Affiliate

Terms & Conditions  

  

-BY SIGNING UP OR BY CONTINUING TO PARTICIPATE IN THE PROGRAM EVEN AFTER A MODIFICATION, YOU (A) AGREE TO BE BOUND BY THIS AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS OPERATING AGREEMENT. 

  

IN ADDITION, IF THIS OPERATING AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS OPERATING AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS OPERATING AGREEMENT.

 

1. Program Overview

By signing in to DWISS “Affiliate Program” on our website at www.dwiss.com, you become a “Member” of our Program and will be provided with a unique referral link (“Referral Link”) to share with potential customers. Potential customers may then use the Referral Link to register and buy any DWISS´s products. Referral Links will be issued only to Members in good standing with DWISS. It is the Members´ responsibility to communicate precisely the Referral Link as received, without any typos or other mistakes. 

  

“Referrer” means a Member of the Program who refers potential customers. “Referred Customer” means a customer that made a valid purchase of DWISS´s products under the Program. DWISS is hereinafter referred to as DWISS or we. 

 

Referrers cannot be not legally prohibited from providing the personal information (e.g., name and email address) of each Referred Customer. 

 

If a Referral Link is clicked by a potential customer and the potential customer provides a referral email address that is different from the Referral Link's email address, the referral is awarded to the email address entered in the registration process. 

  

Referrer and Referred Customers must be 18 years old or older and not legally prohibited from participating in the Program. 

  

For every “Qualifying Referral”, a Referrer may be eligible to receive a “Reward” (both described below), provided fully compliant with these Terms and Conditions.

 

We reserve the right to disqualify any Member or Referred Customer at any time from participation in the Program if such Member or Referred Customer does not comply with any of these Terms and Conditions. 

  

DWISS makes every effort for the referral tracking system to be accurate but cannot be responsible for cookie tracking that is disrupted due to visitor's clearing cookies, changing computers or utilizing any other mechanism that could potentially disrupt referral tracking.  

  

DWISS provides basic ways to refer customers including referral email templates, text links, banner links, and the ability for others to provide an email address of the referrer in the purchase process. 

  

Referral text links, banner links or referral email addresses should only be posted on websites that the Member has direct ownership such as personal websites, personal blogs, personal facebook pages, personal Twitter accounts, etc.  Please respect posting guidelines on any public forum, blog, auction, etc. and any referral posting deemed inappropriate by DWISS will be asked to be removed. 

  

“Spamming” other individuals to buy DWISS products via unsolicited email, direct mail, newsgroups, message boards, or any other means is strictly prohibited in the Affiliate Program.  DWISS reserves the right to remove a Member from the Program if he/she is found to be “spamming”.  It is the sole discretion of DWISS to determine if a Member is “spamming”. 

  

DWISS reserves the right to prohibit any referral mechanism deemed inappropriate in DWISS' sole discretion.  This includes but is not limited to the following types of referral mechanisms:

  • Trademark violations of either DWISS or other trademark violations
  • Inappropriate content such as hate, porn or violence content
  • Any pay per click ad purchase in a search engine for any keyword
  • Content intended to falsify or mislead consumers about DWISS

  

Any content that is deemed inappropriate by the DWISS' compliance department will be asked to be taken down with one warning email.  If the said content is not removed within 3 business days or if the content is found again at a later time, the Member will be excluded from the Program.  The member will forfeit any Rewards. 

  

Self-referral is not allowed within the Program which can include separate accounts registered in the same household.  Determination of what a “self-referral” consists of is at the sole discretion of DWISS.  

  

The Program is subject to change at any time per DWISS' sole discretion. 

  

Membership in the program is free: there is no charge to be a member or to receive Rewards. 

  

The Program cannot be combined with other reward mechanisms including but not limited to discounts, gift cards. 

 

  1. Qualifying Referrals

Referred Customers must be businesses or individuals. Referrers must only refer real third-party potential customers who meet the requirements of these Terms and Conditions. Referrers may not misuse or exploit the Program, and accordingly may not, for example, create multiple or fake accounts under his/her name or participate in the Program using multiple or fake email addresses or identities. 

  

A “Qualifying Referral” means that all of the following cumulative conditions are met:

  • The Referred Customer was not previously registered with DWISS under any email address or alias
  • The Referred Customer is 18 years or older and approved for registration by DWISS to receive its products
  • The Referred Customer completed the registration process with DWISS using the Referrer’s Referral Link. If a Referred Customer registers with DWISS using any other link or method, the registration will not count as a Qualifying Referral and neither the Referrer will earn Reward with respect thereof
  • The Referred Costumer acquires at least one DWISS product
  • Payments of the Referred Customer were not canceled, charged back or disputed

 

Qualifying Referrals exclude, and we will not pay Rewards on any of, the following:

  • Any product that, after expiration of the applicable session, is added to a customer’s shopping cart, or is streamed or downloaded by a customer, even if the customer previously followed a Referral Link
  • Any product purchase that is not correctly tracked or reported because the links are not properly formatted
  • Any product purchased through a link by you or on your behalf, including products you purchase through links for yourself, friends, relatives, or associates
  • Any product purchased after termination of this Agreement;
  • Any product order where a cancellation, return, or refund has been initiated; and
  • Any purchase wherein you have offered any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Referral Links

 

DWISS posts product pricing in various sections of the website.  While DWISS makes every effort to post accurate pricing, any individual product price displayed on DWISS´s site is subject to change.  DWISS is not liable for any pricing errors. 

  

Only one Qualifying Referral shall be deemed generated for each Referred Customer. Any additional or subsequent purchase made by a Referred Customer will not be treated as a Qualifying Referral. 

 

Determination of whether or not a purchase made is a “Qualifying Referral” is at the sole discretion of DWISS. DWISS is not responsible for tracking problems resulting from incorrect usage of its site, disabling cookies, computer issues resulting from unknown causes such as third-party software or other issues or from any other failure of tracking mechanisms. 

  

DWISS may prohibit a Member from participating in the Program or receiving a Reward, in its sole discretion, if it determines that such Participant is attempting to undermine the fairness, integrity or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other users or representatives of DWISS. Referrals generated by a script, macro or other automated means will be disqualified. If a solution cannot be found to restore the integrity of the Program, we reserve the right to cancel, change, or suspend the Program. 

  

A Qualifying Referral may be removed by request of the Referrer by contacting DWISS at sales@dwiss.com.

 

3. Rewards

Rewards will only be awarded for Qualifying Referrals. 

  

A Reward equivalent to a percentage of the product purchased using the Referral Link (or such other amount as specified in the landing page from which the Referred Customer accessed these Terms and Conditions) (the “Reward”) shall be awarded by DWISS to each of the Referrer that is party to a Qualifying Referral. 

  

DWISS may set a maximum amount of Qualifying Referrals per calendar year with respect to aggregate Rewards that may be earned. Rewards may be subject to verification by DWISS in its sole discretion. DWISS may withhold a Reward for investigation, or refuse to process any transaction it deems fraudulent, suspicious, or in violation of these Terms and Conditions. All of DWISS’s decisions are final and binding, including decisions as to whether a Qualifying Referral Reward is valid. 

 

We reserve the right to modify or amend at any time the methods through which Rewards are earned. 

  

If a discrepancy occurs, such as a Reward not being credited or paid, then the member must contact DWISS via sales@dwiss.com within 90 days of the purchase date of the goods with proper documentation/proof of purchase.  Failure in contacting DWISS within that 90-day period will result in no customer Reward for the said orders/purchases. 

  

Rewards awarded to you are subject to adjustments for returns, cancellations or reversals by each respective customer for any reason. In case of return or cancellation, DWISS retains the right to not pay you or claim the paid amount back. If you disagree with any adjustments or claim, the sole remedy is to discontinue use of the Program. 

  

Participation in the Program is personal to you. Rewards received under the Program may not be assigned or transferred to any third party except as expressly permitted by DWISS in writing. The sale, transfer, lending, exchange, pooling or barter of any Rewards, other than by DWISS, is expressly prohibited. 

  

We will provide you with access to our dashboard which will provide data relating to your referrals.

 

4. Payment Terms

Rewards are payable by DWISS to you on a monthly basis, within thirty (30) days after the end of each calendar month, in Swiss francs, less (a) billing and payment costs (which may include monthly and pre-transaction processing charges and merchant bank fees); and (b) returns, refunds, chargebacks, discounts and credits. If we are obligated to pay you in a currency that is not Swiss francs, we will convert such Program Fees at an exchange rate that we or our bank determine, which may include fees and charges for the conversion. We will pay you via bank transfers or Paypal. 

  

DWISS will not be obligated to make a payment if the total amount to be paid to you under this Agreement is less than $50 (the “Payment Threshold”), and may instead accrue such payment obligation until such time as its overall obligation to you is at least the Payment Threshold. 

  

If any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent fees payable to you under this Agreement. 

 

If required by applicable tax law, we may deduct or withhold taxes, levies or any similar amounts from the advertising fees payable to you. 

  

You hereby agree that you will not pursue any claim against DWISS or any of its affiliates, and hereby waive all such claims you may now or in the future have, in respect of any taxes DWISS deposits with a relevant taxing authority pursuant to this Agreement.

 

5. Member Responsibilities

Members agree not to use the Program to:

  • Violate applicable law
  • Infringe the intellectual property rights of DWISS or any third parties
  • Stalk, harass, or harm another individual or use the Program in any way that may be offensive to another individual or entity, including but not limited to using the Refer a Friend email function to send out any content that may be considered offensive to another individual or entity
  • Collect or store personal data about other participants, other than as set forth in these Terms and Conditions;
  • Impersonate any person, or otherwise misrepresent participant’s identity;
  • Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks
  • Interfere with another participant’s use of the Program
  • Attempt to gain unauthorized access to the Program, or to other accounts, computer systems, or networks connected to the Program
  • Transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features
  • Interfere with another participant’s use of the Program
  • Use the Program to conduct any activity or solicit the performance of any illegal activity or other activity that infringes the rights of others; and
  • Resell, barter, trade, auction or otherwise generate income by providing access to the Program to others

  

You are responsible for keeping your email address, passwords, account numbers, and other account information confidential. DWISS will not be responsible for any losses or liabilities incurred through the use of your password by a third party. 

  

You will not issue any press release or make any other public communication with respect to this Agreement, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement. 

  

You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current. 

  

Referrers must not use any paid advertisement to promote DWISS or the Program, including but not limited to, paid search marketing, advertisements (banners), affiliate networks, paid email campaigns and other similar methods. Referrers may not use illegal or otherwise objectionable content in connection with any communications relating to the Program and/or any referrals made under the Program.

 

Other than as specifically set forth in these Terms and Conditions, Referrers may not use DWISS´s name and/or any of DWISS’s marks or logos at any time. 

 

Referrers will be responsible for any tax reporting and/or payment obligations under applicable in respect to any Reward received under the Program. 

 

  1. Privacy; Use of Information

Members acknowledge that if they choose to participate in the Program, they may be required to submit to DWISS certain personal information about them such as name and e-mail address, and additional information reasonably requested by DWISS. A Member’s participation in the Program constitutes permission to DWISS to use any Member’s first and last name, company or business name, profile information, email address, biographical information, and city and state address for any and all promotional or advertising purposes in connection with the Program, on a worldwide basis and in all forms of media without review, permission or further compensation of any amount or kind whatsoever, unless prohibited by law. 

 

Referrers shall as part of the referral under the Program be providing DWISS with e-mail addresses of Referred Customers. Referrers may not provide the e-mail addresses of a potential customer where legally prohibited. 

 

The personal information may be used by DWISS to contact people with regard to participation in the Program and to receive communications from DWISS. 

 

Referred Customers may notify DWISS if they are not interested in receiving communications from DWISS. 

 

  1. Limited License

Subject to the terms of this Agreement and solely for its purpose, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to use only those of our trademarks and logos that we may make available to you as part of the Referral Links. 

  

All licenses set forth in this Section will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Agreement or otherwise upon termination of this Agreement. In addition, we may terminate the license set forth in this Section in whole or in part upon written notice to you. You will promptly stop using the Referral Links. 

 

Other than as set out expressly herein or in the Terms of Service, neither party will acquire any right, title or interest in any intellectual property rights belonging to the other party or to the other party’s licensors.

 

8. Disclaimers and Limitations on Liability

THE PROGRAM IS BEING PROVIDED BY DWISS 'AS IS' AND 'AS AVAILABLE'. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DWISS DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM 

 

YOU AGREE THAT DWISS WILL NOT BE LIABLE FOR ANY COSTS OR DAMAGES ARISING OUT OF A DISPUTE BETWEEN YOU AND THE REFERRED CUSTOMER, AND YOU HEREBY EXPRESSLY WAIVE ANY SUCH CLAIM AGAINST DWISS AND ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, SUBSIDIARIES, AGENTS AND REPRESENTATIVES. 

  

WE DO NOT MAKE ANY REPRESENTATION, WARRANTY, OR COVENANT REGARDING THE AMOUNT OF REWARDS YOU CAN EXPECT AT ANY TIME IN CONNECTION WITH THE PROGRAM, AND WE WILL NOT BE LIABLE FOR ANY ACTIONS YOU UNDERTAKE BASED ON YOUR EXPECTATIONS. 

 

DWISS DOES NOT MAKE ANY REPRESENTATIONS THAT ACCESS TO ITS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND DWISS ASSUMES NO RESPONSIBILITY FOR ANY DAMAGE CAUSED BY YOUR ACCESS, OR INABILITY TO ACCESS ITS SITE. 

 

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE TO YOU FOR LOST REVENUE, LOST PROFITS, LOST BUSINESS, OR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THIS AGREEMENT OR THE PROGRAM. FURTHER, OUR AGGREGATE LIABILITY TO YOU, UNDER ANY THEORY OF LIABILITY, IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.

 

YOU AGREE TO INDEMNIFY AND HOLD DWISS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY'S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE PROGRAM, THE VIOLATION OF THESE TERMS AND CONDITIONS BY YOU, OR THE INFRINGEMENT BY YOU OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR AS A RESULT OF ANY THREATENING, LIBELOUS, OBSCENE, HARASSING OR OFFENSIVE MATERIAL CONTAINED IN ANY MEMBER COMMUNICATIONS. THIS PROVISION SHALL SURVIVE TERMINATION OF THE RELATIONSHIP BETWEEN PARTICIPANTS AND DWISS. 

  

DWISS and its respective affiliates and subsidiaries shall not be liable for: (i) late, lost, delayed, stolen, misdirected, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind resulting from acceptance, possession or use of a Reward, or from participation in the Program; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Program. DWISS disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other causes beyond DWISS’s control, corrupt the administration, security or proper administration of the Program. 

 

DWISS and its respective affiliates and subsidiaries shall not be liable to any Member for failure to provide any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of DWISS’s and its respective affiliates’ and subsidiaries’ control.

 

  1. Modification

DWISS reserves the right to make changes or additions to these Terms and Conditions for any reason at any time. DWISS reserves the right to cancel or suspend this Program should it determine, in its sole discretion. 

  

IT IS YOUR RESPONSIBILITY TO CHECK THIS PAGE OF THE DWISS WEB SITE REGULARLY TO DETERMINE WHETHER THIS AGREEMENT HAS BEEN MODIFIED.  WE WILL NOT BE RESPONSIBLE IF YOU DO NOT LEARN OF THE MODIFICATION. CONTINUED PARTICIPATION IN THE PROGRAM AFTER SUCH MODIFICATION SHALL BE DEEMED TO BE YOUR ACCEPTANCE OF ANY SUCH MODIFICATION. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT, CEASING YOUR PARTICIPATION IN THE PROGRAM. 

 

10. Term and Termination

The term of this Agreement will begin upon our acceptance of the present Terms and Conditions and will end when terminated by either you or us. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon any termination of this Agreement, all rights and obligations of the parties will be extinguished, except that the rights and obligations of the parties regarding license and liability. If you terminate the Agreement and your earned balance equals or exceeds the Payment Threshold, we will pay you your earned balance within approximately 30 days after the end of the calendar month in which the Agreement is terminated. 

  

Notification of Program termination will be sent to the email address provided to DWISS during the registration process. DWISS will not be responsible for failing to notify you of Program termination where such failure is caused by an inaccurate email address, your failure to check email online, or your failure to inform DWISS of a change in your email address. 

  

Upon any termination of this Agreement, any and all licenses you have will automatically terminate and you will immediately stop using the Referral Links and any other materials provided or made available in connection with the Program. 

  

You may cancel your membership at any time by contacting sales@dwiss.com

 

11. Dispute Resolution

All questions or disputes regarding the Program and this Agreement, including without limitation, questions or disputes regarding eligibility for the Program, or Rewards must be submitted in writing within 90 days of the Qualifying Referral to DWISS (sales@dwiss.com). In the event that an error is made by DWISS your sole remedy shall be the payment of the disputed Reward. 

  

This Agreement shall be governed by and construed in accordance with the laws of Switzerland, without reference to conflicts of law rules. Any disputes, controversies or claims arising out of or in connection with these Terms and Conditions or otherwise in connection with the Program shall be brought exclusively in the courts of the city of Lugano, Switzerland. 

 

12. Miscellaneous

If any part of these Terms and Conditions is found by a court of competent jurisdiction to be invalid, unlawful or unenforceable then such part shall be severed from the remainder of the Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law. DWISS’s failure to enforce any term of these Terms and Conditions shall not constitute a waiver thereof. 

  

You and we are, and will remain at all times, independent contractors, and nothing in this Agreement will be construed to create an agency, employment, fiduciary, representative or any other relationship between you and us. You will not represent yourself to be an employee, representative, or agent of us. You understand and agree that you do not have authority to bind us in any manner, or enter into any agreement or incur any liability on behalf of us. 

  

This Agreement constitutes the entire agreement between you and DWISS with respect to the Affiliate Program. 

  

Created: July, 2018