Affiliation General Conditions
GENERAL CONDITIONS OF USE FOR AFFILIATED USERS
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© 2016-2017 – Audio MusiKraft
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1.1. Welcome to audiomusikraft.com website provided by Audio MusiKraft (hereinafter «AUDIO MUSIKRAFT»). For your protection and ours, as a member of our affiliation program to the Site, we have established the general terms and conditions («Affiliation General Conditions»).
1.2. The Site's general terms and conditions also apply to any other Audio MusiKraft site property that you may consult from time to time. Your acceptance of the Terms and Conditions also applies to any other site offered by Audio MusiKraft by making the necessary adjustments.
1.3. AUDIO MUSIKRAFT offers to the User to promote the AUDIO MUSIKRAFT Service, in particular on its personal site, by means of the counterpart mentioned in the present Affiliation General Conditions, (hereinafter the «Service»).
1.5. As these terms are subject to change without notice, we urge the Affiliate User to periodically check this page. Any change to the Affiliation General Conditions will be added to this page and it is understood that your use of the Service, after the changes made to the Terms and Conditions, is your acceptance of the amended terms.
WHEREAS AUDIO MUSIKRAFT has created, developed, implemented and offers and operates a Product Advertising Service based on a platform made available to Affiliated Users by AUDIO MUSIKRAFT;
WHEREAS to generate sales revenues through the site of the Affiliated User, the latter has decided to set up one or more advertising campaigns proposed by AUDIO MUSIKRAFT;
The Parties undertake to respect all the terms of this agreement.
2.1. In this agreement, the following words and expressions shall have the meanings given to them by the following definitions:
"Internet User": A natural or legal person connected to the Internet network and using it to perform operations such as consulting sites, purchasing online services or products;
"Account": Refers to the exclusively private space, on the platform, provided by AUDIO MUSIKRAFT to the Affiliate User so that he may be informed and manage the premiums and other remuneration provided for herein;
"Agreement" means the present Agreement as it may be amended from time to time by AUDIO MUSIKRAFT;
"Platform": Page proposed by AUDIO MUSIKRAFT, accessible on the Internet at https://audiomusikraft.com/store/en/affiliate/account/allowing the Affiliate User to change personal information, the password, preferences and to access personalized tracking links offered by AUDIO MUSIKRAFT. The software compiles and records the generated commission history via the audiomusikraft.com web store;
"Affiliate User": A natural or legal person who has subscribed to an agreement with AUDIO MUSIKRAFT to bring new Internet Users which will use the AUDIO MUSIKRAFT services in accordance with the terms of this Agreement.
3.1. The purpose of this Agreement is to set the terms and conditions under which the referencing campaigns will be implemented on the Site (s) of the Affiliate User.
- Financial conditions
4.1. AUDIO MUSIKRAFT agrees to pay the Affiliate User a five percent (5 %) sales commission when an Internet User, after having clicked on a tracking code link present on an Affiliate User's site, and who goes to AUDIO MUSIKRAFT’s website and commits to a products and / or services purchase, in accordance with the general conditions of operation of the site and that the products and / or services purchased have been paid by the concerned Internet User. This sales commission excludes delivery and tax charges attributable to the total order amount.
- Promotional gifts
5.1.1. AUDIO MUSIKRAFT may, from time to time and in its sole discretion, give users and affiliate users free promotional gifts. These gifts are promotional offers from third parties which are not controlled by AUDIO MUSIKRAFT. These promotional gifts may be subject to special conditions on the part of their suppliers. AUDIO MUSIKRAFT disclaims all warranties, express or implied including, without limitation, all implied warranties of title, merchantability, fitness for a particular purpose in connection with these promotional gifts;
- Amount and Billing
6.1. Remuneration is calculated on the statistics basis recorded by the AUDIO MUSIKRAFT platform. The recorded statistics by the AUDIO MUSIKRAFT platform is the sole reference for calculating the remuneration to the Affiliate User. In order for the remunerations to work, the Internet Users and you must accept «cookies» used for internet referencing, otherwise referencing cannot be recorded. If you disapprove at any time or if you no longer wish to be bound by this agreement, your sole remedy is to terminate your participation in the Affiliate Program;
6.2. The Affiliate User's remuneration will be paid and owing by the Affiliate User only when he has earned a US $100.00 sum, calculated quarterly or according to the cycle determined by AUDIO MUSIKRAFT and at his absolute discretion, i.e. four references (March, June, September and December). Under no circumstances AUDIO MUSIKRAFT may be required to make payments for less than US $100.00. If minimum isn’t reached your balanced is saved for the next quarterly;
6.3. The Affiliate User is required to submit in writing within 30 days to AUDIO MUSIKRAFT, any dispute that he may make of any remuneration that AUDIO MUSIKRAFT transferred him after which the Affiliate User will be deemed to have accepted the adequacy of the remuneration;
6.4. Failure of an Affiliate User to comply with all terms and conditions governing its contractual relationship with AUDIO MUSIKRAFT, the payment of sums due to him will be subordinated to the settlement of the latter's debt in respect of AUDIO MUSIKRAFT.
- Method and burden of proof
7.1. Due to the purely computer character of AUDIO MUSIKRAFT's compensations, the parties acknowledge that no Affiliate User may require AUDIO MUSIKRAFT to provide him with any other proof of the performance of the compensations than the platform recordings of the operations performed, recordings which testifies the reality of the operations being performed on the site of the Affiliate User as part of the advertising campaign recorded on the platform.
- Affiliate User representations
8.1. The Affiliate User declares having received, from AUDIO MUSIKRAFT, all the information relating to the functionalities of the AUDIO MUSIKRAFT platform, to all the services offered by AUDIO MUSIKRAFT, as well as to the counterparts payable by AUDIO MUSIKRAFT for referencing;
8.2. The Affiliate User declares to guarantee AUDIO MUSIKRAFT harmful consequences that may result from the inaccuracy of the declarations of the present Agreement and guarantees it of any recourse that could be exerted by third parties within the framework or at the time of the conclusion of this Agreement;
8.3. The Affiliate User always declares, to be solely responsible for all content and operation of his or her websites excluding AUDIO MUSIKRAFT.
- Limitation of liability
9.1. Concerning the advertising campaigns present on the platform, AUDIO MUSIKRAFT does not guarantee to the Affiliate User a minimum sales commission volume or more generally a certain degree of success.
10. AUDIO MUSIKRAFT’s commitment
10.1. In order to allow the execution of compensations subject of the Agreement, AUDIO MUSIKRAFT undertakes to make available to the Affiliate User all the information and elements necessary for setting up, on the Affiliate User's site, advertising campaigns that are offered on the platform;
10.2. AUDIO MUSIKRAFT grants to the Affiliate User for the duration of the present agreement and for the whole World, the authorization to reproduce the brand and the Intellectual property of AUDIO MUSIKRAFT by the Affiliate User on all the visual, computer or audio supports strictly to the extent necessary for the fulfillment of this Agreement and for its duration.
- Affiliate User's Engagement
11.1. The Affiliate User agrees:
11.1.1. Not to carry out any massive spamming or invasive advertising of AUDIO MUSIKRAFT's opinion and in its sole discretion;
11.1.2. not to use any automatic means, agent, script or robot, to artificially generate traffic to AUDIO MUSIKRAFT;
11.1.3. not to buy keywords on the search engines for the proposed campaign on the platform unless AUDIO MUSIKRAFT has given him written permission;
11.1.4. not to frame, reduce, delete or otherwise prevent the full display of an AUDIO MUSIKRAFT web page accessed by a user after clicking on a part of an advertisement;
11.1.5. not to redirect a user other than to the AUDIO MUSIKRAFT page, offer a different version of the AUDIO MUSIKRAFT page than that of the page to which a user would get access to if he directly visited the advertiser's page, insert content between the display of advertising and access to AUDIO MUSIKRAFT's page, or otherwise offer anything other than a direct link between an advertisement and AUDIO MUSIKRAFT's page;
11.1.6. not to display advertisements, links or buttons on any web page or website that has pornographic, hateful, obscene, defamatory, violent or illegal content;
11.1.7. not to use the "Site Under" or "Pop Under" technique for the proposed campaign on the platform, unless AUDIO MUSIKRAFT has given written permission;
11.1.8. not to scan, explore, index or store or store, on an interim basis, information obtained from an advertisement, a link, a page of a game, a copy or derivative thereof;
11.1.9. for any reason , not to create a new account to benefit from the Affiliate Program after AUDIO MUSIKRAFT has terminated this Agreement;
11.1.10. not engage in an activity that may harm the image of AUDIO MUSIKRAFT or that otherwise damages AUDIO MUSIKRAFT’s reputation or makes it lose its value;
11.1.11. not to communicate to a third-party, the content of the website and the AUDIO MUSIKRAFT platform. Access to the Affiliate User's account is granted solely for the purpose of ensuring the consultation, tracking and management of the account;
11.1.12. not to divert to its purposes or that of third parties, the concept or any element of the AUDIO MUSIKRAFT platform;
11.1.13. Refer only to AUDIO MUSIKRAFT and refrain from entering into direct contact with this Internet User during the campaign and for six (6) months from the end of the campaign.
11.2. Failure to comply with paragraph 11.1 may result, in the sole discretion of AUDIO MUSIKRAFT, in the exclusion of the Affiliate User from the Affiliate Program and at any time the Platform and the non-payment of commissions to be due until then.
- Changes to the Affiliate User's Site
12.1. Any change in the name of the Affiliate User's site, as well as any change in its size, purpose, or update frequency, will have no effect on the Agreement which will apply by right and automatically to the modified site.
12.2. In the event that the Affiliated User "fragments" his site in several other different sites, this Agreement will apply by right and automatically to all new sites.
- Non-disclosure agreement
13.1. Both parties undertake not to reveal any information to a third-party about the execution of this Agreement and neither reveal statistical or technical information of any of the parties to any third-party.
14.1. This Agreement shall take effect on the date of its signature and shall expire upon cancellation by both parties, subject to compliance with these clauses. This Agreement may be terminated by simple written request, sent by registered letter with acknowledgment of receipt with 30 days notice.
- Invalidity of the Agreement
15.1. If any provision of this Agreement is found void under any applicable rule of law or law, it shall be deemed unwritten and shall not invalidate this Agreement;
15.2. The fact that AUDIO MUSIKRAFT has not required, temporarily or permanently, the application of a provision of the present clauses of this Agreement cannot be considered as a waiver of the rights held by AUDIO MUSIKRAFT.
- Applicable Law and Dispute Settlements
16.1. The introduction and the preamble are also part of this Agreement;
16.2. The site is operated from Montreal. Any legal question arising out of or related to your use of the site, as well as the questions related to these clauses, will be interpreted under the applicable Quebec and Canadian laws. The Montreal (Quebec), Canada Courts, have exclusive jurisdiction to decide any dispute arising out of or relating to these Terms and Conditions or your use of the Site. By using AUDIO MUSIKRAFT various services, the User admits without reserve the jurisdiction of Quebec Courts, for any dispute;
16.3. The Agreement is deemed signed by both parties when the Affiliate has validated the registration form and AUDIO MUSIKRAFT has sent him a confirmation email confirming it. The signature is made electronically, AUDIO MUSIKRAFT keeps all data in databases to prove that it is the Affiliate User who has accepted this Agreement;
16.4. The headings in this Agreement are included for purely practical reasons and shall be without relevance to the interpretation of the Agreement.