Terms and Conditions - Marzena Kopta

Terms and Conditions

Marzena Kopta Affiliate Program Terms of Service

Agreement

By signing up to be an Affi­lia­te in the Marze­na Kop­ta Affi­lia­te Pro­gram („Pro­gram”) you are agre­eing to be bound by the fol­lo­wing terms and con­di­tions („Terms of Servi­ce”).

Marze­na Kop­ta 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 Pro­gram, inc­lu­ding the rele­ase of new tools and reso­ur­ces, shall be sub­ject to the Terms of Servi­ce. Con­ti­nu­ed use of the Pro­gram after any such chan­ges shall con­sti­tu­te your con­sent to such chan­ges.

Vio­la­tion of any of the terms below will result in the ter­mi­na­tion of your Acco­unt and for for­fe­itu­re of any out­stan­ding affi­lia­te com­mis­sion pay­ments ear­ned during the vio­la­tion. You agree to use the Affi­lia­te Pro­gram at your own risk.

Account Terms

  • You must be 18 years or older to be part of this Pro­gram.
  • You must live in the Uni­ted Sta­tes to be an Affi­lia­te.
  • You must be a human. Acco­unts regi­ste­red by „bots” or other auto­ma­ted methods are not per­mit­ted.
  • You must pro­vi­de your legal full name, a valid ema­il address, and any other infor­ma­tion requ­ested in order to com­ple­te the signup pro­cess.
  • Your login may only be used by one per­son – a sin­gle login sha­red by mul­ti­ple people is not per­mit­ted.
  • You are respon­si­ble for main­ta­ining the secu­ri­ty of your acco­unt and pas­sword. Marze­na Kop­ta can­not and will not be lia­ble for any loss or dama­ge from your failu­re to com­ply with this secu­ri­ty obli­ga­tion.
  • You are respon­si­ble for all Con­tent posted and acti­vi­ty that occurs under your acco­unt.
  • One per­son or legal enti­ty may not main­ta­in more than one acco­unt.
  • You may not use the Affi­lia­te Pro­gram for any ille­gal or unau­tho­ri­zed pur­po­se. You must not, in the use of the Servi­ce, vio­la­te any laws in your juris­dic­tion (inc­lu­ding but not limi­ted to copy­ri­ght laws).
  • You may not use the Affi­lia­te Pro­gram to earn money on your own Marze­na Kop­ta pro­duct acco­unts.

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

Once you have signed up for the Affi­lia­te Pro­gram, you will be assi­gned a uni­que Affi­lia­te Code. You are per­mit­ted to pla­ce links, ban­ners, or other gra­phics we pro­vi­de with your Affi­lia­te Code on your site, in your ema­ils, or in other com­mu­ni­ca­tions. We will pro­vi­de you with guide­li­nes, link sty­les, and gra­phi­cal artwork to use in lin­king to Marze­na Kop­ta. We may chan­ge the design of the artwork at any time witho­ut noti­ce, but we won’t chan­ge the dimen­sions of the ima­ges witho­ut pro­per noti­ce.

To per­mit accu­ra­te trac­king, repor­ting, and refer­ral fee accru­al, we will pro­vi­de you with spe­cial link for­mats to be used in all links betwe­en your site and the Marze­na Kop­ta. You must ensu­re that each of the links betwe­en your site and the Marze­na Kop­ta pro­per­ly uti­li­zes such spe­cial link for­mats. Links to the Marze­na Kop­ta pla­ced on your site pur­su­ant to this Agre­ement and which pro­per­ly uti­li­ze such spe­cial link for­mats are refer­red to as „Spe­cial Links.” You will earn refer­ral fees only with respect to sales on a Marze­na Kop­ta pro­duct occur­ring direc­tly thro­ugh Spe­cial Links; we will not be lia­ble to you with respect to any failu­re by you or some­one you refer to use Spe­cial Links or incor­rec­tly type your Affi­lia­te Code, inc­lu­ding to the extent that such failu­re may result in any reduc­tion of amo­unts that would other­wi­se be paid to you pur­su­ant to this Agre­ement.

Affi­lia­te links sho­uld point to the page of the pro­duct being pro­mo­ted.

Referral fees/commissions and payment

For a Pro­duct sale to be eli­gi­ble to earn a refer­ral fee, the custo­mer must click-thro­ugh a Spe­cial Link from your site, ema­il, or other com­mu­ni­ca­tions to https://marzenakopta.pl and com­ple­te an order for a pro­duct during that ses­sion.

We will only pay com­mis­sions on links that are auto­ma­ti­cal­ly trac­ked and repor­ted by our sys­tems. We will not pay com­mis­sions if some­one says they pur­cha­sed or some­one says they ente­red a refer­ral code if it was not trac­ked by our sys­tem. We can only pay com­mis­sions on busi­ness gene­ra­ted thro­ugh pro­per­ly for­mat­ted spe­cial links that were 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 begin once you’ve ear­ned more than $20 in affi­lia­te inco­me. If your affi­lia­te acco­unt never cros­ses the $20 thre­shold, your com­mis­sions will not be reali­zed or paid. We are only respon­si­ble for pay­ing acco­unts that have cros­sed the $20 thre­shold.

Identifying yourself as a Marzena Kopta Affiliate

You may not issue any press rele­ase with respect to this Agre­ement or your par­ti­ci­pa­tion in the Pro­gram; such action may result in your ter­mi­na­tion from the Pro­gram. In addi­tion, you may not in any man­ner misre­pre­sent or embel­lish the rela­tion­ship betwe­en us and you, say you deve­lop our pro­ducts, say you are part of Marze­na Kop­ta or express or imply any rela­tion­ship or affi­lia­tion betwe­en us and you or any other per­son or enti­ty except as expres­sly per­mit­ted by this Agre­ement (inc­lu­ding by expres­sing or imply­ing that we sup­port, spon­sor, endor­se, or con­tri­bu­te money to any cha­ri­ty or other cau­se).

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

Payment schedule

As long as your cur­rent affi­lia­te ear­ning are over $20, you’ll be paid each month. If you have­n’t ear­ned $20 sin­ce your last pay­ment, we’ll pay you the fol­lo­wing month after you’ve cros­sed the thre­shold.

Customer definition

Custo­mers who buy pro­ducts thro­ugh this Pro­gram will be deemed to be our custo­mers. Accor­din­gly, all of our rules, poli­cies, and ope­ra­ting pro­ce­du­res con­cer­ning custo­mer orders, custo­mer servi­ce, and pro­duct sales will apply to tho­se custo­mers. We may chan­ge our poli­cies and ope­ra­ting pro­ce­du­res at any time. For exam­ple, we will deter­mi­ne the pri­ces to be char­ged for pro­ducts sold under this Pro­gram 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 site, you sho­uld not display pro­duct pri­ces on your site. We will use com­mer­cial­ly reaso­na­ble efforts to pre­sent accu­ra­te infor­ma­tion, but we can­not guaran­tee the ava­ila­bi­li­ty or pri­ce of any par­ti­cu­lar pro­duct.

Your responsibilities

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

- The tech­ni­cal ope­ra­tion of your site and all rela­ted equ­ip­ment
– Ensu­ring the display of Spe­cial Links on your site does not vio­la­te any agre­ement betwe­en you and any third par­ty (inc­lu­ding witho­ut limi­ta­tion any restric­tions or requ­ire­ments pla­ced on you by a third par­ty that hosts your site)
– The accu­ra­cy, truth, and appro­pria­te­ness of mate­rials posted on your site (inc­lu­ding, among other things, all Pro­duct-rela­ted mate­rials and any infor­ma­tion you inc­lu­de within or asso­cia­te with Spe­cial Links)
– Ensu­ring that mate­rials posted on your site do not vio­la­te or infrin­ge upon the rights of any third par­ty (inc­lu­ding, for exam­ple, copy­ri­ghts, tra­de­marks, pri­va­cy, or other per­so­nal or pro­prie­ta­ry rights)
– Ensu­ring that mate­rials posted on your site are not libe­lo­us or other­wi­se ille­gal
– Ensu­ring that your site accu­ra­te­ly and ade­qu­ate­ly disc­lo­ses, either thro­ugh a pri­va­cy poli­cy or other­wi­se, how you col­lect, use, sto­re, and disc­lo­se data col­lec­ted from visi­tors, inc­lu­ding, whe­re appli­ca­ble, that third par­ties (inc­lu­ding adver­ti­sers) may serve con­tent and/or adver­ti­se­ments and col­lect infor­ma­tion direc­tly from visi­tors and may pla­ce or reco­gni­ze cookies on visi­tors» brow­sers.

Compliance with Laws

As a con­di­tion to your par­ti­ci­pa­tion in the Pro­gram, you agree that whi­le you are a Pro­gram par­ti­ci­pant you will com­ply with all laws, ordi­nan­ces, rules, regu­la­tions, orders, licen­ses, per­mits, judg­ments, deci­sions or other requ­ire­ments of any govern­men­tal autho­ri­ty that has juris­dic­tion over you, whe­ther tho­se laws, etc. are now in effect or later come into effect during the time you are a Pro­gram par­ti­ci­pant. Witho­ut limi­ting the fore­go­ing obli­ga­tion, you agree that as a con­di­tion of your par­ti­ci­pa­tion in the Pro­gram you will com­ply with all appli­ca­ble laws (fede­ral, sta­te or other­wi­se) that govern mar­ke­ting ema­il, inc­lu­ding witho­ut limi­ta­tion, the CAN-SPAM Act of 2003 and all other anti-spam laws.

Term of the Agreement and Program

The term of this Agre­ement will begin upon our accep­tan­ce of your Pro­gram appli­ca­tion and will end when ter­mi­na­ted by either par­ty. Either you or we may ter­mi­na­te this Agre­ement at any time, with or witho­ut cau­se, by giving the other par­ty writ­ten noti­ce of ter­mi­na­tion. Upon the ter­mi­na­tion of this Agre­ement for any reason, you will imme­dia­te­ly cease use of, and remo­ve from your site, all links to https://marzenakopta.pl, and all of our tra­de­marks, tra­de dress, and logos, and all other mate­rials pro­vi­ded by or on behalf of us to you pur­su­ant here­to or in con­nec­tion with the Pro­gram. Marze­na Kop­ta rese­rves the right to end the Pro­gram at any time. Upon pro­gram ter­mi­na­tion, Marze­na Kop­ta will pay any out­stan­ding ear­nings accru­ed abo­ve $20.

Termination

Marze­na Kop­ta, in its sole discre­tion, has the right to suspend or ter­mi­na­te your acco­unt and refu­se any and all cur­rent or futu­re use of the Pro­gram, or any other Marze­na Kop­ta servi­ce, for any reason at any time. Such ter­mi­na­tion of the Servi­ce will result in the deac­ti­va­tion or dele­tion of your Acco­unt or your access to your Acco­unt, and the for­fe­itu­re and reli­nqu­ish­ment of all poten­tial or to-be-paid com­mis­sions in your Acco­unt if they were ear­ned thro­ugh frau­du­lent, ille­gal, or over­ly aggres­si­ve, questio­na­ble sales or mar­ke­ting methods. Marze­na Kop­ta rese­rves the right to refu­se servi­ce to any­one for any reason at any time.

Relationship of Parties

You and we are inde­pen­dent con­trac­tors, and nothing in this Agre­ement will cre­ate any part­ner­ship, joint ven­tu­re, agen­cy, fran­chi­se, sales repre­sen­ta­ti­ve, or employ­ment rela­tion­ship betwe­en the par­ties. You will have no autho­ri­ty to make or accept any offers or repre­sen­ta­tions on our behalf. You will not make any sta­te­ment, whe­ther on your site or other­wi­se, that reaso­na­bly would con­tra­dict any­thing in this Sec­tion.

Limitations of Liability

We will not be lia­ble for indi­rect, spe­cial, or con­se­qu­en­tial dama­ges (or any loss of reve­nue, pro­fits, or data) ari­sing in con­nec­tion with this Agre­ement or the Pro­gram, even if we have been advi­sed of the possi­bi­li­ty of such dama­ges. Fur­ther, our aggre­ga­te lia­bi­li­ty ari­sing with respect to this Agre­ement and the Pro­gram will not exce­ed the total refer­ral fees paid or pay­able to you under this Agre­ement.

Disclaimers

We make no express or implied war­ran­ties or repre­sen­ta­tions with respect to the Pro­gram or any pro­ducts sold thro­ugh the Pro­gram (inc­lu­ding, witho­ut limi­ta­tion, war­ran­ties of fit­ness, mer­chan­ta­bi­li­ty, nonin­frin­ge­ment, or any implied war­ran­ties ari­sing out of a cour­se of per­for­man­ce, dealing, or tra­de usa­ge). In addi­tion, we make no repre­sen­ta­tion that the ope­ra­tion of the Marze­na Kop­ta 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 ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Arbitration

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

Miscellaneous

This Agre­ement will be gover­ned by the laws of The Uni­ted Sta­tes, witho­ut refe­ren­ce to rules gover­ning cho­ice of laws. You may not assign this Agre­ement, by ope­ra­tion of law or other­wi­se, witho­ut our prior writ­ten con­sent. Sub­ject to that restric­tion, this Agre­ement will be bin­ding on, inu­re to the bene­fit of, and be enfor­ce­able aga­inst the par­ties and the­ir respec­ti­ve suc­ces­sors and assi­gns. Our failu­re to enfor­ce your strict per­for­man­ce of any pro­vi­sion of this Agre­ement will not con­sti­tu­te a waiver of our right to sub­se­qu­en­tly enfor­ce such pro­vi­sion or any other pro­vi­sion of this Agre­ement.

The failu­re of Marze­na Kop­ta 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 con­sti­tu­tes the enti­re agre­ement betwe­en you and Marze­na Kop­ta and govern your use of the Servi­ce, super­ce­ding any prior agre­ements betwe­en you and Marze­na Kop­ta (inc­lu­ding, but not limi­ted to, any prior ver­sions of the Terms of Servi­ce).

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