#ClaimCompass Partners Program
##Terms and Conditions
1.1. “Accepted Claim” means a claim submitted to ClaimCompass for the first time for which the client has signed a power of attorney giving ClaimCompass the right to represent the client in pursuit of the claim and for which the client has received a compensation.
1.2. “Partner” means the person (natural or legal) specified as the applicant for ClaimCompass Partners Program on a completed and submitted Registration Form.
1.3. “Partners Program” means the ClaimCompass partners program detailed in the Agreement.
1.4. “Partner Website” means the website or websites owned and operated by the Partner and specified by the Partner on the Registration Form.
1.5. “Agreement” means the collectiveness of these ClaimCompass Partners Program Terms and Conditions, the Registration Form and the Acceptance Email, and any amendments to it.
1.6. “ClaimCompass” means CLAIMCOMPASS LIMITED, a company having its corporate address at 73 Sredna gora Str., 1303 Sofia, Bulgaria (Commercial Register No. 203643295, VAT ID BG203643295).
1.7. “ClaimCompass Website” means those websites specified by ClaimCompass that the Link links to.
1.8. “Link” means a hyperlink from the Partner Website to the ClaimCompass Website enabling ClaimCompass to track visitors from the Partner Website to the ClaimCompass Website.
1.9. “Registration Form” means the HTML form on the ClaimCompass Website enabling users to apply to become Partners.
###2. The Partners Program###
2.1. To begin the enrolment process, the Partner will need to submit a completed Registration Form. ClaimCompass may reject an application, if ClaimCompass determines in its absolute discretion that the applicant’s site is unsuitable for the Partner program for any reason. If ClaimCompass rejects an application, the applicant is welcome to reapply to the program at any time.
2.2. The Partner will be granted access to a Partner area with Links and the possibility to view traffic and Accepted Claims.
2.3. Such Link(s) may take the form of graphics, text links and product feeds ClaimCompass will make available to the Partner. The Partner may not modify or alter the Link or Link design (as provided by ClaimCompass) without the prior written consent of ClaimCompass.
2.4. The Partner must not take any action in connection with the Partners Program, which might reasonably be expected to lead to the possibility of damage to the reputation and goodwill of ClaimCompass and/or the ClaimCompass Website.
2.5. ClaimCompass will process claims submitted by clients who follow the Links. ClaimCompass will be responsible for all aspects of transactions processing and fulfilment. ClaimCompass will track Accepted Claims from the Partner Website to the ClaimCompass Website, and reports summarizing this activity will be available to the Partner through ClaimCompass Partner tracking system. The form, content, and frequency of the reports are limited to those reports and capabilities available through the ClaimCompass system.
###3. Fees and payments###
3.1. In respect of each Accepted Claim, ClaimCompass will make a Payment to the Partner per Accepted Claim and always subject to the other terms of the Agreement. ClaimCompass will pay the Partner ten (10) euro (EUR) for every Accepted Claim. This amount is VAT inclusive.
3.2. A claim can only generate one Payment. If a claim by fraudulent means or by accident is accepted more than once, only the first accepted claim is considered an Accepted Claim pursuant to this Agreement.
3.3. ClaimCompass will make Payments on a quarterly basis following the calendar year.
3.4. In the event that the Agreement is terminated or expires, the outstanding amount, if any, is paid by ClaimCompass to the Partner.
3.5. No Payments will be due in respect of any visits to or actions upon the ClaimCompass Website made by or on behalf of: the Partner; any parent undertaking or subsidiary of the Partner; any employee, agent or officer of the Partner or any parent undertaking or subsidiary of the Partner; or any natural person related to any of the above.
3.6. If the Partner is registered for VAT then: (a) all Payments amounts stated in or in relation to the Agreement or on ClaimCompass Website are stated inclusive of VAT payable by ClaimCompass to the Partner; (b) the Partner is solely responsible for accounting for such VAT to the relevant tax authorities; and (c) the Partner must specify VAT amount on the issued invoice.
###4. Data Protection###
5.1. During the Term of this Agreement and after termination or expiration of this Agreement for any reason a party ("the Receiving Party") who has had information of a confidential nature (“Confidential Information”) disclosed to it by the other party ("the Disclosing Party") may not use such Confidential Information for a purpose other than the performance of its obligations under this Agreement, and may not disclose Confidential Information to a person except with the prior written consent of the Disclosing Party or in accordance with clause 5.2.
5.2. During the term of this agreement the Receiving Party may disclose Confidential Information: (a) to any of its directors, other officers, employees to the extent that disclosure is reasonably necessary for the purposes of this agreement, in which case it shall ensure that the disclosee complies with the Receiving Party's obligations of confidentiality under this agreement as if it was the Receiving Party; (b) if required to do so by law or by a competent regulatory authority, provided that it gives notice to the Disclosing Party of the disclosure as soon as practicable; or (c) to any potential investors if required to do so by any stock exchange provided that it gives notice to the Disclosing Party of the disclosure as soon as practicable.
###6. Indemnity, limitations and exclusions of liability###
6.1. Each party (the "Defaulting Party"), at its own expense, will indemnify, defend and hold harmless the other party, its Partners, and their respective directors, officers, employees, agents and representatives (collectively, the "Claiming Party") against any and all losses suffered by the Claiming Party, arising from or in connection with any and all third party claims, actions, suits and proceedings.
6.2. Nothing in this agreement shall operate to exclude or restrict either party's liability for death or personal injury resulting from negligence, to which no limit applies.
6.3. Except for liability under clause 6.2, notwithstanding any other term of this agreement, neither party shall be liable to the other, for any indirect or consequential losses, whether for negligence, breach of contract, misrepresentation or otherwise, nor for any loss of profit, loss of goodwill, business opportunity, or anticipated saving.
7.1. This Agreement shall commence on the date of submitting a completed Registration Form, not rejected by ClaimCompass, for a period until terminated under the conditions of this section 7.
7.2. Each party may terminate this Agreement at any time, by giving not less than fourteen (14) days written notice of termination to the other party.
7.3. ClaimCompass may terminate this Agreement immediately without notice, if ClaimCompass reasonably believes that the Partner is committing fraud.
7.4. A party validly terminating this Agreement shall be under no liability whatsoever to the other party for any losses suffered as a result of the termination.
8.1. This Agreement supersedes any previous written or oral Agreement between the parties in relation to the matters dealt with in this Agreement and constitutes the whole agreement between the parties relating to the subject matter of this Agreement.
8.2. If any provision of this agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force and effect, and the parties agree to replace any invalid provision with a valid provision, which most closely approximates the intent and economic effect of the invalid provision.
8.3. The Partner acknowledges that it has read this agreement and agrees to all its terms and conditions.
8.4. ClaimCompass is authorized to alter these Terms and Conditions at any time. ClaimCompass will inform the Partner about any such changes with not less than fourteen (14) days written notice. This Agreement will terminate automatically, if at the end of such notice period, the Partner will not accept new Terms and Conditions.
8.5. The law of the Republic of Bulgaria to the exclusion of the UN Convention on Contracts for the International Sales of Goods applies.