Affiliate Program Terms and Conditions
Date: 13th July 2024
Welcome to the Corepunk Affiliate Program!
Affiliate Program in Brief
* Whether you're a streamer, guide creator, website owner, or simply a fan, anyone can register and participate.
* Share your unique link with your friends, followers, and community. When they purchase a Preorder to Early Access through your unique link, you will receive a 20% commission on each game sale.
Please review these Corepunk Affiliate Program Terms and Conditions carefully.
1. Definitions
“Affiliate Program”: A marketing program in which Affiliates earn commissions by promoting Preorders through unique Affiliate Links provided to them by us.
“Affiliate Program Terms”: These Corepunk Affiliate Program Terms and Conditions.
"We/Us/Our”: COREPUNK B.V., a Dutch company, registered under number 69946868, with a registered office at Jan van Galenstraat 335, 1061 AZ Amsterdam, the Netherlands.
"Affiliate": An individual or a legal entity who has registered for and been accepted into the Affiliate Program.
"Customer": An individual who purchases a Preorder for the first time using an Affiliate link.
“Preorder”: A preorder for Early Access to the Corepunk Game in version "COREPUNK: Light Bless the King” as described at https://shop.corepunk.com.
“Affiliate Link”: A unique URL provided to an Affiliate for promoting Preorders. This link tracks sales and commissions.
“Website”: Our official website https://corepunk.com.
“Commission”: The amount of money paid to an Affiliate for each sale of a Preorder to a Customer that was made using the unique Affiliate link.
2. Registration
2.1. Eligibility: The Affiliate Program is open to every individual or legal entity who wishes to participate.
2.2. Registration: To become an Affiliate, you must:
* (for individuals) be over 18 years old; or (for legal entities) be an authorized representative of the legal entity;
* complete the registration form on our website; and
* read and agree to the Affiliate Program Terms.
2.3. We do not accept Affiliates who are under sanctions, have legal restrictions, or are otherwise prohibited by law from participating. We reserve the right to accept or reject any application at our sole discretion without any additional explanation.
3. Affiliate Responsibilities
3.1. Promotion: Affiliate shall:
* promote Preorder by using the unique Affiliate link provided upon registration.
3.2. Compliance: Affiliate shall:
* comply with all applicable laws and regulations when promoting Preorder and participating in this Affiliate Program, including customer protection and data protection laws;
* use only official information from our Website when promoting Preorder;
* adhere to ethical and lawful marketing methods. For instance, Affiliates should not engage in spamming, misleading, or unethical advertising practices.
4. Commission
4.1. For each sale of a Preorder made through the unique Affiliate link, the Affiliate will earn a Commission. Affiliates are not permitted to refer themselves or make purchases through their own Affiliate link.
4.2. Commission is calculated as 20% of the customer’s order amount for each sale made through the unique Affiliate link based on the Preorder price indicated on the Website. The Commission includes taxes.
4.3. Commission Threshold: Commissions will be paid out provided that the Affiliate has reached the minimum payout threshold of 20 (twenty) Euros.
4.4. Payment Schedule: Commissions will be paid out 30 days after the early access release date. For all sales occurring after the early access release, commissions will be paid out monthly, 30 days after the end of the month in which the sale occurred. The currency of payment can be Euros or US Dollars.
4.5. In any case where a sale is refunded to a Customer for any reason, the corresponding Commission for the Affiliate will be reversed. If the Commission has already been paid out to the Affiliate, the amount will be deducted from future earnings. If no future earnings are available, the Affiliate agrees to repay the Commission amount to the Company within 10 days after notice from us.
4.6. In order to process the Commission payment, we may need to request additional information from you, including billing details and/or signing documents for accounting, tax, or payment purposes.
5. Tax Obligations
Affiliates are responsible for any taxes arising from their participation in the Affiliate program. This includes reporting and paying taxes on their earnings as required by law.
6. Fraud Prevention
6.1. We reserve the right to employ various measures to detect and prevent fraudulent activities, including but not limited to monitoring purchase patterns, verifying usage, conducting manual reviews of suspicious activities, and monitoring Affiliate activities for fraudulent behavior.
6.2. Any suspicious activity may result in the suspension or termination of the Affiliate account and/or associated user accounts, and suspension or termination of participation in this Affiliate program, with any earned commissions being reversed.
6.3. Affiliates found engaging in fraudulent activities, such as generating fake sales or engaging in refund abuse, will be subject to legal action and required to repay any commissions earned from such activities, as well as damages caused to us.
7. Modifications, Term and Termination
7.1. Modifications. We reserve the right, at our discretion, to change this Affiliated program at any time without any liability to reimburse damages for such changes to Affiliate. Please check this Affiliated program periodically for changes. The changes will commence from the date they will be made. Affiliates will be notified of any changes via email or through the affiliate dashboard.
7.2. Term of Affiliated Program: Affiliate Program will commence on the date indicated on Website. We reserve the right, at our discretion, to terminate this Affiliate program at any time without any liability to reimburse damages for such termination to Affiliate. Affiliates will be notified of any changes via email or through the affiliate dashboard. You may terminate your participation in Affiliate Program at any time.
7.3. Term of rights and obligations of Affiliate: Affiliate’s rights and obligations under Affiliate Program Terms will commence after we approve Affiliate application to this Affiliated program, and will continue until (a) Affiliate Program termination; and/or (b) Affiliate participation suspension or termination.
8. Limitation of Liability
To the fullest extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your participation in this Affiliated program.
9. Dispute resolution and governing law
9.1. To expedite resolution and control the cost of any dispute, controversy, or claim related to this Agreement (“Dispute”), you and we agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any court proceeding. Such informal negotiations commence upon written notice from one person to the other. We will send our notice to the email address you have provided to us. You will send your notice to the addresses mentioned in the Contact details.
9.2. This Agreement will be governed by the laws of the Netherlands. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. By agreeing to this Agreement, in the event of any claim you may have arising from or related to the Preorder or this Agreement you agree to the exclusive personal and subject matter jurisdiction of the courts located in Amsterdam, the Netherlands, for making and resolving any such claims, and hereby waive any right to participate in any type of lawsuit brought and/or maintained as a class action or similar in nature to a class action. We reserve the right to make any claim against you and seek and be granted any legal or equitable remedy against you in any court anywhere in the world.
9.3. Attorneys' Fees. In the event any litigation is brought by either party in connection with the Agreement, the prevailing party in such litigation shall be entitled to recover from the other party all the reasonable costs, attorneys' fees, and other expenses incurred by such prevailing party in the litigation insofar permitted under the law.
10. Data Protection and Privacy
10.1. Data Control: Both the Company and the Affiliate are separate controllers of any data collected through the Affiliate program. Each party is independently responsible for complying with data protection regulations in relation to the personal data they process.
10.2. Affiliate shall ensure that any personal data obtained by Affiliate in connection with Affiliate Program, is processed in the compliance with all requirements set by applicable data protection laws for the processing of personal data, including but not limited to the General Data Protection Regulation (GDPR), all local laws and regulations which amend or replace any of them, together with any national implementing laws in any Member State of the European Economic Area (EEA), to the extent applicable, in any other country, as amended, repealed, consolidated or replaced from time to time.
11. Other terms
11.1. Participation in the Affiliate program does not create any legal entity, partnership, joint venture, or employment relationship between us and Affiliate. Both parties remain independent throughout the duration of Affiliate program.
11.2. Assignment. We may assign this Agreement in whole or in part, to any person or entity at any time with and without your consent or notification. You may not assign the Agreement without our prior written consent and any unauthorized assignment by you shall be null and void.
11.3. Entire Agreement. Affiliated Program Terms and Privacy and Cookie Policy, each as amended and modified from time to time, together constitute the entire agreement between you and us with respect to Affiliate program, and supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and us with respect to Affiliate program; provided, however, that this Affiliated program shall coexist with Privacy and Cookie policies and other policies, terms and conditions, rules and guidelines published by us.
11.4. No Waiver. The failure by us to enforce any right or provision of Affiliated Program Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.
11.5. Severability. If any part of Affiliated Program Terms is held invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect.
11.6. Force Majeure. We shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond our control such as acts of God, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, power outages, circumstances caused by suppliers or shortages of transportation facilities, fuel, energy, labor or materials.
12. Contact Information
(a) If to us.
For any questions or concerns about the Affiliate program, please contact us at af@corepunk.com.
All notices given by you or required under the Affiliate program shall be in writing and addressed to COREPUNK B.V., a Dutch company, to the following address Jan van Galenstraat 335, 1061 AZ Amsterdam, the Netherlands.
(b) If to You. All notices given by us under this Affiliate program shall be given to you either through written notice, email, or website blog post.