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Adlibris USA LLC Terms *
Parmtrade FZCO Affiliate Terms of Use

As of 1st January, 2025

These Terms of Use ("Terms"), along with any offers to which they are attached or incorporated, form the agreement ("Agreement") between Parmtrade FZCO, a private limited company registered in the United Arab Emirates, with its registered office at Dubai Silicon Oasis, DDP, Building A1, Dubai, United Arab Emirates ("Company"), and you, the Partner ("Affiliate").

I. Parties & Subject Matter

1.1. In these Terms of Use, the terms "Company," "We," and "Us" refer to Parmtrade FZCO. The terms "Affiliate" and "You" refer to the individual or entity using our Everflow platform, whether that's a person, corporation, agency, network, or any other legal entity. If you are using Everflow on behalf of a company or organization, you represent and warrant that you are authorized to do so and that you have the authority to bind the company or organization to these Terms of Use.

1.2. As the Affiliate, you confirm that you have the expertise and experience in affiliate marketing. We aim to engage you to provide performance-based marketing services, where compensation is tied to specific actions or results, such as conversions made.

1.3. To this end, the Affiliate and the Company have agreed to establish these Terms of Use, which set forth the contractual framework for the services to be provided by the Affiliate to Us.

1.4. These Terms of Use outline the terms and conditions under which the Affiliate may participate in the affiliate marketing program ("Program") offered by Parmtrade FZCO. By participating in the Program, Affiliates agree to abide by the terms set forth in this agreement.

II. Affiliate Program Obligations:

2.1. The Company shall determine Affiliates status at its sole discretion.	

2.2. Affiliates shall have the opportunity to promote Company’s offers/products as may be determined from time-to time (the “Offers/Products/Items”) in accordance with the terms of this Agreement. 

2.3. Affiliates shall direct potential purchasers of the Offer/Product to the dedicated links provided by the Company. Affiliates will not receive these dedicated links until they have confirmed that they have read and understood the terms of this Agreement by clicking the "I agree to these terms" button.

2.4. Affiliates shall promote and market our offers using promotional materials supplied or approved by the Company. All promotional materials - such as emails, landing pages, ads, and social media posts - must align with the Company’s branding and must not be false or misleading. Any suggested copy for emails or social media ads is to be used across the Affiliate’s marketing channels, in accordance with the terms of this Agreement. Affiliates are prohibited from using social media profiles, usernames, or channels that include the Company’s trademarks, domains, or any names or variations of names currently in use by the Company, unless explicitly authorized or as part of an approved promotion.

2.5. All promotions must comply with all applicable laws, rules, and regulations, and it is the Affiliates sole responsibility to ensure this compliance.

2.6. Affiliates are strictly prohibited from bidding on any of the Company’s trademarks, including variations or misspellings, in search or content-based campaigns on platforms like Google, Bing, MSN, Yahoo, etc. Brand bidding campaigns are not permitted, including the use of the Company’s brand keywords in Performance Max campaigns.

2.7. Purchasing domains that include the Company’s brand names, or any variations of it, including exact or partial matches, is strictly prohibited.

2.8. Affiliates may not use Company’s Trademarks in ad titles, ad copies, display names or as the display URLs. Affiliates may as well not use Company’s brand design elements, such as logos or favicon as well as the Company’s brand name in the footer or header section of the Affiliates website.

2.9. FAKE ENDORSEMENTS / CELEBRITY ENDORSEMENTS ARE STRICTLY FORBIDDEN. As a Partner, you will take full responsibility if this part of the agreement is not adhered to.

III. General Terms & Conditions

Compensation

3.1. The Affiliates commission structure will be determined at the Company’s discretion and confirmed through email or other communication platforms between the parties.

3.2. Commissions will only be eligible for items purchased by customers who use the Affiliates dedicated unique links. The Company will be responsible for processing orders and will handle all customer service issues related to its websites, marketing materials, digital and physical assets.

3.3. Commissions will be tracked through the dedicated unique links provided by the Company. Affiliates are required to use the provided link prior to promoting the offer to ensure proper tracking. Commissions cannot be paid if the Affiliates fail to use the correct link unless recovery of sales made are possible.

3.4. Commissions will not be paid for fraudulent sales or if returns or chargebacks exceed the Company’s established internal benchmarks. The Company reserves the right to withhold commissions if the Affiliates fail to comply with any of the Affiliate Program Obligations. Such failures will be considered a material and incurable breach of this Agreement.

Confidentiality

Neither party shall, during the term of this Agreement or at any time thereafter, disclose, use, or share any of the other party’s confidential information, knowledge, or know-how for the benefit of any third party, including individuals, partnerships, corporations, or other entities. Disclosure may only be made to employees, financial advisors, and legal representatives who need the information to fulfill obligations under this Agreement. Each party shall take appropriate precautions to ensure that their employees maintain the confidentiality of such information.

Termination

Either party may terminate this Agreement by providing thirty (30) days' prior written notice to the other party.  Upon termination, the Affiliate must immediately cease all promotions and remove all links to the Company’s content.
The Company may terminate this Agreement immediately for cause, which includes but is not limited to:
(a) Conduct by the Affiliate that negatively impacts the reputation of the Company and its Offer/Product;
(b) Consumer complaints about the Affiliate’s deceptive marketing practices;
(c) Misuse of the Company’s branding or promotional materials in a way that is inconsistent with the Company’s goals, branding, or intent for its Offer/Product;
(d) Any deviation by the Affiliate from the highest standards of professional and ethical conduct;
(e) Violation of any applicable law, rule, or regulation.

Indemnification

The parties hereby agree to indemnify and hold each other (and their respective corporate affiliates) harmless from any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties, and expenses (including reasonable attorneys' fees) arising from any action, claim, or proceeding against them, or any of them, for or by reason of:
(a) any acts, whether by omission or commission, committed by a party or its employees, agents, or representatives in connection with the performance or failure to perform under this Agreement;
(b) any breach of any representation, warranty, or covenant made under this Agreement;
(c) the sale, marketing, advertisement, or promotion of the Company’s Offer/Products.
 
IN WITNESS WHEREOF, Company and Affiliate have executed this Agreement as of the day and year first above written.
I agree to Adlibris USA LLC's Terms of Service