0.5. 8.3 The Company shall not, under any circumstances, be liable to the Affiliate for any special, consequential, incidental, punitive, exemplary, or indirect costs or damages, including, but not limited to, litigation costs, installation and removal costs, or loss of data, production, profit, or business opportunities. Set danmaku color. 4.3 All orders for any Products on the Channels are subject to acceptance or rejection by an authorized officer of Company at its home office and to the approval of the Company's credit department. If the Parties cannot reach an amicable settlement of such dispute within 15 days, then the matter shall be referred to mandatory and binding arbitration in accordance with the Arbitration Act No 11 of 1995 and arbitration rules then in force, and that the arbitration hearings shall be held in Colombo, Sri Lanka, in the English language, presided over by a single arbitrator. If the Parties cannot reach an amicable settlement of such dispute within 15 days, then the matter shall be referred to mandatory and binding arbitration in accordance with the rules of the Arbitration Act, 1940 of Pakistan in force, and that the arbitration hearings shall be held in Karachi, Pakistan, in the English language, presided over by a single arbitrator. 6.5 The obligation of confidentiality and limited use shall survive termination of this Agreement and continue even after the termination or expiry of this Agreement. 1.25. 1.2 “Affiliate” or “You” shall have the meaning given to the term in the Preamble above (i.e. 4.2 The Company shall be the custodian of record with respect to all Net Sales of Products, Commissions, and Commission Exemptions. 1.1 Advertising Material shall mean any advertising materials provided by the Company to the Affiliate, to be published by the Affiliate on the Affiliate’s Accounts solely for the purposes of conducting the Promotion of the Channels, in accordance with the terms and conditions herein. 6.2 If, for the purposes of this Agreement, a Party discloses any Confidential Information to its employees, it shall notify such employees of the confidential nature thereof and make all necessary efforts and take all precautions to bind such employees to keep the Confidential Information strictly confidential. a charge that is returned to a Customer’s payment card Set danmaku type. Video duration. The information is in the public domain, other than through a breach of this clause; c. For the purposes of any arbitration or legal proceedings arising from this Agreement; and. 11.4.5 By mutual agreement of the Parties in writing specifying the effective date of termination. Commission payments against an Invoice shall be payable by the Company to the Affiliate on or before the 15th day of the calendar month in which that Invoice was issued (subject to the provisions of Clause 3.3.2 hereunder). 1.13 “Hyperlink” shall mean a link provided to the Affiliate by the Company, to the The waiver by either Party of a right, default, or breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any subsequent right, default, or breach. 1.18 “Promotion” shall have the meaning given to the term in Clause 2.1 hereunder. 7.6.14 not purchase any Products from any Channels through the Promotion, nor through using a Hyperlink, nor through use of any Voucher Codes linked to the Promotion under this Agreement. 1.19 “Returns and Refunds Policy” shall mean the applicable Company policies which govern the procedure for returns and refunds of Products by Customers on the relevant Channels located at Returns and Refunds Policy of Sri Lanka. c. For the purposes of any arbitration or legal proceedings arising from this Agreement; and Don’t have an account yet? 0.5. 1.7 “Click” shall mean a Customer’s click on a Hyperlink provided by the Affiliate, which routes that Customer directly to the Channel(s). Each Party acknowledges and represents that he has read and understands this Agreement, and each and every provision and term of this Agreement. The waiver by either Party of a right, default, or breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any subsequent right, default, or breach. 1.14 “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. 3.5.2 Where the Affiliate raises a dispute under Clause 3.5.1, the Company shall conclusively investigate the dispute to determine whether or not there is any merit to the dispute, and if so, the Company shall adjust the Commissions payable in favour of the Affiliate on the following Invoice. To comply with the mandatory provisions of applicable law or the rules of any recognised jurisdiction; b. Video info. 7.5.4 it will not use in the performance of its responsibilities under this Agreement any confidential information or trade secrets or intellectual property of another person or entity without the appropriate license, authorization, permit or 7.3 The Affiliate shall not, without the Company’s prior written approval, make any representations or guarantees concerning the Products or accept the return of, or make any allowance for such Products. Following termination, the Company shall be entitled to withhold Commissions accrued up to the effective date of termination for a reasonable period after said Commissions become due and payable, to ensure all corresponding Commission Exemptions have been accounted for prior to paying said Commission. As such, Daraz sellers will not be charged the sale commission for a period of two months. Turn up the notch on your learning with Daraz University now! 6.1 Unless otherwise specified in the Agreement, all information exchanged during the course of the Agreement (“Confidential Information”) shall be regarded as confidential between the Parties and shall not be disclosed to any unauthorized person or used by the recipient other than for the purpose to which it relates. Sellers will also have access to their sale revenues directly to their banks within the least number of days, through an expedited process. 3.4.4 For Commissions which are linked to any breach of the Affiliates obligations or representations under this Agreement; 1.22 “VAT” shall mean value-added taxes. 3.4.2 For Commissions paid against a previous Invoice, for a Product against which a Commission Exemption under Clause 3.2 (b), (c), (e), or (f) occurred after that corresponding Invoice was issued (or if the Company became aware of such Commission Exemption after the corresponding Invoice was issued); Reselling the same further ) analysis of the Products shall continue in full force and effect Pakistan, Bangladesh Nepal. And more a product with the Company commission from the Affiliate shall abide by Company s. S policies and communicate same to the term in Clause 3.2 hereunder Trading Policy defines what are the activities! 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