PlantMe Affiliate Program Terms of Use

agreement

By registering as an Affiliate in the PlantMe Affiliate Program (“Program”), you agree to be bound by the following Terms of Use (“Terms of Use”),

PlantMe reserves the right to update or change the Terms of Use from time to time without notice. Any new features that add to or enhance the current Program, including all new tools and resources, shall be subject to these Terms of Use. Your continued use of the Program after such changes constitutes acceptance of such changes to the Program.

Violation of any of the terms below will result in termination of your account and forfeiture of any outstanding Affiliate Commission payments earned during the violation.
You agree to these Terms of Use at your own risk.

Conditions for creating an account

• You must be at least 18 years old to participate in this program.
  
• You must be a human. Accounts registered by "bots" or other automated methods are prohibited and will be deleted.
  
• You must provide your full legal name, a valid email address, and any other information requested during registration to complete the registration process.
  
• Your login details may only be used by one person – the use of a single account by multiple people is not permitted.
  
• You are responsible for maintaining the security of your account and password. PlantMe cannot and will not be liable for any loss or damage resulting from your failure to comply with this obligation to maintain security.
  
• You are responsible for all content you post and all activity that occurs under your account.
  
• A person or legal entity may not maintain more than one account.
  
• You may not use the Program for any illegal or unauthorized purpose. You may not, in the use of the Service, violate any rights in your jurisdiction (including but not limited to copyright rights).
  
• You may not use the Program to generate money through your own PlantMe product accounts.
  

Links/graphics on your site, in your emails or other communication options

Once you have registered for the program, you will receive a unique affiliate code. You are permitted to place links, banners or other graphics on your site, in your emails or in other communication media that we provide you with the affiliate code on.
We will provide you with guidelines, link styles and graphic elements to use in connection with PlantMe. We may change the design of the graphic artwork at any time without notice, but we will not change the dimensions of the respective images without notice.
To enable accurate tracking, reporting and commission accrual, we will provide you with special link formatting that must be used between all links between your site and PlantMe.
You must ensure that each of the links between your site and PlantMe properly utilizes this Special Link Format. Links to PlantMe placed on your site pursuant to this Agreement and properly utilizing the Special Link Format are hereinafter referred to as "Special Links." You may only earn commission in respect of sales of PlantMe products that have come directly through Special Links; we shall not be liable to you in respect of any failure by you or anyone you refer or for incorrectly typed Affiliate Codes, including to the extent that such failure may result, in particular but not limited to, any reduction in the payout amounts that would otherwise be paid under this Agreement.
Affiliate links should lead to the product being advertised.

Referral Fees/Commission and Payments

For a product sale to be eligible to generate a referral fee, a customer must click through to https://plantme-store.de via a special link from your site, email, or other means of communication and complete an order for a product in that session.

We only pay commission on links that are automatically tracked and reported by our system. We will not pay commission if someone tells us they made a purchase or if someone says they entered a referral code when that transaction was not tracked in our system. We can only pay commission on deals made through a properly formatted special link that is automatically tracked through our system.

We reserve the right to exclude commissions generated through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

Commission payouts begin once you have generated more than €20 in affiliate income. If your account never exceeds the €20 payout threshold, your commissions will not be realized or paid out. We are only responsible for paying accounts that have reached the €20 threshold.

Identification as a PlantMe Affiliate

You may not issue any press release regarding this Agreement or your participation in the Program. Such action may result in disqualification from the Program. Furthermore, you may not in any way misrepresent or embellish the relationship between you and PlantMe, announce that you develop our products, you are part of PlantMe, or express or imply any relationship or affiliation between us and you or any other person or entity, except as expressly permitted in this Agreement (including expressing or implying that we support, sponsor, endorse, or contribute money to any charities or other causes).

You may not purchase products for your own use through your affiliate links. Such purchases may result in (in our sole discretion) withholding of referral fees and/or termination of the relationship.

payout plan

As long as your current affiliate earnings exceed the €20 threshold, you will be paid every month. If you have not exceeded the €20 threshold since the last payment, we will pay the amount the following month after the threshold is reached.

definition of customer

Customers who purchase products through this Program will be deemed to be our customers. Accordingly, all of our rules, policies and operating procedures regarding customer orders, customer service, and sales of products will apply. We reserve the right to change our policies and operating procedures at any time. For example, we will set the price charged for a product sold through this Program in accordance with our own pricing structure. Product prices and availability may vary from time to time. Because changes in prices may affect products you have listed on your Site, you should not display the product price on your Site. We will use commercially reasonable efforts to present accurate information, but cannot guarantee the availability or price of any particular product.

your responsibility

You are solely responsible for the development, operation and maintenance of your Site and all materials that appear on your Site. For example, you are solely responsible for:

– The technical operation of your site and all associated equipment
– To ensure that the display of Special Links on your site does not violate any agreement between you and any third party (including, but not limited to, any restrictions or requirements imposed on you by the third party hosting your site)
– The accuracy, truthfulness and appropriateness of the material posted on your site (including, among other things, all product-related materials and any information you include or associate with the Special Links)
– Ensuring that materials posted on your site are not defamatory or otherwise illegal
– Ensure that your site accurately and appropriately discloses, either through a privacy policy or otherwise, how you collect, use, store and disclose information from visitors, including, where applicable, that third parties (including advertisers) serve content and/or advertisements and collect information directly from visitors and may place recognition cookies on visitors' browsers.

compliance with law and order

As a condition of participation in the Program, you agree that while you are a participant in the Program, you will comply with all laws, regulations, rules, ordinances, orders, licenses, permits, court orders, rulings or other requirements of any governmental authority having jurisdiction over you, whether such laws, etc. are now in effect or become effective in the future while you are participating in the Program.
Without limiting the foregoing, as a condition of your participation in this Program, you agree to comply with all applicable laws (federal, state, or otherwise) governing email marketing, including, without limitation, the European Union's Privacy and Electronic Communications Regulations of 2002 and all other anti-spam laws.

term of the agreement and the program

The term of this Agreement begins upon acceptance of your application for the Program and ends when either party terminates. Either you or we may terminate the Agreement at any time, upon written notice of termination, with or without cause. Following termination of this Agreement for any reason, you will remove from your Site any use of all links to https://plantme-store.de and all of our trademarks, trade dress and logos, as well as all materials provided by or through us in connection with the Program. PlantMe reserves the right to terminate the Program at any time. Upon termination of the Program, PlantMe will pay any outstanding payments over €20.

termination of the agreement

PlantMe has the right, in its sole discretion, to suspend or terminate your account and may refuse any or all current or future use of the Program or other PlantMe services for any reason at any time. Such termination of the Services will result in deactivation or deletion of your account and access to your account, forfeiture and relinquishment of any potential or pending commissions if they arise from fraudulent, illegal or overly aggressive, questionable sales or marketing methods. PlantMe reserves the right to refuse to provide this service to anyone at any time.

relationship between the parties

You and we are independent contractors, and nothing in this Agreement creates a partnership, joint venture, agency, franchise, representative, or employment relationship between the parties. You have no authority to make or accept offers or representations on our behalf. You may not make any statement, whether on your Site or elsewhere, that is inconsistent with anything in this paragraph.

limitation of liability

We will not be liable for any indirect, special or consequential damages (or any loss of revenue, profits or data) arising out of this Agreement or the Program, even if we have been advised of the possibility of such damages. Furthermore, our total liability with respect to this Agreement and the Program will not exceed the total amount of referral fees paid or to be paid.

disclaimer

We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, but not limited to, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of course of performance, course of dealing, or usage of trade). Furthermore, we make no representation that the operation of PlantMe will be continuous or error-free, and we will not be liable for the consequences of any interruptions or errors.

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL OF ITS TERMS AND CONDITIONS. YOU ACKNOWLEDGE THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT REFERRALS THAT MAY DIFFER FROM THESE TERMS OR OPERATE WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOURS. YOU MAKE YOUR OWN JUDGEMENT OF THE ATTRACTIVENESS OF PARTICIPATING IN THIS PROGRAM AND DO NOT RELY ON ANY REPRESENTATION, WARRANTY, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

dispute resolution

Any dispute relating in any way to this Agreement (including any actual or alleged breach thereof), any transactions or activities subject to this Agreement, or your relationship with us or any of our affiliates shall be submitted to confidential arbitration. Provided that, to the extent that you have in any way infringed or threatened to infringe our intellectual property rights, we will seek injunctive or equitable relief in the appropriate state or federal court (for which purpose you submit to the exclusive jurisdiction and venue of such court) or any other competent court. The arbitrator's award shall be binding on you and may be entered into in any court of competent jurisdiction in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no dispute resolution shall be consolidated with the resolution of any other party, whether through class arbitration or otherwise.

Miscellaneous

This Agreement is governed by the laws of the Federal Republic of Germany, without reference to jurisdictions governing choice of law. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Except as limited to this, this Agreement will be binding, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce any provision of this Agreement will not constitute a waiver of that provision or any other provision of this Agreement.

PlantMe's failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Unless otherwise specified, this Agreement governs the entire agreement between you and PlantMe with respect to this Agreement and supersedes all prior or contemporaneous electronic, oral or written communications and proposals between you and PlantMe with respect to this Agreement.