Affiliate Terms & Conditions
This Affiliate Agreement (“Agreement”) comprises the terms and conditions (“Terms”) that constitute a legal agreement between (a) the affiliate participant (the “Affiliate”, “you” or “your”), and (b) DAOProptech Private Limited (DAOProptech”, “we”, “the Company”, “us” or “our), the owner and operator of the services, software and support through our Affiliate application; with regards to your application to, or participation in, the Affiliate Program.
By signing this, you hereby represent, warrant, and agree that: (a) you have the full power and authority to enter into and form legally binding relationships with the Company under these Terms, or (b) if you are joining this Program on behalf of a corporation, entity or group then you are certainly authorized to accept these Terms on such organization or entity’s (As the case may be) behalf.
Since the Terms are provided by us, we also reserve the right to make changes or amendments to these Terms at any time entirely at our sole discretion. Regardless of this, if such changes are brought about then we will provide you with notice of such changes by revising the date on top of these Terms or via electronic means e.g. email subscriptions that update you about the Company’s workings. If you don’t agree to the updates or replacements, you can always choose to terminate as we describe below. However, please note that your continued participation in the Program will be deemed as acceptance of such changes, therefore, please review these Terms periodically and keep a lookout for any updates.
Please bear in mind that this Agreement creates a non-exclusive relationship between you and us as both you and you shall retain the right to work with third parties and to work for the design, development, sale, installation, and use of similar products and services of third parties.
Once you have signed up and registered with us, your application to become an Affiliate is complete, whereafter we will review your application and notify you if you have been accepted to participate in the Affiliate Program or not. Prior to accepting an application, we may want to review your application during which we may reach out to you for more information. With this, we may require that you complete certain requirements before we proceed with accepting your application.
DAOProptech may approve or deny any registration for membership in the Affiliate Program for any lawful reason or no reason. To become eligible for commission:
- You must be at least eighteen (18) years of age, or any higher minimum age depending on the jurisdiction you reside in while registering for an account;
- You must be eligible to receive affiliate commissions via a payment provider and/or any process identified by DAOProptech; and
- An investor transaction must have taken place or occurred;
You are not eligible to receive commission or any other remuneration from us based on transactions of other products or if:
- he compensation is restricted or disallowed by any federal, state, or local law operative in the Islamic Republic of Pakistan or the laws or regulations of your jurisdiction;
- The Investor has paid or will pay such commissions, referral fees, or other compensation directly to you without the interception of our Platform;
- You have elicited Commission through fraudulent or unlawful means, misuse of the Affiliate link, in violation of our Affiliate Terms as have been made available to you, any misuse of the Affiliate Portal or Tool or by any other methods or means that we may regard as a breach of this Affiliate program; and
- The Investor in question objects to or restricts such compensation or excludes such compensation from its payments to us.
In the instance of any dispute, as may be lodged in regards to the ownership of an Account, we reserve the right to investigate and determine the ownership of the Account based on our own internal procedure and reasonable judgment;
Further, by registering for the Program, you agree that you will:
- Provide us with accurate, truthful, current, and complete information;
- Responsibly maintain and promptly update your information upon any respective changes
- The maintenance of the security of your Account protected by your password which you shall not share arbitrarily with anyone else while also restricting your access to your Account;
- Immediately notify us if you discover or are suspecting any unauthorized access and/or any security breaches relating to your Account
- You are responsible for all activities that occur under or through your account and you accept all risks associated with any authorized or unauthorized access to your Account
Your eligibility to receive commission payments shall only be derived from any customer transactions that commence from the Affiliate leads generated within the
Portal that we have made available to you and as are accepted by DAOProptech’s internal system. An Affiliate Lead will be deemed valid and acceptable if, we can reasonably
determine that: (i) it is a new potential customer, and (ii) is not, at the time of submission of transactions or at least 60 days prior to that, one of our existing customers, or
is somehow actively involved in our sale process. Notwithstanding this, we may choose not to accept an Affiliate Lead at our sole discretion. In the instance that the Affiliate Lead does not upgrade the status of the property area it has initially pledged to that of transfer of ownership of property in its name, i.e. making it an investor, then the Affiliate shall not be legible for any payment until such time that investor status is achieved.
Affiliate Code of Conduct
Our Affiliates are expected to abide by or adhere to the highest standards of professionalism and ethical practices. Without limiting the foregoing, an Affiliate working in connection with the Program:
- Misrepresent the services in any way which includes its plans, prices, discounts, or functionality;
- Offer or extend any warranties, guarantees, rewards, or indemnities, by itself and on behalf of DAOProptech, except as expressly set forth in our Terms or Agreement or approved in writing by the Company;
- Defame, disparage, cause harm, or detrimental impact to the reputation and prestige of DAOProptech, its Services, its representatives, or the Affiliate Program in any way;
- Compete or interfere, directly or indirectly, with DAOProptech’s advertising efforts where the Company may choose to engage in direct marketing or online advertising from time to time. The Affiliate is prohibited from placing advertisements that target the Company’s trademarks and service marks or placing advertisements in any way that advertise or display DAOProptech’s trademarks or service marks. Affiliate shall not bid on any phrases or keywords which contain the Company’s trademarks, service marks, or registered URLs, or any abbreviations, variations, or misspellings of the same;
- Use link cloaking or other masking techniques or technology to promote DAOProptech on websites and/or networks which are not explicitly mentioned in your Account;
- Display DAOProptech.com, “DAOProptech”, DaoProptech’s logos or trade names, or any abbreviation, variation, or misspelling thereof in any domain or subdomain name, social media, or as part of the name or description of any other online presence;
- Refer to any discounted offers by DAOProptech or promote any non-existing DAOProptech discounts on a regular basis such as deals, coupon codes, seasonal or exclusive discounts or offers;
- Place links to DAOProptech or make reference to DAOProptech in any way on illicit and/or otherwise coupon websites;
- Place a faux affiliate link directly on a third-party social network or content hosting platform where you are strictly prohibited from doing so in the absence of a referral program offered by the Company;
- In any way, shape, or form, promote DAOProptech as part of an incentivized program or any other third-party scheme where special incentives (e.g. rewards, discounts, cashback, etc) are offered with the intention of attracting and retaining people;
- Self-refer or refer to yourself in any manner which includes referral of any website or functions in which the Affiliate has a proprietary or equitable interest. In the instance where payment is made to the Affiliate utilizing a form of payment that is either belonging to or controlled solely by the Affiliate shall be tantamount to a violation of these Terms & Conditions.
- The Affiliate must never allow their personal interests to conflict or appear to conflict, with the interests of DAOProptech and he must be particularly mindful of avoiding representing DAOProptech in any transaction with others with whom there is an outside business relationship. The Affiliates shall paramountly avoid using their DAOProptech contacts for unlawful practices such as using their company contacts to promote their personal interests or agenda at the expense of the company, its clients, etc.
- The Affiliate shall avoid indulging in unethical practices like bribes, kickbacks or other similar remuneration schemes to, or from, any prospective client or investor and shall avoid gifts, fees, bonuses, etc. to attract or influence business obligations at their end.
- Since the Affiliates shall often come into contact with, or gain access or possession of, proprietary, confidential, or otherwise sensitive information during the course of their affiliate relationships, therefore, they must take appropriate steps to assure that such information does not become disclosed and remains strictly confidential.
- The Affiliates shall remain responsible and personally balanced so that their personal life does not interfere with their ability to deliver quality services to DAOProptech’s prospective clients. The Affiliates agree to steer clear of and disclose any dishonest, fraudulent, or illegal behavior that they might encounter or witness during their tenure as Affiliates.
Assign your team of Affiliates
At any given time, in the instance of you being a corporation or firm or a business entity that has been selected for rendering its services to us as Affiliates, the Affiliate Portal presents you with and makes provision for facilitating internally, any member (s) that you may wish to inaugurate into the DAOProptech’s internal protocol and system to facilitate or expand or attract a larger investor base for itself. Through this mechanism, your teammates are offered internal access to DAOProptech’s Platform, however, they may only make use of the Portal as a ‘Standard User’ whereas you continue to perform your obligations as the ‘Administrator User’. This means that your teammates gain access and visibility to a limited number of features and data or information in contrast to you, the administrator who also retains access over his teammates’ activities and not just the prospective investors. You can view these insights anytime upon clicking the ‘Access’ tab within the Portal.
Attracting investors for DAOProptech
After your induction into the Affiliates’ membership at DAOProptech, you will be required to initiate your functions by interacting with prospective investors by integrating the detailed information provided to you by the Company into your discussions. The prospective investors or individuals as approached or sought out by you in this regard are required to be apprised about the prevalent projects in line with the Company’s internal policies, handbook/training materials, Projects’ architectural plans, detailed descriptions and incentivization for investors as provided by DAOProptech at the time of your induction. Therefore, you are not to alter, modify, add, subtract, supplement, or change the information provided to entice a potential investor by way of making any false or exaggerated statements that are utterly misleading on behalf of the Company. In case you are found by the Company to have indulged in unethical or unlawful practices in any form or manner that might risk reputational and/or otherwise harm to DAOProptech, your relationship with us would end immediately and you’d have to forgo any commission payments for which you are otherwise legible.
For contacting prospective clients, you will be permitted to use your own channels or methods to send forth the information that could potentially attract them towards investing with us. DAOProptech does not provide any official means or channels of communication to its Affiliates and any prospective client that you are to onboard with us, either through the affiliate portal or them opting to do so themselves, would be brought in by you personally and not through the usage of any referral links.
As you start your Affiliate journey with us, we take on the crucial responsibility of inculcating our Affiliates with all the relevant information that may be necessary for them to prudently perform their due obligations owed to the Company. Since DAOProptech’s real estate business is uniquely sophisticated as it sways away from conventional real estate practices, you will be provided with technical training specific to implementing our business model’s promotional needs for expansion.
In this regard, you will be provided with sensitive information such as projects’ intricate descriptions and notable specifications (especially the forecasted and prevalent appreciation of property value in the market, etc), the valuation methods or metrics utilized, the business structure, sector-specific indoctrination, maneuvering through the Affiliate Portal, etc. to help you acclimatize yourself into DAOProptech’s specialized work. These may include, sales and marketing products, any customization, consulting, training, implementation, and any additional support or professional services as may be prescribed.
Please note that any of the information or material as is supplied to you by DAOProptech to equip you with the knowledge and subject-matter expertise that is required for you to perform your duties is to be handled with the strictest confidence and shall not be disclosed to any third-party under any circumstances. You recognize that all records with respect to our clients, business associates, and financial and proprietary information of the Company are not generally known publicly and are unique and special to our business. You hereby agree that during the term of this Agreement and following any termination of this Agreement, you will refrain from, either directly or indirectly, disclosing any confidential information–in full or in part– to any person or entity for any reason whatsoever.
You are also restricted from associating with or rendering similar services to any client or competitor of the DAOProptech during the term of this Agreement. You further agree that either during or following the termination of this Agreement, you will not encourage, solicit, in any manner whatsoever, any person, firm or corporation, or other business entities who are clients of the Company to cease doing business with DAOProptech and to do business with either you or some other business entity or a person who is providing products or services similar to ours
As part of your affiliate responsibilities, you will be entrusted with the responsibility of handling all prospective clients/investors’ inquiries, billing and collection, product/service orders, and the overall management of relaying relevant information to them. You will inform them as to the pricing of the products and services being totally within DAOProptech’s discretion where it reserves the right to change the pricing structure, terminate any special offers or discounts, discontinue the services and products, or change the terms under which they are offered at any time.
Creation of Investor Account
Once the Affiliate is granted unbridled access to his Affiliate Portal through the account login that has been created for his benefit, he can begin onboarding potential clients or investors by clicking on the ‘Create Investor’ icon on the top right corner of the page. After inserting the prospective Investor’s details that have been referred to DAOProptech’s products/services by the Affiliate, the Affiliate can directly monitor or oversee the onboarded prospect’s activities across the DAO Platform.
Tracking your Referral Investors’ activities
- Leads: Once a client is officially onboarded by the Affiliate along with the registration of his details to enable him to use the DAOProptech’s Portal, the client becomes a ‘Lead’ for showing interest in the services being offered by DAOProptech;
- Pledge: After entering into the realm of DAOProptech’s Portal, the prospective investor starts taking interest in the schemes or Projects being offered by DAOProptech and when he locks a certain amount of area for a potential investment, the status upgrades to that of a ‘pledge’ having been created by him concerning that particular Project.
- Investor: Finally, where the prospective investor takes the initiative to transform his ‘interest’ in a project or property rights into an actual investment by way of making a transaction, he ultimately gains the title of an ‘Investor’ once his virtual wallet within the Portal gains the number of area square feet against which he has made a verified transaction.
Moreover, you also have the ability to track the activities of the investors referred by you through the ‘Transactions’ tab which grants a holistic overview of all the investments that have been rendered through your facilitation or services. Details such as the ‘total transactions’, ‘total area pledged’, ‘total area purchased’, ‘total revenue generated’, any ‘payments overdue’, and any ‘transactions pending’ by the investors or prospective investors who have been referred to DAOProptech by you and are making use of the Portal under the same are transparently accounted for, and made visible to you, for your ease of reference.
The Affiliate Portal also makes available the option of ‘Create Transaction’ to you to undertake some transactions on behalf of the prospective investor/client brought in, or in the talks with you regarding their interest in a particular property. For that purpose, you hold the option to put their details through the Affiliate Portal and upload any receipts as provided by such an investor to determine/lock their property right within the DAOProptech system. Please note that you are to perform such transactions with utmost care and upholding the investor’s confidence in you as a representative of DAOProptech and you are not to engage in any misappropriation of funds or information while conducting transactions through this mechanism.
Also, in this part of the Affiliate Portal, you are presented with a simplistic method of tracking your leads/investors’ acts while using the DAOProptech Investor Portal. They have been defined below for your convenience and understanding:
“Pending” means a potential transaction may be brought about by a prospective investor since he has shown interest in a particular Project or property but has not rendered any payment to confirm his intention to do so in this regard.
“Verified” means you have followed up with the prospective investor to request confirmation for his intended transaction, and the prospective investor has in turn supplied you with a positive or affirmative statement to confirm his intention of making payment shortly.
“Approved” means that now the actual payment or transaction has materialized/completed on behalf of the investor and has been verified by the DAOProptech’s internal system as well. At this stage, the investor has successfully become an ‘area rights’ owner within the DAOProptech system.
“Locked” means that since the investor’s payment has been successfully processed by DAOProptech’s internal vetting system, it is now going to be locked on ‘blockchain’ technology that is operational throughout DAOProptech’s integrated system and would be publicly available to all the relevant parties.
“Discarded” means that after a Lead has exhibited certain interest in a particular property on the Portal and upon following up on such an interest you are informed of their intention of merely testing the site out or surveying the site just for informational purposes and/or otherwise; such a Lead is no longer promising and any area rights locked by them thus become discarded.
With these tools or methods of traceability offered to you through the Affiliate’s Portal, you can help map the route your leads/investors are taking to not only follow up on their interests; rather you can also gauge when your commission payments are likely to be due. Once an investor’s property interest is locked on the blockchain, and their ‘wallet’ has been credited with area rights in a Project, your commission payment become due in your favor as per the schedule of charges as provided herein.
Eligibility for Commission
You may become eligible for retrieving the commission as defined under this Agreement if you have successfully completed the steps expected of you to onboard an investor on our Platform. This means that once you reach the stage of an investor’s transaction having been authenticated by the DAOProptech’s system as locked on the Platform, then you shall be eligible to receive the Affiliate’s fee in accordance with the Schedule as attached herewith.
Your commissions will be paid to you based on the percentage of sales made by investors who’ve been onboarded through the Affiliate Portal. The percentages to be paid as commissions hereunder are presently as set forth in Schedule at the end of this Agreement. The distribution of commission payments primarily hinges on i) the particular project you are presently advertising, and ii) the size of the investment or the area rights ultimately purchased by the investor, you brought in. As a result, the amount you shall ultimately receive on account of your successful closing of the deal depends on these factors and may vary and be subject to change as determined by the property in question.
The Affiliate Portal does not provide any insights into the amount or total sums of commission payments that are or have become, due in your favor. The assessment of the remuneration or fee to be provided to you upon your successful onboarding of a client is done strictly in relevance to the percentages as pre-set for the listed properties. You have no right to commissions until the time that the investor has paid in full. DAOProptech does not take any responsibility for disbursing such amounts to you either through the Affiliate portal or through any other third party apart from the designated/authorized point of contact that shall be assigned to you for these purposes.
You are most likely to receive commission payments on a bi-monthly basis, perhaps on the 15th and the 30th of each month. Apart from these prescribed slots where your commissions–that you have earned until that point of time of the month–shall be released to you effectively, you are not entitled to, nor can you command the Company to do so, any other payments that you may be eligible for by virtue of having initiated a successful investor journey. DAOProptech does not offer payments on the basis of a single transaction alone, rather, it reconciles all the payments that become due to you as per the mentioned bi-monthly mechanism and releases them together on the defined dates/periods.
As a DAOProptech Affiliate, you promise and agree to hold all information that you receive in connection with the performance of your duties in the strictest confidence and trust for the sole purpose of benefitting the Company, both during the term of this Agreement and even at all times thereafter. You shall not use such confidential information for any purpose, no matter how reasonably necessary it may be for the performance of your duties, either for consideration or business or personal, without obtaining the prior written consent of the Company.
The Affiliate is not to disclose any confidential information to any person or entity without obtaining the Company’s prior written consent, apart from such employees or consultants as may be necessary for purposes of performing its duties hereunder and they too have executed similar agreements of confidentiality just as stringent as this Agreement. Further, the Affiliate’s responsibilities are inclusive of taking all actions necessary to ensure that any affiliates, contractors, employees, or agents abide by the terms of this section in entirety.
DAOProptech’s Investors/prospective clients
Our Investors or prospective clients are not and do not become, merely by virtue of your participation in our Affiliate Program, your customers or clients. As between you and us, all terms and conditions, rules, policies, and operating procedures, product sales set forth by DAOProptech that concern such clients/investors may be changed or modified at any time. You are not to handle any contacts with any of our clients/investors, and if contacted by any of our clients/prospective investors, you will inform them that they are to adhere to contact directions as provided on our website to address customer concerns or issues.
You represent, warrant, and covenant that:
- You have read, reviewed, and understood this Agreement and have agreed to be bound by its
- you will participate in the Affiliate Program and access, maintain, update, and operate the Affiliate Portal in accordance with the terms of this Agreement;
- by participating in this Affiliate Program, you are not in violation of any applicable laws, rules, regulations, ordinances, permits, guidelines, codes of practice, licenses, judgments, decisions, or any other requirements of any governmental or regulatory authority that has jurisdiction over you;
- During your tenure with DAOProptech, you will not make any statements or produce any content that is, in our opinion, perceived to be or is, harmful, obscene, unlawful, explicit, defamatory, harassing, racially, morally, ethically, religiously or otherwise objectionable or violates the Terms of Service
- you are lawfully able to enter into contractual obligations (e.g. you are of majority age and/or are not otherwise legally constrained from contracting on your own behalf);
- your decision to undertake your obligations under this Affiliate relationship is a result of your independent evaluation of harboring the desire to participate in such a Program and you are not relying on any representations, guarantees, or statements other than those as set out in this Agreement;
- you will comply with all the applicable laws, regulations, and obligations consistent with the workings of the Company and not infringe them in any way that could make DAOProptech potentially liable;
- the information you provide in connection with the Affiliates Program is accurate and complete at all times. You can update your information by logging into your account on the Affiliate Portal and selecting “Account Settings”.
- Every prospective investor you bring in is genuine, valid, and unique and meets the criteria of making a legitimate investment for you to generate a commission payment as enumerated in this Agreement.
The Affiliates will have a non-exclusive, limited-term license to use DAOProptech’s trademarks, logos, and copyrighted materials that we provide to you for use solely to attract investors or promote to potential clients either on their websites or other digital platforms in strict compliance with the terms and conditions of this Agreement and any other policies that DAOProptech may create and amend from time to time regarding the Affiliate program run by it. While using the proprietary license, it is most crucial that you highlight that you are an ‘Affiliate’ and not make any claims that will give the impression of DAOProptech being a personal enterprise.
The Affiliate agrees and acknowledges that DAOProptech retains all right, title and interest in and to all such proprietary materials along with all the goodwill associated with them. By working as an Affiliate, you will not acquire any trademark, copyright or other proprietary rights to such materials and you will refrain from taking any action that is or may be contrary to or inconsistent with DAOProptech’s rights to these materials.
Term and Termination
The term of this Affiliate Agreement shall commence upon your registration for, or use of the Affiliate Portal. This Agreement may be terminated at any time, with or without cause (automatically without taking any action before the courts of law and as is permitted under applicable law) by either you or us, by giving the other party written notice of termination at least ___ days prior to the date of termination or when termination is to take effect. You can provide us notice by correspondence with a Company’s personnel/official via offline channels of communication as would be made available to you or accessible by you during your relationship with us.
Additionally, we retain the right to suspend your account or terminate this Agreement upon written notice to you for any of the following:
- You are in material breach of this Agreement and are failing to rectify such breach and/or comply with the terms as enshrined herein;
- You have persistently failed to rectify or cure said breach within 7 days of our bringing it to your notice
- We are of the opinion or belief that we are at risk of facing potential claims or liability in connection with your participation in our Affiliate Program
- We believe or have come to a reasonable conclusion that our reputation or brand may be tarnished by you or in connection with your participation in the Affiliate Program
- You have manipulated or exploited our internal practices by using your participation in our Affiliate Program for fraudulent or illicit or unlawful activities
- We have previously terminated this Agreement with respect to you or other persons that we determined are affiliated with you or acting in collusion with you for any reason
- We have terminated the Affiliate Program as we changed our policy by making it available to participants
- We believe that we may become subject to tax collection requirements in connection with this Agreement or activities as performed by you under this Agreement.
After the termination takes effect, we may hold accrued unpaid commission income for a reasonable period to make sure that the correct and appropriate amount is paid (for example, to account for any cancellations or returns)
Upon termination of this Agreement (by either party), all respective rights and obligations of the parties will be extinguished, including any and all licenses granted under this Agreement, except for the rights and obligations of the parties that survive termination due to their significance e.g. warranties, confidentiality, clients belonging to DAOProptech, etc,.) will survive the termination of this Agreement. No termination shall circumvent any liability for any breach, or any liability accruing under this Agreement prior to termination.
The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules.
Limitation of Liabilities
DAOPROPTECH HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND LIABILITIES RELATED TO ANY DOWNTIME OR FAILURE INCURRED BY AFFILIATES OR INVESTORS TO BE ABLE TO ACCESS THE PORTAL. FURTHERMORE, DAOPROPTECH SHALL NOT BE HELD RESPONSIBLE FOR AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES RELATED TO ITS WEBSITE, ITS AFFILIATE PORTAL, THE AFFILIATE PROGRAM, ANY PRODUCTS OR SERVICES OFFERED ON ITS WEBSITE, ANY SPECIAL LINKS, LINK FORMATS, CONTENT, ADVERTISING CONTENT, DOMAIN NAMES, TRADEMARKS AND LOGOS, TECHNOLOGY, SOFTWARE, FUNCTIONS, IMAGES, DATA, TEXT AND OTHER INTELLECTUAL PROPERTY RIGHTS AS PROVIDED BY US OR OTHER LICENSORS OR AFFILIATES IN CONNECTION WITH THIS AFFILIATES PROGRAM AND ARE PROVIDED “AS IS” AND “AS AVAILABLE”. WE FURTHER DISCLAIM ANY AND AL WARRANTIES RELATED TO THE PROSPECTIVE AFFILIATE’S PARTICIPATION IN THE PROGRAM, THE PROSPECTIVE AFFILIATE’S ABILITY TO MAKE ANY COMMISSIONS OR OTHERWISE MAKE PROFIT THROUGH HIS ENGAGEMENT IN THE AFFILIATE PROGRAM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY CLAIM MADE BASED UPON DAOPROPTECH’S COURSE OF DEALING OF TRADE. DAOPROPTECH NEITHER REPRESENTS NOR WARRANTS THAT ITS WEBSITE OR ANY APPLICATION OR PORTAL WILL BE ERROR-FREE FOR THAT THEY WILL FUNCTION WITHOUT INTERRUPTION.
WE FURTHER CLAIM THAT WE MAY DISCONTINUE ANY OF THE OFFERINGS OF SERVICE AS MADE AVAILABLE TO YOU BY US, OR MAY CHANGE THEIR NATURE, FUNCTIONS, SCOPE, FEATURES, OR OPERATION AT ANY TIME AND FROM TIME TO TIME AND NEITHER WE NOT ANY OF OUR AFFILIATES OR LICENSORS WARRANT THAT THE ABOVEMENTIONED SERVICES WILL CONTINUE TO BE PROVIDED, WILL FUNCTION JUST AS DESCRIBED, OR WILL BE UNINTERRUPTED, ACCURATE OR FREE FROM HARMFUL COMPONENTS.
DAOPROPTECH TAKES NO RESPONSIBILITY FOR ANY DIRECT OR INDIRECT DAMAGES OR LIABILITIES OF ANY NATURE, INCLUDING WITHOUT LIMITATION, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST OPPORTUNITIES, OR ANY OTHER DAMAGES; REGARDLESS OF WHETHER DAOPROPTECH WAS OR HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME AND TOOK NO ACTION TO PREVENT IT FROM HAPPENING.
NEITHER WE NOR ANY OF OUR AFFILIATED ENTITIES OR PERSONS BE RESPONSIBLE FOR (A) ANY INACCURACIES, ERRORS, MALICIOUS SOFTWARE, VIRUSES, OR SERVICE INTERRUPTIONS YOU MAY EXPERIENCE INCLUDING INCURMENT OF POWER OUTAGES OR SYSTEM FAILURES, OR (B)ANY UNAUTHORIZED ACCESS TO OR ALTERATION OR DELETION, DAMAGE OR LOSS OF, YOUR SITE OR ANY DATA, TEXT, IMAGE OR OTHER CONTENT. NO ADVICE OR INFORMATION AS OBTAINED BY YOU FROM US OR ANY OTHER PERSON OR ENTITY THROUGH YOUR USE OF OUR SERVICES WILL CREATE ANY WARRANTY BY US THAT IS NOT EXPRESSLY PROVIDED HEREIN IN THIS AGREEMENT.
FURTHERMORE, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS OR AUTHORIZED PERSONNEL OR EMPLOYEES OR DIRECTORS BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (A) ANY LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER BENEFITS, (B) ANY COMMITMENTS, INVESTMENTS OR EXPENDITURES MADE BY YOU WHILE PARTICIPATING IN OR OPERATING AS AN AFFILIATE FOR THE COMPANY, OR (C)ANY TERMINATION OF SUSPENSION OF YOUR SERVICES AS AN AFFILIATE. ANY OF OUR LIABILITIES, REPRESENTATIONS, OR WARRANTIES AS ARE INCUMBENT ON US BY OPERATION OF LAW WILL NOT BE EXCLUDED BY THIS SECTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DAOPROPTECH SHALL HAVE NO LIABILITY FOR ANY MATTER DIRECTLY OR INDIRECTLY RELATING TO THE MAINTENANCE, CREATION OR OPERATION OF MARKETING OF YOUR SITE OR ANY MATERIALS THAT ARE AVAILABLE ON YOUR SITE OR YOUR VIOLATION OF THIS AFFILIATE AGREEMENT, AND YOU HEREBY AGREE TO DEFEND, INDEMNIFY, AND HOLD US, OUR LICENSORS, AFFILIATES, AND RESPECTIVE EMPLOYEES, DIRECTORS, OFFICERS, AND REPRESENTATIVES, HARMLESS FROM AND AGAINST ANY DAMAGES, LOSSES, CLAIMS, COSTS, LIABILITIES, AND EXPENSES (INCLUDING LAWYERS’ FEES) RELATING TO (A) ANY MISREPRESENTATION OF A REPRESENTATION OR WARRANTY OR BREACH OF A COVENANT AND AGREEMENT MADE BY YOU HEREIN, (B) THE USE, DESIGN, PRODUCTION, ADVERTISING, PROMOTION OR DEVELOPMENT OF YOUR SITE OR ANY MATERIALS THAT APPEAR ON OR WITHIN YOUR SITE, (C) YOUR VIOLATION OF ANY TERMS OR CONDITIONS OF THIS AFFILIATE AGREEMENT, (D) YOUR USE OF ANY OFFERING OF SERVICE, WHETHER SUCH A USE IS AUTHORIZED BY OR VIOLATES THIS AGREEMENT OR APPLICABLE LAW, (E) YOUR TAXES AND DUTIES OR COLLECTION, PAYMENT OR FAILURE TO COLLECT OR PAY YOUR TAX OR DUTIES, OR YOUR FAILURE TO MEET TAX REISTRATION OBLIGATIONS, (F) YOUR OR YOUR EMPLOYEES/CONTRACTORS’ NEGLIGENCE OR MISCONDUCT, (G) ANY CLAIM THAT OUR USE OF THE AFFILIATE TRADEMARKS INFRINGES ANY TRADEMARK, TRADENAME, COPYRIGHT, LICENSE, INTELLECTUAL PROPERTY, SERVICE MARK OR OTHER PROPREITARY RIGHTS OF THIRD PARTIES. WE OR OUR REPRESENTATIVE MAY TAKE LEGAL ACTION AND/OR EXERCISE OR DEFEND A LEGAL CLAIM FOR THE PROTECTION OF RIGHTS WHICH INCLUDES ENFORCING THIS SECTION.
Relationship of Parties
Please note that you and DAOProptech are independent contractors and nothing in this Agreement will be construed as creating any joint venture, agency, franchise, partnership, or employment relationship between the parties. Therefore, you hold no authority to make or accept offers or representations on behalf of the Company, nor will you make any statements, whether, through any communication channels with prospective investors or otherwise, that contradict any part of this Section.
This Agreement shall be interpreted under the laws of the Islamic Republic of Pakistan. Any and all legal actions relative hereto shall be in the courts of Islamabad, Pakistan.
We are not liable for any default or delay in the performance of any of our obligations under this Agreement as may be caused, directly or indirectly, by forces beyond our reasonable control, including without limiting this, earthquake, flood, fire, storm, natural disaster, act of God, war, terrorism, armed conflict, labor strike, pandemics or epidemics, lockout or boycott.