Affiliate terms and conditions:
This Agreement contains the complete terms and conditions that apply to an individual's or entity's participation in the Bongin s.r.o. Affiliate program (the "Program"). As used in this Agreement, "we" refers to Bongin s.r.o., and "you" means the applicant (affiliate). "Site" means a World Wide Web site and, depending on the context, refers either to Bongin s.r.o. site, located at the URL www.water-bongs-glass-pipes.com, or to any site that you will link to our site from (which you will identify in your program application).
1. Registering for the Affiliate Program
To register, you must fill out the registration form on our website and agree with this agreement by checking the corresponding checkbox when submitting the registration form. We can check the validity of your data by phone using the phone number you provide in our registration form. We can reject your registration if your site is unsuitable for the Program. Unsuitable sites include those that:
• promote sexually explicit materials
• promote violence
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
• promote illegal activities
• include our domain name or variations or misspellings thereof in their domain names
• otherwise violates intellectual property rights
2. Links on Your site
After registering, you can use our banners or use a text linky. Each link you use to promote us on your site must lead to existing page of our e-store. Every link must contain your unique affiliate identifier, which we provide to you upon acceptance into the program. Without this I.D. we cannot recognize customers and/or that their orders came from your site. Links to our site placed on your site pursuant to this Agreement and which contain your affiliate identifier are referred to as "Special Links." You are responsible for showing valid data of our products, actions, and other activities. Misinformation of our customers can lead to an end of our affiliate relationship and in that case we are not liable to pay your referral fee. You acknowledge that, by participating in the Program and placing any of the above links within your site, Bongin s.r.o. may receive information from or about visitors to your site or communications between your site and those visitors. Your participation in the Program constitutes your specific and unconditional consent to, and authorization for Bongin s.r.o. access to, receipt, storage, use, and disclosure of any and all such information, consistent with the policies and procedures set forth in Bongin s.r.o. Privacy Notice.
3. Order processing
We will process Product orders placed by customers who follow Special Links from your site to our site. We reserve the right to reject orders for any reason. We will be responsible for all aspects of order processing and fulfillment. Among other things, we will prepare order forms, process payments, cancellations, and returns, and handle customer service. We will track sales made to customers who purchase Products by using Special Links from your site to our site and provide you with data of this orders at our Affiliate Partner section on our secured pages.
4. Referral Fees
We will pay you (in accordance with Section 5 below) a referral fee on customer orders who come to us using Special Link from your site. We use time unlimited cookie to store your id in the customers browser, so if the customer returns at anytime it will still bring your affiliate id and be counted as your customer until this cookie disappears (can be days, weeks, moths – depends on customers browser settings). We will not erase this cookie in anyway, anytime. We will only pay for orders which will are paid for, and this payment must be verified and order shipped out. The amount of your referral fee will be counted from the whole price of order excluding shipping price and we will not enforce any deductions to it, even in cases we must refund the order price to customer. We will not pay any refferal fees for orders of our register wholesalers. You may not purchase products during sessions initiated through the links on your site for your own use, for resale or commercial use of any kind. This includes orders for customers or on behalf of customers or orders for products to be used by you or your friends, relatives, or associates in any manner. Such purchases may result (in our sole discretion) in the withholding of referral fees or the termination of this Agreement.
In addition, you may not: (a) directly or indirectly offer any person or entity any consideration or incentive (including, without limitation, payment of money (including any rebate), or granting of any discount or other benefit) for using Special Links on your site to access our site (e.g., by implementing any "rewards" program for persons or entities who use Special Links on your site to access our site); (b) read, intercept, record, redirect, interpret, or fill in the contents of any electronic form or other materials submitted to us by any person or entity; (c) in any way modify, redirect, suppress, or substitute the operation of any button, link, or other interactive feature of our site; (d) make any orders or subscription requests, or engage in other transactions of any kind on our site on behalf of any third party, or authorize, assist, or encourage any other person or entity to do so; (e) take any action that could reasonably cause any customer confusion as to our relationship with you, or as to the site on which any functions or transactions (e.g., search, order, browse, and so on) are occurring; (f) post or serve any advertisements or promotional content around or in conjunction with the display of our site (e.g., through any "framing" technique or technology or pop-up windows), or assist, authorize, or encourage any third party to take any such action; or (g) attempt to circumvent the referral fee schedule or artificially increase your referral fees by intentionally featuring, purchasing or requesting or encouraging any third party to purchase low-price items offered on our site (as determined by us) for the purpose of exceeding any referral fee threshold. If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any referral fees otherwise payable to you under this Agreement and/or terminate this Agreement.
5. Referral Fee Payment
We will pay you referral fees on your demand once you send us a payment request. You must have at least $50 accumulated to be paid. We will not send smaller payments. We reserve 3 business days to settle your payment request. Your commission will be set to 15%
6. Policies and Pricing
Customers who buy products through this Program will be deemed to be customers of www.water-bongs-glass-pipes.com. Accordingly, all Bongin s.r.o. rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time.
7. Identifying Yourself as an Associate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between us and you, or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that Bongin s.r.o. supports, sponsors, endorses, or contributes money to any charity or other cause).
8. Limited License
We grant you a nonexclusive, revocable right to use the graphic image and text described in Section 8 and such other text or images for which we grant express permission, solely for the purpose of identifying your site as a Program participant and to assist in generating product sales. You may not modify the graphic image or text, or any other of our images, in any way. We reserve all of our rights in the graphic image and text, any other images, our trade names and trademarks, and all other intellectual property rights. You agree to follow our Trademark Guidelines, as those guidelines may change from time to time. We may revoke your license at any time by giving you written notice.
9. Responsibility for Your Site
You will be solely responsible for the development, operation, and maintenance of your website and for all materials that appear on your site. For example, you will be solely responsible for:
• the technical operation of your site and all related equipment
• the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
• ensuring that materials posted on your site does not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
• ensuring that materials posted on your site are not libelous or otherwise illegal
• We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
10. Term of the Agreement
The term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party electronically written notice of termination sent by email. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, and all Bongin s.r.o. trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. You are eligible to earn referral fees only on our sales of qualifying products that occur during the term, and referral fees earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on our site. Modifications may include, for example; changes in the scope of available referral fees, referral fee schedules, payment procedures, and Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
12. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
13. Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
15. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the European Union and The Czech Republic, without reference to rules governing choice of laws. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding to insure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.