09 — 12 March 2025
Barceló Sevilla Renacimiento
Seville, Spain
Menu
09 — 12 March 2025
Barceló Sevilla Renacimiento
Seville, Spain
A. N. Trinty LTD is committed to respecting and protecting the privacy of personal information of identifiable individuals. This Privacy Policy explains how A. N. Trinty LTD and affiliated companies (“A. N. Trinty”, “we”, “us” or “our”) collect, use, protect, and disclose personal information of individuals who visit the website at: http://www.trinity.mx/ (the “Site”) and use the services available or offered thereon (the “Services”).
What information do we collect?
We collect information when you decide to fill in the contact form on our Site, requiring you to provide certain personal information. In this case, the personally identifiable information may include, but is not limited to: your name, company name, address, telephone number, email address, and certain other information about you that may be asked by us to provide the Services or disclosed by you during your use of the Services. While using our Service, we may collect certain personally identifiable information that can be used to contact or identify you which also includes: IP Address, Cookies, and Usage Data. This personal information is necessary to communicate with you about the Services, and for other purposes set out in this Privacy Policy. You voluntarily consent to the collection, use, and disclosure of such personal information by providing personal information to us and by continuing to use the Services. Without limiting the aforesaid, if appropriate, you may be asked to provide your consent when we collect, use, or disclose your personal information in particular circumstances. Occasionally, your consent will be implicit through your conduct with us when the purpose of the collection, use, or disclosure is clear and voluntarily provided by you.
How do we use your information?
A. N. Trinty uses the collected data for the following purposes:
We may periodically communicate with you via the email address you provide regarding transactions, orders, our products, services, updates, news, events, etc. We may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt-out of receiving future emails or communicate with us and tell us not to communicate this information to you. We will process your request within a reasonable time after receipt. Note: that you will continue to receive transaction-related emails regarding Services you have requested, including information specific to your account, planned Services suspensions and outages, and updates to our Terms or this Policy. We will attempt to minimize this type of communication to you.
How do we protect your information?
The protection of your personal information is important to us. We maintain appropriate safeguards and current security standards to protect your personal information from unauthorized access, disclosure, or misuse, such as using Secure Socket Layer (SSL) encryption for all supplied sensitive/credit information. However, no system can be completely secure, and we cannot ensure or warrant the security of any information you provide to us. Please keep your account password secure to help ensure the safety of your personal information. While we take meaningful steps to secure your information, we do not promise, and you should not expect, that your personal information will always remain secure. We do not accept liability for unintentional disclosure.
Do we disclose any information to outside parties?
We do not share, distribute, sell, trade, rent, or otherwise transfer to outside parties your personally identifiable information without first receiving your permission or as permitted in this Privacy Policy. We will only share your information with third parties in accordance with your instructions or as necessary to provide you with a specific service or to trusted third parties who assist us in operating our Site, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.
Under certain circumstances, A. N. Trinty may be required to disclose your personal information if required to do so by law, or in response to valid requests by public authorities (e.g. a court or a government agency).
Do we use cookies?
We may use cookies and log files to track user information. Cookies are small amounts of data that are transferred to your web browser by a web server and are stored on your computer’s hard drive. We use cookies to track which page variant a visitor has seen, to track if a visitor has clicked on a page variant, to monitor traffic patterns, and to assess the popularity of service options. We will use this information to deliver relevant content and services to you. This also allows us to make sure that visitors see the landing page they expect to see if they return to the same web URL and it allows us to tell you how many people click on your landing pages.
If you do not wish to accept cookies, you can disable them by adjusting the settings on your browser. We may also use banners and pop-ups from time to time to give you options around cookies use. Note: that certain cookies are necessary to enable the website to operate, and refusing or disabling some or all cookies may limit your ability to make use of the website.
Aggregated Data
From time to time, we may use your personal information to generate Aggregated Data for internal use and for sharing with others on a selective basis. “Aggregated Data” means records which have been stripped of information potentially identifying customers, landing pages, or end-users, and which have been manipulated or combined to provide generalized, anonymous information. Note: that any such aggregated data will not include any personal information and we will never make it available to third parties to use for their own purposes.
Third-party links
Our Site may contain links to other sites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
Age of Consent
We do not knowingly collect, maintain, or use personal information from individuals under the age of consent (18 years of age). If you have reason to believe that anyone under the age of consent has provided us with personal information, you may contact us immediately. If we become aware that we have collected any personal information from individuals under the age of consent, we will promptly take steps to remove and permanently delete such information.
What data protection rights you have under General Data Protection Regulation (GDPR)?
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. A. N. Trinty aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal information.
If you wish to be informed about what personal information we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
We will process your requests to us within 30 days. We will also notify a relevant supervisory authority within 72 hours of a breach related to your personal information that we hold.
We have assigned a Data Protection Officer (DPO) who may be reached via support@A. N. Trinty.com. Our DPO is tasked with ensuring that we acknowledge and abide by our data protection responsibilities.
We will not store personal information for more than 6 months from the date of termination of an agreement between A. N. Trinty and you.
Your California Privacy Rights
If you are a California resident, you may exercise the following rights regarding your personal information, subject to certain exceptions and limitations:
Please note, we do not sell your personal data.
If you would like to exercise any of these rights, please contact us by support@A. N. Trinty.com.
Your Virginia, Colorado, and Connecticut Privacy Rights
If you are a resident of the State of Virginia, Colorado, or Connecticut, subject to certain exceptions, you have certain data protection rights as defined by the Virginia Consumer Data Protection Act (“VCDPA”), Colorado Privacy Act (“CPA”), or The Connecticut Data Privacy Act (“CTDPA”) respectively. A. N. Trinty aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your personal information.
Upon request, you may realize your following rights:
As A. N. Trinty does not conduct this type of “sale” and profiling, we do not offer such kinds of opt-outs to Virginia, Colorado, and Connecticut residents.
Change of Ownership or Business Transition
In the event of a change of ownership or other business transition, such as a merger, acquisition, or sale of our assets, your information may be transferred in accordance with applicable privacy laws.
Transfer to the U.S. or Other Countries
In the course of business, we may transfer personal information to our related entities. We also may transmit your data to our (sub)contracted service providers, both in and out of the EU. Where we transfer personal information of users to our related entities or service providers in countries which have not been deemed to have an adequate level of protection under an adequacy decision of the EU Commission, we have put in place specific contracts containing the EU Commission’s standard contractual clauses to ensure that your personal information is treated by all parties in a way that is consistent with and which respects laws on data protection, in particular the GDPR.
Changes to The Policy
This Policy may be updated by us from time to time. Amendments to this Privacy Policy will be posted to the Site and/or Services and will be effective when posted. Your continued use of the Services following the posting of any amendment to the Privacy Policy shall constitute your acceptance of such amendment.
Terms of Service
Please also visit our Terms of Use which state the terms, disclaimers, and limitations of liability governing your use of the Site and Services.
Your Consent
By using our Site, you consent to our Privacy Policy.
Contact Us
If you have any questions or suggestions regarding our Privacy Policy, please contact us at [email protected].
Alternatively, you may contact us at the address below:
A. N. Trinty LTD
Telepeniou 17, Office No. 401
CY 8010,
Paphos, Cyprus
THIS VERSION OF PRIVATE POLICY IS EFFECTIVE
Date last updated: 1 July, 2024
Acceptance of the Terms of Use
These Terms of Use are made by and between A. N. Trinity LTD (“A. N. Trinity”, “Company”, “we” or “us”) and you or the entity you are authorized to represent («you»,»your» or “user”). The following Terms of Use, together with any documents to which these Terms of Use are referred to (“Terms of Use”) govern your access to and use of http://www.trinity.mx/ (the “Website”) or certain services available or offered thereon (the “Services”).
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. BY ACCESSING OR USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY, INCORPORATED HEREIN BY REFERENCE (“PRIVACY POLICY”). THE WEBSITE IS AVAILABLE FOR YOUR USE ONLY ON THE CONDITION THAT YOU AGREE TO THE TERMS OF USE SET FORTH BELOW. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE.
Who May Use the Website?
This Website is offered and available to users who are 18 years of age or older. The Website is not intended for users under 18 years of age. By using this Website, you represent and warrant that you (i) are 18 years of age or older, (ii) are not barred to use the Website under any applicable law, and (iii) are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.
Changes to the Terms of Use
These Terms of Use may be updated by us from time to time. All amendments will be posted to the Website and will be effective when posted without any notice to you. Your continued use of the Website or Services following the posting of any amendment to the Terms of Use shall constitute your acceptance of such amendment, as they are binding on you. It is your responsibility to review the Website from time to time and to familiarize yourself with any modifications.
Accessing the Website and Account Security
All information that you provide to us in connection with access and use of the Website and Services must be accurate, complete, and current. We may, without prior notice and in our sole discretion, withdraw or change the Website, stop providing the Services or materials or features of the Website, to you or to users generally; or create usage limits for the Website and Services. We may permanently or temporarily terminate or suspend your access to the Website without notice and liability to you. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You are solely responsible for (i) maintaining the confidentiality of your account in the Website and password; (ii) making all arrangements necessary for you to have access to the Website (iii) all activities that occur under your internet connection by you or any user are aware of these Terms of Use and comply with them, (iv) to access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.
Intellectual Property
We are pleased to grant you a non-exclusive, revocable, limited license to use the Website solely for your personal and non-commercial use. You may only use the Website in the manner in which your usage is intended and in compliance with these Terms of Use and with any and all applicable laws, rules and regulations. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, commercially exploit, create derivative works from, transfer or sell any content, software, products or services contained with the Website. You may not use the Website to further any commercial purpose, including any advertising or advertising revenue generation active on your own website or in any other form or medium. All rights not expressly granted to you in these Terms of Use are reserved and retained by us. The licenses granted by A. N. Trinity terminate if you do not comply with these Terms of Use.
You agree that the Website, including but not limited to content, features and functionality, graphics, all information, user interface, software, text, displays, images, video and audio, and the design are owned by A. N. Trinity and or/ its licensors or other providers, and is protected by applicable intellectual property and other law. We may update the content on this Website from time to time in our sole discretion. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
The Company name and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
Additional Prohibited Uses
You are expressly prohibited from using the Website in any of the following ways or for any of the following purposes:
No illegal purpose. You may not use the Services for any illegal or unauthorized purpose, including in any way that violates copyright or other applicable laws;
No tampering. You may not use the Services in a way that is detrimental to the operation of the Services or the access or use of the Services by anyone else, you will not upload or transmit viruses, worms, trojan horses, logic bombs, destructive code or other material which is malicious or technologically harmful;
Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website;
Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing);
To attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
To attack the Website via a denial-of-service attack or a distributed denial-of-service attack;
To cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
Otherwise attempt to interfere with the proper working of the Website.
You agree to cooperate with us in causing any prohibited using of the Website immediately to cease.
Reliance on Information Posted; Third-party links
The information presented on or through the Website is made available solely for general information purposes. We do not make any statements regarding the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.
The Website includes content provided by third parties, including materials provided by other users and third-party licensors. We are not responsible, or liable to you or any third-party, for the content or accuracy of materials provided by any third parties.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such third-party websites.
Privacy
All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Disclaimer
EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT), GUARANTEES, REPRESENTATIONS, PROMISES, STATEMENTS, ESTIMATES, CONDITIONS, OR OTHER INDUCEMENTS, EXPRESS, IMPLIED, ORAL, WRITTEN, OR OTHERWISE. WE DO NOT WARRANT THE RESULTS OF THE SERVICES OR ADDITIONAL SERVICES, THAT THE SERVICES WILL MEET YOUR BUSINESS GOALS OR OTHER REQUIREMENTS OR EXPECTATIONS (OR, IF ACHIEVED, THAT SUCH RESULTS WILL BE SUSTAINABLE), THAT THE PROVISION OF THE SERVICES OR ADDITIONAL SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE, OR THAT ANY ERROR IN THE SERVICES OR ADDITIONAL SERVICES WILL BE CORRECTED. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. YOU ACKNOWLEDGE THAT THE WEBSITE AND SERVICES MAY BE INACCESSIBLE, UNAVAILABLE OR INOPERABLE FROM TIME TO TIME. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification; Limitation of Liability
judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
EXCEPT AS EXPRESSLY SET FORTH HEREIN, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW THE COMPANY’S LIABILITY SHALL BE LIMITED TO ONE HUNDRED (100) US DOLLARS.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Miscellaneous
A). This Agreement shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles or conflicts of law. You submit to the exclusive jurisdiction of courts located in London, GB. Each party waives any objection it may have to such venue.
If any provision of these Terms of Use are held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of these Terms of Use will remain in full force and effect.
B). Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its reasonable control including, but not limited to: earthquake, flood, fire, storm or other natural disaster, epidemic, accident, explosion, casualty, act of God, act of terrorism, lockout, strike, labor controversy or threat thereof, riot, insurrection, civil disturbance or commotion, boycott, disruption of the public markets, war or armed conflict (whether or not officially declared), sabotage, act of a public enemy, embargo, delay of a common carrier, the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business, or any change in or the adoption of any law (the “Force Majeure”); provided that the party relying upon this clause shall have given the other party written notice thereof promptly and, in any event, within five (5) calendar days of discovery thereof shall take all steps reasonably necessary under the circumstances to mitigate the effects of the Force Majeure upon which such notice is based and to fulfill the delayed or defaulted obligations as soon as the Force Majeure has ended.
C). All notices and other items from one party to the other hereunder will be addressed to the address set forth in these Terms of Use or to such other address as the addressee may designate in writing. Any notice shall be sent either by personal delivery or commercial overnight delivery service, or by facsimile to the facsimile number of the party to be served, or by email. Notice shall be deemed complete when: (a) for materials personally delivered or sent by facsimile, when actually received by the party to whom addressed, (b) for commercial overnight delivery service materials, when delivered to the commercial overnight delivery service, and (c) for email, at the time the email is sent.
D). These Terms of Use, together with the documents expressly referred to herein, constitutes the sole and entire agreement between you and us with respect to the Website and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
If you have any questions, requests for technical support, comments and other communications relating to the Website and services please contact us via email at [email protected].
THIS VERSION OF TERMS OF USE IS EFFECTIVE
Date last updated: 1 July, 2024
PLEASE READ THESE AFFILIATE TERMS AND CONDITIONS CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT REGISTER AND/OR PARTICIPATE IN THE PROGRAM.
TO ACCEPT THIS AGREEMENT AND CREATE AN ACCOUNT, YOU MUST BE AN ADULT OF LEGAL AGE OF MAJORITY IN THE COUNTRY IN WHICH YOUR ACCOUNT IS REGISTERED. YOU ARE LEGALLY AND FINANCIALLY RESPONSIBLE FOR ALL ACTIONS ON YOUR ACCOUNT.
If you are accepting this Agreement on behalf of a legal entity you represent and warrant that you are authorized by such legal entity to do so. By continuing to maintain your Affiliate relationship with us, you acknowledge that you have read and understood this Agreement and agree to be bound by these terms and conditions. Upon our request, you agree to sign a non-electronic version of this Agreement or the relevant Insertion Order.
These Affiliate Terms and Conditions (the “Agreement”) are entered into by and between you (the “Affiliate” or “You”) and A. N. Trinity LTD (hereafter “A. N. Trinity”) or other legal entity specified in the relevant Insertion Order or Agreement signed between the parties hereof. By joining the A. N. Trinity Affiliate Program (hereafter “Program”) you are expressing your acceptance of these Affiliate Terms and Conditions, Privacy Policy, Website Terms of Use, and said acceptance is evidenced by your clicking on the “Sign Up” button on the sign-up page.
THESE AFFILIATE TERMS AND CONDITIONS MAY BE AMENDED OR CHANGED BY US IN OUR DISCRETION, WITH OR WITHOUT NOTICE, AT ANY TIME WITH OR WITHOUT ANY REASON.
Your continued access or use of the Program following such changes will be deemed acceptance of such changes. In addition, we reserve the right to modify or cease providing all or any portion of the services or access to the Program at any time, with or without notice. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
1. Affiliate Agreement; Account
1.1 Upon acceptance by the Agreement and continued compliance herewith, the Affiliate shall be allowed to participate in the Program wherein A. N. Trinity shall provide to the Affiliate a limited license to use certain intellectual property of A. N. Trinity on Affiliate websites solely for the limited purposes of marketing and promoting the products and services of A. N. Trinity. As consideration for any traffic directed by the Affiliate to A. N. Trinity through Affiliate marketing and promotional efforts that convert into sales, A. N. Trinity shall pay the Affiliate compensation, as set forth in section 3 below.
1.2 A. N. Trinity reserves the right to deny any affiliate application from any country at the sole discretion of A. N. Trinity. A. N. Trinity also reserves the right to add or remove countries from time to time as business requirements may dictate.
1.3 To register an account you must be in compliance with this Agreement. A. N. Trinity may, in its sole discretion, confirm or otherwise verify or check the truth and accuracy of any registration information provided by the Affiliate. A. N. Trinity may request you as account holder to complete an approval procedure (e.g. provide additional information on promotion methods and/or identity, and complete an interview with a A. N. Trinity representative). The Affiliate hereby covenants and guarantees to provide to A. N. Trinity only the truthful and valid information regarding the Affiliate’s identity and location; no fake names, aliases or pseudonyms are to be used to disguise the Affiliate’s identity or hide your contact information. The Affiliate expressly consents to keep contact information up to date and inform A. N. Trinity of any changes. The Affiliate also acknowledges and agrees that use of the Affiliate’s account is intended for Affiliate only and no other person or entity will be given any access to it and, likewise, the Affiliate will not use any other person’s or entity’s account for its purposes. In case A. N. Trinity or third-party payment provider requests the Affiliate to prove its identity and location, the Affiliate shall reply within two (2) business days from the day of request and provide valid proof of its identity and location. If at any time A. N. Trinity, in its sole judgment and discretion, determines the Affiliate’s registration information to be misleading, inaccurate or untruthful, A. N. Trinity may restrict, deny or terminate Affiliate’s account, Affiliate’s access and use of, and/or any benefits derived from Affiliate’s participation in the Program; A. N. Trinity may also withhold payment of any commissions and/or other fees that may be or become due or payable to the Affiliate.
1.4 The Affiliate acknowledges and agrees that A. N. Trinity has a right to transfer the Affiliate’s contact/identification information and details of the cooperation to any third party in order to recover debts or to investigate the Affiliate’s fraudulent or illegal activity.
1.5 If account is inactive for a three-month period (i.e. have not started running any campaigns and/or the traffic equal to zero, or the Affiliate did not log into account during 3 months), we may block account within notice. After the date of notice the Affiliate will have 30 calendar days to restore the account. To do so, the Affiliate has to contact us via [email protected] . If you do not activate your account, the account will be closed. If the Affiliate’s account is removed based on this section, A. N. Trinity shall not pay out the remaining unpaid commission that is below the minimum payout amount according to section 3.2.
1.6 A. N. Trinity retains the right, at its sole discretion, to terminate any accounts involved with any illegal, fraud, deceptive, automated, bot and related activities or other prohibited activities under this Agreement.
2. Rights Granted to Affiliate
A. N. Trinity is working hard to develop the quality of our product and offer services for the Affiliate to use on their websites or other media property, collectively the “Websites”. In order to assist the Affiliate in promoting these products and services, A. N. Trinity has developed proprietary content and marketing systems to assist the Affiliate in making sales on the Affiliate’s websites. In order to use these proprietary content and marketing systems, A. N. Trinity grants the Affiliate each of the following rights:
2.1 The nonexclusive right to use the proprietary content and marketing systems of A. N. Trinity to help generate sales of A. N. Trinity products and services.
2.2 A. N. Trinity grants the Affiliate a limited, nonexclusive, nontransferable and fully revocable license to access, use and install website skins, promotional banners, links, images, videos, product and service content and other promotional materials created, owned or licensed by A. N. Trinity (collectively referred to as the Marketing Materials) for use on Affiliate Websites for the sole and exclusive purpose of advertising, marketing or promoting A. N. Trinity products and services. Within these guidelines, the Affiliate may use these Marketing Materials on Affiliate websites as desired.
2.3 A. N. Trinity owns and retains all rights, title and interest in and to its intellectual property, copyright, trademarks, patents, and in the Marketing Materials and any other content provided by A. N. Trinity. Upon termination of Affiliate participation in the Program and/or termination of this Agreement, the grant of right and license set forth herein, shall cease and terminate, and the Affiliate’s right to use the Marketing Materials shall immediately cease.
2.4 The Affiliate is not authorized and shall not change product and service names, trademarks, service marks, design logos, or any Marketing Materials except with specific permission from A. N. Trinity, for any purpose other than as expressly set forth herein or in any modification to this Agreement by A. N. Trinity. The Affiliate further acknowledges and agrees that any such change will be a material breach of this Agreement and may result in your account being terminated and all money due forfeited.
3. Fee and Payment Conditions
A. N. Trinity will pay the Affiliate for sales of A. N. Trinity products and services generated from a banner or link posted on the Affiliate’s websites as follows.
3.1 A. N. Trinity offers a revenue share of all Net Revenue generated by Affiliate websites. For purposes of this Agreement, the term “Net Revenue” shall mean gross sales less any payment processing fees, taxes and costs as well as any chargebacks or refunds.
3.2 A. N. Trinity pays out the Affiliate commission on the NET7, 15 and 30 basis (four times, twice and once a month respectively), unless otherwise agreed by the Parties. NET7 basis is an exceptional condition and is granted based on the A. N. Trinity decision. A. N. Trinity processes payments within 7 business days after each payment period, such period may be extended for the time of the investigation of any breach of this Agreement by the Affiliate or due to issues with the payment processing system or bank. Wire transfer can be used if the commission amount exceeds $1000. If the commission amount is less than $1000, to receive the payment the Affiliate can choose between other available payment methods: (e.g., Paxum, Payoneer, PayPal) agreed by the parties, and in this case, the minimum payout will be $100, if the other threshold is not required by the applicable payment processing system or determined at the sole discretion of A. N. Trinity. Paypal transfer fee will be charged in accordance with the Paypal Fee Policy for your region. It is the Affiliate’s responsibility to open all payment methods in the applicable payment processing systems required by the Program to obtain the payment. It is the Affiliate’s responsibility to notify A. N. Trinity of any payment changes in a timely manner.
3.3 A. N. Trinity will also pay a bonus to the Affiliate if they refer the A. N. Trinity Referral Program to other third party Affiliate.
3.3.1 For each third-party Affiliate that the Affiliate has referred to the A. N. Trinity Referral Program, the Affiliate will have the right to be paid five per cent (5%) of all net revenue generated by the referred third party Affiliate for the first ninety (90) days from the date referral relations are established.
3.3.2 For this purpose, the Parties agree that only the newly established accounts will be eligible for the bonus and that no individuals or companies with pre-existing accounts on the A. N. Trinity Referral Program shall be considered eligible for the effect.
3.3.3 Also, any accounts that have been suspended or terminated from A. N. Trinity Referral Program due to fraudulent or improper activity or for any other reason for termination are not eligible for the payment of the bonus to the Affiliate. Only one account per individual or company will be eligible for the Bonus.
All commission payments are non-cash and shall be made by wire transfer or via other payment processing system within seven business days for all payment methods with the best-effort guarantee, such period may be extended for the time of the investigation of any breach of this Agreement by the Affiliate or due to issues with the applicable payment processing system or bank. Any fees resulting from the chosen payment method shall be borne by the Affiliate and, if applicable, deducted from the Affiliate account. A. N. Trinity is working on improving its payment system and may also add new payment methods for Affiliates in the future.
3.3.4 To ensure that the total commission is accurately calculated and the payment amount is correct, A. N. Trinity may retain the payment for a reasonable period.
3.3.5 Commissions are based on the funds provided to A. N. Trinity by our clients, consequently, the Affiliate agrees that A. N. Trinity takes responsibility for the payment of commissions only to the extent that such funds from the clients have been received. The Affiliate gives a consent to release A. N. Trinity from any claims regarding commissions if such funds from the clients have not been received.
4. Restrictions on Payment of Compensation
4.1 The Affiliate is not entitled to commission for any sale in violation of the terms of this Agreement.
4.2 The Affiliate is not entitled to commission from A. N. Trinity for any sale which A. N. Trinity determines to be as the result of potential fraudulent, invalid or illegal activity. A. N. Trinity shall have the right, in its sole and absolute discretion, to expand or modify what it determines to constitute potential fraudulent activity. A. N. Trinity has developed its fraud screening process through years of experience and through work with industry leaders in fraud detection and identification thus Affiliates can be confident that the A. N. Trinity system is securely protected against fraudulent activity and sales.
4.3 A. N. Trinity has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program immediately if there are an abnormal number of chargebacks or refunds for products and services through the Affiliate’s websites. A. N. Trinity shall determine, in its sole and absolute judgment, what constitutes an abnormal number of chargebacks or refunds.
4.4 If the Affiliate’s account is removed based on the Affiliate request in accordance with GDPR, A. N. Trinity shall not pay out the remaining unpaid commission that is below the minimum payout amount according to section 3.2.
4.5 A. N. Trinity has the right to deny or withhold payment from the Affiliate and to terminate the Affiliate from the Program immediately if at any time A. N. Trinity considers that the Affiliate’s account has been compromised, or there is a possibility that this Agreement may have been breached or has been breached. A. N. Trinity has the right at its sole discretion to provide a detailed investigation. The Affiliate also agrees to fully participate and cooperate with any investigation at their own cost, including but not limited to providing all required documents.
5. Term and Termination
5.1 This Agreement is not for any specific term or duration of time. The Affiliate may terminate this Agreement at any time, for any reason. Likewise, this Agreement and/or the Program may be terminated by A. N. Trinity in its sole and absolute discretion, at any time, for any reason.
In the event that A. N. Trinity, including but not limited to: (i) voluntarily or involuntarily becomes the subject of a petition in bankruptcy or of any proceeding relating to insolvency, receivership, liquidation, or composition for the benefit of creditors that is not dismissed or discharged within 60 days after being commenced; (ii) admits in writing its inability to pay its debts generally as they become due (or takes any corporate action tantamount to such admission); (iii) makes an assignment for the benefit of its creditors; or (iv) ceases to do business as a going concern. In such an event, and when possible, A. N. Trinity may provide prior notice of termination.
The Affiliate agrees and acknowledges that A. N. Trinity does not assume any responsibility with respect to, or in connection with the termination of the Program operations and loss of any data as a result.
5.2 The Affiliate may terminate participation in the Program by 48 (forty-eight) hours’ notifying A. N. Trinity via e-mail at [email protected] of Affiliate’s intent to terminate participation in the Program. Should Affiliate terminate account and the amount owed in the said account is $100 or less the said amount will be forfeited by A. N. Trinity.
5.3 In case this Agreement is terminated, the Affiliate shall be entitled to any unpaid commission or bonuses earned prior to the date and time of termination. The Affiliate shall not be entitled to any unpaid commission or bonuses earned after the date and time of termination as well as to any unpaid commission that is below the minimum payout amount specified in the clause 3.2 of this Agreement.
5.4 If this Agreement is terminated due to the Affiliate’s breach of any portion of this Agreement, including any untrue or inaccurate representation or warranty, A. N. Trinity reserves the right to withhold any amount then due and owing to the Affiliate.
6. Affiliate’s Responsibilities and Duties
6.1 The Affiliate shall only use and promote the approved products and services of A. N. Trinity using A. N. Trinity proprietary marketing systems and Marketing Materials on Affiliate’s websites.
6.2 The Affiliate shall not use or employ any form of mass unsolicited electronic mailings, newsgroup postings, password selling or trading, warez, IRC posting, adware, spyware, and malware marketing or any other form of “spamming” as a means of promoting Affiliate websites or for the purpose of generating traffic and sales to or for Affiliate websites. The Affiliate further acknowledges and agrees that A. N. Trinity has zero tolerance for spamming. Thus A. N. Trinity reserves the right to immediately and without notice terminate the Affiliate’s participation in the Program if A. N. Trinity, in its sole and absolute discretion, concludes that the Affiliate has been engaged in the use of any of the above referenced forms of “spamming”. Note also that in such a case the Affiliate will also be barred from future participation in the Program and all money otherwise due to the Affiliate will be forfeited.
The Affiliate shall not send traffic via sms or electronic mail promotion, unless has received the express written authorization of A. N. Trinity to use electronic mail or other electronic messages to promote offers. It is the Affiliate’s sole and complete responsibility to make sure that the Affiliate is in compliance with the CAN-SPAM ACT as well as any other law, rule or regulation that may be applicable. In the event any third party submits a claim, lawsuit, or other legal action against A. N. Trinity or any of its related entities relating to any email, text or communication the Affiliate sent or in any way caused to be sent, then the Affiliate agrees to indemnify, hold harmless, and defend A. N. Trinity and any of its related entities against any such claim, lawsuit, or other legal action (including attorney’s fees). Further, no electronic message initiated or sent by the Affiliate or on their behalf may identify A. N. Trinity as a sender or sponsor of such electronic mail or other message.
Any electronic mail marketing which is not previously authorized by A. N. Trinity, including spamming of any sort and violation of any of the applicable rules and regulations will result in an immediate ban from the Program without any payment to the Affiliate. If the Affiliate is found to have violated any provisions of the CAN-SPAM ACT as well as any other law, rule or regulation that may be applicable, their account will be immediately terminated, all funds owed to the Affiliate will be forfeited and the Affiliate’s contacts and data may be reported to the relevant authorities.
6.3 Except as expressly authorized by A. N. Trinity in this Agreement, the Affiliate shall not copy, reproduce, alter, modify, change, broadcast, distribute, transmit or disseminate any banners or other promotional or advertising materials provided by A. N. Trinity pursuant to this Agreement in whole or in part, in any form or manner, at any time or anywhere in the world.
6.4 The Affiliate shall NEVER modify files, Marketing Materials or content provided by A. N. Trinity.
6.5 All content displayed on any Affiliate website containing the Marketing Materials must comply with all local laws.
6.6 To promote A. N. Trinity products and services the Affiliate has to use the link received in his account. A. N. Trinity has the right not to pay the Affiliate commission for traffic received via a link, that differs from the links in the Affiliate’s account.
6.7 The Affiliate shall not target any person who is under the legal age, nor target any restricted jurisdictions where the products or services offered and the promotion thereof are illegal.
6.8 The Affiliate shall ensure that all materials posted by Affiliate or otherwise used in connection with the Program: (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age)
Illegal and prohibited content, including, but not limited to:
child pornography or child abuse;
content that shows extreme sexual violence or materials that are overly violent;
materials that demonstrates, promotes or incites crimes or violent acts;
content that promotes terrorism or encourages terrorist acts;
materials which encourage violence, criminal behaviour or dangerous behaviour (e.g. creating weapons, taking or making drugs and carrying out fraudulent or terrorist acts);
use of materials, promoting a product or a service on behalf of celebrities or politicians without their official permission and consent;
use of celebrities or politicians’ names to sensationalize the promoted content (“fake news” and negative representation of the individuals featured);
highly graphic sexual acts that would be likely to offend a ‘reasonable adult’;
footage that shows real or simulated violence or crimes.
7. Affiliate Representations and Warranties
The Affiliate hereby represents and warrants each of the following:
7.1 That if the Affiliate is an individual person, he/she is over the age of eighteen (18) years or any legal age in the country of the Affiliate;
7.2 That if the Affiliate is an entity (i.e., corporation, limited liability company, etc.), all individuals employed or associated with the Affiliate in any way are over the age of eighteen (18) years or legal age in the country of the Affiliate;
7.3 That the individual who provides information pursuant to the Program and accepts this Agreement has full, lawful power and authority to enter into and to carry out the terms of this Agreement;
7.4 That the login data or information of its account will always be kept strictly confidential and it will not be shared publicly or with any other person or party. The Affiliate gives its consent that it takes full responsibility for all the activity conducted through its account. In case of any disclosure, theft or unauthorized use of the Affiliate’s login data the Affiliate is obliged to inform A. N. Trinity immediately.
8. Confidentiality
8.1 The Affiliate agrees not to disclose A. N. Trinity Confidential Information (“Confidential Information”) without A. N. Trinity’s prior written consent. The Affiliate shall not use the Confidential Information (as hereinafter defined) for purposes other than the performance of its obligations under this Agreement. The Affiliate may only disclose the Confidential Information to its employees, consultants, and subcontractors who have a need to know such Confidential Information in order to perform its obligations under this Agreement. The Affiliate shall protect the Confidential Information by using the same degree of care as it uses to protect its own information of a like nature, but no less than a reasonable degree of care.
8.2 “Confidential Information” shall mean all information of A. N. Trinity not generally available to the public which is provided to the Affiliate or which the Affiliate has access to or discovers in the performance of this Agreement, including without limitation all information relating to A. N. Trinity’s Program, services, products, business, and operations (including without limitation business plans, financial records, customers, clients, vendors, affiliates, agents, or employees; the fact that the A. N. Trinity intends to develop or distribute any particular products or services; the compensation paid to the Affiliate; products, costs, sources, strategies, inventions, procedures, forecasts, materials and data, technical advice or knowledge, contractual agreements, pricing, click-through rates or other statistics provided to the Affiliate by the A. N. Trinity, specifications, trade secrets, distribution methods, inventories, marketing plans and strategies, algorithms, designs, studies, charts, plans, tales or compilations of business and industrial information acquired by A. N. Trinity, Program and account interface, drawings, work sheets, programs and systems, know-how or other intellectual property of A. N. Trinity and its related entities that may be at any time furnished, communicated, or delivered by A. N. Trinity the Affiliate, whether in oral, tangible, electronic, or other form or designated in writing or oral by the A. N. Trinity as “confidential” or any designation to the same effect). The Affiliate is prohibited to disclose any other information which if disclosed could harm or reduce a competitive advantage of the A. N. Trinity or place the A. N. Trinity at a competitive disadvantage.
The Confidential Information does not include information that has become publicly known through no breach by the Affiliate, or information that has been (i) independently developed without access to the A. N. Trinity Confidential Information, as evidenced in writing; (ii) rightfully received by the Affiliate from a third party without such third party having possession of such Confidential Information because of its own or other’s breach; or (iii) required to be disclosed by law or by a governmental authority, provided the Affiliate shall get a prior written consent by the A. N. Trinity, unless prohibited by applicable law, if it is required to disclose any of A. N. Trinity’s Confidential Information under operation of law, and such disclosure shall not constitute a breach of this Agreement.
The Affiliate, in addition, acknowledges that the A. N. Trinity may be ordered by law or by a governmental authority to disclose information regarding the services being provided to the Affiliate or to disclose Affiliate’s identity under certain circumstances, especially where the Affiliater’s website(s) contain unauthorized copyrighted materials and/or link(s) to such unauthorized copyrighted materials. The A. N. Trinity will be fully entitled to disclose such information upon receiving a request, which the A. N. Trinity reasonably deems as being competent to issue such a request.
8.3 The Affiliate agrees to indemnify and hold harmless A. N. Trinity against any and all loss, costs or expenses, inclusive of court costs and legal fees on a solicitor and own client basis, which A. N. Trinity may incur as the direct or indirect result of any unauthorized disclosure of the Confidential Information by the Affiliate or any person for whom the Affiliate is responsible, in law.
9. Privacy
9.1 The Affiliate’s personal/corporate data will be collected and processed in accordance with the provisions of law and in accordance with the Privacy Policy and these Terms and Conditions.
9.2 The Affiliate agrees that it will comply with all privacy and data security laws, rules, regulations and self-regulatory principles (“Privacy Laws”), applicable to the Affiliate. The Affiliate shall, at all times during the term, clearly and conspicuously post on its website or other media property an easy-to-understand privacy policy that (i) is in compliance with all applicable laws, rules and regulations, (ii) accurately discloses all applicable data collection, use and disclosure practices, including the use of cookies, pixels, beacons, locally stored objects, or other similar technologies by third parties for purposes of targeting individual end users with advertisements; (iii) identifies how and for what purpose the Affiliate uses the information collected and shares such information with third parties for the purpose of providing more relevant content to users and for advertising and marketing purposes, and (iv) offers users an opportunity to opt-out from such use of the data and information. At all times, the Affiliate and its partners shall comply with their respective privacy policies. At any given point of time, if the Affiliate is unclear or unable to satisfy the terms of this section, the Affiliate shall inform A. N. Trinity in writing. A. N. Trinity is not liable for any violation of Privacy laws, rules or regulations related to failure of the Affiliate to provide appropriate Privacy information to their users.
9.3 The Affiliate agrees not to provide any Personally Identifiable Information about any user who visits their Websites. The Affiliate shall ensure that personal data of the EU residents will not be transferred to A. N. Trinity unless the Parties conclude the applicable Data Processing Agreement, where Affiliate shall act as a Controller in the meaning of GDPR and provide respective instructions to A. N. Trinity. If applicable please contact A. N. Trinity team for signing the Data Processing Agreement.
The Affiliate further agrees that it will not use any information provided to the Affiliate by A. N. Trinity to violate any applicable law, regulation, the Affiliate’s own Privacy Policy or to restore or respawn cookies cleared or deleted by end-users.
10. Non-Disparagement
The Affiliate agrees and covenants that they shall not at any time make, publish, or communicate to any person or entity or in any public forum, including, without limitation, on any digital or online review sites or forums, any defamatory, discrediting or disparaging remarks, comments or statements concerning A. N. Trinity or its businesses, or any of a A. N. Trinity’s employees or officers, now or in the future. For the purposes of this section, a disparaging or discrediting statement or representation is any communication which, if publicized to another, would cause or tend to cause the recipient of the communication to question the business condition, integrity, competence, good character, or product quality of the person or entity to whom the communication relates, but will not include any disclosure required to be made to any governmental or quasi-governmental agency, or any disclosure made in the course of any pending or threatened litigation, mediation or arbitration.
In the event the Affiliate failed to perform Non-Disparagement obligations under this section, the Affiliate shall be liable for all losses of A. N. Trinity. A. N. Trinity has the rignt to terminate this Agreement immediately and withhold payments from the Affiliate’s account.
11. Taxation
All individuals, corporations and other organization participants are responsible for the payment of taxes in their own jurisdiction.
12. Rights of A. N. Trinity
12.1 A. N. Trinity reserves the right, in its sole and absolute discretion, to terminate the Program at any time and may do so with or without cause.
12.2 A. N. Trinity shall also have the right, in its sole and absolute discretion, to change or modify this Agreement and the Program Benefits. If at any time A. N. Trinity changes or modifies the Program, the Affiliate shall have the right to withdraw and terminate participation.
13. No Partnership, Joint or Collaborative Venture
13.1 Nothing contained in this Agreement shall create or be deemed to create a partnership, joint venture or other business combination or venture of any kind between the Affiliate and A. N. Trinity, its subsidiaries, affiliated entities, successors or assigns; nor shall any term contained in this Agreement constitute or create any agency or employment relationship between Affiliate and A. N. Trinity, its subsidiaries, affiliated entities, successors or assigns.
13.2 A. N. Trinity has no control over nor ownership interest in Affiliate or Affiliate Websites except for the Marketing Materials used thereon, and the Affiliate has no financial or other interest in A. N. Trinity, its subsidiaries, affiliated entities or any property owned by such entities, except as expressly set forth herein.
14. No Content Control, Monitoring or Supervision
14.1 A. N. Trinity does not monitor, supervise or review content contained on Affiliate websites except for the use of the Marketing Materials. A. N. Trinity is not responsible for any content appearing or otherwise distributed on, at or in association with Affiliate websites. The Affiliate is solely responsible for the content on Affiliate websites.
14.2 A. N. Trinity has no direct or indirect control over the content of Affiliate websites except as specifically set forth in this Agreement and as it relates to the Marketing Materials.
15. No Warranty or Guarantee
A. N. Trinity makes no guarantee of any kind with respect to the Program or materials provided by, through or in association with the Program, all Marketing Materials are provided to the Affiliate “as is” and use of the Marketing Materials is solely at the Affiliate’s risk. A. N. Trinity disclaims all warranties, either express or implied, including, but not limited to, warranties of merchantability and fitness for a particular purpose with regard to the Program and any and all materials of every kind supplied to the Affiliate as part of this Program.
16. No Guarantee of Success or Profitability
A. N. Trinity cannot guarantee the Affiliate any level of success or profitability due to the Affiliate’s participation in the Program. The Affiliate has unilaterally entered into an Internet service business and all risk of loss, cost and expense of the Affiliate doing business shall be borne solely by the Affiliate. In case the Affiliate alters or modifies their promotional links in any way A. N. Trinity shall not guarantee that all traffic sent via such links will be tracked properly and in full.
17. Force Majeure
Neither party shall be liable for any loss or delay, nor be considered in breach of this Agreement, due to an act of God, fire, natural disaster, terrorist act, strike or other labor stoppage, declaration of war or military intervention, computer system/server failure, credit card processing failure, network failure, governmental action, or any other cause outside the control of the parties.
18. Limitation of Liability
A. N. Trinity, its subsidiaries, affiliated entities, employees, independent contractors, agents, representatives, assigns and successors shall not be liable to the Affiliate, or any other person or entity, for any direct or indirect losses, injuries or incidental, consequential or other damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER PECUNIARY LOSS) with regard to any use of the A. N. Trinity website, or arising from or in connection with this Agreement or the use of the A. N. Trinity Marketing Materials, or due to any mistakes, omissions, delays, errors, interruptions in the transmission, or receipt of A. N. Trinity services, content or Marketing Materials, including without limitation any losses due to server problems or due to incorrect placement of HTML.
19. Indemnification
The Affiliate shall indemnify and hold A. N. Trinity, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors and any successor-in-interest or assign (the “Indemnified Parties”) harmless from any breach of this Agreement by the Affiliate, including any use of Marketing Materials other than as expressly authorized in this Agreement. The Affiliate agrees that the Indemnified Parties shall have no liability in connection with any such breach or unauthorized use, and the Affiliate agrees to indemnify for any resulting loss, damage, judgment, award, cost, expense, and attorneys’ fees of the Indemnified Parties. The Affiliate shall also indemnify and hold the Indemnified Parties harmless from and against any and all claims brought by third parties arising out of the Affiliate’s use of the information accessed from A. N. Trinity websites.
20. Transfer or Assignment
20.1 This Agreement shall not, under any circumstances, be transferred or assigned by the Affiliate to any other person or entity, and any attempted transfer or assignment of a membership shall be void.
20.2 A. N. Trinity may, at any time, in its sole discretion and without prior notice given to the Affiliate, transfer or assign this Agreement to an affiliated or non-affiliated person or entity.
21. Modification
This Agreement is subject to change or modification by A. N. Trinity at any time at its sole discretion, and changes shall become effective by posting at the A. N. Trinity Website with or without notice to you. An Affiliate may not alter, delete, add or change or edit any of these terms and conditions, and any such attempted alteration shall be void and of no effect. The most recent version of this Agreement will be posted on Website. It is the Affiliate’s sole responsibility to keep themselves informed of any such changes or amendments and periodically to check the most current version of this Agreement.
22. Notices to A. N. Trinity or Affiliates
Notices from A. N. Trinity Website to Affiliates may be given electronically, including any that we are otherwise required to provide in “writing”. We may send you notices by means of electronic messages to the e-mail address of the Affiliate or to any email address that you provide to us during participation with Program, by general posting on the Website, or by conventional mail. Communications from the Affiliate to A. N. Trinity may be made via e-mail, unless otherwise specified in this Agreement. All notices to A. N. Trinity via e-mail shall be sent to support@A. N. Trinity.com. Notices from A. N. Trinity shall be deemed delivered when sent by A. N. Trinity to the Affiliate, unless (for email) we are notified that the email address is invalid. Alternatively, we may give you notice by mail to the address provided during registration. You agree to receive offers and promotions from us and our partners by e-mails.
23. Severability
If any provision of this Agreement is held to be invalid or unenforceable, in any respect, such invalidity or unenforceability shall not affect or impair the validity or enforceability of the remaining provisions of this Agreement, but, to the contrary, this Agreement shall be construed as if such invalid or unenforceable provision had never been contained herein.
24. Entire Agreement, Headings, and Neutral Construction
This Agreement and any changes or modifications thereto by A. N. Trinity and accepted by the Affiliate expresses the entire agreement between the parties regarding the Affiliate’s participation in the Program, and all Marketing Materials directly and indirectly related thereto, superseding and negating any prior or contemporaneous agreements, whether written or oral. There are no representations, agreements, arrangements or undertakings relating to the matters addressed which are not fully expressed herein. The headings are for convenience only and shall not be construed to give any substantive meaning to the agreement between the parties. This Agreement shall be construed neutrally and as the commemoration of the mutual assent of both parties rather than for or against either party.
25. Review by Attorney
A. N. Trinity strongly advises that the Affiliate review this Agreement with an attorney before acceptance of its terms so that the Affiliate is fully appraised of all the rights, duties and obligations under this Agreement. The Affiliate acknowledges that nothing herein and no statement by A. N. Trinity or any employee, representative, agent or other person associated with A. N. Trinity has in any way prevented or inhibited the Affiliate from seeking such independent legal advice prior to entering into this Agreement. The Affiliate hereby acknowledges and agrees that the terms of this Agreement are reasonable and fair; all terms have been fully disclosed in writing, and that the Affiliate has been given reasonable opportunity to seek the advice of independent counsel with respect to the Agreement and all transactions associated herewith.
26. Jurisdiction And Venue
This Agreement shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles or conflicts of law. All disputes arising out of the terms of this Agreement shall be settled by negotiation. If the dispute cannot be resolved through negotiation within 1 (one) calendar month since its arising, parties can refer to the court as described above.
If the settlement of the dispute is being executed by the court, all costs and expenses incurred in connection with the court proceedings, as well as court fees, shall be reimbursed by the party guilty of breach, failure or improper fulfilment of the terms of the Agreement, unless otherwise provided by applicable law.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration under the LCIA (London Court of International Arbitration) Rules, which Rules are deemed to be incorporated by reference into this Agreement. The number of arbitrators shall be one (1). The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitral proceedings shall be English.
ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND A. N. Trinity ENTITY WITH WHICH YOU HAVE A DISPUTE WITH SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT THIS WAIVER IS PROHIBITED BY LAW.
YOU HEREBY EXPRESSLY WAIVE ANY RIGHT FOR A TRIAL BY JURY.
27. Acceptance and Execution
By clicking on the “Sign up” button on the Registration Page, and by supplying A. N. Trinity with all the information required to create an account on the Registration Page, the Affiliate accepts all of the terms and conditions set forth herein above and agrees to be bound by said terms and conditions.
28.Translation
In case of any discrepancy within the meanings between English and other translated versions of this Agreement, the English version of this Agreement shall prevail.
THIS VERSION OF AFFILIATE TERMS AND CONDITIONS IS EFFECTIVE
Date last updated: 1 July, 2024
Привет! Это комментарий.
Чтобы начать модерировать, редактировать и удалять комментарии, перейдите на экран «Комментарии» в консоли.
Аватары авторов комментариев загружаются с сервиса Gravatar.