By joining the Thor of Sweden (True & Elegant Movement AB, SE559110-2487) (hereafter called ToS) Affiliate Program, you agree to abide by the terms and conditions contained in this agreement (“Agreement”).
Introduction
Please read this Agreement carefully before registering and using the https://thorofsweden.com/
Please note that you must be at least 18 years old to participate in the Program. We reserve the right to accept or reject any company requesting to be part of the Program. An Affiliate acts an Independent Contractor, meaning that no partnership, joint venture, or any other type of legal agreement is being created between us.
Linking
We will provide you with the procedures and links to use in linking to our Site. To ensure accurate tracking, reporting and commission accrual, we will provide you with special tagged link formats to be used in all links between your site and our Site. You must make sure these links are properly utilized. We will not be held liable for any failure by you to use the ToS links. Affiliates may only use click-overs from www.thorofsweden.com generated links. Full transaction sales detected on any site are cause for immediate termination of all programs.
Use of Materials
We grant you a limited license to use certain of our proprietary graphic images and text, solely for the purpose of identifying your site, feed, channel (“site”) as a participant in the Program and to assist in generating sales. We reserve and maintain all rights to the ownership and use of any graphic images and text, any other images, and other intellectual property, including our trade names and trademarks. All materials, articles or documents physically printed or published through the internet using the ToS logo or the words “ToS” that have not been directly published on our site or through the Affiliate Program MUST be approved by ToS in writing. As between you and ToS, ToS owns all right, title and interest in and to the Program, Tools and Marks, including all underlying software, technology and processes, any enhancements or modifications and all associated intellectual property rights and all information generated by your participation in the Program. Any rights not expressly granted under this Agreement are retained by ToS. Provided that you are in full compliance with this Agreement, ToS grants to you a non-exclusive, non-transferable, non-sublicensable, revocable license to use the Program, Technology and Tools during the term of this Agreement. ToS may freely use any suggestions you make about the Program, the Tools or anything else, with no attribution, accounting or compensation to you.
Commissions
We will in this case pay commissions on orders that are placed on a click through from your site, including any extra sales as a result of that click through. Commissions will only be paid after an order is fully processed and paid. You will earn % on all referral sales of the total qualifying revenue, which excludes costs for shipping, handling, tax, returns and bad debt. Any customer returned products will be deducted from the next payout. Payouts are made on a monthly basis, but only when total commission exceeds €50 (the “Minimum Threshold”), any such lower amount will be carried over and aggregated with the subsequent month’s Commission and paid when the cumulative amount due for payment exceeds the Minimum Threshold. ToS may withhold your final Commission payment for such time as is reasonable, up to a maximum of 4 months from the date of termination, to allow for chargebacks and similar debits. Payments will be made to you via PayPal or bank transfer. You are responsible for any fees your bank charges to receive such transfers. If you fail to keep us updated on your correct payment information, we may deduct any costs from returned payments or similar problems from your payment. All disputes over your compensation must be raised within 30 days of receiving payment; otherwise, you waive your ability to dispute payment. You will earn no compensation for any month in which you are in violation of this Agreement. ToS reserves the right to require you to repay any amounts you have already received for any time period during which you were in breach.
You are responsible for ensuring that your Affiliate link is set up properly so that we can track your commissions. If you do not set up your account correctly (i.e. proper email address, proper physical address, etc.) we cannot be responsible for paying you. We also will only pay you commission for sales coming through the Program. If a buyer returns to our site through another Affiliate’s link, you have no right to commission on that subsequent sale; you can only earn commission on sales from buyers using your unique affiliate link code. It is always the latest affiliate earning a commission.
Order Processing, Policies and Pricing
We will be responsible for all aspects of order processing and fulfillment. We reserve the right to reject any order that does not comply with our requirements. Customers who purchase products through the Program will be deemed to be our customers. All rules, policies, customer service and product sales will apply to those customers. We may change our policies and procedures at any time and prices and availability may vary.
Terms of the Agreement
We may modify any of the terms and conditions of this Agreement, at any time without notice. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Program following our provision of a change or new Agreement will constitute acceptance of the change.
Either party may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. If this Agreement is terminated, you will immediately cease use of, and remove from your site, all links to our site, and all of ToS trademarks, trade dress, logos, and all other materials provided by or on behalf of us to you in connection with the Program. All commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may hold your final payment for a reasonable time to ensure the correct amount is paid.
Compliance with Laws and Regulations
Affiliates must comply with all applicable laws and regulations pertaining to the labeling, marketing, advertising, and sale of products regulated by official laws and regulations, including. Failure to comply with the applicable laws and regulations may result in termination of this Agreement and could subject you to regulatory action and civil liability. Affiliates, upon request by us, must produce, for review, any marketing or advertising materials used to promote any products through the Program.
Indemnification
You agree to indemnify and hold ToS, our directors, officers, employees, and agents harmless from and against any and all claims, damages, costs and expenses, including reasonable attorney’s fees, arising from or related to your participation as an Affiliate in the Program or your breach of this Agreement.
Limitation 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. Furthermore, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total commissions 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. In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. Neither party shall be liable to fulfill its obligations hereunder, or for delays in performance, due to causes beyond its reasonable control, including, but not limited to, acts of God, acts or omissions of civil or military authority, fires, strikes, floods, epidemics, riots or acts of war.
Miscellaneous
This Agreement is the entire agreement between you and ToS, and replaces any other agreement between us on this subject. Aside from our right to make changes described above, any amendment to this Agreement must be in a writing that both parties sign. There are no third party beneficiaries to this Agreement. ToS is entitled to recover any legal fees and other costs we incur to enforce this Agreement. ToS will communicate with you by sending email to the address associated with your account. Both parties will give any notices required or permitted by these terms (other than legal process) by email with the proviso that we will send email to your account address and you will email us at support@thorofsweden.com. Emails to other addresses for Company will not satisfy any notice requirement. You cannot assign or transfer this Agreement to a third party without our written approval. We can assign these terms to any entity that agrees to be bound by them. The parties will resolve any disputes in courts in Sweden, to whose exclusive jurisdiction and venue they irrevocably submit, except for any optional arbitration as described next. Excluding claims for equitable relief, if the total amount in dispute is less than €10,000, either party may elect to resolve the claim through binding arbitration by initiating arbitration through an established provider that is agreed by the parties. The arbitration must be conducted under the following rules: (a) at the choice of the party seeking relief, the arbitration shall be conducted by telephone, online, or solely on written submissions; (b) no party or witness will make any personal appearance unless the parties agree otherwise; and (c) the winning party may have the arbitrator’s award entered as a judgment in any court of competent jurisdiction. Our right to change these terms upon notice will not extend to any claims for which you have the ability to elect arbitration. Any claims (in court or arbitration) must be brought in the initiating party’s individual capacity and not as a plaintiff or member in any class action or other similar proceeding. If any provision of these terms is unenforceable, the validity and enforceability of the remaining provisions will not be affected. No waiver will be effective unless it is in an explicit writing and signed by an authorized representative of the waiving party.
Spam Accordance
Our company has zero-tolerance toward SPAM and toward any Affiliate associated with SPAM. The accounts of Affiliates who are associated with SPAM will be terminated immediately once verified and all commissions or monies we owe you will be canceled immediately. We also report SPAMMERS to Federal Trade Commission (FTC). In short, we do not take SPAMMING lightly and we will not tolerate ToS being used for SPAM. If there are fines or any other liabilities incurred because you are SPAMMING using ToS name or materials, you will be liable for 100% of those damages and legal fees we incur because of them.
