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100% DUURZAAM - BAMBOE -

Affiliate Agreement

Working together for Bamboo Import Europe B.V.

Affiliate agreement

Affiliate Agreement
Bamboo

Effective date: 31 January, 2022

Primary Website: bambooimport.com

 

THE AGREEMENT: This Affiliate Agreement (hereinafter referred to as the "Agreement") is provided by the following organisation, hereinafter referred to as the "Company": Bamboo Import Europe. Our primary website is located at the above address. The Agreement is a legal document between you and the Company that describes the affiliate relationship we are entering into. This Agreement relates to your responsibilities as an affiliate and our responsibilities to you. Please ensure that you read and understand this document in its entirety and, if necessary, seek the assistance of an attorney, as each of the terms of this Agreement is important to our working relationship.

 

1) DEFINITIONS

The Parties referred to in this Agreement are defined as follows:

  1. a) Company, Us, We: As described above, we shall be referred to as the Company. Us, we, our and other pronouns will also refer to the Company, as well as any employees or legal representatives of the Company.
  2. b) You, the Affiliate: You are referred to as the "Affiliate". You are also referred to in this Agreement by second person pronouns such as You, Your, or Your.
  3. c) Parties: The parties to this agreement (the Company and You) are collectively referred to as "Parties" or individually as "Party".
  4. d) Affiliate Programme: The programme we have set up for our Affiliates as described in this Agreement.
  5. e) Affiliate Application: The fully completed form to be submitted to us for consideration of your inclusion in the Affiliate Programme.
  6. f) Website: The primary website mentioned above shall be referred to as Website.

 

2) CONSENT & ACCEPTANCE

By submitting an application to our Affiliate Programme, you warrant that you have read and understood this Agreement and agree to be bound by it. If you do not agree to this Agreement, please exit the Website immediately and do not apply for our Affiliate Programme. This Agreement expressly refers to the general terms and conditions, privacy policy, end user license agreements or other legal documents we may have on our website.

 

3) AGE LIMIT

You must be at least 18 (eighteen) years old to apply for our Affiliate Programme or use this website. By submitting an application for our Affiliate Programme, you represent and warrant that you are at least 18 years old and legally able to agree to this Agreement. The Company accepts no responsibility or liability for any misrepresentation of your age.

 

4) REGISTRATION FOR THE PROGRAMME

To apply for our Affiliate Program, you will first be asked to submit an Affiliate Application. The Affiliate Application can be found at the following website: bambooimport.com/.

Submission of an Affiliate application does not guarantee inclusion in the Affiliate Programme. We evaluate each application and are the sole and exclusive decision-maker regarding the admission of an Affiliate. If we decide not to admit you to the Affiliate Programme, we will endeavour to give you reasonable notice. If you do not receive notice from us within a reasonable time, your application will be deemed rejected. We are under no obligation to provide you with an explanation for the rejection, but we may reject applicants for any reason or in any way, including, but not limited to, a website or social media page that violates our Acceptable Use Policy.

If your Affiliate application is rejected, you may not reapply. If your Affiliate application is accepted, all terms and conditions in this Agreement will apply to your participation. We may also ask you for additional information to complete your Affiliate application or ask you to take additional steps to ensure your eligibility for the Affiliate Programme.

 

5) NON-EXCLUSIVITY

This agreement does not create an exclusive relationship between you and us. You are free to work with similar affiliate programme providers in any category. This agreement does not restrict us from working with any individual or company of our choice.

 

6) AFFILIATE PROGRAMME

After your acceptance into the Affiliate Programme, please ensure that your account is set up thoroughly, including specific payout information and location (such as a bank or online account that we can use to post payment).

Please note that the following is a general description of the Affiliate Programme. Everything in this subsection is subject to the specific terms and conditions contained in the rest of this Agreement.

We will provide you with a specific link or links corresponding to certain products we offer for sale (collectively, the "Link"). The Link will be associated with your identity and will direct online users to the Company's website or websites. You hereby agree to cooperate fully with us with respect to the Link and that you will at all times explicitly abide by all the terms of this Agreement for the promotion of the Link. We may change the specific link or links and will notify you if we do so. You agree to only use links that have been pre-approved by us and to post the Link prominently on your website or social media page as described in your Affiliate Application (collectively, the "Affiliate Site").

Each time a user clicks on the Link placed on the Affiliate Site and completes the sale of the product or service, and we determine it to be a Qualifying Purchase as described below, you will be eligible to receive the following percentage of the sale: 10% (ten percent).

All products, photos, texts, colours and logos must be used from the Bamboo Import Fire Kit.

 

7) SPECIFIC CONDITIONS APPLICABLE

We will determine whether a payout is permissible in our sole and exclusive discretion. We reserve the right to refuse clicks and/or sales that do not comply with the terms of this Agreement.

Processing and fulfilment of orders will be our responsibility. We will also provide real-time data on your account with us through the portal on which you log into the website.

As described above, to be eligible for payout, user purchases must be "Qualified Purchases". Qualified Purchases:

  1. a) May not have been referred by any other partner or affiliate links of the Company (in other words, Qualifying Purchases are only available through your specific Affiliate Link;
  2. b) May not be purchased by an existing partner or affiliate of the Company;
  3. (c) may not be purchased until the Affiliate has joined the Affiliate Programme;
  4. d) May only be purchased via a properly traced Affiliate Link;
  5. e) May not be purchased by a customer in violation of any of our legal provisions or acceptable use policies;
  6. (f) Not be fraudulent in any way, at the sole discretion of the Company;
  7. (g) must not have been caused by the Affiliate offering the customer coupons or discounts;

 

  1. PAYOUT INFORMATION

Payments will only be available once the Company has your current address details as well as accounting and tax documentation. You will need to provide a recent Chamber of Commerce and copy of an identity document. Accounting information may include the routing and account number of a bank where you wish to make a direct deposit or may include an email address for an online payment method.

The Company currently uses the following payout methods:

IDeal, Credit Card, PayPal, Sofort Banking, Bank Contact, Klarna.

For any change in your address or accounting information, please notify us immediately and we will endeavour to make the changes to your payout information as soon as possible.

Payouts will be available the month or period after they accrue. For example, if payouts are made every 30 days, a full 30-day period must end for that period's payout to be available in the next period.

We expressly reserve the right to change payout information at our sole and absolute discretion. If we do so, you will be notified.

Payouts are also subject to the following limitation:

  1. a) Payouts are only available once a threshold of the following amount has been reached: €500 (five hundred euros).

Any disputes over payouts must be notified to the Company within 30 days of your receipt of the payout. We will review any notification of a dispute as well as the underlying payout transaction to which the dispute relates. Disputes submitted after thirty days of the payout will not be considered.

 

9) REPORTS

You may log into your account with us to view reports related to your affiliation, such as payout reports and Qualifying Click and/or Purchase information. However, please note that not all qualifying clicks and/or purchases listed have been fully verified for accuracy in the reports you can view in real time and may therefore be subject to change prior to payout.

 

10) DURATION, TERMINATION & SUSPENSION

The term of this agreement will begin when we accept you into the Affiliate Programme. The agreement may be terminated by either party at any time, with or without cause.

You can only earn payouts as long as you are an Affiliate in good standing during the term. If you terminate this Agreement with us, you will be eligible for payouts earned before the date of termination.

If you do not abide by the terms of this agreement or any other legal terms that we have placed anywhere on our website or websites, you will lose all rights, including the right to any unclaimed payment.

We expressly reserve the right to terminate this Agreement if you breach any of the terms described herein, including, but not limited to, violating the intellectual property rights of the Company or any third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.

Upon termination of this Agreement, all provisions which by their nature are presumed to remain in force after termination shall remain in full force.

 

11) INTELLECTUAL PROPERTY

You agree that the intellectual property owned by the Company includes all copyrights, trademarks, trade secrets, patents and other intellectual property belonging to the Company ("Company IP").

Subject to the restrictions set forth below, we hereby grant you a non-exclusive, non-transferable, revocable license to access our websites in connection with the Affiliate Program and to use the company code solely and exclusively in connection with the identification of our company and brand on the Affiliate Site to direct customers to the Affiliate links we provide. You may not modify the company code in any way and you may only use the company code if you are a known Affiliate to us.

We may revoke this licence at any time and if we find that you are using the Company's IP in a manner not provided for in this Agreement, we reserve the right to terminate this Agreement.

Except as provided herein, you may not use the Company IP or any confusingly similar variation of the Company IP without our express prior written consent. This includes a restriction on using the Company IP in a domain or website name, in keywords or advertising, in meta tags or code, or in a manner that is likely to cause confusion among consumers.

Please note that your unauthorised use of Company IP constitutes an unlawful infringement and we reserve all of our rights, including the right to bring infringement proceedings against you in a federal court. You may be required to pay monetary damages or legal fees and costs.

You hereby grant us a non-exclusive licence to use your name, trademarks and service marks where applicable and other company intellectual property to advertise our Affiliate Programme.

 

12) MODIFICATION & VARIATION

The Company may amend this Agreement from time to time and at any time. You agree that the Company has the right to modify this Agreement or to revise anything contained herein. You further agree that all amendments to this Agreement shall be in full force and effect immediately upon posting on the Website and that any amendments or variations shall supersede any prior version of this Agreement, unless prior versions are specifically referenced or included in the last amendment or variation of this Agreement. If we update or replace the terms of this Agreement, we will notify you by electronic means, which may include an e-mail. If you do not agree to the update or replacement, you may choose to terminate this Agreement as described below.

  1. a) To the extent that any part or subpart of this Agreement is held by a court to be invalid or ineffective, you agree that the previous, effective version of this Agreement shall be considered enforceable and valid to the fullest extent of the law.
  2. b) You agree to check this Agreement routinely and refer to the effective date at the top of this Agreement to note any changes or variations. You further agree to clear your cache when doing so to prevent access to any previous version of this Agreement.

 

13) RELATIONSHIP OF THE PARTIES

Nothing in this Agreement shall be construed as a partnership, joint venture, agency, franchise or employment relationship. You are and shall at all times remain an independent contractor of the Company.

 

14) PERMITTED USE

You agree not to use the Affiliate Programme or our Company for any purpose that is unlawful or prohibited by this clause. You agree not to use the Affiliate Programme in any way that could damage our websites, products, services or the general business of the Company.

  1. (a) You further agree not to use the Affiliate Programme
  2. I) Harass, abuse, threaten or otherwise violate the legal rights of any person;
  3. II) Violating intellectual property rights of the Company or third parties;

III) Upload or otherwise distribute computer viruses or other software that may damage the property of others;

  1. IV) Committing fraud;
  2. V) Conduct or create illegal gambling, sweepstakes or pyramid schemes;
  3. VI) Publishing or distributing obscene or defamatory material;

VII) Publishing or distributing materials inciting violence, hatred or discrimination against any group;

VIII) Unlawful collection of information about others.

 

15) AFFILIATE OBLIGATIONS & FTC COMPLIANCE

You are responsible for the operation and maintenance of the Affiliate Site, including its technical operation, written claims, links and the accuracy of material. As stated above, you must ensure that the Affiliate Site does not infringe the intellectual property rights of third parties or otherwise violate any legal rights.

We may monitor your account as well as the clicks and/or purchases made through your account. If we determine that you are not complying with the terms of this Agreement, we will be entitled to terminate your participation in the Affiliate Programme with immediate effect.

We require all our Affiliates to comply with all applicable statutes, regulations and guidelines issued by government, as well as state and local governments as prescribed.

We recommend that you seek independent legal advice to advise you of our obligations to disclose.

You are required to place a prominent notice about the Affiliate Programme on your website. This notice need not contain exactly the same wording as the example below, but it must be similar:

We engage in affiliate marketing whereby we receive funds through clicks to our affiliate programme through this website or we receive funds through the sale of goods or services on or through this website. We may also accept advertising and sponsorship from commercial companies or receive other forms of advertising compensation.

We also require that you comply with all applicable data protection and security laws and regulations, including any laws or regulations that may affect the country in which you live or your visitors. Such regulations include, but are not limited to, all applicable laws in the United States or the European Union's General Data Protection Regulation. We also require that you take appropriate organisational and technical measures to ensure an adequate level of security for the data you process. Furthermore, you hereby agree to comply with any requests we may make to you regarding compliance with the General Data Protection Regulation or requests you may receive from data subjects.

If we determine that you do not meet the requirements of this subsection, we may terminate our relationship with you at our sole and absolute discretion.

 

16) REVERSE ENGINEERING & SECURITY

You agree not to take any of the following actions:

  1. a) Reverse engineer or attempt to reverse engineer or disassemble code or software from or on any of our websites or services;
  2. b) Breach the security of our websites or services through unauthorised access, circumvention of encryption or other security measures, data mining or interference with a host, user or network.

 

17) LOSS OF DATA

The Company assumes no responsibility for the security of your account or content. You agree that your participation in the Affiliate Programme is at your own risk.

 

18) COMPENSATION

You agree to defend, indemnify and hold harmless the Company and its agents (if any) from and against all legal claims and demands, including reasonable attorneys' fees, arising from or related to your use or misuse of the Affiliate Program, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and participate in its own defence if the Company so desires.

 

19) SPAM POLICY

You are strictly prohibited from using the Affiliate Programme for illegal spamming activities, including collecting e-mail addresses and personal information from others or sending mass commercial e-mails.

 

20) ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the Affiliate Programme. This agreement supersedes any prior or contemporaneous agreements or understandings, written or oral.

 

21) INTERRUPTIONS IN SERVICE

The Company may need to interrupt your access to the Affiliate Programme in order to perform scheduled or unscheduled maintenance or emergency services. You agree that your access may be affected by unplanned or unscheduled interruptions for any reason, but that the Company shall not be liable for any damage or loss resulting from such interruptions.

 

22) NO GUARANTEES

You agree that your use of the Affiliate Programme is entirely at your own risk and that all services provided by us are on an "as is" basis. The Company hereby expressly disclaims all warranties of any kind, express or implied, including, but not limited to, the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Company does not warrant that the Affiliate Programme will meet your needs or that it will be uninterrupted, error-free or secure. The Company also makes no warranties as to the reliability or accuracy of any information. You agree that any damage that may occur to you, through your computer system, or as a result of the loss of your data through your use of the Affiliate Programme is your sole responsibility and that the Company will not be liable for any such damage or loss.

 

23) LIMITATION OF LIABILITY

The Company shall not be liable for any damages you may suffer as a result of your participation in the Affiliate Programme, to the extent permitted by law. The maximum liability of the Company arising out of or in connection with this Agreement shall be limited to one hundred ($100) US dollars. This provision applies to all claims by you including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.

 

24) GENERAL PROVISIONS:

  1. A) LANGUAGE: All communications or notices to be given under this Agreement shall be in the Dutch language.
  2. B) JURISDICTION, COURT OF LAW AND CHOICE: By participating in the Affiliate Program, you agree that the Courts of Amsterdam in the Netherlands shall apply to all matters or disputes concerning or arising out of this Agreement as well as to all disputes of any kind that may arise between you and the Company, with the exception of conflict of law provisions. In the event a dispute specifically allowed under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the courts of Amsterdam, the Netherlands. The Parties agree that this choice of law, venue and jurisdiction clause is not permissive, but rather mandatory in nature. You hereby waive the right to object to venue, including invoking the doctrine of forum non conveniens or a similar doctrine.
  3. C) ARBITRATION: In the event of a dispute between the Parties relating to, or arising out of, this Agreement, the Parties shall first attempt to resolve the dispute privately and in good faith. If such attempts at personal resolution fail, the Parties shall submit the dispute to binding arbitration. The arbitration shall take place in the following country: the Netherlands. The arbitration shall be conducted by one arbitrator, and such arbitrator shall not have the power to add parties, modify the provisions of this Agreement, award punitive damages or form a class. The arbitrator shall be bound by the applicable and governing laws of Amsterdam. Each Party shall pay its own costs and fees. Claims requiring arbitration under this Section include, but are not limited to: contract claims, tort claims, claims under federal and state law, and claims under local laws, ordinances, statutes or regulations. Company claims involving intellectual property shall not be subject to arbitration and, as an exception to this subpart, may be brought in court. Consistent with this subpart of this Agreement, the Parties waive any right they may have to a jury trial with respect to arbitrable claims.
  4. D) AGREEMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred by you, in whole or in part. If this Agreement, or the rights granted hereunder, are assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company shall be binding upon and apply to any assignees, administrators, successors and executors.
  5. E) INJURY: If any part or subpart of this Agreement is held by a court or competent arbitrator to be invalid or unenforceable, the remaining parts and subparts shall be enforced as far as possible. In such a circumstance, the remainder of this Agreement shall remain in full force and effect.
  6. F) NO WAIVER: Our failure to enforce any provision of this Agreement shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
  7. G) HEADING EXCLUSIVELY FOR Convenience: Headings of sections and subsections under this Agreement are for convenience and organisation only. Headings do not affect the meaning of any provision of this Agreement.
  8. H) FORCE MAJEURE: The Company shall not be liable for any failure to perform due to causes beyond its reasonable control, including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts that may result from unforeseen circumstances.
  9. I) ELECTRONIC COMMUNICATION PERMITTED: Electronic communication is permitted under this Agreement by both Parties, including by e-mail or fax. For questions or comments, please e-mail us at the following address: info@bambooimport.com.

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