EcoSwap Listing Terms and Conditions
These Partner Listing Terms and Conditions (“Partner Listing T&C’s”) form a legally binding agreement by and between EcoSwap by MVG VENTURES GROUP LTD having a registered business address at Steliou Mavrommati 55, Agios Dometios, 2364 Nicosia, Cyprus. (“EcoSwap,” “We,” “Us,” and “Our”) and an individual or entity wishing to use the services provided by EcoSwap (the “Partner,” “You,” and “Your”).
Our Partner Pay-per-Click program (the “PPC Program”) gives You maximum brand exposure on the EcoSwap platform, including, without limitation, the website www.ecoswap.me, and resources (collectively, the “Website”) driving qualified prospects to your website that are three times more likely to convert into a paying customer than the industry average.
The Partner agrees to grant EcoSwap all rights necessary to deliver the services described hereunder.
We agree to showcase Your eco friendly products offering (“Your Offering”) on the Website and offer you the opportunity to position Your Offering at the very top of the vendors list by using our customisable bids. You will be able to control Your products’ position and traffic volume with easily adjustable bids which can be controlled and manipulated through the dashboard of Your account.
Through Your dashboard, You will be able to manage Your daily budget. You will receive a notification, each time Your daily budget drops below 20% of your total daily budget and again when it reaches 0.00. The PPC program allows You to immediately respond and make budget adjustments where necessary. If You deplete Your daily budget before the end of the day, Your product listing(s) and the buttons on Your listing(s) and any associated ad unit(s), allowing users to click through to Your website, will be automatically hidden. They will be reinstated again at the beginning of the next day.
All of Your product listing(s) will be appended with a UTM (Urchin Tracking Module) allowing You to easily track and measure the performance of Your PPC campaign more effectively.
Your very own EcoSwap Account Manager will be able to assist You with campaign optimisation, budget management and more.
We are confident that You will be satisfied with our PPC Program performance, however, You can choose to Opt Out of the Partner PPC Program at any time. If you decide to opt out by pausing the promotion of Your products, Your product listing(s) will be hidden from the EcoSwap website and You will no longer receive traffic to Your website.
The Partner agrees to provide EcoSwap with relevant video, text, images, and other materials (the “Materials”), for the purposes of facilitating the delivery of the PPC Program as well as in order for EcoSwap to determine/ assess the potential suitability of a brand/business to become an EcoSwap Partner. The Partner acknowledges and agrees that the Partner owns and controls the rights to the Materials. To the extent the Partner owns and controls such rights, the Partner hereby grants EcoSwap a non-exclusive, perpetual, royalty-free, revocable and worldwide license, with rights to sublicense through multiple levels of sub-licenses, to record, reproduce, make derivative works from, distribute, publicly perform, and publicly display in any form or medium, whether now known or later developed, make, have made, use, sell, import, offer for sale, and exercise any and all present or future rights to the Materials for the purpose of providing EcoSwap services, free and clear of any mortgage, pledge, lien, charge, security interest, claim or other encumbrance. The Partner further acknowledges and agrees that EcoSwap may, without a separate prior authorisation from the Partner, copy, reproduce, publish, transmit, transfer, sell, rent, modify, create derivative works from, distribute, repost, perform, display, or otherwise use for any purpose whatsoever, the Materials for any and all commercial and non-commercial purposes, without credit or payment of royalties to the Partner, as is required for the provision of the EcoSwap services.
Payments and Refund Terms
Your participation in the PPC Program shall commence upon Your acceptance of these Partner Listing T&C’s and payment of the Fees will be due and will continue to be due until your participation in the PPC Program is terminated by either You or EcoSwap.
EcoSwap shall be entitled to cancel provision of the PPC Program, without notice and without any obligation to refund any amount paid in lieu of the month of termination, in the event that the Partner (i) is in default in respect of payment of any invoices or Fees due or (ii) materially breaches these Partner Listing T&C’s.
The Partner shall be entitled to cancel their participation the PPC Program at any time.
Upon cancellation: (i) all content related to the PPC Program shall remain on the Website; (ii) the Partner’s Product’s listing(s) will be automatically hidden; and (iii) the Partner will not receive PPC Program traffic until such a time as a daily budget is reinstated.
EcoSwap reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PPC Program and the Website (or any part thereof).
EcoSwap shall not be liable to the Partner or to any third party for any modification, change of Fees, suspension or discontinuance of the Website and the PPC Program.
From time to time, EcoSwap may issue an update to the EcoSwap systems that may add, modify, and/or remove features to the Website. These updates may be pushed out automatically with little or no notice, although EcoSwap will take all reasonable steps to notify the Partner in advance of an upcoming update, including details on what the update includes.
EcoSwap makes no warranty concerning Your Offering or any content or articles created, published or promoted by EcoSwap and its agents, affiliates and publishers with regard to Your Offering, and assumes no liability therefor.
EcoSwap will not be held liable for any special, indirect, or consequential loss or damage nor does it accept liability for errors in any advertisement published, nor of its failure to appear on any specific date. The Partner agrees to indemnify, defend, and hold harmless EcoSwap for any and all liability for content (including text, illustrations, representatives, sketches, maps, trademarks, labels, or other copyrighted matter), or advertisements printed, or the unauthorised use of any person’s name or photography arising from EcoSwap’s reproduction and publishing of such content/articles pursuant to the Partners order.
The Partner agrees and acknowledges that, due to the nature of the PPC Programs, success and improvement in sales and revenue and/or an increase in engagement is not guaranteed. The Partner acknowledges that any reliance on EcoSwap services is undertaken at Partner’s own risk.
In order to be a comprehensive resource for the eco friendly/zero-waste/sustainability industry, EcoSwap includes Product listings that are current, relevant to the Users, and are currently marketed, sold and fit into a predetermined industry category found on the Website.
To provide the most helpful user experience, Our management and content team will determine whether Your Offering is a logical fit for a category through Your outreach or research on Your website. In some instances, a request for further information or an interview will be submitted; You hereby agree to provide such information.
EcoSwap will either create Products listings from publicly available information or work with the Partner to undertake a review and create or update a listing that is accurate and best reflects Your Offering.
Our aim is to list or review resources, services and solutions that fit within one of Our categories and eco friendly criteria. To determine whether Your Offer fits, We will take into account the following criteria, at Our sole discretion:
PLEASE NOTE: While the Website serves a resource to host Your Offerings, We are not responsible for ensuring the legal and/or regulatory compliance of Your Offerings. We do not provide any legal advice related thereto. .
EcoSwap retains all right, title and interest in and to the Partner listings that EcoSwap creates from publicly available content (excluding any intellectual property owned by the Partner) and grants to the Partner the opportunity to request an update and (at Our discretion) a modification of the Partner listing, subject to the following:
In keeping with Our goal to be a comprehensive resource for the eco friendly/zero-waste/sustainability and associated industries, We will not remove a Partner listing that is currently marketed or sold and fits into one of Our categories. We will work with the Partner to update the listing to ensure it is accurate and best reflects Your Offering.
If a Partner is no longer in business or Your Offering is no longer being sold (as clearly reflected on a Partner’s website), We will either (i) review and remove Your Offering from the Website; or (ii) keep the listing and indicate that Your Offering is no longer sold or Your business has been discontinued.
This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Cyprus without regard to any choice of law statute or the place of performance. The venue for any suit, action or proceeding under this Agreement shall be any court of competent jurisdiction of the State of Cyprus located in Nicosia.
We reserve the right to modify or remove a Partner listing if, in Our view, the listing fails to comply with these Partner Listing T&C’s.
“Confidential Information” shall mean any information regarding any trade secrets and/or information, in whatever form, regarding the business or operations of EcoSwap or the Partner that is the confidential and proprietary information of the disclosing party and is not generally known to the public or to the recipient party as of the date of disclosure, provided that Confidential Information will not include information which can be clearly demonstrated that: a) at or prior to the time of disclosure by the disclosing party was known to the receiving party through lawful means; b) at or after the time of disclosure by the disclosing party has become generally available to the public through no act or omission on the receiving party’s part; c) is developed by the receiving party independent of any Confidential Information it receives from the disclosing party; or d) the receiving party receives from a third party source who, to receiving party’s knowledge, is free to make such disclosure without breach of any legal obligation.
For a period beginning from the start of the PPC Program and continuing for three (3) years following the termination of the PPC Program, the receiving party agrees that it will not disclose the disclosing party’s Confidential Information to any third party, or use any of the disclosing party’s Confidential Information for any purpose other than to fulfil its obligations or exercise its rights under these Partner Listing T&Cs, in each case without the prior written consent of the disclosing party. The receiving party shall limit access to the Confidential Information to those representatives, agents and affiliates (i) who know such information solely for the purpose of fulfilling the terms and conditions of this Agreement; (ii) who have been informed of the confidential nature of such information; and (iii) who agree to act in accordance with these Partner Listing T&C.
The relationship between EcoSwap and the Partner is that of Client to Service Provider. No joint venture, partnership, agency or fiduciary relationship exists between EcoSwap and the Partner and they do not intend to create any such relationship by these Partner Listing T&C’s. Neither party is, nor will either party hold itself out to be vested with any power or right to bind the other party or to act on behalf of the other party as agent or otherwise.
The Partner warrants that: (i) Your Offering will be supplied in a professional and workmanlike manner; (ii) Your Offering will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; and (iii) the Partner has the full right to provide EcoSwap with the assignments and rights provided for herein.
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