Stockholm, Sweden
In order to participate in the affiliate program to refer traffic to the company’s website,
this agreement provides the terms and conditions of the relationship between:
Company:
Independent Slaves AB, reg. no. 559352-4605
Blekingegatan 13C
118 56
Stockholm, Sweden
And
The Affiliate
In condition of:
Independent Slaves AB is the sole owner and operator of the internet site known as www.mongbag.com, selling products in the name of MONG. (“Independent Slaves AB”; may be also referred to as “us”, “we”, “the Company” and “MONG”). Independent Slaves AB has created a program that enables the affiliates to refer internet traffic to the site from the websites or advertising networks of others in exchange for agreed considerations.
You are the sole owner of the Affiliate Site and you desire to participate in the Program we created to be agreed on.
Please notice that we reserve the right to revise the commission rate and terms and conditions at any time. The date of the latest update is found in the final section of the terms and conditions.
**Affiliate Acceptance**
Once you complete an application to become an Affiliate, we will review your application and notify you whether you have been accepted to participate in the Affiliate Program, or not. Before we accept an application, we may want to review your application with us, so we may reach out to you for more information.
If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from your application, your application is considered to be rejected. If you are accepted to participate in the Affiliate Program, then upon notification of acceptance, the terms and conditions of this Agreement shall apply in full force and effect until terminated. You will comply with the terms and conditions of this Agreement at all times.
**Partnership**
The affiliate will act as an agent on behalf of Independent Slaves by placing links on their website(s) to direct traffic to the Company website (www.mongbag.com). In addition the affiliate shall coordinate with Independent Slaves to carry out the marketing, publishing and promotions of the Company's products. Any affiliate program may be amended or terminated at any time.
**Affiliates responsibilities**
It is understood that the affiliate will refer internet traffic to the MONG website and introduce MONG products to current and prospective customers. MONG is responsible for providing the Affiliate with marketing materials, including banners, links and product information.
The affiliate must disclose their relationship with our brand in compliance with applicable marketing and consumer protection laws.
You may not do, things such as:
- Spamming through email or comments on social media
- Engaging in false advertising
- Using deceptive tactics*
- Insinuating that you endorse or sponsor the affiliate
- Posting inappropriate, offensive, harmful or controversial content
The affiliate will be fully responsible for any costs related to maintaining or marketing the affiliate program, including but not limited to costs associated with creation, modification, marketing, hosting or improvements.
**Terms of agreement**
The affiliate is only eligible to earn commission fees on qualified purchases through the affiliate program occurring during the term, and commission fees through the date of termination will remain payable only if the orders of the related product(s) are not canceled or returned and comply with all laid out in this agreement.
We may withhold your final payment of commission fees for a reasonable time to ensure that all qualified purchases are valid. Our customers may return the product within 14 days of the date on which he/she received the product for any reason. If the products are returned within this time you will loose the right to commission.
The commission rate is 8% gross sale price, not including sales tax or shipping costs. Commissions will be paid to the affiliate based on the customers who makes a purchase on the Company website through the affiliates site. The prices on our products may change during sales and campaigns, and may also affect the commission you receive. Any affiliate who violates this agreement, participate in fraudulent activities or damage the brands reputation will immediately loose their right to the commission and be removed from the Company program.
**Payment Terms**
Payments will be made via PayPal or bank transfer by the 28th of each month. The Affiliate is responsible for providing accurate payment information. The Affiliate understands that the Company may change the payout amount at any time.
MONG makes no representations or warranties regarding potential income that may result from the Affiliate Program. Commissions will be based according to Terms of Agreement, not including any sales tax, shipping, special service fees, late charges, collection costs, and any other payment made to the Company that is not the purchase price of the products.
The Affiliate is responsible for determining if the payout for a link they placed on their site has changed or been discontinued. The Company reserves the right to deduct the costs for any products that are returned or refunded in the subsequent months, attributable to credit card fraud or bad debt write-off, or for any other reason if the previous commission are overpaid.
**Confidentiality**
The affiliate promises and agrees to hold any confidential information in strict confidence and trust for the sole benefit of the Company, both during the term of this agreement and at all times thereafter and shall not use such confidential information for any purpose, whether or not for consideration business or personal, other than as may be reasonably necessary for the performance of its duties according to this agreement, without our prior written consent.
The affiliate shall not disclose any confidential information to any person or entity, other than to such of its employees or consultants as may be reasonably necessary for purposes of performing its duties hereunder and have executed agreements of confidentiality no less protective than this agreement without MONG’s prior written consent.
The affiliates obligations include taking all actions necessary to ensure that any affiliates, employees, contractors, or agents abide by the terms of this section in their entirety.
Confidential information does not include information that is or becomes publicly known through lawful means, was rightfully in providers possession or part of your general knowledge before the effective date of this agreement, and/or is disclosed to the affiliate without confidential restriction by a third party who rightfully possesses the information (without confidential restriction) and did not learn of it, directly and indirectly, from Independent Slaves AB.
**Copyright**
Independent Slaves AB will remain the owner of all intellectual property rights attached to your content and to the products the affiliate promote.
**Modification**
The Company may modify any of the terms and conditions in this Agreement at any time at their sole discretion. In such an event, the Company will notify the Affiliate by email. Modifications may include but are not limited to changes in the payment procedures and Company Affiliate Program rules. The last update is written in the end of this agreement.
**Indemnification**
The affiliate hereby agrees to indemnify and hold the Company harmless in any case of claims that holds the affiliates trademarks, copyrights, licenses or property rights of third party not affiliated with us to the extent that such Action is based upon or arises out of (a) your participation in the Affiliate Program, (b) our use of the prospect data you provided us, (c) your noncompliance with or breach of this Agreement, (d) your use of the Affiliate Tool, or (e) our use of the Affiliate Marks. We will: notify you in writing within thirty (30) days of our becoming aware of any such claim; give you sole control of the defense or settlement of such a claim; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the claim. You shall not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.
**Severability**
If any provision of this Agreement or part thereof should to any extent be or become invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.
**Applicable law**
The laws of Sweden will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in Stockholm and the Affiliate irrevocably consents to the jurisdiction of such courts.
The Affiliate may not assign this Agreement, by operation of law or otherwise, without our prior written consent. The Company’s failure to enforce the Affliate’s strict performance of any provision of this Agreement will not constitute a waiver of the Company’s right to subsequently enforce such a provision or any other provision of this Agreement.
**Termination of agreement**
Either the Affiliate or the Company may terminate the Affiliate relationship at any time (by written notice of 30 days. The Affiliate is only eligible to earn Affiliate payments during their time as an approved Affiliate. The Company may change the program or service policies and operating procedures at any time.
**Entire agreement**
This Agreement sets forth the entire agreement and understanding between the Affiliate and the Company relating to the subject matter hereof and thereof and supersedes any prior or contemporaneous discussions, agreements, representations, warranties and other communications between the Affiliate and the Company, written or oral, to the extent they relate in any way to the subject matter here of.
LAST UPDATED 09/10/2024
