Tidalflow Affiliate Program Terms of Service

Effective Date: 27-08-2024

1. Introduction

Welcome to the Tidalflow Affiliate Program (the "Program"). These Affiliate Program Terms of Service (the "Agreement") govern your participation in the Program offered by Nervecenter AI, B.V. ("Company," "we," "us," or "our"). By participating in the Program, you ("Affiliate," "you," or "your") agree to be bound by this Agreement.

2. Eligibility and Registration

2.1. You must be at least 18 years old to participate in the Program.

2.2. You must provide accurate and complete information when registering for the Program.

2.3. We reserve the right to reject any application or terminate any Affiliate's participation in the Program at our sole discretion.

3. Affiliate Obligations

3.1. Self-Referrals: You are prohibited from signing up for Tidalflow.ai services through your own affiliate link. Any detected self-referrals will result in immediate termination of your Affiliate account and forfeiture of any earned commissions.

3.2. Fraudulent Activities: Any attempt to mislead, manipulate, or defraud us or potential customers is strictly prohibited. This includes, but is not limited to, posting fake discounts on coupon-sharing websites or engaging in any activity that violates our policies. Violation of this provision will result in immediate termination of your Affiliate account.

3.3. Advertising Restrictions: You are prohibited from running search engine advertisements (particularly on branded terms or domain names), social media advertisements (including but not limited to Facebook ads), or any other advertisements that may compete with our marketing efforts or cause confusion for potential customers. We reserve the right to terminate your Affiliate account if we detect any such activity.

3.4. Misrepresentation: You shall not impersonate or pretend to be acting on behalf of Tidalflow.ai or Nervecenter AI, B.V. This includes, but is not limited to, representing yourself as an employee or official representative of our company.

3.5. Compliance with Laws: You agree to comply with all applicable laws, regulations, and industry standards in your promotion of Tidalflow.ai services.

4. Commission and Payment

4.1. Commission rates and payment terms will be specified in a separate document or within the Affiliate dashboard.

4.2. We reserve the right to modify commission rates at any time, with notice provided through the Affiliate dashboard or via email.

4.3. Commissions will only be paid on valid, verified sales that have not been refunded or charged back.

4.4. Payment of commissions is subject to reaching any minimum threshold specified in the Affiliate dashboard.

5. Intellectual Property

5.1. We grant you a limited, non-exclusive, non-transferable, revocable license to use our trademarks, logos, and marketing materials solely for the purpose of promoting Tidalflow.ai services in accordance with this Agreement.

5.2. You agree not to modify, alter, or misuse our intellectual property in any way.

6. Term and Termination

6.1. This Agreement shall remain in effect until terminated by either party.

6.2. We may terminate this Agreement and your participation in the Program at any time, with or without cause, by providing written notice.

6.3. You may terminate your participation in the Program at any time by providing written notice to us.

6.4. Upon termination, you must immediately cease all promotion of Tidalflow.ai services and remove any related marketing materials from your websites or other promotional channels.

7. Limitation of Liability

7.1. To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from: (a) your participation in the Program; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Program; (d) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Program by any third party.

7.2. Our aggregate liability for all claims related to this Agreement shall not exceed the total amount of commissions paid or payable to you under this Agreement in the twelve (12) months preceding the claim.

8. Indemnification

You agree to indemnify, defend, and hold harmless Nervecenter AI, B.V., its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your participation in the Program; (b) your violation of any term of this Agreement; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your actions caused damage to a third party.

9. Modifications to the Agreement

9.1. We reserve the right to modify this Agreement at any time. We will provide notice of any material changes through the Affiliate dashboard or via email.

9.2. Your continued participation in the Program after any such changes shall constitute your consent to such changes.

10. Governing Law and Dispute Resolution

10.1. This Agreement shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

10.2. Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in accordance with the rules of the Netherlands Arbitration Institute. The arbitration shall take place in Amsterdam, the Netherlands, and shall be conducted in the English language.

11. Miscellaneous

11.1. This Agreement constitutes the entire agreement between you and Nervecenter AI, B.V. regarding your participation in the Program and supersedes all prior agreements and understandings, whether written or oral.

11.2. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

11.3. This Agreement is not assignable, transferable, or sublicensable by you except with our prior written consent. We may assign, transfer, or delegate any of our rights and obligations hereunder without consent.

11.4. No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind us in any respect whatsoever.

12. Contact Information

If you have any questions about this Agreement or the Program, please contact us at:

Nervecenter AI, B.V. Email: support@tidalflow.ai

By participating in the Tidalflow.ai Affiliate Program, you acknowledge that you have read, understood, and agree to be bound by this Agreement.