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Terms & Condition

TERMS OF USE - SHOPPERJAM

Last version on July 20, 2020.

These Terms of Use govern the use of the technological tools in the SHOPPERJAM PLATFORM

The acceptance of these Terms of Use comprises a non-exclusive use of the technological tools contained within the SHOPPERJAM PLATFORM to the USERS. These technological tools are licensed the manner in which they are provided, and may be modified, substituted or removed from the SHOPPERJAM PLATFORM without previous notice. The compliance to these Terms of Use is indispensable to the legitimate use of such tools.

The USER expressly declares that he or she is aware of and in acceptance with the Terms of Use of the SHOPPERJAM PLATFORM, including Privacy Policies and Intellectual Property Rights, and, although presented in separate documents, are an integral part of these Terms. The use of the technological tools contained within SHOPPERJAM not in accordance with the following terms may lead to the suspension of the account or the cancellation of the USER’s registration, the consequent and immediate termination of previously existing license to use and other eventual sanctions, as detailed below.

PROVIDER OF TECHNOLOGICAL TOOLS AND SERVICE PROVIDER

The technological tools contained within the SHOPPERJAM PLATFORM are provided by SHOPPERJAM C.A., a Paraguayan company based at Asuncion, to be used in any country in the world.

DEFINITIONS

Whenever the terms below are used in capital letters in these Terms of Use, they will be used in reference, as detailed below:

  • SHOPPERJAM PLATFORM or SHOPPERJAM – Online platform that aims to connect PRODUCERS, AFFILIATES and potential BUYERS interested in the CONTENT promoted through the technological tools contained within the platform;
  • CONTENT – content in different digital formats (video, audio, text, software, etc.) also referred to as DIGITAL PRODUCT created by the PRODUCER or by a third party that has authorized the exclusive commercial exploitation by the PRODUCER which is provided by the PRODUCER for promotion and sales using the technological tools within the SHOPPERJAM PLATFORM;
  • USER – any person who accesses the SHOPPERJAM PLATFORM, regardless of having registered as a PRODUCER, AFFILIATE, or BUYER;
  • PRODUCER – USER entitled to intellectual property rights of a CONTENT or holder of valid authorization of exclusive commercial exploitation of CONTENT and that uses the technological tools within the SHOPPERJAM PLATFORM to enable promotion and sales of such CONTENT. USERS who act in partnership with another Producer and jointly launch, distribute and market DIGITAL PRODUCTS. Such PRODUCER, also named COPRODUCER shall fully comply with the Shopperjam's Terms of Use and Policies, in addition to the rules and terms of CO-PRODUCTION accepted by PRODUCER and COPRODUCER at the time of forming the partnership in on the PLATFORM. 
  • AFFILIATE – USER who registers for the SHOPPERJAM program for CONTENT promotion, and, using technological tools within the SHOPPERJAM PLATFORM, promotes CONTENT made available for a specific PRODUCER on websites, blogs, pages and social media communities, etc., and receives remuneration if any negotiation is completed due to their promotional efforts according to an identification register of this AFFILIATE in the tracking tools of the SHOPPERJAM PLATFORM;
  • BUYER – USER who acquires CONTENT through the technological tools made available by the SHOPPERJAM PLATFORM

INTENDED PURPOSE OF TECHNOLOGICAL TOOLS AND SERVICE PROVIDED

The technological tools within the SHOPPERJAM PLATFORM allow the PRODUCERS to promote and market their CONTENT without the need to develop their own online platform, as well as AFFILIATES to be identified as intermediaries in specific purchase and sale transactions and receive the respective remuneration.

The PRODUCER relies on the technological tools for the automation of delivery of CONTENT, such as: (i) Members Area (through which the PRODUCER may control the access of his customers to the CONTENT made available); (ii) Sales Funnel (through which there is the possibility of creating lead capture pages, sales pages and other features that call the attention of the BUYER); and (iii) Checkout (through which the purchase and sale transaction may effectively be completed).

The AFFILIATE relies on technological tools that track their sales referrals and help to manage the results of their promotion of CONTENT, such as cookies (with a minimum period of 60 days); alternative dynamic pages (through which the AFFILIATE can use relevant content to create sale links, increasing their capability of attracting BUYERS); pixel tracking (through which the AFFILIATE can track the conversion of the advertisement in Facebook Ads) and reports which show the origins of clicks and sales.

The SHOPPERJAM PLATFORM also provides tools for the respective USERS to receive remuneration, which allow credit to be generated for the users through the sale of PRODUCTS, as detailed in the item PAYMENT MANAGEMENT.

In compliance with international guidelines issued by organizations such as the Office of Foreign Assets Control (OFAC), the SHOPPERJAM PLATFORM does not accept transactions and/or operate with users located in specific countries or regions, in compliance with global standards and good practices concerning the prevention of money laundering, fraud, and illegal financial activities. 

REGISTRATION, LOGIN, PASSWORD, AND SECURITY

By using the SHOPPERJAM PLATFORM, the USER declares to be over the age of 18 years and to be in full capacity to exercise all acts of civil life.

To use the SHOPPERJAM PLATFORM, it is mandatory that the USER adequately complete and provide correct information for all fields required by SHOPPERJAM in the registration page on the website.

The USER will be the sole person responsible for his or her login and password, and will answer for all acts taken using such login and password. Therefore, it is the duty of the USER to maintain his or her confidentiality of the password. 

The USER agrees that the information provided at the moment of registration in the SHOPPERJAM PLATFORM may be supplied to the BUYER, AFFILIATE or PRODUCER, in case of: infraction of these Terms of Use that may inflict damage to other USERS of the Platform or third parties; suspicion of fraud; dispute; complaint about the product being sold or any evidence of wrongful act performed by the USER, when necessary, in order to comply with contractual obligations agreed among the parties (SHOPPERJAM, USERS, and BUYERS), and in a legitimate and to comply with current legislation, especially fiscal and tax related.

After competing their first sale through the PLATFORM, PRODUCERS and AFFILIATES should provide bank details, including a bank account under their name to receive the amount of money from completed transactions through the tools within the SHOPPERJAM PLATFORM. It is not allowed the registration and/or the transfer of amounts due to USERS to third party bank accounts, through the SHOPPERJAM PLATFORM, except in rare cases, through a specific procedure, at the exclusive discretion of Shopperjam.

Beyond this, USERS registered as an individual will not be allowed to register a bank account located in a country other than the country registered on their PLATFORM account. The USER is responsible for the correctness of registered data, responding to developments resulting from the incorrectness of the data and information provided at the time of registration. For instance, by incorrectly registering the USER’s email, the USER may no longer receive relevant information about the PLATFORM or even lose access to the acquired content. Therefore, it is of utmost importance that the USER keeps his registration information updated and revise this data every 06 months from the time of first registering or making a purchase.


RULES FOR THE INCLUSION OF CONTENT IN THE PLATFORM BY A PRODUCER

The PRODUCER may make use of the tools within the SHOPPERJAM PLATFORM to sell his or her CONTENT directly or to make it available for promotion.

In order to do so, the USER must:

(i) register in the SHOPPERJAM PLATFORM as a PRODUCER, taking responsibility for the appropriate use of the tools within the SHOPPERJAM PLATFORM, as well as to seek the necessary clarification through the channels made available in the SHOPPERJAM PLATFORM in case of any doubts;

(ii) accept and honor the Terms of Use and Policies from SHOPPERJAM;

(iii) be the author of CONTENT or hold authorization from the owner of copyright over the CONTENT to promote and sell such CONTENT in exclusive fashion, taking responsibility not to concede authorization to third parties to exploit the CONTENT concurrently;

(iv) respect all the indications of PROHIBITED CONTENT in these Terms of Use, abstaining from adding PROHIBITED CONTENT in the SHOPPERJAM PLATFORM, and honor to be the sole person responsible for the CONTENT added in the SHOPPERJAM PLATFORM;

(v) include the CONTENT in the SHOPPERJAM PLATFORM providing all the information required about him or herself (including bank information), about the pricing of the CONTENT and payment methods, about the rules of acceptance and commissions to AFFILIATES (percentage and possibility of earnings for first referral, last referral or sharing commission for first and last referrals), about the warranty period (15 or 30 days), being able to change this information at any time, without previous notice, but taking responsibility towards AFFILIATES and BUYERS to honor the information at the moment of each transaction;

(vi) wait the necessary time period the CONTENT to be available for promotion and sale in the SHOPPERJAM PLATFORM, since the CONTENT may be analyzed for its conformity with these Terms of Use, and if the CONTENT is not in conformity with these Terms of Use, it will not be published;

(vii) abstain from selling the CONTENT through any other means other than the SHOPPERJAM PLATFORM;

(viii) to use, exclusively, the provided payment tools and solutions on the SHOPPERJAM PLATFORM 

(ix) accept, per his or her criteria, the requests for affiliation to his or her CONTENT, pledging to sell the CONTENT and pay the due commission for its promotion by the AFFILIATES exclusive through the means made available in the SHOPPERJAM PLATFORM;

(x) follow the rules of commissions owed to AFFILIATES who have performed the promotion and sale of CONTENT, letting the AFFILIATES know 30 (days) in advance in case he or she (the PRODUCER) decides to cancel the affiliation program to the CONTENT;

(xi) take full responsibility towards the AFFILIATES who feel wronged for not receiving commission due to the use of fraudulent means that lead to the disregard in the SHOPPERJAM tracking system;

(xii) take full responsibility for providing clear and objective information about the CONTENT offered through the tolls within the SHOPPERJAM PLATFORM, keeping it updated and compatible to the information announced in their websites, sales pages and members areas external to the SHOPPERJAM PLATFORM, etc., as well as taking responsibility towards the BUYERS for eventual discrepancies, especially in what refers to prices of CONTENT and warranty periods in case of lack of updates;

(xiii) take full responsibility to deliver the CONTENT to the BUYER, especially if it is made through posts and members areas external to the SHOPPERJAM PLATFORM, as well as guaranteeing that the BUYER is able to use the CONTENT the manner it was offered; take responsibility for the full compliance to all legal obligations related to sales made through the use of the tools within the SHOPPERJAM PLATFORM;

(xiv) respect the warranty period that is stated in the registration of the CONTENT, which cannot be shorter than 15 (fifteen) days in the SHOPPERJAM PLATFORM, committing to accept the eventual request of cancellation of the sale by SHOPPERJAM  thus authorizing SHOPPERJAM to deduct the values from the balance in the balance for purposes of refund;

(xv) take full responsibility to solve any problems, especially of a technical nature, that occur with the CONTENT after the delivery to the BUYER, accepting the obligation of providing adequate support to the BUYER whenever requested, as well as answering the eventual queries from the support team of the SHOPPERJAM PLATFORM, making the adequate customer service to the USERS possible;

(xvi) take responsibility for changing, whenever necessary, the information related to the CONTENT, as well as suspending or canceling its promotion whenever it does not comply to any of the conditions stated in these Terms of Use, without any disregard to the obligations from the promotion period;

(xvii) honor the FEES deriving from the use of the technological tools within the SHOPPERJAM PLATFORM and honor their legal, regulatory, fiscal and tax obligations, if, where and when they occur;

(xviii) concede to SHOPPERJAM, at the moment of the transaction, the copyrights and intellectual property related to the CONTENT for all effects and purposes in a free, irrevocable, irreparable, and non-exclusive capacity, for as long as the CONTENT is registered on the SHOPPERJAM PLATFORM, exclusively with the objective of allowing SHOPPERJAM to resell the CONTENT regularly. In this way, the referred concession of copyrights by the PRODUCER to SHOPPERJAM does not mean, in any way, that the CONTENT and the associated rights belong to SHOPPERJAM  but only that SHOPPERJAM is authorized to resell the CONTENT, and the PRODUCER retains all the rights and obligations related to the CONTENT marketed on the PLATFORM. In addition, concession of copyrights in this item is applicable only to the operations carried out through the tools made available by SHOPPERJAM, in a capacity of reseller in such cases;

(xix) accept and respect all the policies from the SHOPPERJAM PLATFORM, especially its Code of Conduct and Addendum, recognizing that, at the moment of registration on the PLATFORM, you were made aware of such documents, which are duly published on the SHOPPERJAM website, being subjected and committed to observe all the rules, principles and norms in them;

(xx) take full responsibility for complying with applicable laws and norms related to the protection of personal data, especially the General Data Protection Regulation (GDPR) from the European Union, being responsible for obtaining the expressed and unequivocal consent from users in what refers to the collection, storage, treatment and processing of personal data, in the terms of the applicable legislation;

PROHIBITED CONTENT

The advertisement or sale through the SHOPPERJAM PLATFORM of the following products is expressly forbidden:

• Products that allude to firearms, narcotics, toxic substances, and any type of illegal drugs, as well as any illicit substance and/or any substance demanding a medical prescription for its consumption; 

• Products taken from others, stolen, or robbed;

• Products that are counterfeit or adulterated;

• Shares of companies traded in the Stock Exchange;

• Mailing lists or personal databases;

• Products that violate the intimacy, honor, image, name, or any other sort of personal rights of others;

• Products in any way connected to pedophilia, prostitution or the like, pornographic material, containing nudity or sexual acts, in any way obscene or contrary to morals and good customs;

• Product that are designed to promote smoking;

• Products that promote pyramid schemes, multi-level marketing or similar schemes whose operations depend primarily on financial resources contributed by new participants to unsustainably remunerate previous participants, causing losses those entering last;

• Products that promise success in lotteries and gambling; as well as any type of activity or practice that depends on factors related to chance for one’s success;

• Products that promote violence and/or discrimination based on matters of race, gender, religion, nationality, sexual orientation, or any other kind;

• Products that promote the achievement of any kind of result, be it physical, mental or otherwise, without robust scientific support and/or recognition by the competent organizations and;

• Products that contain songs, images and videos in any formats, if they are not expressly authorized by the copyright owner;

• Products that violate the intellectual rights of others, such as products that violate software, copyright, patents, brands, models, and industrial designs, especially products that contain software for OEM, NFR, copies or backup files, license, academic programs and/or developed for any educational entity, or industrial secrets;

• Products that are affected by any sort of restriction regarding their use, exploitation or transference of dominion or possession;

• Products that do not present, clearly, in their offer and promotion, the provisions related to their form of purchase and consumption, price, support contact, rules of reimbursement, cancelation, warranties, renewal, among other information required by law.

• Products whose characteristics indicated a high potential for fraud, money laundering and terrorist or illegal activity, as seen by the applicable rules and recommendations of national and international bodies on the subject;

• Products and courses that guarantee their recognition by the responsible organizations (e.g. the Ministry of Education etc.) without proof of such recognition. 

• Products in which the discrepancy between the registered price and the value actually delivered to the buyer, due to the niche, nature and peculiarities of the content, show strong indications of abuse and/or irregular practices. 

• Any products whose sale, promotion and/or exploration are expressly prohibited by laws in effect in the location of the transaction.

• It is noteworthy that, despite not carrying out any editorial control and/or revision of the contents registered on the PLATFORM, being limited to the analysis of conformity of the products to the Terms of Use, SHOPPERJAM reserves the right to not accept and/or exclude from its PLATFORM content that violates applicable laws, best practices towards consumers or that are against the company’s culture, the unregistering of such content that does not generate any kind of right, damage or prejudice to the USERS.


RULES FOR THE PROMOTION OF CONTENT BY AFFILIATE

In order to promote CONTENT included in the SHOPPERJAM PLATFORM, the USER must:

(i) register in the SHOPPERJAM PLATFORM as an AFFILIATE, taking responsibility for the appropriate use of the tools within the SHOPPERJAM PLATFORM, as well as seeking the necessary clarification through the available channels in the SHOPPERJAM PLATFORM in case of doubts;

(ii) accept and respect the Terms of Use and Policies of SHOPPERJAM;

(iii) be a candidate to promote certain CONTENT to a respective PRODUCER, by using the correct field in the SHOPPERJAM PLATFORM;

(iv) use the tools within the SHOPPERJAM PLATFORM to allow the tracking of his performance as an AFFILIATE of certain CONTENT of his or her interest, always in conformity with the Terms of Use and Policies of the SHOPPERJAM PLATFORM;

(vii) take responsibility for reproducing to the public to which the CONTENT is promoted the characteristics of such CONTENT and the sales conditions set by the PRODUCER in the SHOPPERJAM  taking, alongside the PRODUCER, the responsibility for the full compliance to such conditions with the BUYER;

(viii) accept the rule that the sales made through the technological tools of tracking within the SHOPPERJAM PLATFORM will generate commissions to the AFFILIATE and will be effective only after the sale is completed and the effective payment by the BUYER is made, and only then will it be available to be redeemed per the rules in the item PAYMENT MANAGEMENT;

(ix)) honor the FEES deriving from the use of the technological tools within the SHOPPERJAM PLATFORM, and honor the legal, regulatory, fiscal and tax obligations, if, when and where they occur.


GENERAL GUIDELINES TO THE USER

Notwithstanding any other rules in these Terms of Use, the USER is committed to not:

(i) COPY, MODIFY, REPRODUCE, DISTRIBUTE, DOWNLOAD, STORE, BROADCAST, SELL, RESELL, PERFORM REVERSE ENGINEERING, OR CREATE PRODUCTS DERIVED FROM ANY CONTENT AVAILABLE IN THE SHOPPERJAM PLATFORM;

(ii) violate or attempt to violate any security measures in the SHOPPERJAM PLATFORM, or benefit from any inconsistency in the system to take advantage to him or herself or to others, or adversely affect SHOPPERJAM and/or others, especially when accessing or trying to access any USER account in the SHOPPERJAM PLATFORM, or, still, trying to obtain and divulge the password of a USER account in the SHOPPERJAM PLATFORM;

(iii) submit to the SHOPPERJAM PLATFORM any false, imprecise or incomplete information;

(iv) manipulate CONTENT prices;

(v) interfere in the transactions made among other USERS;

(vi) impersonate another person or organization;

(vii) use SPAM or any other form of inappropriate, slanderous, or illegal dissemination or collection of information, to promote any CONTENT included in the SHOPPERJAM PLATFORM;

(viii) buy CONTENT through his or her own AFFILIATE link and/or use AFFILIATES’ link of his or her own CONTENT in his or her sales page, substitute the AFFILIATE link from a sales page for his or her own benefit or to others;

(ix)attack, slander, insult or defame other USERS and/or third parties.

PAYMENT MANAGEMENT

The tools within the SHOPPERJAM PLATFORM allow:

(a)Payment by BUYERS for the purchase of CONTENT included in the SHOPPERJAM PLATFORM;

(b)Payment by PRODUCERS to the AFFILIATES of monetary value due to the promotion of CONTENT;

(c)Receipt by the PRODUCERS of the monetary value due to the sale of their CONTENT;

(d)Receipt by the AFFILIATES of monetary values due to promotion of CONTENT that was sold.

At the moment of registration at the SHOPPERJAM PLATFORM, the PRODUCER agrees and requests SHOPPERJAM to promote:

(a)The receipt of the value paid by the BUYER;

(b)The payment of the established remuneration to the AFFILIATE by the PRODUCER, when there is one;

(c)The deduction of the remuneration owed to SHOPPERJAM for the use of its tools;

(d)The payment of the remaining value due to the PRODUCER.

The USER declares that he or she is aware that the payment management tools in the SHOPPERJAM PLATFORM are not comparable, nor intended to be comparable to the financial services offered by banking institutions or credit card companies, constituting merely as a form of facilitating and following up on the transactions paid and received among the USERS of the SHOPPERJAM PLATFORM.

Although the tools within the SHOPPERJAM PLATFORM are the exclusive means of making transactions with the CONTENT contained in it, SHOPPERJAM may make use of other means of payment by third parties, such as financial institutions, credit card companies and other entities to promote receipt and payment of such transactions.

Furthermore, all the commercial operations shall be verified through the risk management tools integrated with the SHOPPERJAM PLATFORM and may be refused whenever there is suspicion of fraud in the means of payment, wrongdoing, or a violation to the Terms of Use.

APPLICABLE FEES FOR THE USE OF THE TOOLS WITHIN THE SHOPPERJAM PLATFORM

The use of the technological tools within the SHOPPERJAM PLATFORM by the PRODUCER is subject to the payment of a LICENSE FEE that is set by the fixed value applicable according to the currency of payment to the parties involved in the transaction, with the addition of a compensation for the intermediation service, the INTERMEDIATION FEE, unified in 7.0%. PAYMENT PROCESSOR FEE may also apply, depending on the withdrawal method chosen, being 5USD as a fixed cost.

RULES FOR THE WITHDRAWAL OF ACCUMULATED VALUES

The commission values that are owed to the AFFILIATES and the values for the SALES made by the PRODUCERS may be redeemed by the respective USERS after a period of 30 days and if the accumulated value can cover the WITHDRAWAL FEE and allow the minimum of US$ 100.00 for withdrawals.

The minimum withdrawal amount will also be considered for the purpose of closing the account, the USER is hereby aware that this aims to cover inherent fees to withdrawal transactions and other transactions made.

DISPUTES REGARDING THE VIOLATION OF INTELLECTUAL PROPERTY RIGHTS

The products and contents offered by the USER in each of their stores are purely responsibility of themselves, and they ensure to own the intellectual property for distribution.
In case someone understands that some CONTENT in the SHOPPERJAM PLATFORM is in violation of their intellectual property rights (brand, patent, industrial designs) or their copyright, they may notify SHOPPERJAM by filling in the form at  https://shopperjam.com/contact, indicating the URL where the CONTENT in question is, and attaching to the form proof that they are the owner of the violated rights, or their legal representative, through legal documents that prove ownership over the CONTENT.

TERMINATION

SHOPPERJAM may terminate, at its own discretion, any offered services and remove any CONTENT inserted in it. SHOPPERJAM can also restrict the access of USERS to any part or all the services offered by SHOPPERJAM at any given moment, without cause or prior notice, and for any reason or motive.

SCOPE OF SERVICES

These Terms do not establish a contract of society, mandate, partnership, franchise, or employment between SHOPPERJAM and the USER.

DOUBTS

In case of any questions concerning this document, the USER may contact SHOPPERJAM through the email contact@shopperjam.com with “Terms of Use” in the subject line.