(“Terms and conditions for affiliates“, As of: February 24, 2010)
1 Scope
These terms and conditions regulate the participation in the affiliate partner programs of von enjoytrade naglieri, Industriestrasse 17, CH-6005 Lucerne (hereinafter referred to as enjoymedia.ch). By participating in the affiliate partner program, the partner acknowledges these terms and conditions. Enjoymedia.ch does not recognize provisions that differ from these, unless they confirm them in writing.
2 Conclusion of contract
2.1 A contract will be concluded when the participant registers, disposes of a bank account and enjoymedia.ch accepts him as a partner. During the registration, the participant has to enter all data necessary and he must inform enjoymedia.ch without delay in case of any changes to these data. Enjoymedia.ch reserves the right to decline partners without stating any reasons.
2.2 Minors are excluded from participation in the partner program. Partner websites must not violate legal stipulations or have contents that are seditious, racist, glorify violence, are pornographic or harmful to minors. Websites which are not allowed to be made available to the public are also excluded from the program.
3 Partners
The partners advertise by using hyperlinks to the offers of enjoymedia.ch. They will receive a remunerations as described in the following provisions. Participation in the partner program is free for the partners. The partner can choose from the advertising material offered and they can delete or exchange the links they use at any time.
4 Advertising material; partner website
4.1 enjoymedia.ch provides the partner online or by other means with free advertising material (informational texts, banners, logos etc.). Enjoymedia.ch continuously updates this advertising material. After consultation with enjoymedia.ch, the partner will put the advertising material in a prominent place on his website.
4.2 When integrating the links into his website, the partner must follow the instructions of enjoymedia.ch regarding the technical implementation and maintenance. Only links that have been provided to the partner by enjoymedia.ch can be used, as this is necessary to capture and log the users that are directed to enjoymedia.ch from the partner's website and this is the only way a smooth settlement can be ensured.
4.3 As prices are subject to change, the partner is not entitled to include any price information or guarantees of performance in his description other than the price lists and advertising texts provided by enjoymedia.ch
5 Customer acquisition
5.1 The partner makes the affiliate link provided by enjoymedia.ch available to potential customers of enjoymedia.ch. Affiliate links must be used within 30 days with cookies activated to ensure a correct settlement.
5.2 enjoymedia.ch logs all clicks for a statistical record. These logs can be accessed in the protected partner area.
5.3 enjoymedia.ch administrates the purchases made by customers in this way and is responsible for further handling, in particular for the technical connection and for issuing invoices.
6 Advertising subsidy
6.1 The partner shall receive a sales commission of 10 percent (excluding shipping and taxes) for the first sales contract concluded between a customer and enjoymedia.ch (for new customers of enjoymedia.ch). Only customers who conclude an effective sales contract within 30 days' of referral shall be included in this commission.
6.2 Unless otherwise agreed upon, enjoymedia.ch shall settle and transfer the sales commission to the account indicated by the partner at the end of each month.
6.3 If a customer who has been referred by the partner fails to pay the full amount of the purchase price to enjoymedia.ch, purchase contracts become ineffective, are cancelled or rescinded in any other way, the sales commission will become inapplicable retroactively and be cancelled. A purchase contract is also considered to be ineffective, if the new customer of enjoymedia.ch is not regarded as sufficiently creditworthy and cannot become a customer of enjoymedia.ch for this reason.
6.4 Upon payment of the sales commission, all claims by the partner have been satisfied. Any claims to refunding of additional costs and expenses in connection with the activity as an affiliate partner are excluded.
7 Licenses
7.1 Any copyright and trade rights to enjoymedia.ch as well as further protection rights of enjoymedia.ch shall remain with enjoymedia.ch. Within the scope of these terms and conditions, Enjoymedia.ch grants the partner a simple, non-transferrable right which can be cancelled at any time to use the material for the purpose of advertising by creating links to the website of enjoymedia.ch on the partner's website. The partner must not change the HTML codes for links, banners etc. which are provided by enjoymedia.ch
7.2 This license shall expire once the partner terminates his participation in the affiliate program of enjoymedia.ch.
8 Duties and area of responsibility
8.1 enjoymedia.ch will present the partner as an affiliate partner on the website of enjoymedia.ch in a suitable form (e. g. in the form of a list of names and the company logo), as soon as a merchant referred by him has passed the test by enjoymedia.ch. The form of the presentation will be decided upon in consultation with the partner.
8.2 The partner is responsible for building, running and maintaining this website as well as for any contents which appear on this website, in particular for the correctness of the material of enjoymedia.ch displayed on his website and for ensuring that the material on the website does not infringe the rights of third parties or is illegal or offensive in any other way.
8.3 The partner has the duty to indemnify enjoymedia.ch against any claims by third parties and costs in connection with the defense against claims by third parties which are related to the construction, maintenance and contents of the site the partner is responsible for.
8.4 The partner is obligated not to design or present his website in such a way that might lead to danger of confusion with the website of enjoymedia.ch or which might suggest that the partner website is the website of enjoymedia.ch or a part of the website of enjoymedia.ch. The partner shall not use any materials from enjoymedia.ch for which he has not received the express consent from enjoymedia.ch.
8.5 The partner is not entitled to register at an online search engine using these keywords or to directly or indirectly distribute other advertising materials which relate to enjoymedia.ch, unless he has presented this material to enjoymedia.ch and received a written permission. Enjoymedia.ch shall not refuse such a permission for inadequate reasons.
8.6 The partner is not entitled to create or accept offers on behalf of enjoymedia.ch or to represent enjoymedia.ch. The partner shall not make any representations to third parties which may suggest that he has the power of representation.
9 Duration of contract
9.1 The duration of contract begins when the partner starts using the online system of enjoymedia.ch and can be terminated at any time by either party be means of a written termination. Regardless of a termination by enjoymedia.ch, the advertising subsidies that have arisen until the time of termination will be paid by enjoymedia.ch.
9.2 At the time the contract ends, it is the partner's duty to delete all banners and buttons of enjoymedia.ch from his website and to confirm this to enjoymedia.ch in writing. Enjoymedia.ch will settle and pay all advertising subsidies that have arisen until that time.
9.3 Further claims from a due termination of this cooperation are excluded by both parties.
10 Contractual penalty
If the partner willfully tries to affect the statistics and the payment he is due to receive by means of considerable attempts at manipulation, a contractual penalty in the amount of CHF 4.000.00 excl. VAT shall be due. The same shall be true if a user who has already been banned from the program because he acted contrary to the contract participates again or attempts to participate again using a false name.
11 Final clauses
11.1 This agreement shall exclusively be governed by Swiss law. Lucerne is the place of jurisdiction.
11.2 enjoymedia.ch reserves the right to modify conditions of this affiliate program at any time. The partner will be notified about the changes in text form. If the partner cannot accept the changes to the agreement, he is entitled to cancel the agreement. If he fails to cancel within two weeks from receipt of the text informing him about the changes, it is assumed that he accepts the changes.
11.3 Should a provision under this agreement be invalid or become invalid, both parties shall strive to find a provision which comes as close as possible to the economic purpose of the invalid provision.
12 Technical defects
12.1 enjoymedia.ch guarantees that the service will be available 95% per month on average. Within this time, billing via enjoymedia.ch can be guaranteed.
12.2 enjoymedia.ch is not responsible for willful attacks by third parties on their servers and on the Internet.
13 Impermissible contents
13.1 Sending unsolicited email advertising (spam), the use of deceptive links and indication of false email adresses, names or data is not permissible.
13.2 enjoymedia.ch does not check the contents of partner sites and is not responsible for them. The participant has to indemnify enjoymedia.ch against any damage arising from a violation of this duty.
14 General limitation of liability
Damage claims against enjoymedia.ch are excluded, except in cases of willful or grossly negligent behavior or in case of violation of fundamental contractual duties. The same shall apply to claims for consequential damage or consequential harms caused by a defect. Any liability shall be limited to the amount that was predictable upon concluding the contract and that is typical of the damage in such case.
15 Text form requirement
Any statements to enjoymedia.ch as well as changes to the agreement must be made in text form. This also applies to the repeal of the text form requirement itself.
16 Privacy
The participants' data will be saved by enjoymedia.ch in order to fulfill our contractual obligations and to communicate about the affiliate program. These data will only be used to carry out the contractual purposes and will neither be shared with third parties nor used for commercial purposes.
17 Salvatory clause
Should one provision of these terms and conditions be ineffective, the other provisions shall remain in effect.
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