MJCBDD Affiliate Program T&C
- The purpose of the Affiliate program is to permit the Affiliate to advertise MJ Website, MJCBDD products and services and to earn affiliate fees for Transactions and Sales made by Affiliate’s end users by potentially using the Discount Code in the MJCBDD Website.
- The Affiliate agrees to provide MJCBDD with valid information about Affiliate’s company and promotional methods, and to maintain up-to-date account information, including contact information, websites used, ownership, and any other information requested by MJCBDD. MJCBDD has the right to confirm and check the truth and accuracy of any registration information at any time.Please note that the verification of the Affiliate’s registration information, specifically, name, address and tax identification number, against a third party database may be considered under certain laws to constitute a “credit check” and the Affiliate hereby consent to any such verification process. Notwithstanding that, Affiliate’s participation in the Services as a publisher does not depend on your credit worthiness or financial stability. If any information is determined to be misleading, inaccurate or untruthful, MJCBDD may restrict, deny or terminate your account.
- During the term of this Agreement, the Affiliate is allowed:
- To place links on his website to the MJCBDD website.
- To place links in emails and other forms of electronic communication to the MJCBDD website.
- To market the assigned Discount Codes if awarded with one.
- In order to facilitate the advertisement MJCBDD will make available to the Affiliate data, images, text, link formats, widgets, links, and other linking tools and other information in connection with this Agreement. Publisher shall not alter, modify or otherwise change the creative content, links and code used to create the advertisements, text link, banner ad or coupon (“Creative”), or any Creative-related feature, that it obtains access to in connection with any Affiliate Program in any manner whatsoever, without Endoca’s prior express written consent.
- Site integration tags and tracking pixels (“Tags”) included in the Creative or otherwise incorporated may not be altered under any circumstances. Altering, removing or disabling Tags may jeopardize Affiliate’s ability to be paid for Transactions and is grounds for immediate termination of Affiliate’s account, with or without notice. The Affiliate will not, nor knowingly permit any person to, activate Creatives or inflate the amount of Transactions through any deceptive or misleading practice, method or technology including, but not limited to, the use of any spyware, device, program, robot, Iframes, hidden frames, redirects, spiders, computer script or other automated, artificial or fraudulent methods designed to appear like an individual, real live person performing an Transaction.
- Affiliate represents and warrants that all promotional means utilized by the Affiliate will not contain objectionable content (including but not limited to content that is misleading, illegal, and/or promoting illegal goods, services or activities), and will not mislead others. MJCBDD may review published information, conduct and any suspected fraudulent, abusive or otherwise illegal content or activity. Any validated breach of this Section is grounds for immediate termination of this Agreement, forfeit of Affiliate Fees, and deactivation of the Affiliate’s account.
- Affiliate will not enable the tracking code to collect personally identifiable information of Customers or potential Customers that would allow Affiliate to personally identify such Customer or potential Customer.
- Support for Affiliate’s program is available by contacting MJCBDD and reaching the appropriate person or support services.
- MJCBDD will track Transactions and Sales for reporting and affiliate fee accrual purposes and will make the reports available to the Affiliate summarizing those Transactions. Subject to other provisions in this Agreement, MJCBDD will credit the Affiliate a % Commission for each qualifying Transaction in accordance with the Affiliate Fee Schedule (Annex No. 1) and Affiliate Program terms. Between the 1st and 15th day of each calendar month, MJCBDD will credit any positive balance in the Affiliate account for Transactions reported for the applicable period. MJCBDD shall have no obligation to make payment of any Affiliate Fees for which payment has not cleared to MJCBDD.
- No Affiliate Fees will be issued for any amounts due to Publisher that total less than two hundred euros (200€) (“Payment Threshold”). Upon termination of this Agreement, all AffiliateFees due to Publisher that were actually collected from the applicable Customer, even amounts below the Payment Threshold, will be paid during the next billing cycle.
- Every Publisher must have a unique, valid taxpayer identification number, valid Social Security Number, or other applicable unique government identification. The Affiliate shall be responsible for all applicable taxes. You acknowledge and agree that you retain full responsibility for: (a) fulfilling your obligations with respect to VAT; (b) paying the VAT on the commissions collected and paid to you by MJCBDD; (c) immediately reviewing all invoices and requesting copies of any reports or invoices not received from MJCBDD; and (d) advising MJCBDD of any changes to Your tax identification information.
- The commissions will be calculated based on the gross transaction sum, excluding shipping packaging, taxes and optional coupon codes with a discount provided by MJCBDD . Payment of remuneration will only be made upon completion of the Customer’s transaction and subject to that MJCBDD has received full payment for these transactions.
- The payments to the Affiliate will be accrued on a monthly basis and will be paid by the end of the following month. Payment to the Affiliate will be made directly to the Affiliate’s bank account via bank transfer after receiving a valid invoice.
- Affiliate fee: This Affiliate Program Fee Schedule is part of the MJCBDD Affiliate Agreement that governs Affiliate’s participation in the MJCBDD Affiliate Program. This Schedule describes the affiliate fee rates (commissions) the Affiliate may earn as a participant in the Affiliate Program in accordance with the monthly revenue driven. The monthly revenue driven is calculated by summing all Transactions and Sales in a calendar month. The Affiliate can also request a personalised coupon code with a discount for customer which is optional. Note that all discounts for customers will be deducted from the gross amount when calculating the final commission.
Monthly driven Revenue > 0: 15% Commission *Monthly driven Revenue > 5000€: 17% CommissionMonthly driven Revenue > 10000€: 20% CommissionMonthly driven Revenue > 20000€: 22% Commission*Commission will be paid in a monthly basis when a threshold of 200€ in commission is reached. Otherwise the invoice will be sent at the end of the month in which this threshold is reached.
MJCBDD reserves the right to update its pricing for the Services and Commissions and/or change the Discount Codes for the Affiliate at any time.
- The Transaction and Sales generated by the Affiliate will exclude, and MJCBDD will not pay Affiliate fees on any of, the following:
- any Product or Service purchased through MJCBDD Website that violates the terms of this Agreement;
- any Product or Service purchased after termination of this Agreement;
- any Product or Service order that is cancelled or returned;
- there is an instance of a duplicate, fraudulent or incomplete entry or other similar error with respect to a Customer order;
- any Product or Service purchased by a customer who is referred to the MJCBDD Website through any of the following:
- Prohibited Paid Search Placement (an advertisement that the Affiliate purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions
- The Affiliate agrees that he will not at any time or in any manner divulge, disclose or communicate to any person, firm or corporation any trade, technical or technological secrets; any details of MJCBDD organization or business affairs, its manner of operation, its plans, processes, and/or other data; any names of past or present customers of MJCBDD; or any other information relating to the business of MJCBDD, without regard to whether all of the foregoing matters will be deemed confidential, material, or important.
Limits on MJCBDD Liability
- MJCBDD shall not be liable for costs and damages incurred by the Affiliate arising out of this Agreement, unless caused directly by the negligence of MJCBDD. MJCBDD shall not in any circumstances be liable for indirect or consequential damages and costs incurred by the Affiliate for any reason whatsoever.
- MJCBDD 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 MJCBDD Website.
- The Affiliate shall keep MJCBDD indemnified against any claims for damages or other claims for compensation arising from the contents of the Affiliate’s website or any incorrect information given. The Affiliate shall also compensate MJCBDD for any other damages or costs caused by the Affiliate’s improper, negligent or unauthorized use of MJCBDD Website.
Term and Termination
- This Agreement shall commence on the Effective Date and shall continue for a period of one (1) year. The Agreement shall automatically renew for a successive one (1) year term, unless either Party gives thirty (30) days’ notice to the other that it intends not to renew the Agreement at the end of the current term.
- MJCBDD is entitled to terminate this Agreement with immediate effect at any time, without prior written notice,without providing a cause and without incurring any liability to the Affiliate. MJCBDD may inform the Affiliate by email that this Agreement and the provided Discount Codes are no longer effective. The Affiliate must cease to use the service immediately upon the termination of this Agreement and delete all links to the MJCBDD websites.
- In the event of termination of services, the MJCBDD will pay to the Affiliate the accumulated remuneration on all Transactions and Sales, which were completed prior to the Agreement termination day.
Ownership and assignment
- MJCBDD owns all copyrights, trademarks, intellectual property rights, know-how or any other rights connected to the service or software necessary for the service. The Affiliate does not acquire any rights or licenses whatsoever under this Agreement other than to use links to MJCBDD website and market the Discount Codes according to the terms of this Agreement.
- Neither party shall assign or transfer this Agreement or any of its rights or obligations herein, whether in whole or in part without the prior written consent of the other.
- It is understood that the Affiliate is an independent contractor, and nothing contained in this Agreement shall be construed as appointing the Affiliate as an employee of MJCBDD. Correspondingly, it is understood that the Affiliate is solely responsible for the payment of all taxes on commissions paid by MJCBDD under this Agreement. It is agreed that MJCBDD shall do no withholding for income, self-employment, payroll or any other taxes. Moreover, nothing in this Agreement grants or authorizes either party to assume or to create any obligation, contract or liability, express or implied, on behalf or in the name of the other. Moreover, it is strictly understood that nothing contained herein shall serve to make the Affiliate an agent of MJCBDD, and any such relationship is hereby expressly disclaimed. All financial and other obligations associated with Affiliate’s business are the sole responsibility of Affiliate, the Affiliate shall be responsible for, and shall indemnify and hold MJCBDD free and harmless from, any and all claims, damages or lawsuits (including Endoca’s attorneys’ fees) arising solely out of the acts or Affiliate, its employees or its agents.