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Terms of Use MEDUSE EXPERIENCE AFFILIATE PROGRAM

The following terms, entered into by and between “You” (or the “Affiliate”) and Meduse Design s.r.o. (“Meduse”), govern Affiliate’s participation in a marketing program that allows the Affiliate to earn commissions on sales of Meduse products initiated via links the Affiliate has placed (within the terms of the “Meduse Affiliate Program”).

 

The Affiliate acknowledges the acceptance of the Terms of Use by having filled the Payment e-mail address, having checked the box stating “Agree to our Terms of Use” and having clicked the “Register” button, thereby assenting to these Terms of Use between Meduse and Affiliate (also referred to as “Agreement”).

 

1.    Definitions

The following terms when used in this Agreement shall have the meanings described below:

  1. “Artificial Traffic” is a collective term for invalid Clicks and Transactions, which may originate (for example and without limitation) from automatic openings, spiders, robots, requests in email or chat rooms, script generators and Clicks which are not generated by a browser, Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.
  2. “Click” means a click by a Visitor on a link the Affiliate has placed connecting to a Linked
  3. “Linked Website” (shop.meduse-experience.com) means a website, featuring Meduse products and administered by Meduse, which is connected to a link the Affiliate has placed.
  4. “Affiliate Interface” means the login-protected website that provides the Affiliate with reporting on activity and commissions, account and service management, and access to the Terms of Use, as it may be updated from time to
  5. “Traffic” is a collective term for valid Clicks and
  6. “Transaction” means a Visitor who has purchased a Meduse product featured on the Linked
  7. “Visitor” means any person who connects to a Linked Website via a link placed by the

 

2.  The Service

  1. Upon sign-up, the Affiliate shall be allowed to place links towards the Linked Website and becomes authorized to receive commission payments for sales of Meduse products to end users who purchase through the links placed by the
  2. Meduse reserves the right in its sole discretion to modify, amend or change these Terms of Use at any time. The Affiliate is expected to check these Terms of Use from time to time to keep informed of any amendments to

 

the Meduse Affiliate Program, and must comply with the requirements of the Meduse Affiliate Program, including in particular any requirements as to the nature and content of the websites Affiliate has placed links in as well as the use of third-party trademarks and logos. The amended contractual conditions shall be deemed approved if Affiliate does not exercise this right of termination.

 

3.   Obligations of the Affiliate

  1. Affiliate is solely responsible to ensure that the websites used to place links in conform at all times to all applicable laws, rules and regulations, including but not limited to any copyright
  2. If You are a natural person You represent and warrant that you are at least 18 years of age. If You have not reached the age of 18, a parent or guardian must consent to Your sign-up to Meduse service. The sign-up of an Affiliate below the age of 18 without parental or guardianship consent will be
  3. You represent and warrant that the information furnished to Meduse about Yourself is true, accurate, current and complete and you agree to update Your information on the Affiliate Interface as necessary to maintain its truth and accuracy. You must notify Meduse immediately of any changes in the information by updating the information on the Affiliate’s
  4. You represent and warrant that either the rights to all information and content on the website you place links in belong to You or that the owner of the website has given permission to such publication. You also represent and warrant that the information on the Affiliate’s website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are, and shall not be, offensive or
  5. Affiliate must not in any way generate or contribute to generating Artificial Traffic to Linked
  6. Affiliate will not submit fake
  7. Affiliate must not interfere or disrupt any other person from using the Linked Website, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or in any other manner encourage or facilitate violations of these Terms of
  8. Affiliate must notify Meduse immediately of any known or suspected improper or wrongful use of Your links to the Linked Websites and/or to the Meduse Affiliate Program or of Meduse’s service in any way
  9. Affiliate will not engage in typo-squatting or own a typo domain. Domain names must not include or use misspellings of “Meduse”. Misspellings of domains include those with missing or extra characters and wrong character
  10. Affiliate must not own or place links in a domain which includes the trademark of
  11. Affiliate must not operate or utilize a website, or email a link to

 

such a website which contains or promotes any of the following

types of content: illegal, violent, libelous, defamatory, obscene, abusive, hacking, bigoted, anti-brand messaging or that offer illegal goods or services.

  1. Affiliate must not use or place links on copycat sites, sites under construction, doorway pages, sites or pages with automatic
  2. Any content or images used from Meduse websites must be expressly allowed for use by Affiliate partners in the Meduse Affiliate
  3. Affiliate must not promote Meduse products using spam or unsolicited commercial email. The Affiliate warrants the following:
    • each addressee on an e-mail list has opted-in to receive e-mails from the Affiliate; (b) upon request the Affiliate will provide verified opt-in status for recipients of mailing lists used to promote Meduse products; (c) each e-mail sent by the Affiliate must contain instructions to unsubscribe from receiving future

Affiliate’s e-mail address must be included in all Affiliate e-mails.

The Affiliate must not use the Meduse brand name or misspellings in the “From” address line.

  1. Affiliate must not use adware/malware to promote Meduse products
  2. Affiliate must not bid for search engine traffic using the Meduse brand or product keywords or similar terms, or any misspellings of

Affiliates must endeavor to remain below Meduse’s own paid search ads at all times.

  1. Affiliate is not allowed to place links on couponing or cash back
  2. Affiliate is not allowed to use own affiliate program links for Affiliate’s own orders.
  3. In order to deviate from any of the Affiliate obligations as defined by this Agreement, Affiliate must have prior written permission from

 

4.   Obligations of Meduse

Meduse undertakes to execute payments to Meduse Affiliate Network Affiliates in accordance with these Terms of Use.

 

5.   Remuneration

  1. The Affiliate will earn a 10% commission of the final sales price of each Transaction (after applied discounts, VAT and delivery costs excluded) initiated via a Linked Website. Payments are are guaranteed monthly but Meduse reserves the right to make weekly payments of
  2. A Transaction is considered valid when a Customer referred by Affiliate concludes a payment according to his payment instructions, does not cancel his order and does not request a refund under the Refund policy within 30-35 days from Transaction date. Transaction date is the date when Meduse has confirmed to have received the payment for the customer’s

 

  1. The commission rate may be changed by Meduse with 10 days notice with effect from the 11th day (or at a later date if so specified by Meduse).
  2. The commission may differ within special Affiliate campaigns introduced by Meduse
  3. The Affiliate agrees to “self-billing”, which means that Meduse will create the invoice on behalf of the Affiliate, upon request of the
  4. Payment of remuneration will be made to the Affiliate if, prior to the payment date, the sum of the commission on Transactions exceeds the “Affiliate Minimum Payment” threshold of 100 EUR and a minimum of 2 orders has been generated since the creation of the Affiliate

 

  1. These Terms of Use shall not create or be deemed to create an employer-employee relationship between Meduse and the
  2. If commissions on one or more Transactions cannot be paid to the Affiliate within six (6) months after the Transaction date due to no fault of Meduse, the respective Transactions will be
  3. The Affiliate is responsible for the payment of all tax for payments made to him by

 

6.   Contests and Promotions

  1. If You use Your website or any other platform to communicate or administer a promotion (i.e. a contest or sweepstakes) for Meduse products, Affiliate is solely responsible for the lawful operation of that promotion, including but not limited to:
  1. Offer terms and eligibility requirements (i.e. age and residency restrictions)
  2. Compliance with applicable rules and regulations governing the promotion and all prizes offered (i.e. registration and obtaining necessary regulatory approvals).
    1. Any such promotion must include a complete release of Meduse by each entrant or
    2. Meduse will not assist Affiliate in the administration of a promotion without prior written

 

7.   Limits on Meduse’s Liability

  1. Meduse shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement unless caused directly by the negligence of Meduse in providing its service. In the event that Meduse is liable for any of the aforementioned costs or damages, in no event shall Meduse’s cumulative liability exceed the payments made to the Affiliate pursuant to these Terms of Use. Meduse shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason

 

  1. Meduse will not be liable for defects in the service, interruptions in the accessibility to the service, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in Meduse’s service or for any damage caused by viruses or components to the service, the Affiliate’s software and/or the Affiliate’s website. Meduse shall not be liable for any error in the implementation of the links the Affiliate places on websites or for the specified function of the

 

8.   Term and Termination

  1. These Terms of Use shall be effective upon Affiliate’s sign-up as a Meduse Affiliate and shall remain in effect until
  2. Both parties are entitled to terminate this Agreement with immediate effect at any time. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to Linked Websites the Affiliate has placed on
  3. If Affiliate’s participation in the Meduse Affiliate Program is terminated by either party, Meduse will pay any outstanding amount due to Affiliate on the next following payment date (unless the Affiliate Agreement is terminated for the reasons stated in Section 4.2 below).
  4. Violation of these Terms of Use may, in Meduse’s sole discretion, result in termination of Your participation in the Meduse Affiliate Program. Furthermore, Meduse is entitled to terminate this Agreement and/or suspend the Affiliate from the Meduse Affiliate Program for any reason, including but not limited to if:
  1. Meduse in its sole discretion considers the Affiliate or the content of the websites links are placed in inappropriate in any
  2. Affiliate acts fraudulently or illegally in any way or the Affiliate generates or tries to generate Artificial Traffic to Linked Websites or the Affiliate in any other way breaches any of the provisions of these Terms of

 

9.   Indemnity

The Affiliate (and any third party for whom the Affiliate operates a website that links to the Linked Website) shall indemnify, defend and hold Meduse and each of their officers, directors, members, employees, affiliates, subcontractors and agents harmless against any claims, losses, damages, expenses (including reasonable attorneys’ fees) arising out of or relating to Affiliate’s participation in the Meduse Affiliate Program, including but limited to Affiliate’s breach of these Terms of Use, actual or alleged infringement of a person’s intellectual property rights, the contents of the Affiliate’s website, any incorrect information given to Meduse by the Affiliate, Affiliate’s improper, negligent or unauthorized use of Meduse’s service and technical problems or loss of data caused by the Affiliate on Meduse’s website, or any promotion related to Meduse products that you administer on your website or any other platform. You will cooperate as

 

fully required by Meduse, as applicable, in the defense of any such claim. Meduse reserves the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You will not settle any claim without the prior written consent of Meduse.

 

10.    Assignment of the Agreement

The Affiliate may not assign or transfer his rights or obligations under these Terms of Use in whole or in part to any third party without the prior written consent of Meduse. The Affiliate acknowledges and agrees that Meduse may assign its rights and obligations under these Terms of Use and share or transfer information provided by the Affiliate during sign-up or Affiliate sales statistics to a third party.

 

11.    Severability and Waiver

If any provision of these Terms of Use or part thereof should to any extent be or become invalid or unenforceable, such provision shall be deemed separable from the remaining provisions of these Terms of Use and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms of Use. No waiver by Meduse of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Meduse to assert a right or enforce provision under these Terms of Use shall not constitute a waiver of such right or provision.

 

12.    Intellectual Property Rights

Affiliate acknowledges and agrees that Meduse owns all copyrights, trademarks, know-how or any other intellectual property rights connected to the Meduse Affiliate Program, including but not limited to the content of Meduse’s website, or software necessary for the Affiliate’s participation in the Meduse Affiliate Program. The Affiliate does not acquire any intellectual property rights, licenses or any rights whatsoever under these Terms of Use other than to use links to Linked Websites in accordance with these Terms of Use.

 

13.    Consent

The Affiliate consents to Meduse sending e-mails related to the Meduse Affiliate Program to the Affiliate’s e-mail address.

 

14.    Survival

Any provision of these Terms of Use that contemplates performance or observance subsequent to termination or expiration of these Terms of Use, including but not limited to Your indemnity and the limit on Meduse’s liability, shall survive termination or expiration of this Agreement and continue in full force and effect.

 

15.    Applicable Law

This Agreement shall be governed by the laws of Czech republic.

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