THIS IS A LEGAL AGREEMENT BETWEEN YOU (“YOU,” “YOUR,” OR “YOURS”), AND MUUNEL EYEWEAR, A DELAWARE CORPORATION LOCATED IN Mihai bravu 223, sector 3, 030301 Bucharest (“MUUNEL,” “WE,” “US,” OR “OUR”). BY READING THE ” THESE AFFILIATE TERMS AND CONDITIONS (“AFFILIATE TERMS”), YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE AFFILIATE TERMS AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
Any version of these Affiliate Terms in a language other than English is provided for convenience, and You understand and agree that the English language will control if there is any conflict.
These Affiliate Terms contain the complete terms and conditions that apply to You when becoming an affiliate in Muunel’s affiliate program (the “Affiliate Program”). The purpose of these Affiliate Terms is to allow You to make affiliate commissions through sales generated from Your website to Our products in the manner set forth herein.
If you have not already done so, you need to complete an application to the Affiliate Program (the “Application”). You need to identify Your website, describe how you plan to promote Muunel’s Services on your website and provide contact information. The Application can be found at firstname.lastname@example.org.
Acceptance of Your Application.
If we accept Your Application, You will receive an email notification confirming that Your Application has been approved. You understand and agree that We may accept or reject Your Application at Our sole discretion. Your application will be rejected if any of the information You provide is incorrect or incomplete, if Your website promotes materials sexual, pornographic, violent, or violate any person’s intellectual property rights, or for any other reason; we may deem fit to reject Your Application.
Access to our Affiliate Program.
If We have accepted Your Application, We will send You a welcome email with Your login details so that You may enter Our secure affiliate center. From this center, You will be able to download Promotional Materials and qualifying links and access Your reports which will describe Our calculation of the affiliate commissions due to You.
You will ensure that your information, including your email address, is complete, accurate, and up-to-date. We may send communications to the email address associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.
You must be in good standing with Romanian Law.
As a member of Our Affiliate Program, You represent, warrant, and covenant that You will:
Link to Our Products. You will implement the links, banners, and other means of linking Your website to Our Services (collectively, “Referral Links”). You can download certain technical materials, including links, HTML code, banner ads, copy and other content, and any documentation for the preceding (collectively, “Referral Materials”). When Our customers click through the Referral Links to purchase an item on the Muunel site, you can receive commissions for qualifying individual marketplace transaction purchases as described in Affiliate Commissions.
You will need to update the Referral Materials on Your website to maintain consistency and accuracy between Our Services and the Referral Specifications.
Follow and Comply with All Copyright Laws: It is your responsibility to follow and comply with all applicable copyright and other laws that pertain to Your website. We will not be responsible if You use another person’s copyrighted material in violation of the law.
As a member of Our Affiliate Program, You understand and agree that:
We Can Monitor Your Site: You, at this moment, give Us the right to monitor Your website at any time to determine if You are following these Affiliate Terms and to notify You of any changes We feel You should make to remain in compliance.
You will not promote using cookie-stuffing: You may not use cookie stuffing techniques or click-generators that set the tracking cookie without the user clicking on the Referral Link. You will not artificially generate clicks or impressions on your site or create visits on the Muunel site, whether by a robot or software program.
You will not mimic Our media and content: Publishers must make sure that their media does not copy or resemble the look and feel of the Muunel website or create the impression that Your media is part of Our company’s website. You also understand that verbatim using the language found on Our pages is not allowed unless it describes the content found on any given course landing page.
You will be Responsible for Using content found on Our Site.
You will not use spyware, malware, virus, and the like
You may not represent yourself as an agent or employee of Muunel or mean that you have the authority to bind Muunel to a contract.
Muunel must approve all coupon codes available in the extension. You also agree that your browser extension cannot allow users to upload new coupons into the extension’s feed.
You will ensure your sub-affiliates follow all of Our terms: You have the right to work with a sub-affiliate network so long as your sub-affiliates follow Our Affiliate Terms.
Eligibility: Except in jurisdictions where such a transaction is not permitted, You are eligible to earn affiliate commissions through Referrals (as defined in section (b) below) during the term of these Affiliate Terms according to the calculation described below.
Amount due: The exact amount of affiliate commissions due to You in any given will be calculated in the following manner:
The affiliate commission is set up in your offers in Your Publisher account. A “Referral” is a paying customer that You refer from Your website to Our website using the Referral Materials following the Referral Specifications.
Payment of affiliate commissions will be made every month. Payments are disbursed according to the payment method You have selected in Your affiliate account.
Affiliates are responsible for all charges, fees, taxes, exchange rates, surcharges, and other expenses incurred to receive affiliate payments. Please check with your receiving banking institution to determine if any of these apply to your account.
Suppose We determine that payment of affiliate commissions to You in any jurisdiction is illegal under any laws. In that case, We may reserve the right not to pay affiliate commissions for any sales made in that jurisdiction.
We may withhold Your final payment for a reasonable time to ensure that the correct amount is paid to You.
You now grant Us a non-exclusive, non-transferable, revocable right to use Your names, titles, and logos in the advertising, marketing, promoting, and publicizing in any manner of Our rights under these Affiliates Terms.
We both agree not to use the other’s proprietary materials in any manner that is disparaging or that otherwise portrays the other in a negative light. We each reserve all of our respective rights in the proprietary materials covered by this license. Either of us may revoke this license at any time by giving the other written notice ending our engagement under these Affiliate Terms and Your Affiliate status.
WE MAKE NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING MUUNEL. ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED.
WE WILL NOT BE LIABLE TO YOU CONCERNING ANY SUBJECT MATTER OF THESE AFFILIATE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Muunel and its employees, representatives, agents, and affiliates against any claims, suits, actions, or other proceedings brought against them based on or arising from any claim resulting from Your breach of these Affiliate Terms.
You or Muunel can Each End Our Engagement Under these Affiliate Terms: Either Us or You may end these Affiliate Terms AT ANY TIME, with or without cause, by giving the other party written notice.
From time to time, We may update these Terms to clarify Our practices or to reflect new or different practices,Muunel reserves the right in its sole discretion to modify and make changes to these Affiliate Terms at any time at Our sole discretion. If any modification is unacceptable to You, Your only option is to end Your participation in the Affiliates Program by removing Us as an advertiser in Your account. You should visit the Services regularly to ensure You are aware of any changes to the Affiliate Terms, as any revised Affiliate Terms shall supersede all previous Affiliate Terms.
You represent and warrant to Us that:
These Affiliate Terms constitute Your legal, valid, and binding obligation, enforceable against You following the terms and conditions set forth herein;
You have the full right, power, and authority to accept and be bound by these Affiliate Terms and to perform Your obligations under these Affiliate Terms without the approval or consent of any other party;
You have sufficient right, title, and interest in and to the rights granted to Us in these Affiliate Terms; and,
YOU HAVE READ AND TAKEN INTO ACCOUNT THE LIMITATION OF LIABILITY AND WARRANTY DISCLAIMER PROVISIONS OF THESE AFFILIATE TERMS before ACCEPTING THESE AFFILIATE TERMS.
Independent Contractors. Each of us shall be deemed independent contractors concerning the subject matter of these Affiliate Terms, and nothing contained in these Affiliate Terms shall be deemed or construed in any manner as creating any partnership, joint venture, employment, agency, fiduciary, or other similar relationship.
Governing Laws. The substantive laws of Romania shall govern these Affiliate Terms without reference to its choice or conflicts of law principles that would require the application of the laws of another jurisdiction
Entire Agreement. These Affiliate Terms represent the agreement between Us and You and shall supersede all prior agreements and communications between us, oral or written.
Headings and Titles. The headings and titles contained in these Affiliate Terms are included for convenience only and shall not limit or otherwise affect the terms herein.