Affiliate Terms and Conditions
**General terms and conditions of business**
1. **General**
These Terms and Conditions (the "Affiliate Agreement") govern the Affiliate Program provided by HumiCura GmbH ("we" or "us"). These Terms and Conditions constitute the entire agreement and understanding between HumiCura GmbH and the person or entity participating in the Affiliate Program (the "Affiliate" or "you").
Please read this Agreement carefully as it is a legally binding agreement between you and HumiCura GmbH. By submitting your application and using the Affiliate Program, you agree to comply with all of the terms and conditions set forth in this Affiliate Agreement. HumiCura GmbH may terminate your Affiliate Account at any time, with or without notice, due to any conduct that violates this Affiliate Agreement, that HumiCura GmbH deems harmful to its business, or where use of the Affiliate Program is harmful to another party.
2. **Tracking recommendations**
HumiCura GmbH will provide the affiliate (you) with specific referral links to link products, pages and other marketing content to HumiCura GmbH. Affilo.io (a referral tracking software) will track users who visit these referral links via cookies that expire after [ENTER YOUR COOKIE DAYS] days. Only users who make a purchase while the cookie is active will be considered referrals from the affiliate and will be tracked as such in the affiliate dashboard.
The partner is not permitted to modify or change the referral links or cookies in any way. Affilo.io and HumiCura GmbH are not responsible for tracking or reporting errors that may arise due to changes to the referral links or cookies.
3. **Affiliate fees and payouts**
We pay our affiliates on the [PAYOUT DATE e.g. 15th] day of each calendar month. A referral will be eligible for payout (“Eligible Referral”) after the commission holding period of [NUMBER OF HOLDING PERIOD] days has expired if it meets all of the following criteria:
- The order payment has been made in full by the referred customer.
- The referral account remains active and in good standing.
- The referral's account has not experienced any refunds, chargebacks or other cancellations.
The Affiliate is entitled to a one-time payment of [ENTER COMMISSION PERCENTAGE] of the total order value (excluding shipping and taxes) in [ENTER YOUR STORE'S DEFAULT CURRENCY] for each active Eligible Referral recorded in the Affiliate Dashboard. All Eligible Referrals will be paid out in bulk on the [PAYOUT DATE, e.g. 15th] day of each calendar month.
All affiliate fees will be paid in [ENTER YOUR STORE'S DEFAULT CURRENCY] only, unless HumiCura GmbH decides otherwise in its sole discretion. Payment will be made via PayPal to the email address provided in the affiliate dashboard. The affiliate is responsible for providing complete and accurate information necessary to pay the affiliate commission and is solely responsible for any delays in payment resulting from their failure to do so.
Referrals will expire after 12 calendar months and any unpaid affiliate commissions will be forfeited.
In the event of any activity deemed suspicious by HumiCura GmbH, HumiCura GmbH may delay payment of affiliate commissions in order to verify the relevant transactions. HumiCura GmbH reserves the right to recalculate, invalidate or disqualify any referrals or affiliate commissions in the event of fraudulent, misleading or otherwise illegal activity.
4. **Advertising**
HumiCura GmbH hereby grants the Partner a non-exclusive, non-transferable, limited license to use HumiCura GmbH's logos, advertisements and banners solely for the purpose of promoting our service within the Partner Program. This license expires upon termination of the Partner's participation in the Partner Program.
The Partner may only display advertisements that contain HumiCura GmbH's logos or service marks in good taste. The Partner may not use HumiCura GmbH's logos or service marks in a manner that, in HumiCura GmbH's sole discretion, portrays HumiCura GmbH in a negative light.
We may provide the Partner with marketing materials, but the Partner is solely responsible for its own marketing activities. All marketing activities must be conducted professionally and in full compliance with all applicable laws.
HumiCura GmbH may, without prior notice, require the Partner to remove or modify any advertising at its sole discretion.
5. **Termination**
The partner can terminate participation in the partner program with immediate effect by sending a written notice of termination to HumiCura GmbH. The termination must be made via the messaging system of the affiliate marketing software Affilo.io.
HumiCura GmbH reserves the right to terminate the Partner's participation in the Partner Program at any time due to any conduct that constitutes a material breach of this Partner Agreement or that HumiCura GmbH, in its sole discretion, deems harmful to its business or a third party.
Upon termination, the Affiliate will lose access to their Affiliate Dashboard and all potential or unpaid Affiliate Fees will be forfeited.
6. **Relationship between the parties**
HumiCura GmbH, Affilo.io and the Partner are independent contractors. Nothing in this Partner Agreement will create a partnership, employment relationship, agency or joint venture between the parties. The Partner is not authorized to act on behalf of HumiCura GmbH or Affilo.io.
7. **Limitation of Liability**
The Affiliate Program is provided on an "as is" and "as available" basis and use of the Affiliate Program is at the Affiliate's own risk. HumiCura GmbH and Affilo.io make no representations or warranties, express or implied, with respect to the Affiliate Program or any service or information provided through the Affiliate Program.
HumiCura GmbH and Affilo.io are not responsible for any damage, injury or economic loss arising from the use of the affiliate program. Should any part of the affiliate program cause damage or inconvenience to the affiliate or anyone making a claim through the affiliate, the affiliate assumes responsibility and all costs thereof.
The Partner indemnifies HumiCura GmbH and Affilo.io and their directors, officers, employees, agents, affiliates and third parties from any losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, attorneys' fees, investigation costs) arising out of or in connection with the operations or use of the Affiliate Program by the Partner or third parties.
8. **Changes**
HumiCura GmbH may, in its sole discretion, change or modify this Affiliate Agreement at any time with or without notice. Such changes or modifications will be effective for all Affiliates upon posting of the modified Affiliate Agreement. The Affiliate is responsible for reading this document from time to time to ensure that its use of the Affiliate Program continues to be consistent with this Affiliate Agreement. The Affiliate Program Terms and Conditions are also available on the Affiliate Dashboard.
If any change is unacceptable to the Partner, the Partner's sole remedy shall be to terminate this Partner Agreement. The Partner's continued participation in the Partner Program shall constitute binding acceptance of such changes.
9. **Miscellaneous**
The Partner represents and warrants that he/she is over 18 years of age and is authorized to enter into this Partner Agreement.
The Affiliate represents and warrants that its actions and participation in the Affiliate Program will at all times comply with all applicable laws, rules, regulations and requirements of governmental authorities. HumiCura GmbH and Affilo.io reserve the right to terminate the Affiliate's participation in the Affiliate Program if HumiCura GmbH and/or Affilo.io determines that the Affiliate's conduct or participation in the Affiliate Program violates such laws, rules, regulations or requirements.
This Partner Agreement constitutes the entire agreement between HumiCura GmbH, Affilo.io and the Partner. This Partner Agreement supersedes all other contracts or agreements between the parties, and neither party is bound by any statements or representations not set out in this Agreement.