Terms and Conditions

Chris­tian Mor­gen­weck Affi­liate Pro­gram Terms of Service

Agree­ment

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

Chris­tian Mor­gen­weck 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. Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck. 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 Chris­tian Mor­gen­weck. You must ensure that each of the links bet­ween your site and the Chris­tian Mor­gen­weck pro­perly uti­li­zes such spe­cial link for­mats. Links to the Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck 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 http://christian-morgenweck.com 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 Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck 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 monht 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 http://christian-morgenweck.com, 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. Chris­tian Mor­gen­weck reser­ves the right to end the Pro­gram at any time. Upon pro­gram ter­mi­na­tion, Chris­tian Mor­gen­weck will pay any out­stan­ding ear­nings accrued above $20.

Ter­mi­na­tion

Chris­tian Mor­gen­weck, 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 Chris­tian Mor­gen­weck 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. Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck 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 Chris­tian Mor­gen­weck and govern your use of the Ser­vice, super­ce­ding any prior agree­ments bet­ween you and Chris­tian Mor­gen­weck (inclu­ding, but not limi­ted to, any prior ver­si­ons of the Terms of Service).

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