This version was updated on Mar 7, 2023 01:30:30 (PST) and became effective from Mar 14, 2023 01:30:30 (PST).
DOBA AFFILIATE TERMS
These Terms and Conditions (these “Terms”) of Doba, Inc., a Utah corporation (“Doba”), registered in 3300 N Triumph Blvd #G40 Lehi, UT 84043, are a legally binding agreement between you and Doba,involving your application to become a Doba Marketer. By applying to participate in the Doba Affiliate Program, you confirm that you have read this agreement and agree to be bound by its terms and conditions.
These Terms do not apply to any content or services provided by third parties, whether or not such third-party services (or links thereto) appear on Doba’s website or are otherwise incorporated into the Services. These Terms affect your rights, so please read them carefully.
You may not use the Services without accepting these Terms. Individuals must be 18 years of age or older to use the Services, or, if under 18, be at least 13 years old and have the consent and active involvement of a parent or legal guardian. If you are agreeing to these Terms on behalf of a legal entity, you represent to Doba that you have the authority to bind such entity and its affiliates to these terms. In such, case the term “you” or “your” as used herein will also refer to such entity and its affiliates. Subject to your compliance with these Terms, Doba grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services during the term of your Membership.
1.MARKERTER'S RIGHTS AND OBLIGATIONS
Upon submission of your application to become a Doba Marketer, Doba is entitled to conduct a review based on the information you have submitted and on the actual situation. Following verification by Doba, Doba will create your Doba Marketer account upon your application. Upon becoming a Doba Marketer, you will be entitled to the following:
Doba will generate Marketer's exclusive invitation webpage link(“affiliate link”) and invitation code for Marketer, and Marketer may send the affiliate link or invitation code to an unspecified subject.After an unspecified subject accepts Marketer's invitation and successfully registers as a new user of Doba.com ("New Retailer"), Doba will pay Mariketer a commission based on the new retailer's purchase Doba plan or the amount of the transaction on Doba. com.
As for the specific calculation method and proportion of the commission, and the time during which each new retailer can contribute profits to Marketer, etc., they shall be based on the information announced by the platform with the webpage address for the announcement: [www.XXX.COM].The Doba may have the right to adjust its commission ratio from time to time based on its operating condition. The Doba shall publicize the adjustment on the date thereof and the adjustment shall come into force on the date of its release.
The above transaction amount refers to the completed orders, not including those with abnormal status such as quality disputes, refunds, returns, etc. .
Doba will open the business management background system for Marketer, and Marketer will be able to view the promotion statistics (such as affiliate link clicked, Retailer's registration, paid subscriptions of Retailer's plan, Retailer's placing orders, commissions, etc.), view the capital accounts and the details of income and expenditure, download the bills, modify the personal data, etc.Marketer may withdraw commissions from Doba.com to his own bankcard account, subject to Doba.com's rules for withdrawals.
As a Doba Marketer, you agree to and agree to adhere to the following Code of Conduct:
(1) Suppliers on the Doba.com platform are not allowed to be Marketers.The roles of Supplier and Marketer are in conflict, and a user can choose only one role.
(2)Doba does not allow Marketers to obtain commission by recommending associated accounts (including but not limited to other accounts that Marketer may control, etc.).
(3)Activities of earning commissions by improper means such as internet hacking or exploiting loopholes in operational rules shall not be allowed.
(4)Your promotional content do not violate any laws.
(5)Your promotional content is not defamatory and does not infringe the rights of any entity.
(6)You should not send unsolicited e-mail or other messages that may constitute spam.
(7)You will perform all business activities in an ethical and legal manner.Please abide by the code of ethics, follow the rules, and we will do our best to provide you with the most comprehensive support so that you can safely enjoy income in our program.
In order to avoid any disagreement arising during the transactions, you agree and are willing to follow the following rules prescribed by the Doba Platform in case of any possible conflicts:
- Commission attribution division rules for a Retailer who receives more than one affiliate link or invitation code from Marketer shall be based on the link clicked by a Retailer at the time of registration. If theinvitation code clicked by a Retailer at the time of registration conflicts with the invitation code filled in by the Retailer, the invitation code shall take precedence.
- Only one Marketer can be associated with a Retailer, and an unlimited number of Retailers can be associated with a Marketer. If the invitation code is filled in during Retailer registration, the retailer will be automatically bound to the MARKETER corresponding to the invitation code.
All of Marketer's commission revenues are based on successful trades and Doba reserves the right to cancel the award in the following circumstances:
A. A refund occurs after Retailer purchases the Doba plan;
B. Negative circumstances such as refund, return of goods or quality dispute etc. happen to the transaction order reached by Retailer on Doba.com;
C. Marketer commits fraud, takes advantage of the loopholes in the operation rules or makes unauthorized payment for own transaction or other circumstances;
D. The credit card repudiated by Retailer;
E. other serious breaches of this Agreement;
In the above circumstances Doba will be entitled directly to deduct the relevant amount directly from Marketer's account and in case there is insufficient funds in Marketer's account to make the deduction Marketer shall make payment to Doba within 7 days of receipt of Doba's notice.
You will not, directly or indirectly: reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation or data related to the Services (“Software”); modify, translate, or create derivative works based on the Services; use the Services for timesharing or service bureau purposes or otherwise for the benefit of a third party, or remove any proprietary notices or labels.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers, and the like (collectively, “Equipment”). You shall also be responsible for maintaining the security of the Equipment, your account, passwords and files, and for all uses of your account or the Equipment with or without your knowledge or consent.
3. ACCOUNT ACCESS; IDENTITY PROTECTION
Subject to Doba's Privacy Policy, in order to provide you with ease of access to your account, Doba will place a cookie (a small text file) on any computer or device from which you access the Doba website. When you revisit the Doba website, this cookie will enable us to recognize you as a previous user or as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification.
You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and devices. You may not share your account with other people by providing them your password. However, if you decide to share your account with other people, you take full responsibility for their actions and liabilities that may arise therefrom. Users of public or shared computers should log out of the Doba website at the completion of each visit.
If you discover that you are a victim of identity theft and that involves a Doba account, you will notify Customer Support immediately. You should also report the identity theft to all of your credit card issuers, as well as your local law enforcement agency.
Doba reserves the right to suspend and terminate your account at any time with or without notice if Doba believes that such an account is involved in fraudulent activity. You are not entitled to any refund or other consideration in connection with the suspension of your account by Doba for any reason.
Doba shall own and retain all right, title, and interest in and to (a) the Services (including the Software), all improvements, enhancements or modifications thereto, (b) any software, applications, inventions or other technology developed as a result of or in connection with any support services, and (c) all intellectual property rights related to any of the foregoing. No title to or ownership of the Services, including, without limitation, any logos, designs, texts, graphics, pictures, data or content, software, platform, technologies or any proprietary rights related to the Services, is transferred under or by virtue of these Terms. Doba reserves all rights in and to the service not expressly granted to you under these Terms. Further, these Terms do not authorize you to use any name, trademark or logo of Doba.
You may not repackage, reproduce, or otherwise sell Memberships, the Software or any technology or data related thereto. Also, bulk downloading or “screenscraping” of data from the Doba website is prohibited without prior express written permission. Any violation of the foregoing will result in your account being terminated without notice and, depending on the severity of the violation, Doba reserves the right to press criminal charges and/or seek civil compensation for damages, expenses and lost revenue.
Doba shall use commercially reasonable efforts consistent with prevailing industry standards to maintain the Services in a manner that minimizes errors and interruptions in the Services. The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Doba or by third-party providers, or because of other causes beyond Doba’s reasonable control, but Doba shall use commercially reasonable efforts to provide advance notice in writing or by e-mail of any scheduled service disruption. HOWEVER, DOBA DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION THEREOF ARE PROVIDED “AS IS” AND DOBA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.In addition, our total liabilities for this agreement and Doba Affiliate Program will not exceed the total commissions paid or payable to you under this agreement.
6.LIABILITY FOR BREACH OF AGREEMENT
If you breach this agreement (e.g. obtainment of commission through abnormal channels such as scalping, hacker attacks, network vulnerabilities, fraud, etc.), Doba has the right to impose penalties on you by way of freezing accounts, closing accounts, prohibition of withdrawal of funds, and imposing fines, etc. If you have any objection, you can contact the customer service department of Doba to complain.
You agree to indemnify and hold Doba, its directors, managers, officers, employees, equity holders and other representatives, harmless from any and all third-party claims arising out of your use of the Services or any other party accessing the Services through your account, including any liability or expenses arising from any claims, direct or indirect damages, lost profits, suits, judgments, litigation costs and attorneys’ fees.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, EXCEPT FOR BODILY INJURY OF A PERSON, DOBA AND ITS DIRECTORS, MANAGERS, OFFICERS, EQUITY HOLDERS AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL NOT BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES; (C) FOR ANY MATTER BEYOND DOBA’S REASONABLE CONTROL; OR (D) FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE FEES PAID BY YOU TO DOBA FOR THE SERVICES UNDER THESE TERMS IN THE 12 MONTHS PRIOR TO THE OCCURRENCE THAT ALLEGEDLY GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT DOBA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Communications from Doba to you may be by electronic means. You hereby consent to receive communications from Doba in electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communications that Doba provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing, other than any non-waivable rights.
The Services may include certain communications from Doba, such as service announcements, administrative messages, and newsletters. You may be prompted to opt into some or all of these communications upon registering your Membership. After opting in, you may opt-out of receiving such communications at any time. However, you will not be able to opt out from receiving service announcements and administrative messages.
If you have any questions about our website, the Services, or these Terms, you may email us or write to us at 3401 N Thanksgiving Way Suite 150 Lehi, UT 84043, Attn: Customer Support.
These Terms and any dispute or claim arising out of or related to these Terms, its subject matter or its formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Utah, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the federal or state courts located in Salt Lake City, Utah, and you further agree that such courts shall have personal jurisdiction and venue with respect to you, and you hereby submit to the jurisdiction and venue of such courts and waive any objection. YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO TRIAL BY JURY IN ANY CLAIM ARISING OUT OF OR RELATING TO THE SUBJECT MATTER HEREOF. ADDITIONALLY, BOTH YOU AND DOBA AGREE THAT EACH PARTY MAY ONLY BRING CLAIMS AGAINST THE OTHER PARTY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.
While www.doba.com and all of its dependent pages contain far too much information to be quoted in their entirety in these Terms, you are responsible for reading and understanding all applicable information contained on the Doba website. Doba is not responsible for any inconvenience, loss of profit, or other complications that you or your business or customers may experience as a result of your failure to read and understand relevant information on the Doba website.
If you have any questions about the Doba website, the Services or these Terms, you may email us or write to us at:
Doba, Inc. Attn: Customer Support 3300 N Triumph Blvd #G40 Lehi, UT 84043
Please note, return shipments sent to the address above will be refused. Please contact [email protected] for instructions before returning products.
