Below you will find the Partner Conditions. We kindly request you to read it carefully. By registering as a Partner, you indicate that you accept these Partner Terms and Conditions.
Articles: All products offered in the Area.
Surroundings: Opencircuit and any other application designated by Opencircuit .
Opencircuit: The private company Opencircuit .
Opencircuit : The 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, that Opencircuit for the Partner Program via the website.
Cookie time: The setting by Opencircuit of the First party cookie that determines what period (time) the cookie remains active on the Customer's computer.
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 Opencircuit and thus can 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 individual from the age of eighteen (18) years or legal person who has accepted the Opencircuit Affiliate Program Terms and has been accepted as a Affiliate by Opencircuit as a Affiliate to Customers through his / her Affiliate Opencircuit (s) provide access to the Environment.
Partnerlink: An electronic link to one of our websites, in which his code is stated, and 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 eighteen (18) years and older who has a Partner Site can sign up as a partner at Opencircuit .
2.2. Registration as a Opencircuit Partner implies acceptance of the Partner Program Terms and the obligation to Opencircuit with the Partner Program Terms.
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 on the “Apply” button in the application form;
c) have been accepted as Partner by Opencircuit .
2.4. Opencircuit will in principle inform you within seven (7) days of receipt of the fully completed application form confirming acceptance of the Affiliate Program terms and conditions or Opencircuit accepting you as a Partner.
2.5. Opencircuit can refuse a login without stating reasons and at any time. If Opencircuit declines a subscription, no commission will be paid for the period prior to the denial 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 nature or cash back construction
f) has the name of Opencircuit or variations thereof in the domain name;
g) infringes or allows for any intellectual property rights, trademark rights or other rights of Opencircuit or any third party;
h) harm the good name and reputation of Opencircuit ;
i) engage in, promote or promote 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 beliefs;
Whether or not one or more of these circumstances exists is at the sole discretion of Opencircuit .
3.1. The Partner Site should in no way imply to the public that it Opencircuit to Opencircuit has been developed by Opencircuit . It should also be unambiguously clear that Opencircuit no control whatsoever over and is not responsible for the Partner Site. The Affiliate shall make no mistake about the fact that the Articles promoted through the Affiliate Site are not sold by the Affiliate, but through Opencircuit .
3.2. Affiliate only obtains the non-exclusive non-transferable right to use the Opencircuit Marks and the Content during the term and in accordance with the Affiliate Program Terms and Conditions solely for the Opencircuit Affiliate Program. The Partner will always immediately follow all possible instructions given from time to time by Opencircuit . Partner will not make any changes to the appearance of the Opencircuit Marks, the Content and / or the Articles and will never (allow) this use 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 the 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.
Notwithstanding the provisions of this article, the Partner will always fully respect the intellectual property rights and all other rights of an exclusive nature of Opencircuit and third parties.
3.3. The Partner acknowledges that with payment at Opencircuit Air Miles can be redeemed but this does not imply that Partner may give the impression that he is part of the Air Miles program.
3.4. Affiliate is not permitted to use the Opencircuit Marks or corresponding characters to name the Affiliate 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 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) listed 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. Subject to Article 8.1, the Partner will refrain from any act or omission that may cause Opencircuit and / or Partner to act in violation 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 nature or cash back construction
e) has the name of Opencircuit or variations thereof in the domain name;
f) infringes or allows for the intellectual property rights, trademark rights or other rights of Opencircuit or any third party;
g) harm the good name and reputation of Opencircuit ;
h) engages in, promotes or promotes illegal activities;
i) is of a sexual, pornographic, offensive and / or violent nature;
j) is in any way contrary to public order and / or morality;
k) discriminates on the basis of 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 hindered in any way whatsoever - as determined by Opencircuit - from the installation and / or use of the Partner Opencircuit , Opencircuit entitled to remove the Partner Opencircuit and / or block the Partner account.
3.13. The Partner is not allowed to:
a) directly or indirectly order articles via his / her Partner Opencircuit (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) advertise and / or grant discounts on Articles if this is not permitted by applicable laws and regulations, such as, but not limited to, baby food and medicines;
d) Opencircuit on websites, web applications or otherwise that are not logged in to the Partner Account;
e) Sell or otherwise transfer Partner Site (s) within the Account without reporting to Opencircuit ;
f) attempting to intercept visitors to the Environment in any way (including via software that has been deliberately 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 at the request of Opencircuit to give insight into his or her activities related to the promotion of Opencircuit . If this insight cannot be given or is in violation of 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 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. 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 Affiliate Program website is binding on Opencircuit and the Affiliate.
4.2. Opencircuit measures 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 maintain different Cookie Times with Partners.
4.3. The Partner can claim commission on all Articles that a Customer has purchased from Opencircuit immediately after clicking on the Partner Opencircuit or within the First Party Cookie time, whereby the Last Cookie Counts principle applies and the Customer notifies has fulfilled the (payment) obligations in respect of these Articles towards Opencircuit , 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 for them 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 to pay back any commission already received in this respect to Opencircuit .
4.5. The commission is calculated on the net sales value actually received by Opencircuit per product group of the non-exchanged Articles (net = excluding VAT and transport costs) at 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 third party designated by Opencircuit to the Partner will take place at 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 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 Opencircuit administration Opencircuit , are borne by the Partner.
5.4. Opencircuit is at all times entitled to set off what it owes to the Partner against any amount that Opencircuit has to claim from the Partner for whatever reason.
6.1. Opencircuit is entitled at any time - without stating reasons - to terminate the partnership under these Partner Program 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 terms and conditions with immediate effect by e-mail in case:
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 contrary to public policy or morality or could be objectionable in any way;
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 may 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 will end 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) Opencircuit entitled to block Partner access to Opencircuit ;
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 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 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 entitled to payment of commission in respect of sales of the Articles of which the monies 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. Notwithstanding the provisions of Articles 3.15, 7.1, 7.2, 8 and Article 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 conditions. and they hereby waive any right to any (damage) compensation.
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 Telecommunications Opencircuit for all damage and / or costs of whatever nature in this regard.
8.3 Unless there is intent and / or gross negligence on the part of Opencircuit , Opencircuit in no way liable for damage and / or costs of any kind 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 already now agreed that Opencircuit in that case only be liable for the direct demonstrable damage / costs incurred / incurred (excluding consequential / 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 pose as an agent or representative of Opencircuit and, in particular, will not make any commitments or make obligations for or on behalf of Opencircuit . Partner fully indemnifies Opencircuit against all damage and / or costs of whatever nature 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 for this.
9.3. Opencircuit the right to change the Affiliate Program Terms at any time. The amended Partner Program terms and conditions will be effective from the time 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 Affiliate Program terms and conditions and the website before using the Affiliate 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 Opencircuit partners within 24 hours of a change.
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.