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Conditions of Participation - Daysy Partner Program

Section 1. Subject matter of the contract
1) Subject matter of this agreement is the participation in the partner program of the online shop of Valley Electronics LLC - hereinafter referred to as usa.daysy.me. The partner program enables the placement of electronic advertising material for the Daysy® product in the form of text links, HMTL advertising material, and banners.
2) The partner receives a commission for each successfully generated order as determined by usa.daysy.me (see partner program). For exceptions, see Section 6.
3) The following conditions apply to the participation in the partner program.

Section 2. Advertising media and online advertising media
1) An advertising medium enables a link between the partner's online advertising medium and usa.daysy.me by means of an HTML hyperlink, via which visitors of the partner's website can reach usa.daysy.me.
2) The formats and design of the advertising media are defined exclusively by usa.daysy.me. The partner is responsible for the integration into the online advertising medium.
3) The partner's online advertising medium is an Internet page/newsletter.

Section 3. Application for participation in the usa.daysy.me partner program and admission of partners
1) Partners can apply either by registering via the affiliate program or by submitting their application via e-mail to: join@usa.daysy.me
2) Usa.daysy.me reserves the right to refuse registrations if the content of the partner website does not correspond to the usa.daysy.me goal pursuit.
3) The contract becomes effective as soon as usa.daysy.me has agreed to the partner's application and notified the partner by e-mail.
4) The applicant declares that he or she is at least 18 years of age, has full legal capacity and a bank account in the USA.
5) If the partner operates several websites (domains) and would like to participate in the partner program with them, the partner is obliged to register for each website individually.

Section 4. Obligations of the partner
1) The partner is responsible for the operation and maintenance of his or her website as well as for all contents and timeliness. The partner guarantees not to provide any content that violates good manners and applicable laws. This includes in particular the representation of violence, sexually offensive images and discriminatory, offensive or defamatory statements regarding race, gender, religion, nationality, disability, sexual orientation, or age.
2) The partner assures that the content of his or her website does not infringe any rights of third parties. This applies in particular to patent, copyright, trademark, and other industrial property rights.
3) The partner is responsible for the proper integration of Daysy® advertising material and deep links. In order to ensure trouble-free billing, the HTML source code provided by usa.daysy.me must not be changed by the partner.
4) The partner agrees to indemnify usa.daysy.me from all claims and costs of any third party claims arising from the operation of its website. In addition, the partner is obligated to support us in defending against such claims by submitting declarations and information.
5) The partner is not authorized to set up a website that may cause confusion with the usa.daysy.me website. The partner may only use the advertising material on his or her website that has been made available to him or her by usa.daysy.me via the partner network.
6) Furthermore, the partner is not allowed to use search terms in search engines associated with the brand name Daysy®.
7) The partner undertakes to remove advertising material from his or her website immediately if he or she is informed by usa.daysy.me.
8) The partner is not allowed to pass on any commissions or discounts that are paid to him or her through the partner program of usa.daysy.me – without written agreement with usa.daysy.me – in whole or in part to third parties/end customers.
9) Violations of these obligations result in an immediate expulsion from the usa.daysy.me affiliate program.
10) We refer to the terms and conditions of the networks and point out that the sending of e-mails/newsletters to interested parties may only take place if they have expressly agreed to the mailing beforehand.

Section 5. Services of usa.daysy.me
1) In the secure area of the affiliate networks, the partners have access to the HTML source code of the existing advertising material, which they integrate into their websites.
2) The affiliate networks record the performances achieved via Daysy® advertising media and provide the partner with regular up-to-date statistics on all of his or her performances in the secure area. The form, scope and frequency of the statistics can be changed at any time by an affiliate network.
3) usa.daysy.me is responsible for the entire processing of the mediated order and reserves the right to reject orders that do not comply with the usa.daysy.me guidelines (e. g. negative credit checks, address verification).
4) A legal relationship arises between the customers brokered by the partner and usa.daysy.me, to which only the general terms and conditions of Valley Electronics LLC apply.

Section 6. Commissions
1) Entitlement to commission arises when the partner has brokered a successful transaction. A successful transaction is concluded when an online buyer has placed an order with usa.daysy.me for the product Daysy® and has shipped it within the United States or Canada.
An order is considered to have been successfully placed if the following prerequisites are fulfilled:
•    A successful business transaction was concluded due to the advertising space provided by the partners to usa.daysy.me.
•    The transaction was successfully recorded by usa.daysy.me.
•    The end customer accepts delivery of the goods at the place of dispatch, makes full payment, and the cancellation period of 30 days has expired.
Order or order value does not include: Zero value orders or vouchers. Furthermore: The shipping costs paid by the customer, the VAT and all optional service fees.
All successful orders resulting from a visitor to a partner site ordering Daysy® directly from usa.daysy.me via a Daysy® advertising material are taken into account.
•    The partner receives a commission for every successful order.
Excluded is a claim for reimbursement of expenses and costs in connection with the advertising activity of the partner. – All successful orders will be credited to the partner and settled prior to the last day of the following month. The disbursement will be made by check mailed to the physical address specified by the partner or to the Paypal account specified by the partner, provided that the minimum disbursement amount of 100 US Dollars has been reached. 
If the payout amount of $100.00 is not reached at the end of a month, the credit balance may be carried over to the following month. Valley Electronics LLC reserves the right to withhold bonuses below this limit until the minimum amount is exceeded in a following month. Premiums not paid out will not bear interest.
If a partner is subject to income taxes under American law, the partner agrees to provide usa.daysy.me with his or her Social Security Number on a completed IRS W-9 form upon registration.  Blank W-9 forms can be obtained from usa.daysy.me upon request.
In accordance with US law, disbursement of the commission will only take place after having checked for completeness and correctness of the partner's submitted W-9. Should the yearly taxable threshold as specified by the IRS be reached, the partner will receive an IRS Form 1099 from usa.daysy.me after the completion of each calendar year. The partner is solely responsible for the proper filing and payment of income taxes. In the event of subsequent claims by a public authority resulting from incorrect information provided by the partner, usa.daysy.me will make a claim for reimbursement to the partner.

Section 7. Licenses
1) The partners of usa.daysy.me receive a non-exclusive, non-transferable and revocable right to use the advertising media mentioned in Section 2, but only within the scope of this partner contract and the agreements set out therein. The licensed advertising material may not be changed by the partner.
2) usa.daysy.me reserves the right to revoke the granted license at any time by written notification by e-mail without giving reasons. The license agreements end upon termination of this agreement.

Section 8. Independence of the contracting parties
usa.daysy.me and the partner are independent parties and operate their websites independently of each other. This contract does not constitute a joint company or community, nor does it establish an employment relationship or a commercial agent contract. Neither the partner nor usa.daysy.me is entitled to perform on behalf of the other partner and/or to make statements in his or her name.

Section 9. Duration of contract and termination
1) This agreement is established for an indefinite period of time and may be terminated by usa.daysy.me or the partner at any time by e-mail without notice.
2) After termination of this agreement, the partner is obligated to remove all advertising material and links to usa.daysy.me from his or her website.
3) The partner is entitled to a commission only during the term of the contract.

Section 10. Amendment of this agreement
1) usa.daysy.me has the right to change this agreement at any time. The partners will be informed by e-mail.
2) The partner may object to the amendment within 30 days. If no objection is received by usa.daysy.me within this period, the changes are deemed accepted by the partner and become part of the contract.
3) The right of the partner to terminate the contract due to the amendment shall remain unaffected.