Below you will find the Partner Conditions. We kindly request you to read it carefully. By signing up as a Partner, you indicate that you accept these Partner Terms.
Articles:All products offered in the Environment.
Surroundings:Opencircuit and any other application designated by Opencircuit .
Opencircuit: The private company Opencircuit .
Opencircuit Brands:The Opencircuit word and logos, as well as other distinguishing marks.
Content: (Part of) the offer of Articles in the Environment, such as text, images, reviews, downloads, which Opencircuit for the Partner Program via the website.
Cookie Time:The setting by Opencircuit of the First party cookie that determines which period (time) the cookie remains active on the Customer's computer.
First party cookie: A small (text) file, which is placed on the Customer's computer 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 through the Partner Opencircuit and can therefore purchase Items from and through Opencircuit .
Last Cookie Counts: The principle whereby sales are assigned to the last marketing channel through which the Customer has accessed the Environment.
Partner: Any individual from the age of eighteen (18) years or any legal entity who has accepted the Opencircuit Partner Program Terms and has been accepted as a Partner by Opencircuit to Customers through his / her Partner Link (s) provide access to the Environment.
Partnerlink:An electronic link to one of our websites, in which his code is stated, and which he makes public or has it made public via the internet (in particular the Partner site).
Partner program conditions:these Partner Program terms and conditions, including all information contained on the website.
2.1.Anyone eighteen (18) years of age who has a Partner Site may register as a partner with Opencircuit .
2.2.Registration as a Opencircuit Partner implies acceptance of the Partner Program Terms and of the obligation to fulfill the Partner Program Terms.
2.3. To be registered as a Partner, the Partner must:
a) have completed the application form completely and truthfully;
b) confirm that the Partner Program terms and conditions are accepted by clicking on the “request” button in the application form;
c) have been accepted as a Partner by Opencircuit .
2.4.Opencircuit will, in principle, notify you within seven (7) days of receipt of the fully completed application form confirming acceptance of the Partner Program Terms or Opencircuit accepting you as a Partner.
2.5.Opencircuit can refuse a registration without reason and at any time. If Opencircuit refuses an application, no commission will be paid for the period prior to the refusal and thereafter.
2.6.Opencircuit will in any case refuse 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 to donate or sponsor a cause / organization;
is)involves a loyalty or frugal nature or cash back construction;
f) Opencircuit the name of Opencircuit or variations thereof in the domain name;
g) violates or offers the intellectual property rights, trademark rights or other rights of Opencircuit or any third party;
h) may affect the reputation 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 policy and / or morality;
l) discriminates according to race, gender, religion and / or beliefs;
Whether or not one or more of these conditions exist is at the sole discretion of Opencircuit .
3.1.The Partner Site may not in any way give the public the impression that it is from Opencircuit or has been developed by Opencircuit . It should also be unambiguously clear that Opencircuit no control over and is responsible for the Partner Site in any way. The Partner will not be Opencircuit that the Items promoted through the Partner Site are not sold by the Partner, but through Opencircuit .
3.2.Partner will only acquire the non-exclusive non-transferable right to use the Opencircuit Marks and the Content during the term and in accordance with the Partner Program Terms and Conditions solely for the benefit of the Opencircuit Partner Program. The Partner will always follow all possible instructions from Opencircuit from time to time. Partner will not make any changes to the appearance of the Opencircuit Marks, the Content and / or the Articles and will never (let) use this in a misleading or somewhat harmful manner for Opencircuit exercise.
Partner acknowledges that:
a) All intellectual property rights, including but not limited to the Opencircuit Marks and Content are and remain the property of Opencircuit ; and
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 fully respect the intellectual property rights and all other exclusive rights of Opencircuit and third parties.
3.3.Partner acknowledges that when paying at Opencircuit Air Miles can be redeemed but this does not mean that Partner may create the impression that it is part of the Air Miles program.
3.4.The Partner is not permitted to use the Opencircuit Marks or corresponding characters as the naming of the Partner Site or to provide them as keywords for advertising programs - such as but not limited to Google Adwords within search engines and other online platforms.
3.5.The Partner is obliged in case his / her site Music Content contains in the immediate vicinity of it the following mention:Copyright Muze UK Ltd of © Muze UK Ltd.
3.6.The Partner will only use the Content for the Opencircuit Partner Program and make no changes to it.
3.7.The prices of the Articles in the Environment can change regularly. The Partner will ensure that the prices / availability of the Items that are (if any) stated on the Partner Site are updated each time so that they always correspond with the prices / delivery time as stated in the Environment from time to time.
3.8.Subject to Article 8.1, the Partner will refrain from doing or omitting to allow Opencircuit and / or the Partner to act in violation of applicable laws and regulations.
3.9.When a Partner is accepted within the Partner Program, it is not permitted to change the content of the Partner Site in which the Partner has included a Partner Link by means of an amendment:
a) does not have (own) content;
b) has no relationship with (the products on) Opencircuit ;
c) actively calls for donation or sponsorship of a goal / organization;
d) involves a loyalty or frugal nature or cash back construction;
e) Opencircuit the name of Opencircuit or variations thereof in the domain name;
f) violates or offers the intellectual property rights, trademark rights or other rights of Opencircuit or any third party;
g) may affect the reputation 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 policy and / or morality;
k) discriminates according to race, sex, religion and / or beliefs;
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 of Opencircuit regarding the installation and / or use of the Partner Link as well as regarding the Content.
3.12.If the Environment is in any way - determined by Opencircuit - hindered by the installation and / or use of the Partner Opencircuit , Opencircuit entitled to the Partner Opencircuit and / or block the Partner Account.
3.13.The Partner is not allowed to:
a) order articles directly or indirectly through his / her Partner Opencircuit (s) at 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-language books;
c) advertise and / or offer discounts on Articles if this is not permitted under applicable laws and regulations, such as, but not limited to, baby food and medicines;
d) Opencircuit on websites, web applications or otherwise not logged in to the Partner Account;
e) Sell or otherwise transfer Opencircuit (s) within the account without reporting Opencircuit ;
f) attempting to intercept visits to the Environment in any way (including via software which the Client has knowingly or unknowingly installed on his own computer) in order to obtain unlawful commission;
g) show 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 directly 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 registered again and Article 2 will apply mutatis mutandis.
3.14.At the request of Opencircuit a Partner must at all times be able to provide insight into his or her activities with regard to the promotion of Opencircuit . If this insight cannot be given or is contrary to these Partner Program conditions, Opencircuit entitled to block the Partner account.
3.15.Partner fully indemnifies Opencircuit against all damage and / or costs of whatever nature arising 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 Content in question and immediately inform Opencircuit . Opencircuit does not guarantee the correctness of the Content.
4.1.The registration by Opencircuit of the displays, clicks, sales and funds received through the Partner Program website is binding on Opencircuit and the Partner.
4.2.Opencircuit measures the Customer's sales of all Items 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 with Partners.
4.3.The Partner can claim commission on all Items that a Customer has purchased from Opencircuit immediately after clicking the Partner link or within the First Party Cookie time, where the Last Cookie Counts principle applies and the Customer has fulfilled the (payment) obligations with regard to these Articles towards Opencircuit , Opencircuit has actually received the relevant payment and the trade-in period of 30 days after receipt has expired without exchange of the relevant Articles. The Partner cannot claim commission on Items purchased by a Customer from a business purchase account with Opencircuit .
4.4.If the Customer returns the Articles and / or payment is reversed 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 to reimburse any commission already received to Opencircuit .
4.5.The commission is calculated on the net sales value per product group of the non-exchanged Articles (net = excluding VAT and transport costs) actually received by Opencircuit 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 with Opencircuit .
5.1.Payment of the commission by Opencircuit or a third party designated by Opencircuit to the Partner will be made after the end of each calendar month to the account number indicated by the Partner in his Partner account and as such registered with Opencircuit .
5.2.Commission amounts of less than € 10.00 (in words: ten euros) are not paid monthly. If the commission in a month is less than € 10.00 (in words: ten euros), no payment will be made in the month in question and the commission will be saved. Payment will be made 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 for the account of the Partner.
5.4.Opencircuit is entitled at all times to settle what it owes to the Partner against any amount Opencircuit for whatever reason to claim from the Partner.
6.1.Opencircuit is entitled at any time to terminate the partnership under this Partner Program terms and conditions by email, without giving any reason, subject to two (2) weeks' notice.
6.2.Without prejudice to its other rights, Opencircuit is entitled, among other things, to terminate the partnership under these Partner Program Terms with immediate effect by email in the event of:
a) the Partner fails in whole or in part to fulfill one or more of his / her obligations under the Partner Program Conditions;
b) in the opinion of Opencircuit the Partner's site could be in violation of public order or morality or in some way offensive;
c) Opencircuit could be harmed in one way or another;
d) the Partner acts unlawfully under the Partner Program towards Opencircuit and / or third parties, such as authors, publishers, producers, performers.
6.3.The Partner can terminate his partnership at any time, without giving any reason, by sending an email to this effect from the email address provided by him / her to info @ Opencircuit .nl
6.4.The partnership under these Partner Program Terms terminates immediately and automatically in the event of:
a) the Partner has made the Partner Link inactive;
b) the Partner Program has been discontinued for any reason.
7.1.If, for any reason, the Partnership has ended:
a) Immediately deactivate the existing Partner Link (s);
b) Opencircuit entitled to block Partner access to Opencircuit ;
c) the Partner may, without prejudice to the provisions of Article 7.2, no longer make any claim to commission;
d) the Partner will immediately remove the Content from the Partner Site;
e) the Partner is immediately no longer entitled to use the Opencircuit 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 on pain of a penalty of € 1,000 (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 has ended under these Partner Program conditions in accordance with Article 6.1, Article 6.3 and / or Article 9.4, the Partner will still be entitled to payment of commission in respect of sales of the Articles whose monies are valid by Opencircuit were received before the termination date, in accordance with the provisions of Article 4 and Article 5 (without prejudice to the commission not being 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 will not be entitled to any compensation from the other party in connection with the termination of the partnership under these Partner Program Terms and hereby waive any right to any (damage) compensation.
8.1.The Partner is fully responsible and liable for his / her use, development and maintenance, functioning and content of the Partner Site. The Partner guarantees that all obligations under the tax legislation are met and indemnifies Opencircuit against all claims and / or costs / penalties / additional assessments in this respect.
8.2Partner can be regarded as a controller as referred to in the General Data Protection Regulation for the collection of personal data in the context of its activities under this agreement. In its activities under this agreement, the Partner undertakes to fully comply with all applicable privacy laws and regulations, including, but not limited to, the General Data Protection Regulation, and the Telecommunications Opencircuit and indemnifies Opencircuit for all damage and / or costs of any kind in this respect.
8.3Unless there is intent and / or gross negligence on the part of Opencircuit , Opencircuit in no way liable for damages and / or costs of any kind of the Partner in connection with with participation in the Partner Program, such as - but not limited to - damage and costs as a result of the improper functioning of the Environment, technical failures, etc. In the event that this general exclusion of liability is annulled by a competent court, the parties hereby already agreed that Opencircuit in that case only be liable for the direct demonstrable damage / costs incurred / incurred (excluding consequence / indirect damage / costs) and this liability for these direct damage / costs in total will never exceed the amount of commissions Opencircuit during the three (3) months prior to the cause of the damage / costs to Partner has paid.
9.1.The Partner will never impersonate an agent or representative of Opencircuit and in particular will not make any commitments or commitments for or on behalf of Opencircuit . Partner fully indemnifies Opencircuit for all damage and / or costs of any kind arising from the 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 to do so.
9.3.Opencircuit is entitled to change the Partner Program Terms at any time. The amended Partner Program Terms will take effect from the time they are posted on the website. If a Partner continues to use the Partner Program thereafter, it thereby accepts the applicability of the amended Partner Program Terms and / or the website. It is therefore advisable to consult the Partner Program terms and website before using the Partner Program.
9.4.If the amended Partner Program Terms and 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 commissions are notified by email to all Opencircuit partners within 24 hours of any Opencircuit .
9.6.If any provision of this Partner Program Terms and Conditions conflicts with applicable law, this provision will be amended to conform to applicable law subject to the intent of the relevant provision.
10.1.The Partner Program terms and partnership are governed exclusively by Dutch law and disputes will be brought before the competent Dutch court.