Below you will find the Partner Conditions. We kindly request you to read it carefully. By registering as a Partner, you agree to accept these Partner Terms and Conditions.
Articles: All products offered in the Area.
Surroundings: Opencircuit and every other by Opencircuit designated application.
Opencircuit: The private company Opencircuit.
Opencircuit Brands: Of Opencircuit word and figurative marks, as well as other distinguishing signs.
Content: (Part of) the range of Articles in the Environment, such as text, images, reviews, downloads, which Opencircuit made available through the website for the purpose of the Partner Program.
Cookie time: The setting through Opencircuit of the First party cookie that determines which period (time) the cookie remains active on the computer of the Customer.
First party cookie: A small (text) file, which is placed on the computer of the Customer as a result of a visit by the Customer to the Environment via the Partner link, containing all kinds of relevant information.
Customer: Any user of the Partner Site who accesses the Environment via the Partner Link and can therefore purchase Items from and through Opencircuit.
Last Cookie Counts: The principle whereby the sale is assigned to the last marketing channel through which the Customer has accessed the Environment
Partner: Any natural person from the age of eighteen (18) years or legal person who has the Opencircuit Affiliate Program Terms and Conditions has been accepted and by Opencircuit has been accepted as a Partner to provide Customers with access to the Environment via his / her Partner Link (s).
Partnerlink: An electronic link to one of our websites, which contains his code, and which he makes public or has made public via the internet (in particular the Partner Site)
Partner program conditions: these Partner Program terms and conditions, including all information as included on the website.
2.1. Anyone aged eighteen (18) and older who has a Partner Site can register as a partner at Opencircuit.
2.2. Registration as Opencircuit Partner implies acceptance of the Partner Program terms and conditions and an obligation to comply with the Partner Program terms and conditions.
2.3.To be registered as a Partner, the Partner must:
a) have completed the registration form completely and truthfully;
b) confirm that the Affiliate Program terms and conditions are accepted by clicking the “Apply” button in the application form;
c) have been accepted as a Partner by Opencircuit.
2.4. Opencircuit in principle inform you within seven (7) days of receipt of the fully completed application form confirming acceptance of the Partner Program conditions or Opencircuit you accept as a Partner.
2.5. Opencircuit can refuse a registration without stating reasons and at any time. If Opencircuit refuses a registration, no commission will be paid for the period prior to the refusal and thereafter.
2.6. Opencircuit will in any case refuse a registration if the Partner Site:
a) does not have (own) content;
b) already has an account;
c) has no relationship with (the products on) Opencircuit;
d) actively calls for donation or sponsorship of a cause / organization;
is) involves a loyalty or savings-like character or cash back construction;
f) the name of Opencircuit or variations thereof in the domain name;
g) intellectual property rights, trademark rights or other rights of Opencircuit or any third party violates or allows to do so;
h) harm the good name and reputation of Opencircuit;
i) engages in, promotes or promotes illegal activities;
j) has a sexual, pornographic, offensive and / or violent character;
k) is in any way contrary to public order and / or morality;
l) discriminates on the basis of race, sex, religion and / or philosophy of life;
Whether or not there is one or more of these circumstances is exclusively at the discretion of Opencircuit.
3.1. The Partner Site should in no way create the impression to the public that it is Opencircuit is, or through Opencircuit is developed. It should also be unambiguously clear that Opencircuit has no control whatsoever over and is not responsible for the Partner Site. The Affiliate shall make no mistake that the Articles promoted through the Affiliate Site are not by the Affiliate, but through Opencircuit are sold.
3.2. Partner only acquires the non-exclusive non-transferable right the Opencircuit Trademarks and Content to be used during the term and in accordance with the Partner Program terms and conditions solely for the purpose of the Opencircuit Partner program. The Partner will thereby always take all possible directions given from time to time Opencircuit follow up immediately. Partner will not make changes to the appearance of the Opencircuit Marks, the Content and / or the Articles and this use will never be misleading or for Opencircuit in a somewhat harmful manner.
Partner acknowledges that:
a) all intellectual property rights, including but not limited to the Opencircuit Brands and the Content are and will remain the property of Opencircuit; in
b) all intellectual property rights concerning the Articles are and remain the property of the relevant rightholders.
Without prejudice to the provisions of this article, the Partner will always retain the intellectual property rights and all other rights of an exclusive nature Opencircuit and fully respect third parties.
3.3. The Partner acknowledges this upon payment at Opencircuit Air Miles can be redeemed but this does not mean that Partner may give the impression that he is part of the Air Miles program.
3.4. The Partner is not allowed to use the Opencircuit Use trademarks or corresponding signs to name the Partner Site or enter as a keyword for advertising programs - such as but not limited to Google Adwords within search engines and other online platforms.
3.5. The Partner is obliged if his / her site contains music Content in the immediate vicinity thereof to display the following statement: Copyright Muze UK Ltd of © Muze UK Ltd.
3.6. The Partner will only use the Content for the purpose of it Opencircuit Partner Program and make no changes to it.
3.7. The prices of the Articles in the Area can change regularly. The Partner will ensure that the prices / availability of the Articles (if any) stated on the Partner Site are updated each time so that they are at all times in accordance with the prices / delivery time as stated in the Environment from time to time.
3.8. With due observance of Article 8.1, the Partner will refrain from any act or omission by which Opencircuit and / or the Partner may be in breach of applicable laws and regulations.
3.9. Once a Partner has been accepted into the Partner Program, it is not permitted that, by means of an amendment, the content of the Partner Site in which the Partner has included a Partner Link:
a) does not have (own) content;
b) has no relationship with (the products on) Opencircuit;
c) actively calls for donation or sponsorship of a cause / organization;
d) involves a loyalty or savings-like character or cash back construction;
e) the name of Opencircuit or variations thereof in the domain name;
f) intellectual property rights, trademark rights or other rights of Opencircuit or any third party violates or allows to do so;
g) harm the good name and reputation of Opencircuit;
h) engages in, promotes or promotes illegal activities;
i) has a sexual, pornographic, offensive and / or violent character;
j) is in any way contrary to public order and / or morality;
k) discriminates on the basis of race, sex, religion and / or philosophy of life;
3.10. The Partner is not permitted to use his Partner Link other than on the Partner Sites included in his account.
3.11. The Partner will at all times act in accordance with all guidelines and instructions from Opencircuit with regard to the installation and / or use of the Partner Link as well as with regard to the Content.
3.12. If the Environment in any way whatsoever - to be determined by Opencircuit - is inconvenienced by the installation and / or use of the Partner Link Opencircuit entitled to block the Partner link and / or the Partner account.
3.13. The Partner is not allowed to:
a) directly or indirectly order articles via his / her Partner Link (s) from Opencircuit for personal use only;
b) in connection with the law on the fixed book price, to reward his / her visitors and / or members, in any form, for the purchase of Dutch and / or Frisian books;
c) to advertise and / or grant discounts on Articles if this is not permitted on the basis of applicable laws and regulations, such as, but not limited to, baby food and medicines;
d) Opencircuit promote on websites, web applications or otherwise that are not logged into the Partner Account;
e) Sell or otherwise transfer Partner Site (s) within the account without notice Opencircuit;
f) attempting to intercept visitors to the Environment in any way (including via software that is knowingly or unknowingly installed on the Client's own computer) in order to be unlawfully allocated commission;
g) display the Environment on the Partner Site by means of an iFrame / framing;
h) deploy advertising programs and / or display networks, such as but not limited to Google Adwords, within search engines and other online platforms with the intention of directing visitors from the search engine to the Environment;
i) include a unique identifier in the Partner Link.
If there is a situation as referred to in Article 3.13 d or e, the Partner Site will have to be re-registered and Article 2 will apply mutatis mutandis.
3.14. A Partner must at all times upon request Opencircuit provide insight into his or her activities related to the promotion of Opencircuit. When this insight cannot be given or is in violation of these Partner Program terms and conditions Opencircuit entitled to block the Partner account.
3.15. Partner indemnifies Opencircuit in full for all damage and / or costs of whatever nature resulting from the non-fulfillment of one or more obligations of this article 3.
3.16. At the first request of Opencircuit the Partner will immediately remove and / or modify (certain) Content. If a third party addresses the Partner for alleged infringement of his / her rights, the Partner will immediately remove the relevant Content and Opencircuit immediately inform about this. Opencircuit does not guarantee the correctness of the Content.
4.1. The registration by Opencircuit of the impressions, clicks, sales and funds received through the Partner Program website is binding on Opencircuit and the Partner.
4.2. Opencircuit measure the sales of all Items by the Customer using a First Party Cookie. The First Party Cookie generally has a Cookie time of 5 days. However, Opencircuit reserves the right to change the Cookie Time and to maintain different Cookie Times at Partners.
4.3. The Partner is entitled to a commission on all Items that a Customer has purchased from Opencircuit immediately after clicking on the Partner Link or within the First Party Cookie time, whereby the Last Cookie Counts principle applies and the Customer fulfills the (payment) obligations with regard to these Articles Opencircuit has satisfied, Opencircuit has actually received the relevant payment and the exchange period of 30 days after receipt has expired without exchange of the relevant Articles. The Partner is not entitled to any commission in respect of Items purchased by a Customer from a business purchase account at Opencircuit.
4.4. If the Customer returns the Articles and / or payment thereof is canceled for whatever reason, the Partner can no longer claim the relevant commission and the pending commission will be rejected in the Partner Program or the Partner must already received commission on this matter Opencircuit to pay back.
4.5. The commission is calculated on the net actually paid by Opencircuit sales value received per product group of the non-exchanged Articles (net = excluding VAT and transport costs) after the end of the period. The commission model included on the website is always the most recent version, which is binding for the Partner.
4.6. Commission will not be awarded to (bulk) orders from a business account at Opencircuit.
5.1. Payment of the commission by Opencircuit or a door Opencircuit designated third party to the Partner will take place at the end of each calendar month on the account number that the Partner has indicated in his Partner account and is registered as such with Opencircuit.
5.2. Commission amounts of less than € 10.00 (in words: ten euros) are not paid monthly. If the commission over a month is less than € 10.00 (in words: ten euros), no payment will be made in that month and the commission will be saved. Payment thereof will take place in the month in which the total amount is € 10.00 (in words: ten euros) or more.
5.3. All payment costs, with the exception of the administration costs of Opencircuit, are at the expense of the Partner.
5.4. Opencircuit is at all times entitled to set off what it owes to the Partner against any amount Opencircuit has to claim from the Partner for whatever reason.
6.1. Opencircuit is at all times entitled - without stating reasons - to terminate the partnership under these Partner Program terms and conditions by e-mail, subject to a notice period of two (2) weeks.
6.2. Without prejudice to its other rights Opencircuit among other things entitled to terminate the partnership under these Partner Program conditions with immediate effect by e-mail in case:
a) the Partner fails in whole or in part in the fulfillment of one or more of his / her obligations under the Partner Program conditions;
b) the Partner's site at the discretion of Opencircuit could be contrary to public order or morality or could be offensive in any way;
c) Opencircuit could be harmed by this in one way or another;
d) the Partner acts unlawfully towards Opencircuit and / or third parties, such as authors, publishers, producers, performers.
6.3. The Partner can at any time - without giving reasons - terminate his partnership by sending an e-mail about this from the e-mail address provided by his / her to info @Opencircuit.NL
6.4. The partnership under these Partner Program terms and conditions ends immediately and automatically in case:
a) the Partner has made the Partner Link inactive;
b) the Partner Program has been discontinued for any reason.
7.1. If the Partnership is terminated for any reason:
a) the existing Partner Link (s) must be made inactive immediately;
b) is Opencircuit entitled to access the Partner to Opencircuit to block;
c) Without prejudice to the provisions of Article 7.2, the Partner is no longer entitled to commission;
d) the Partner will immediately remove the Content from the Partner Site;
e) the Partner is no longer entitled to the Opencircuit Use Brands, the Content and the Articles of the Environment;
f) the Partner will immediately remove the Content from his / her Partner Site and / or from his / her local database under penalty of a penalty of € 1,000 (one thousand euros) per day that the Content is still displayed on the Partner Site despite termination. .
7.2.Only in the event that the partnership under these Partner Program terms and conditions has been terminated in accordance with Article 6.1, Article 6.3 and / or Article 9.4, the Partner will still be able to claim payment of commission in respect of sales of the Articles of which the monies are paid by Opencircuit have been received before the termination date, in accordance with the provisions of Article 4 and Article 5 (without prejudice to the fact that the commission will not be paid if it is less than € 10.00).
7.3. Without prejudice to the provisions of Articles 3.15, 7.1, 7.2, 8 and 9.1, Opencircuit and the Partner is not entitled to any compensation from the other party in connection with the termination of the partnership under these Partner Program terms and conditions and they hereby waive any right to any compensation or damages.
8.1. The Partner is fully responsible and liable for his / her use, development and maintenance, operation and content of the Partner Site. The Partner guarantees that all obligations under tax law are met and indemnifies Opencircuit with regard to all claims and / or costs / fines / additional assessments in this regard.
8.2 Partner can be regarded as controller within the meaning of the General Data Protection Regulation for the collection of personal data in the context of its activities under this agreement. Partner undertakes to fully comply with and indemnify all applicable privacy laws and regulations in its activities under this agreement, including, but not limited to, the General Data Protection Regulation, and the Telecommunications Legislation. Opencircuit for all damage and / or costs of whatever nature in this regard.
8.3 Unless there is intent and / or gross negligence Opencircuit, is Opencircuit in no way liable for damage and / or costs of whatever nature of the Partner in connection with participation in the Partner Program, such as - but not limited to - damage and costs resulting from the improper functioning of the Environment, technical malfunctions, etc. In the event that this total exclusion of liability is declared null and void by a competent court, the parties hereby agree that Opencircuit in that case will only be liable for the direct demonstrable damage / costs incurred (with the exclusion of consequential / indirect damage / costs) and this liability for these direct damage / costs will never amount in total to more than the amount of commissions that Opencircuit paid to Partner during the three (3) months prior to the cause of the damage / costs.
9.1. The Partner will never pose as an agent or representative of Opencircuit and in particular will not make any promises or obligations for or on behalf of Opencircuit. Partner indemnifies Opencircuit in full for all damage and / or costs of whatever nature resulting from non-compliance with this article.
9.2. The Partner is not entitled to transfer (part of) his / her partnership to a third party, unless Opencircuit has given its written permission for this.
9.3. Opencircuit is at all times entitled to change the Partner Program terms and conditions. The amended Partner Program terms and conditions will be effective from the moment they are posted on the website. If a Partner subsequently continues to use the Partner Program, he thereby accepts the applicability of the amended Partner Program terms and conditions and / or the website. It is therefore advisable to consult the Partner Program terms and conditions and the website before using the Partner Program.
9.4. In the event that the amended Partner Program conditions are not acceptable to the Partner, the Partner is entitled to terminate the partnership within 14 days.
9.5. The Partner Program terms and conditions and commissions will be notified by email to all partners of any changes within 24 hours Opencircuit.
9.6. If any provision of these Partner Program terms and conditions should be in conflict with applicable law, this provision will be amended to comply with applicable law with due observance of the purport of the relevant provision.
10.1. The Partner Program terms and conditions and the partnership are exclusively governed by Dutch law and disputes will be submitted to the competent Dutch court.