Terms and conditions applicable to the comercial commission

These Terms and Conditions govern the Terms of this Commercial Commission, hereinafter referred to as the “Terms”, entered into by Cuid Tech, S.A.P.I. de C.V., hereinafter referred to as “Cuid”, on the one hand, and you, the individual or legal entity, hereinafter referred to as the “Commission Agent” and/or “Partner”, on the other hand, who will carry out the sale of the Cuid Products (term defined below). You, together with Cuid, shall be referred to as the “Parties”.


I. Definitions.
For clarity as set forth herein, we will use defined terms. For purposes of this Agreement, capitalized terms that have not been defined differently in various sections hereof shall have the meanings ascribed to them below:

Activation: Refers to when the Partner enters the End User's email address in the cuid partner platform.

Commission: Refers to the consideration to be paid to Partner for the sale of Cuid Products provided by Cuid.

National Bank Account:
Refers to the account in which the Partner's commissions will be deposited, only accounts opened in entities that are part of the Mexican financial system will be accepted.

Equipment: Refers to any device, hardware and/or any other good that Cuid offers to any End User.

Partner: Refers to the individual and/or legal entity that by entering into a Merchant Commission Agreement agrees and undertakes to Cuid to carry out the sale of Cuid's Cuid Products provided by Cuid for the amount specified by Cuid and to perform Good Faith Practices at all times during the term of these Terms.
Bona Fide Practices: Means those actions that are free from mistake, fraud, bad faith, violence, or any other vitiation of consent that are done with the intent to harm Cuid.
Cuid Products: Refers to the Equipment and/or Services that Cuid offers to Partner in order for Partner to carry out its sale, in terms of this instrument.

Services: Refers to the security-focused software services provided by Cuid to any End User.

End User: Refers to the business where the Partner makes the sale of Cuid Cuid Products provided by Cuid.

Sale of Cuid Products: Refers to the resale of Cuid Products by Partner to any End User.

III. Applicable Subjects.
The Terms are addressed primarily to individuals and/or legal entities located in the territory of the United Mexican States (“Mexico”); however, the Terms shall be applicable in a supplementary manner, to the extent possible, to any person accessing from any country in the world, provided that:

There are no terms and conditions governing the bailment in your country;
In the event that any provision, section, clause or provision of the Terms contravenes any applicable laws, regulations or other legal provisions in a specific jurisdiction, such section or provision shall be deemed invalid or unenforceable only in that jurisdiction. In such cases, all other sections and provisions of these Terms that are in accordance with local law shall remain in full force and effect.
In the event that any section or provision of these Terms is held invalid or unenforceable in a specific jurisdiction, the Parties agree that such section or provision shall be construed and enforced to the maximum extent permitted by law so as to accomplish its original intent to the extent legally possible.


III. Acceptance.
3.1 Form of Acceptance. In order to be part of the Program identified as a “Partner” interested parties must click on any of the advertising banners on Cuid's official social networks (Facebook, Instagram, YouTube, LinkedIn, Twitter, as well as other social networks determined by Cuid) and/or directly send the information indicated on the website.


The Partner:
You agree that you have read, understood and enter into these Terms and its attachments with Cuid and agree to comply with all obligations under them;
You authorize Cuid to make use of the information processed by its systems.
You understand and agree that Cuid may contact you through Cuid's official social networks (Facebook, Instagram, YouTube, LinkedIn and Twitter, as well as other social networks as determined by Cuid), email, phone calls, SMS messages and messages via WhatsApp.
You understand and agree to receive promotional messages, advertising messages and commercial prospecting messages from Cuid via WhatsApp.


3.2 Acceptance by natural person. Only persons who have reached the age of majority, i.e. 18 (eighteen) years of age at the time of registration may register as Partners. In the event that a minor attempts to register, the persons having parental authority, guardianship or supervision of the minor will be jointly and severally liable for any damages and/or harm that may be caused by the minor.

3.3 Acceptance by legal entity. If Partner accepts these Terms and any schedule or schedules set forth in these Terms on behalf of a company, organization, governmental body, Non-Governmental Organization (NGO) or any other legal entity (“Entity”), Partner represents and warrants that it has the necessary and sufficient authority to bind such Entity and such Entity agrees to be legally bound by these Terms and any schedule or schedules. If acceptance is on behalf of an Entity, any reference to the terms the “Partner” or similar terms used herein shall refer to such Entity. If the Partner does not have such authority, or if the Partner does not agree to these Terms and any attachments, the Partner must not accept these Terms and may not request to be considered a Partner. In addition, as a legal entity, these Terms and its attachments extend to any of its dependents.

3.4 Scope. These Terms govern the rights and obligations you acquire upon acceptance as a Partner. These Terms do not apply to any third party products (other than those provided directly by Cuid as part of the Services).

In addition, the Partner agrees that its electronic signature on contracts, attachments, agreements and other documents (acceptance via the Internet) has the same binding effect as a handwritten signature.


IV. Pricing of Cuid Products.
The Partner shall sell Cuid Products at the prices published by Cuid on [its official website https://www.cuid.mx/], or failing that, the prices indicated by Cuid in writing, so it shall be the Partner's responsibility to frequently review the official website to observe the changes that Cuid makes to the prices of Cuid Products from time to time without notice due to discounts, promotional codes, campaigns or any other event that Cuid makes known to the Partner.

In the event that Cuid detects that the Partner is selling Cuid Products at a lower price than those published by Cuid or whose origin comes from a gray market, in terms of the preceding paragraph, Cuid through a third party designated for that purpose, may stop paying commissions in full to the Partner concerned and if necessary terminate the trade commission with the Partner without any liability for Cuid.

In the event that Cuid grants the Partner a discount code, for any special program, through the means of communication accepted in these Terms, such code may only be used by the Partner, so it is forbidden to market or publish it through any means, including but not limited to: web pages or social networks. In the event that Cuid detects the behavior described in the preceding paragraph, it may terminate the commercial commission with the Partner.

Cuid reserves the right to terminate any special program in which promotional codes are used, as well as to suspend or cancel any promotional code at any time, at its sole discretion.


V. Commissions and Earnings.
The Parties agree that the method of payment of commissions and profits to the Partner shall be subject to the following conditions:


5.1 The Partner shall obtain by way of profit, derived from the sale of the Cuid Products to an End User. Commissions shall be paid to the Partner on the terms described in the following clause. The commissions may be consulted on the website [https://cuid.mx/pages/vende-cuid .]


5.2 Cuid reserves the right to modify the commissions published on its website with 3 (three) calendar days prior notice.


VI. Method of Payment.
Cuid will compile and provide a list of all Cuid Products actually sold by the Partner on the platform Cuid sells; it is the Partner's responsibility to verify that the record of its sales on the platform is correct.

Cuid will compile and provide a list of all Cuid Products actually sold by the Partner on the platform owned by Cuid; notwithstanding the foregoing, it is the Partner's responsibility to verify that the record of its sales made through the platform is correct. For this purpose, it will be necessary for the Partner to send the corresponding invoice with the number sent by Cuid.

Subsequently, and based on the figures, the commissions derived from the sales of Cuid Products will be credited on a monthly cycle. The cut-off date for the calculation of the commissions will be set on the last day of each month.

Once the cutoff date has passed, Cuid will process the payment of the corresponding commissions within the first 10 (ten) days of the following month. During this 10 (ten) day period, and prior to the disbursement of the commission, Cuid will provide the Partner with a document detailing the commissions accrued up to the established cut-off date.

If the Partner decides to make a clarification, he/she may request it by contacting Cuid's support team by email at socios@cuid.tech and must attach evidence to clarify the error. Having said the above, the Partner must issue an invoice which must comply with all current fiscal requirements as a condition and prior to the payment of the commission. Cuid shall not be held liable for late payment in the event that the Partner does not issue the invoice in a timely manner.



The Partner accepts, understands and acknowledges that he/she agrees to the commission payment scheme in these Terms.

The Partner declares and accepts that it is his/her responsibility to submit the necessary information of his/her National Bank Account for the corresponding deposit. Likewise, and if applicable, the corresponding invoices/receipts for the payment of its commissions in accordance with the applicable laws and regulations in force, so that the third party designated by Cuid Cuid can make the corresponding payments. In the event that Partner fails to submit this information for the collection of its commissions for a period equal to or greater than 3 (three) months, it shall be understood that Partner has waived such uncollected commissions during the period mentioned in this Clause without any liability whatsoever for Cuid.


VII. Term.
The commercial commission between Cuid and Partner shall remain in force indefinitely until terminated by one of the Parties in accordance with the provisions of these Terms.


VIII. Prohibitions.
A. The Partner shall be prohibited from performing in bad faith, including but not limited to, the simulation of operations in order to obtain commissions, so that if Cuid detects such practices, it may omit the payment of commissions for the total of that period to the Partner, and if it so determines, terminate the business relationship, as well as to exercise the appropriate legal actions.

B. Commercialize or publish through any means, including but not limited to: web pages or social networks, the discount codes that Cuid grants for special programs.

C. Sell Cuid Products through digital Marketplace platforms, including but not limited to: Mercado Libre, Amazon, Segunda Mano, Etc.

D. Sell Cuid Products at a price lower than the price established by Cuid in these Terms, in the event that Cuid detects the realization of such practices may terminate the business relationship.

E. Place and activate Cuid Products in the End User's trade with the following high-risk or prohibited or constitutive of crimes that are related to:

Sex.
Pornography.
Esotericism.
Horoscopes.
Purchase and sale of child pornography.
Zoophilia.
Crime reconstruction.

F. Placing and activating Cuid Products in the End User's business that are engaged in the sale of products or services that could damage Cuid's reputation and image.


IX. Partner's Responsibilities.
The Partner's responsibilities shall be as follows:

A. Notify Cuid the information of the National Bank Account in which Cuid, through a third party designated for this purpose, will deposit the amounts of commissions that correspond to it. In case of failure to do so, Cuid will designate a third party so that the latter delays the payment of the corresponding commissions to the Partner without any responsibility until the Partner has delivered the complete and truthful information of the National Bank Account.

B. Provide Cuid the Federal Taxpayers Registry with homoclave in case an invoice is required. The foregoing must be notified no later than 1 (one) business day before the monthly cut-off dates specified in clause seven of these Terms.

C. Sell Cuid Products at the prices published by Cuid on its official website https://www.cuid.mx/ or as Cuid may indicate in writing.

D. Constantly review the prices published by Cuid on its official website https://www.cuid.mx/ in order to be updated.

E. Update contact details, telephone and email through any of the following options:

Through the Cuid account advisors team from 9:00 am to 6:00 pm from Monday to Friday.
By sending an email to socios@cuid.tech.

F. Comply with each and every one of the responsibilities contained in these Terms.

G. Not to sell altered or incomplete Cuid Products.

X. Limitation of Cuid's Liability.
Cuid shall be responsible for providing only the Services in an efficient manner and in no way, under any circumstances, shall Cuid be liable for the misuse of the Cuid Products delivered to Partner and/or End User.


XI. Employment Independence.
The relationship between Cuid and the Partner, is exclusively commercial in nature and shall be governed in accordance with substantive commercial law as both parties are individuals and / or independent entities, therefore, during the execution of these Terms, as well as those who subscribe under this it is understood that the Parties act under their sole direction, account and risk.

The Partner, acts as an independent contractor and not as an employee of Cuid, so that at no time there is or will be an employment relationship between the Partner and Cuid.

Partner shall be subject to Cuid's guidelines and observations, it being understood that Partner will not act in bad faith in order for these Terms to continue in accordance with what has been established.


XII. Audit.
In the event that the Partner, for any reason, is or may be involved in any unauthorized or improper use of any intellectual property right owned by Cuid, the Partner shall be jointly and severally liable for the payment of damages that such breach may cause Cuid, without prejudice to the exercise of other appropriate legal actions.


XV. Confidentiality.
The Partner agrees to maintain in the strictest confidence and not to disclose, disseminate, publish or use for other people's purposes information of a technical, operational, administrative, commercial, strategic and/or any other type, which is provided in any form under these Terms.

The Partner shall maintain strict confidentiality of the personal data that he/she knows by reason of the commercial commission stipulated in these Terms.

In the event that the Partner, for any reason, is or may be linked to the disclosure of confidential information or data that violate the obligations of secrecy and confidentiality stipulated by these Terms, the Partner shall be jointly and severally liable for the payment of damages that such breach may cause to Cuid; this without prejudice to the exercise of other appropriate legal actions, for the crime of disclosure of secrets referred to in Article 213 of the Criminal Code for Mexico City, 210, 211 and 211 bis of the Federal Criminal Code and its correlatives in the States of Mexico, as well as the provisions of Articles 163, 165, 166, 167 and 386 sections I, II, VI, VII, VIII, IX, X, XI, XIV, XV, XXIX, of the Federal Law for the Protection of Industrial Property.


XVI. Exclusivity.
While the commercial commission between Cuid and the Partner is in force, the latter may not sell similar items and / or Cuid's competition. In the event that Cuid detects that the Partner performs the conduct described above, it may terminate the commercial commission with the Partner.

The Partner, during its registration, shall inform Cuid when it engages in the sale of similar items and/or items in competition with Cuid, in which case Cuid shall determine whether or not the applicant may act as a Partner.

If there is any doubt on the part of Partner as to whether a product is considered a Cuid product, Partner shall request confirmation through the established communication channels.


XVII. Collection of Personal Data.
In compliance with the Federal Law on Protection of Personal Data Held by Private Parties, Cuid, with address at 184, 11th floor, interior B located on Boulevard Manuel Avila Camacho, Colonia Reforma Social, Alcaldía Miguel Hidalgo, Zip Code 11650, CDMX, will act as the responsible for the processing of your personal data, the use given to them and their protection, which will be protected in accordance with the provisions of the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations, and other applicable regulations.

Likewise, Cuid informs you that your personal data, which currently or in the future are stored in our databases, will be processed and/or used by our affiliates and/or subsidiaries and by those third parties who, by the nature of their work or functions, have the need to treat and/or use your personal data for the sole purpose of fulfilling those obligations arising from the legal relationship between you as owner of the personal data and Cuid.

XVIII. Processing of Personal Data.
By sharing your personal data through Cuid's social networks (including WhatsApp, Facebook, Instagram, Twitter, LinkedIn and YouTube), we trust that you agree to their use for various purposes, such as:

Establishing a business relationship with Cuid.
To ensure compliance with the responsibilities agreed to in these Terms.
To provide you with the services and products you have requested.
Share promotions, offers and discounts on products and items.
Send you advertising in general.
Invite you to participate in surveys about the quality and your satisfaction with the service.
Inform you about changes or new offers of products or services related to the Terms you have accepted.


To know all the purposes we recommend you to consult our privacy notice which is available at https://www.cuid.mx/.

In order to fulfill the above mentioned purposes, it will be necessary that you share with us some information so that Cuid can contact you, such as:


Your full name.
Your address.
Your e-mail address.
Your telephone number.


We may contact you in a variety of ways, including:
A phone call.
A text message (SMS).
A WhatsApp message.


XIX. Grounds For Termination.
Cuid may terminate the commercial commission with the Partner, without the need for judicial or administrative declaration, immediately, without prior notice and without liability for Cuid when the Partner complies with any of the following events:


The Partner breaches any responsibility set forth in these Terms.
The Partner performs bad practices and / or breaches its obligations to end customers.
In the event that Cuid detects that the Partner is selling Cuid Products on any digital marketplace platform.
In the event that the Partner engages in bad practices, including but not limited to, the simulation of operations in order to obtain commissions for the sale of Cuid Products.
In the event that the Partner sells Cuid Products at a price lower or higher than the price established by Cuid in these Terms.
In the event that Cuid detects that the Partner sells similar items and / or Cuid's competitors, without having notified Cuid.

In case Cuid detects that the Partner makes sales of Cuid Products that originate in the gray market.
In the event that Cuid detects that the Partner is acting in bad faith, the Partner will be notified in order to perform good practices, the Partner will have a margin of 3 (three) notifications to modify its actions, if the Partner omits such notifications will be notified for the fourth time to make him aware that he will be penalized by canceling the commissions that correspond to him under the Sixth and Seventh Clauses of these Terms. In addition to the foregoing, Cuid reserves the right to take the appropriate legal action regarding such omissions.


XX. Termination.
Cuid may terminate at its discretion the commercial commission established in these Terms without any liability for Cuid by notice.


In addition, Partner may terminate the commercial commission subject to these Terms by giving Cuid at least fifteen (15) calendar days prior written notice. The termination of the commercial commission between Cuid and Partner shall not release Partner from any obligation in favor of Cuid.


XXI. Government Sales.
The Partner declares and agrees that it will previously report to Cuid any intention of sales to public officials, political parties, candidates for elected office and any person working in the government or public agency, in any order, whether federal, state and / or municipal, with the intention that Cuid can audit and monitor the implementation of such sales by the Partner.

Consequently, the Partner states that in case of breach of this provision shall be considered a material breach of these Terms, Cuid may terminate the same and initiate appropriate legal action to repair any damage caused, moral and / or material, for such breach.


XXII. Modifications.
The Partner acknowledges and agrees that Cuid may at any time, unilaterally modify these terms and conditions. In case of any modification to them Cuid is obliged to give a notice on its website about them. The Partner acknowledges and agrees that it is its responsibility to review and be aware of them.


XXIII. Applicable Legislation.
The relationship between the Partner and Cuid shall be governed by the applicable laws of the Mexican Republic. Should any dispute arise in connection with the interpretation and/or application of these Terms, the parties shall submit to the competent jurisdiction in Mexico City, and hereby expressly and irrevocably waive any other jurisdiction that may correspond to them by reason of their current or future domiciles or for any other reason.

XXIV. Contact.


To make any requests, complaints or reports related to the Terms, the Partners must contact Cuid's attention and support center, within a maximum period of five (5) calendar days after the event they wish to report or whose clarification they request.



E-mail: socios@cuid.tech



Cuid will have a period of 20 (twenty) calendar days to resolve the corresponding clarifications.



LAST MODIFICATION DATE: MARCH 07, 2024