Affiliates Terms and Conditions
The following terms are used throughout this agreement:
- “You” – Throughout the context of this agreement, you are referred to as an Affiliate who is promoting the products and services brought to you by Dahmen Consulting OÜ and Tina Dahmen.
- “Us” – For the purposes of these Terms and Conditions, “us” is referred to us as DC, the company behindDahmen Consulting OÜ and Tina Dahmen
- Affiliate areas – Any membership area, access to tracking software, Google drive, group, content, email where you get access to any of our materials or intellectual property.
0. AFFILIATE PARTNER CODE OF CONDUCT:
- You agree to represent us as an affiliate with the utmost integrity, honesty and transparency. You promise to be upfront about the fact that you are an independent affiliate and that you receive commissions and not misrepresent the partnership in any way.
- You agree that all marketing has to be truthful and compliant. Anything you communicate in marketing or advertising any of our products or services must be true and accurate and follow all legal rules and regulations of any governmental authorities. Any untrue or fraudulent statements are strictly prohibited.
- You agree that it is your responsibility as an affiliate to ensure your friends/customers and followers are buying through the correct affiliate links, to ensure you receive commissions. We are not able to go back and assign credit to past purchases if someone uses the wrong link.
- You agree to not use any unethical, hacking tactics to gain commission or position in the leaderboards. Anything we notice is unethical or immoral (e.g. link hijacking and any similar tactics)
- You agree that you are NOT allowed to promote your affiliate link on our social media with our customers. Any sales found to be made by messaging our existing customers unsolicitedly to gain more commissions will result in all of your sales being disqualified.
- You agree that should you choose to incentivize your followers/friends with a special bonus for using your affiliate link (e.g. 20% off), that your commission changes from 50% to 30%.
- You agree NOT to participate in any spamming tactics using our affiliate link.
- You agree that if any additional VAT or sales tax is applicable on any purchase of the customers, you will not receive any commission on the VAT/sales tax amount. You only receive commissions on the price of the product as advertised EXCLUDING VAT.
- You agree that you are responsible for paying your own income, corporate, sales taxes (if applicable) or equivalent in the country of trading and you can receive no more than 50% commission of the value of the product sold at the time of purchase.
- You agree not to drive any fraudulent or fake traffic for the purpose of winning prizes in the competitions or else you will be disqualified.
- You agree to respect your fellow affiliates and if we find any sign of misconduct, to disqualify you from our affiliate program.
1. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
- 1a) All the content that is brought to you by us, should be kept confidential and is solely for your own discretionary rights and personal use, and that without our written consent off, you do not have any rights to modify/download/transfer/distribute/re-produce any of the materials that are placed by us in the affiliate areas, including the Facebook Group. You cannot use the content nor the internal systems and processes and duplicate those for your own business, nor teach the material to your own clients.
- 1b) DC respects your privacy and insists that you respect ours as well. Thus, consider this a mutual non-disclosure Agreement. You agree not to disclose, reveal, or make use of any confidential information or any transaction/conversation with DC during discussions, privately, in the affiliate areas or otherwise. You and us will keep private information in the strictest confidence and shall use their best efforts to safeguard confidential information.
- 1c) Confidential information shall include, without any limitation, any and all information which is not generally known to the public, related to or concerning: the business activities, dealings or strategy, content, training of DC and/or their officers, directors, affiliates, employees or contractors; any confidential information, knowledge and know-how, concerning the operations, products, services, procedures, or customers of DC, in any format whatsoever, including, without limitation the techniques, formulations, organization, design, implementation, preparation and other operations, methods, and accumulated experiences incidental thereto, and further including, without limitation, information relating to marketing techniques, advertising policies, procedures, promotions, customer lists, product design, membership lists, mailing lists, sales records, concepts, ideas, trade secrets, other proprietary information, training materials, and/or research of DC.
- 1d) The content provided by DC or third parties is on an “AS IS” basis and without limitation, we cannot provide any warranties (implied or expressed). As permitted by the law we hereby exclude from any infringements arising from any statements made in the content that is shared by us, in respect of liabilities, costs, damages, claims, losses and expenses, including but notwithstanding any content which may give rise to unlawful and derogatory statements or information shared amongst our affiliates.
- 7a) Nothing in these terms and conditions shall limit the other party to the exclusion from death and/or personal injury that is applicable under the full extent of the law. This extends to the other party’s employees, agents and subcontractors OR fraud or fraudulent misrepresentation.
- In any event that you are found to be negligible of any of the terms and conditions, then you agree to keep us indemnified of all losses, expenses, damages, claims and costs incurred by us in respect of any misleading statements and/or acts and/or omissions that may be carried out by you against us and our affiliates.
- All members are expected to:
- Comply with all rules and regulations, with or without limitation wherever applicable and in accordance with any international laws which relate to Anti-Bribery regulations.
- Comply with our anti-bribery processes that we may tell you about from time to time.
- Identify and advise us off any undue financial advantage or any other request that you may have received promptly to us.
- Failure to notify us in a timely manner will result in your being in breach of a material breach of your terms and conditions, resulting in immediate termination of your collaboration with us.
- Third parties who do not have a signed up on our platform or confirmed agreement, will not be classified as a party to them are eligible to be reliant on these terms.
- The Terms and Conditions of this website shall constitute the entire agreement between you and us and shall supersede all prior engagements, written or oral, relating to the subject matter (save as to where there will not be any limits to the other party in the event of any fraudulent activity).
- Any of these terms that may come into dispute, shall be interpreted under context of Estonian Law.
- In addition, dependent on the domicile of an affiliate of a particular country, reserve the right to bring proceedings in the residence of that country.
- If for any reason any of the clauses contained within this agreement is deemed to be invalid in the eyes of a Court in a particular jurisdiction, then we reserve the right to rely on the enforceability of all remaining terms under this agreement.
- None of these terms can be relied on to give way to either a Partnership or Agency Term in this context of access to the affiliate areas between any of the affiliates.
- As set out in these Terms, you agree to not resell, transfer, distribute or dispose of any of your rights and obligations that might bring us into disrepute and you agree to keep us indemnified at all times if you are found to be in breach of any of these terms.
- As this affiliate program continues to grow, from time to time we reserve the right to alter, amend or vary our terms and conditions that are set out as part of your Agreement with us. By using our website, and all affiliated affiliate links and areas you are automatically bound by these Terms and that the onus is on you to keep abreast of any variations that we carry out, without further notice to you.
11a) In the event that a dispute arises, in the first instance, please make your complaint in writing to:
Dahmen Consulting OÜ
Harju maakond, Kesklinna linnaosa, Sakala tn 7-2, 10141 Tallinn, Estonia