General Terms and Conditions for the Partner Programme

Agreement

By registering for the Mountpress Partner Programme („Programme“), you agree to the following terms and conditions („Terms of Use“).

Mountpress reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Programme, including the release of new tools and resources, will be subject to the Terms of Service. Your continued use of the Programme following any such changes shall constitute your acceptance of such changes.

A breach of any of the terms below will result in the cancellation of your account and the forfeiture of any outstanding affiliate commission payments earned during the breach. You agree to use the affiliate programme at your own risk.

Conditions

  • You must be at least 18 years of age or older to participate in this programme.
  • You have to live in the EU to be a partner.
  • You must be a human. Accounts registered by „bots“ or other automated methods are not permitted.
  • You must provide your full name, a valid email address and all other requested information to complete the registration process.
  • Your login may only be used by one person - a single login used by several people is not permitted.
  • You are responsible for the security of your account and password. DIY Werbeartikel selbst herstellen cannot and will not be liable for any loss or damage arising from your failure to comply with this security obligation.
  • You are responsible for all content that you publish and for all activities that take place under your account.
  • A natural person or legal entity may not hold more than one account.
  • You may not use the partner programme for illegal or unauthorised purposes.
  • You may not violate any laws in your jurisdiction (including, but not limited to, copyright laws) when using the Service.
  • You may not use the affiliate programme to earn money with your own Mountpress product accounts.

Links/graphics on your website, in your emails or other communications

Once you have signed up for the affiliate programme, you will be assigned a unique affiliate code. You are permitted to place links, banners or other graphics that we provide to you with your affiliate code on your website, in your emails or in other communications. We will provide you with guidelines, link styles and graphic templates to use when linking to Mountpress. We may change the design of the artwork at any time without notice, but we will not change the dimensions of the images without notice.

To enable accurate tracking, reporting and referral fee crediting, we provide you with special link formats that must be used in all links between your website and Mountpress. You must ensure that each of the links between your website and the Mountpress properly utilises these special link formats. Links to the Mountpress that are placed on your website in accordance with this Agreement and that properly use such special link formats will be referred to as „Special Links“. You will receive referral fees only for sales of a Mountpress made directly through Special Links; we will not be liable to you if you or any person you refer fails to use Special Links or enter your affiliate code correctly, even to the extent that such failure may result in a reduction of amounts that would otherwise be paid to you under this Agreement.

Affiliate links should refer to the page of the advertised product.

Agency fees/commissions and payments

In order for a referral commission to be paid on a product sale, the customer must click on a specific link from your website, email or other communication to https://www.mountpress.shop and complete an order for a product during that session.

We only pay commissions for links that are automatically tracked and reported by our systems. We do not pay commissions when someone claims to have made a purchase or when someone claims to have entered a referral code if this has not been recorded by our system. We can only pay commissions for business generated through properly formatted special links that have been automatically tracked by our systems.

We reserve the right to disqualify commissions earned through fraudulent, illegal or overly aggressive, questionable sales or marketing methods.

Payments only start when you have earned more than €20 in affiliate income. If your affiliate account never exceeds the €20 threshold, your commissions will not be realised or paid out. We are only responsible for paying out accounts that have exceeded the €20 threshold.

Identify yourself as a Mountpress affiliate

You may not issue any press releases relating to this Agreement or your participation in the Programme; such action may result in your expulsion from the Programme. In addition, you may not misrepresent or embellish the relationship between us and you in any way, claim that you develop our products, say that you are part of Mountpress, or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted in this Agreement (including by stating or implying that we support, sponsor, endorse, or contribute money to a charity or other cause).

You may not purchase products through your affiliate links for your own use. Such purchases may (at our sole discretion) result in the withholding of referral fees and/or the termination of this Agreement.

Payment plan

As long as your current affiliate income is above €20, you will be paid every month. If you have not earned €20 since your last payment, we will pay you the next month after you have exceeded the threshold.

Definition of the customer

Customers who purchase products through this programme are considered our customers. Accordingly, all of our rules, policies and operating procedures regarding customer orders, customer service and product sales apply to these customers. We may change our policies and operating procedures at any time. For example, we set prices for products sold under this programme in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect products that you have listed on your website, you should not display product prices on your website. We will use reasonable endeavours to present accurate information but cannot guarantee the availability or price of any particular product.

Your duties

You are solely responsible for the development, operation and maintenance of your website and for all materials that appear on your website. For example, you are solely responsible for:

- the technical operation of your website and all associated devices
- ensuring that the display of specific links on your website does not violate any agreement between you and a third party (including, but not limited to, any restrictions or requirements imposed on you by a third party hosting your website)
- The accuracy, truth and appropriateness of the materials published on your website (including, but not limited to, any product-related materials and any information you include in or link to specific links)
- Ensuring that the materials published on your website do not infringe the rights of third parties (e.g. copyrights, trademarks, privacy or other personal or proprietary rights)
- Ensuring that the material published on your website is not defamatory or otherwise illegal
- Ensure that your website accurately and appropriately discloses, either through a privacy policy or otherwise, how you collect, use, store and disclose information collected from visitors, including, if applicable, that third parties (including advertisers) may serve content and/or advertising and collect information directly from visitors and place or recognise cookies on visitors' browsers.

Compliance with laws

As a condition of your participation in the Program, you agree that you will comply with all laws, ordinances, rules, regulations, orders, licences, permits, rulings, decisions or other requirements of any governmental authority having jurisdiction over you, whether such laws, etc. are now in effect or later come into effect while you are a participant in the Program. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Programme, you will comply with all applicable laws (federal, state or otherwise) that apply to marketing emails, including but not limited to the CAN-SPAM Act of 2003 and all other anti-spam laws.

Duration of the agreement and the programme

The term of this agreement begins when we accept your programme application and ends when it is terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by providing written notice of termination to the other party. Upon termination of this Agreement for any reason, you will immediately cease use of and remove from your website all links to https://www.mountpress.shop and all of our trademarks, trade dress and logos and all other materials provided to you by us or on our behalf pursuant to this Agreement or in connection with the Programme. Mountpress reserves the right to terminate the Programme at any time. Upon termination of the Programme, Mountpress will pay any outstanding winnings in excess of €20.

Termination

Mountpress, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Programme or any other Mountpress service for any reason at any time. Such termination of the Service will result in the deactivation or cancellation of your account or access to your account and the forfeiture and relinquishment of all potential or payable commissions in your account if earned through fraudulent, illegal or overly aggressive, questionable sales or marketing methods. Mountpress reserves the right to refuse service to anyone for any reason at any time.

Relationship between the parties

You and we are independent contractors, and nothing in this Agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between the parties. You are not authorised to make or accept any offers or representations on our behalf. You will not make any statements, whether on your website or otherwise, that may be inconsistent with the provisions of this section.

Limitation of liability

We shall not be liable for any indirect, special or consequential damages (or loss of revenue, profits or data) arising in connection with this Agreement or the Programme, even if we have been advised of the possibility of such damages. In addition, our total liability arising under this Agreement and the Programme shall not exceed the total amount of the Referral Fees paid or payable to you under this Agreement.

Exclusions of liability

We make no warranties or representations, express or implied, with respect to the Programme or the products sold through the Programme (including, without limitation, warranties of fitness, merchantability, non-infringement or implied warranties arising from course of performance, course of dealing or usage of trade). In addition, we make no representation that the operation of the Mountpress will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

Independent investigation

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. YOU ACKNOWLEDGE THAT WE MAY AT ANY TIME SOLICIT (DIRECTLY OR INDIRECTLY) CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE APPROPRIATENESS OF PARTICIPATING IN THE PROGRAMME AND ARE NOT RELYING ON ANY REPRESENTATIONS, WARRANTIES OR STATEMENTS OTHER THAN THOSE SET FORTH IN THIS AGREEMENT.

Arbitration

Any dispute relating in any way to this Agreement (including actual or alleged breaches of this Agreement), to transactions or activities under this Agreement, or to your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that to the extent you have in any way violated or threatened to violate our intellectual property rights, we may seek injunctive or other equitable relief in any court (and you consent to non-exclusive jurisdiction and venue in such courts) or other court of competent jurisdiction. The arbitration under this Agreement will be conducted under the applicable rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the extent permitted by applicable law, no arbitration under this Agreement shall be joined with any arbitration involving any other party subject to this Agreement, whether through class arbitration or otherwise.

Miscellaneous

This Agreement shall be governed by the laws of the EU, in particular those of Austria, without reference to choice of law rules. You may not assign this Agreement, whether by operation of law or otherwise, without our prior written consent. Subject to this limitation, this Agreement shall be binding upon, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce strict performance by you of any provision of this Agreement shall not constitute a waiver of our right to subsequently enforce that provision or any other provision of this Agreement.

The failure of Mountpress to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitute the entire agreement between you and Mountpress and govern your use of the Service, superseding any prior agreements between you and Mountpress (including, but not limited to, any prior versions of the Terms of Service).