own interest, know and comply with the applicable regulations related to the prevention of corruption in the public and private sphere, money laundering and terrorist financing.
In addition, the Reseller expressly undertakes to comply with the detailedness of this document, which the Reseller expressly declares to have read, know and accept with the sole subscription of this Agreement. Accordingly, the Reseller declares and agrees that in all its relations with the company it will comply with this Code and provide that its directors, officers and employees, as well as any other person or entity acting on its behalf, complies with the provisions therein.
During the term of this Agreement, the Reseller undertakes to comply with all applicable legal provisions set forth in the legislation on the prevention of acts of corruption in the public and private sphere, money laundering and terrorist financing, and shall take all necessary measures to ensure that its partners, administrators, workers and/or agents acting on the Reseller’s account or in the interest of such legal provisions. In addition, the Reseller undertakes to comply, and will take all necessary measures to ensure that its partners, administrators, workers and/or agents acting at the Reseller’s own interest comply with all those rules set out in internal procedures and regulations, including those relating to the prevention of corruption in the public or private sphere, money laundering and terrorist financing, carrying out all necessary and appropriate measures in order to prevent and avoid any risk, danger or non-compliance in such matters.
The Reseller undertakes to provide the company or its external auditors with the information and documentation that they may require in order to verify the Reseller’s compliance with current legislation on the prevention of corruption in the public and private sphere, money laundering and terrorist financing, committing to cooperate fully with the development of such verification.
TWENTY THIRD: APPLICABLE LAW AND DISPUTE SETTLEMENT
The Contract shall be subject to the laws of the Republic of Peru. Any dispute between the parties arising out of this Agreement shall be resolved by arbitration of law, by a sole arbitrator, which shall be resolved pursuant to the Arbitration Rules of the Arbitration Center of the Lima Chamber of Commerce or the Ventura County Courts, to which the parties unconditionally submit and declare to be aware of.
PROHIBITED PRODUCTS FOR SALE ON MARKETPLACES
– The company does not allow us to publish and/or request that we publish cellular equipment or modems reported as stolen or cloned; nor Products that have the purpose of altering, replacing, duplicating or modifying cellular equipment.
- – Weapons, ammunition and explosive material:
- – High or low caliber firearms such as sports, collectible, rechial or old (shoot or not).
- – Some firearms, accessories or elements related to the operation of the weapon: guns, slides, triggers, silencers.
- – Grenades, explosives, missiles, projectiles and gunpowder.
- – You look for firearms, as well as any kind of infrared sights or heat detection.
- – Bullets and ammunition for firearms.
- – Products or devices whose purpose is the assembly of explosives.
- – Machines for recharging and manufacturing ammunition.
- – Tools or equipment to modify weapons.
Narcotic drugs and prohibited substances:
- – Narcotic drugs, drugs, hallucinogens or any type of substance not permitted by applicable law, in any of the existing forms.
- – Cannabis oil.
- – Drugs or products that have hallucinogenic effects.
- – Utensils used to produce, modify, process, consume or promote the consumption, distribution and production of prohibited substances.
- – Stolen Property:
- – Any kind of property stolen.
- – Products owned by companies and governments.
- – Medications.
- – Over-the-counter and prescription or prescription medications.
- – Medicines, products or services that are related to performing abortions.
- – Mushrooms or teas that are credited with curing disease.
- – Hair straightening products containing formalin.
- – Graduation lenses.
- – Fireworks.
- – Financial products:
- – Loans or financial loans.
- – Legal tender money.
- – Checks or checkbooks in force.
- – Stocks, bonds, securities or any other paper quoted in the stock exchange.
- – Bank accounts and bank deposit services.
- – Credit or debit cards are in effect or not.
- – Terminals for card payments, readers and card code duplicators.
- – Coins and banknotes that apply to those in circulation.
- – Crypto currency.
- – Services, programs or mechanisms intended to eliminate a natural or legal person’s credit history.
- – ATMs, either whole, in parts or their spare parts.
- – Sale of MP Point / MP Point bluetooth.
- – Gold.
- – Card Payment Terminals (POS) (MPOS).
- – Mailing lists and personal database:
- – Mass mailing lists.
- – Personal databases, electoral rolls, card numbers, business or supplier contacts or any other type of listing containing private data.
- – Buying or selling social media followers.
- – Tools, software or services that allow the sending of unsolicited bulk messages (SPAM).
- – Likes on social media.
- – Adult Services:
- – Requests or offers of sexually themed items prohibited by law, such as: prostitution, pedophilia, bestiality, necrophilia, royal incest.
- – Pornographic or sexual content magazines, videos or photographs.
- – Graphic or obscene descriptions in the title or description.
- – Decoders and antennas:
- – Decoders, receivers, converters, equipment or antennas that allow you to see paid signals for free.
- – Chips or boards that allow you to unlock a receiver to see paid signals.
- – Dongles or components that allow you to modify or unlock receivers, such as LBN or LBNF.
- – Components that allow CardSharing to be performed..
- – Services for modifying, updating, installing or repairing products prohibited by this policy.
- – Converters or receivers for free signals. For example: band C and band KU.
- – Capture plates and video tuners.
- – Signal dividers for analog or digital TV.
- – Wire, aperture or flat antennas.
- – Analog and digital signal antennas that only capture the C and KU bands.
- – UHF and VHF antennas when they do not allow paid signals to be received.
- – Disc or parabolic antennas when they do not allow to watch pay TV signals.
- – Publications that violate Intellectual Property Rights (Indecopi):
- – Publications that violate the laws on copyright, patents, trademarks, industrial designs and appellations of origin, as established in the applicable rules according to Indecopi.
- – Historical, cultural, archaeological and paleontological heritage Objects considered part of the archaeological heritage:
- – Fossil remains such as bones, eggs, plant prints, petrified wood, amber, etc.
- – Stalactites, stalagmites or any other type of product from excavations.
- – Ethnological material, sculptures, arrowheads, tools, etc.
- – Original official documents.
- – Items that have belonged to a historical character for any country or are related to a specific historical fact.
- – Assets belonging to the Cultural Heritage of the Nation that violate current regulations.
- – Prohibited minerals and metals.
- – Replicas of fossil products.
- – Stamps
- – Replicas of articles that can be considered historical heritage.
- – Programs or services for hacking electronic devices:
- – Password recovery or email hacking services.
- – Software to invade an electronic device.
- – Keys, validators, products or services that allow to generate series numbers for games or programs.
- – Software, services, modems, cables or any other product that allows access to paid internet services for free.
- – Programs to generate payment tickets from banks.
- – Mobile spy software.
- – Books or courses that teach you how to hack.
- – Products requiring approval or authorization from state bodies:
- – Products that do not have the corresponding legal approvals and/or certifications, issued by the implementing authority.
- – Products that are denounced by the competent authority for posing risks to the health and/or integrity of consumers.
- – Products that do not have the security certificates and labels required by the implementing authority.