Operating Agreement

Operating Agreement between Amazon and Hot Deal

This Operating Agreement (the “Agreement”) is entered into on 18/03/2023 by and between  Hot Deal, and Amazon.com Services LLC, a Delaware limited liability company, with its principal place of business at 410 Terry Avenue North, Seattle, WA 98109-5210 (“Amazon”).

1. Appointment of Affiliate

Amazon hereby appoints Affiliate as a non-exclusive, independent contractor authorized to promote and market Amazon products and services through links on Affiliate’s website(s) and other online channels (collectively, the “Affiliate Channels”), subject to the terms and conditions of this Agreement.

2. Commission Rates

Amazon will pay Affiliate a commission for each Qualified Purchase (as defined below) made by a customer referred by Affiliate through the Affiliate Channels. The commission rate will be [insert commission rate] of the net sale price of the product or service purchased by the customer.

3. Qualified Purchases

A “Qualified Purchase” is a purchase made by a customer referred by Affiliate through the Affiliate Channels that meets all of the following conditions:

(a) The customer clicks through a link or widget on Affiliate’s website or other online channel to Amazon’s website and completes a purchase of a product or service during the same session;

(b) The product or service is not returned or cancelled by the customer;

(c) The purchase is not made using a fraudulent or invalid payment method;

(d) The customer is not affiliated with Amazon or any of its subsidiaries or affiliates;

(e) The purchase is not for resale; and

(f) The product or service is not excluded from the Amazon Associates Program (as defined below) or other applicable Amazon program.

4. Payment Terms

Amazon will pay Affiliate on a monthly basis for all Qualified Purchases made during the preceding month. Payments will be made by direct deposit to a bank account designated by Affiliate. If the total amount due to Affiliate for any month is less than [insert minimum payment threshold], the payment will be held until the total amount due exceeds that threshold.

5. Intellectual Property Rights

(a) Affiliate acknowledges that Amazon and its affiliates own all right, title, and interest in and to their respective trademarks, service marks, trade names, logos, and domain names (collectively, the “Marks”), and that Affiliate will not use any of the Marks without the prior written consent of Amazon.

(b) Affiliate grants Amazon a non-exclusive, worldwide, royalty-free license to use, reproduce, display, and distribute Affiliate’s trademarks and logos solely for the purpose of promoting and marketing Affiliate’s participation in the Amazon Associates Program (the “Amazon Associates Program”).

(c) Affiliate will comply with all applicable laws and regulations relating to the use of the Marks and will not engage in any conduct that could damage Amazon’s reputation or goodwill.

6. Data Privacy

(a) Affiliate will comply with all applicable data protection laws and regulations, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).

(b) Affiliate will not collect, use, or disclose any personal data of customers referred by Affiliate through the Affiliate Channels, except as necessary to facilitate the sale of Amazon products and services and as permitted by applicable law.

(c) Affiliate will implement appropriate technical and organizational measures to protect the personal data of customers referred by Affiliate through the Affiliate Channels from unauthorized access, use, or disclosure.

7. Termination

Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon termination, Affiliate will immediately remove all links and widgets to Amazon’s website from the Affiliate Channels and will cease all use of the Marks.

8. Representations and Warranties

(a) Each party represents and warrants that it has the full power and authority