1. Brief introduction of the service
The europacco.com service provided by OMEST KG (hereinafter referred to as "europacco.com") has developed an affiliate program that enables the insertion of a hyperlink between the europacco.com website, currently at the URL https://www.europacco.com (hereinafter referred to as "europacco.com website") and the website of an affiliate/partner (hereinafter referred to as "partner website"). This hyperlink enables visitors to the partner site to be redirected to the europacco.com site via advertising material such as a link pointing to a page on the europacco.com site and to proceed with booking the shipment of parcels or pallets.
Each of the following terms or expressions, if used here, has the following meaning:
- "Affiliation" means the system that enables the Affiliator to sell its products, services and offers to a network of Affiliates and implies acceptance by the Affiliator of the terms and conditions of the europacco.com Affiliate Program.
- "Affiliate" means the person, whether physical or legal, who advertises the Affiliator’s products or services through a website and both accepts the terms and conditions of the Affiliate Program and redirects all or some of its visitors to the Affiliator’s site via hyperlinks.
- "Affiliator / Operator" means the person, whether physical or legal, who provides Affiliate Sites through the Affiliate Program in order to promote its products, services or offers and redirects all or some of its visitors to the Affiliator's site via hyperlinks. In return, the Affiliator offers the Affiliate a remuneration, the terms and amount of which are based on the terms of the Affiliate Program of the Affiliator. In this case europacco.com is the Affiliator.
- The "Affiliate Program" describes and combines the means that the Affiliator makes available to the Affiliates, such as hyperlinks and advertising material, and the conditions of the Affiliate Program, including the remuneration accepted by the Affiliates.
- "Customer" means any person connected to the Internet who is able to perform operations such as consulting a website, buying or selling products or services online on an Affiliate website.
- "Order" means the action of booking the return of one or more packages and/or pallets on the website www.europacco.com.
3. Liability of europacco.com
- europapacco.com makes no warranties or assurances (whether expressed or implied by law, statute or otherwise) with respect to the Affiliate Program, the site or the content, products or services available on or related to the sites and europapacco. com makes no warranties or assurances that the Operator's website, Affiliate Program, system, network or software will be error-free or uninterrupted or that the quality, merchantability, fitness for a particular purpose or suitability of all or any of the foregoing is warranted. Except as expressly provided in this Agreement, all implied warranties, representations, terms and conditions are excluded to the fullest extent permitted by law. In addition, neither europacco.com (nor europacco.com's suppliers or affiliated resellers) are obliged to maintain redundant systems, networks, software or hardware.
- europacco.com provides the Affiliate with a selection of promotional material, such as logos, banners, graphics and other revenue-generating devices (hereinafter referred to as "marketing material"). Once the marketing material has been published on the Affiliate's website, the Affiliate provides users of the Affiliate's website with direct access to the Operator's website. europacco.com has the right to change or restrict the marketing material and/or to provide new marketing material at any time.
- europacco.com manages the orders generated through the links and the total amount of commissions received through the links, provides online performance statistics to the Affiliate and manages all customer services related to the activity.
4. Liability of the affiliates
- The Affiliate is solely responsible for verifying that the link provided complies with the applicable laws of all relevant jurisdictions that may be affected. The Affiliate shall indemnify and hold europacco.com harmless from and against any and all claims, demands, liabilities, losses, damages, costs and/or expenses arising out of or relating (directly or indirectly) to any violation of any applicable laws.
- Except where written consent is required from europacco.com for the inclusion of graphics or other marketing material that is used outside of europacco.com's marketing tools, in which case written consent from europacco.com is required for the inclusion of such graphics or other marketing material.
- The Affiliate ensures and warrants that the information provided to europacco.com in the online application form is accurate and complete in all material respects. The Affiliate shall promptly update this information if it changes in whole or in part.
- The Affiliate confirms that he operates the Affiliate's website under his own name and that he is fully and unrestrictedly entitled to use it.
- The Affiliate shall bear all costs incurred in implementing the connection. In addition, the Affiliate shall bear the costs of accessing the Affiliate's website and the display and/or delivery of advertising.
- The Affiliate is responsible for the correct technical integration of the link and the technical functioning of the Affiliate's website.
- The Affiliate is responsible for the development, operation and maintenance of the Affiliate's website and for all materials that appear on the Affiliate's website.
- The Affiliate acknowledges and agrees that the Trackers are for the exclusive use of the Affiliate and that the Affiliate may not assign or sub-contract the Tracker ID or any commissions to any third party (as applicable) without the prior written consent of europacco.com.
- The Affiliate guarantees that he has independently evaluated the possibility of marketing the Operator's website and services.
- The Affiliate has independently assessed all laws and regulations applicable to its activities and has confirmed to its full satisfaction that it is able to participate in the europacco.com Affiliate Program without violating any applicable laws or regulations
- The Affiliate understands that he is entering into this Agreement for purposes related to his business and cannot be considered a "consumer" for the purposes of applicable consumer protection legislation.
- The Affiliate may not market the Operator's website(s) and/or the Operator's services or trademarks in any way (unless such activities are approved in writing by europacco.com) (i) on or through a website on which the Operator promotes any of the Operator's websites; (ii) on or through an internet search engine on or through which the Operator promotes any of the Operator's websites; (iii) in any other way that creates competition between the Affiliate and the Operator in relation to the promotion of any of the Operator's websites; or (iv) otherwise if europacco.com requests the Affiliate to cease doing so.
- The Affiliate must ensure that the Affiliate's website does not promote sexually explicit material, is not directed at children or minors, does not promote violence, does not discriminate on the basis of race, sex, religion, nationality, disability, sexual orientation, promotes illegal activities, does not target citizens from restricted areas and does not violate the Operator's intellectual property rights.
- The Affiliate may not, directly or indirectly, authorize, support or encourage third parties to do as follows:
- develop and/or implement marketing and/or public relations strategies that have as their direct or indirect objective the marketing of the Operator's website(s) and/or the Affiliate Tool and are directed at all persons under the age of 18 (or any age required for gambling purposes in the jurisdiction to which the Affiliate is directed), regardless of the age of majority in the country where the Affiliate's marketing is conducted; place marketing materials on an online site or other medium, including the Affiliate's website, if the content and/or material on this site is potentially defamatory, offensive, libelous, discriminatory, obscene, illegal, sexually explicit, pornographic or violent in links to this site or medium, or in the sole discretion of europacco.com, is otherwise inappropriate, undesirable or potentially capable of causing discredit;
- use marketing material in a manner that is likely to cause confusion or mislead in the mind of a customer or potential customer;
- placing marketing materials on any online website or other medium, including the Affiliate's website, if the content and/or material on such online website, links to such website or medium (i) infringes the intellectual property rights of any third party (ii) copies or resembles the Operator's website in whole or in part, (iii) disparages the Operator or otherwise damages the Operator's good faith or reputation in any way, (iv) integrates any page of the Operator's website(s) in whole or in part into the Operator's website(s);
- read, intercept, modify, record, redirect, interpret, or supplement the content of any electronic forms or other materials sent to europacco.com by any other person;
- modify, redirect and/or disrupt the operation or accessibility of the Operator's web site(s) or related sites;
- register as a customer on behalf of any third party, authorize or assist any other person to register as a customer (other than by promoting the Operator's web site and services through this Agreement);
- take any action that may cause confusion among customers with regard to the relationship between europacco.com and the Affiliate and/or third parties, or with regard to the ownership or management of the Operator website or service that is the subject of the functions and operations. Any other disclosure and/or reference to the Operator requires the prior written consent of europacco.com;
- to send, distribute or publish advertisements, messages and/or promotional content promoting the Operator's website, Operator's services, intellectual property rights or trademarks in combination with the presentation of the Operator's website and/or part or all of a page thereof (e.g., but not limited to, any technology or "framing" techniques, pop-up, pop-under or interstitial windows);
- cause the opening of any of the Operator's websites (or parts or pages thereof) in a visitor's browser or any other tool used to access the services, which is not the result of "clicking" on banners or text links contained in marketing materials or parts thereof;
- attempting to intercept or redirect traffic to or from an online site or other location participating in the Affiliate Program (including through software installed by the user);
- use any means to advertise Operator's websites that in any way resemble, in whole or in part, the appearance of any of Operator's websites, or use similar methods or websites to create the impression that they are (or parts of) Operator's websites;
- attempting to communicate with a user directly or indirectly via the Operator's website in order to induce him/her to visit other online sites not owned by the Operator without the prior consent of europacco.com or for any other purpose by any means, including but not limited to e-mail, chat, etc.
If, in the sole discretion of europacco.com, europacco.com believes that the Affiliate has engaged in or attempted to engage in any of the activities described above, the Affiliate will be liable to pay a penalty equal to the amount of any commission accrued in the interim period, except for major damages suffered by the Operator, who may also terminate this Agreement with immediate effect by giving notice.
europacco.com will provide each Affiliate with online reports detailing the packages sold with real money and the commissions payable. europacco.com will provide Affiliates with online access to this information. Should this not be possible at any given time, the Operator will provide the reports by e-mail with the above information. It is assumed that access to the system is not a prerequisite for participation in the Affiliate Program.
6. Terms of payment
The commission is 7% of the value of the shipment forwarded via the Affiliate company's website and may not exceed the maximum amount of ten euros (EUR 10.00). It is calculated once a month (on the last day of a calendar month) and paid by the 15th of the following month.
For the avoidance of doubt, the Affiliate is not entitled to commissions on income from real money that customers did not generate via the Affiliate's URL tracker. In addition, in the case of customers generated by fraudulent traffic (as defined in section 10), payment will not be taken into account for commission purposes if europacco.com, in its sole discretion, deems it appropriate.
The Operator reserves the right to change the Affiliate's commission payment plan for future reference and, if necessary, for (but not limited to) the following reasons (i) non-compliance, (ii) inaction, (iii) illegal activity. Provided that such change is communicated to the Affiliate in the contact e-mail provided.
The Affiliate understands that revenue per user is the amount that the customer pays with real money in return for the package, pallet or document delivery. The conditions can be agreed in the payment plan for a certain period of time. Any customer action reported after the agreed due date is not part of the payment plan. The agreed expiration date starts from the time the user registers under the tracker reported by the Affiliate.
In case of any doubts regarding the use of fraudulent elements with the aim of increasing a commission, the Operator will withhold payment of the above-mentioned commission and also of the follow-up commissions until it is determined that no fraudulent methods have been used. Provided that it is proven that fraudulent methods have been used, the commission will not be paid and the Affiliate Agreement will be terminated with immediate effect.
Commission will be paid to the Affiliate by europacco.com and must be credited, where possible, to the method chosen by the Affiliate within fifteen (15) days of the date the commission is calculated (as set out in section 6 below). However, europacco.com will not be liable for delays due to technical causes and events beyond the reasonable control of the Operator.
The commission can only be paid out if the credit balance has reached a minimum amount of fifty euros (EUR 50.00). All taxes due in connection with all payments to the Member Association always remain the exclusive responsibility of the Affiliate. The Affiliate shall be responsible for compliance with all applicable regulations, for the registration and payment of income tax and similar taxes relating to the Affiliate's income under this Agreement, and for the collection and payment of income tax and social security contributions to the Affiliate's personnel, if the Affiliate has personnel. If value added tax (VAT) or other sales or turnover tax is payable, the Affiliate shall be responsible for compliance with applicable regulations, for tax registration and for the collection and payment of taxes in the country where the services are provided, and the Affiliate acknowledges that the payments it receives shall be considered as VAT, sales or turnover tax.
The Affiliate must comply with all applicable laws and any policies regarding money laundering and/or proceeds of crime reported by europacco.com through the Operator's website or otherwise.
7. Intellectual property
Intellectual property rights are the rights in all present and future patents, trademarks, design rights, service marks, commercial images, trade or company names (including domain names), registered designs, copyrights (including computer software rights), moral rights, database rights, format rights and topography rights (irrespective of the latter, whether all such rights are registered or not, and including applications for registration), know-how, trade secrets and confidentiality rights, and all rights and forms of protection worldwide, which are similar or have similar effect to such rights, for the entire remaining duration of such rights and any renewals and/or renewals thereof, including the words "europacco.com" and/or a logo, trademark, domain name or trade name that contains, may be confused with, or consists of, any trademark of the Operator (or any part thereof) or any other name or trademark owned by the Operator or any third party from time to time.
The Affiliate acknowledges and accepts that all intellectual property rights are and shall remain the exclusive property of the Operator. Further, the Affiliate understands and agrees that it is prohibited to sublet, resell, license and/or distribute to third parties any intellectual property or rights to such property without the prior written consent of europacco.com.
8. Duration and termination
The term of this Agreement shall commence upon acceptance by the Affiliate Company and shall continue until termination in accordance with the terms of this Agreement. Termination shall be by the will and for any reason of either party. For the purposes of termination, communication by e-mail shall be deemed to be a written and immediate form of termination.
Termination by the Affiliate.
The Affiliate may terminate this Agreement immediately without cause upon written notice to [email protected] For clarification: The termination of the Agreement terminates the Member's participation in the Affiliate Program as a whole. Immediately after termination:
- Affiliate shall remove the Operator's marketing material from its websites and disable all links from the Affiliate's websites to the Operator's website.
- All rights and licenses provided/granted to the Affiliate under this Agreement shall terminate immediately.
- europacco.com may, in its sole discretion, leave any tracker open, redirect, or disable any tracker without obligation to pay the Affiliate for any subsequent orders placed by customers.
- The affiliate and europacco.com are released from all obligations and liabilities to the other party that arise or have arisen after the date of termination. Termination does not relieve the Affiliate of any liability arising from any breach of this Agreement that occurred prior to termination.
europacco.com reserves the right to terminate this Agreement if the Affiliate:
- acts fraudulently in accordance with the conditions set out in section 10;
- breaches the obligations of clauses 4 and 7 and the provisions of these terms and conditions.
In addition, europacco.com reserves the right to terminate this Agreement at any time, without cause, by sending an e-mail to the e-mail address provided by the Affiliate upon registration for the Affiliate Program.
In the event of termination, the commission must be calculated up to the date of termination. The Affiliate is only entitled to unpaid and accumulated referral fees that have matured for the Affiliate before the date of termination.
9. Confidentiality guidelines
The Affiliate may receive confidential information from europacco.com, including confidential information relating to marketing plans, marketing concepts, structure, payments and other information relating to Operator's business. This information is confidential to the Operator and is part of the Operator's business secrets. The Affiliate may not, without the prior written consent of europacco.com, disclose any such information, or use it for any purpose other than as set out in this Agreement, except as specifically permitted by law (provided that any such disclosure is only made to the extent necessary).
The Affiliate agrees not to disclose any confidential information to any third party without the prior written consent of europacco.com, or use of such information without the prior written consent of europacco.com, and agrees to use such information only for the purposes set out in this Agreement. The Affiliate's obligations regarding confidential information will survive termination of this Agreement.
europacco.com has the right to terminate this Agreement with immediate effect and to impose a penalty equal to the amount of commission due on the Affiliate, except for liquidated damages in the event that europacco.com becomes aware that one or more of the following fraudulent activities has taken or is about to take place:
- Fraudulent activity by customers includes, but is not limited to fees, incorrect user information, underage users, etc;
- Affiliate fraudulent activities include, but are not limited to: if the Affiliate and the Client have the same IP address and if the Client and the Affiliate are first-degree relatives; if europacco.com has doubts as to the true identity of the Affiliate; and if the Affiliate is unable to provide europacco.com with the necessary documents to securely verify the identity;
- Fraudulent traffic refers to, but is not limited to: new simulated orders, self-referencing, simulated introduction of an order using the Affiliate's tracker ID, duplicate submission of an order already introduced, false submission, acquisition of customers and/or data by illegal means or similar actions, customers generated by the use of illegal measures and invasive marketing systems, spam, creation of false accounts and unauthorized use of third party accounts collusion, multiple registrations from a single e-mail address, successive names or name patterns, multiple registrations from a particular website in a short period of time, registrations from employees or other persons connected with the Affiliate, manipulation of the service or system, changes and modifications to the marketing materials provided, and intellectual property rights. All disputes regarding activities that may or may not be considered fraudulent will be finally resolved and solved by europacco.com, regardless of the damages suffered or not suffered by europacco.com.
If europacco.com has reason to believe that fraudulent activity has occurred in connection with the generation of commissions, europacco.com will notify the Affiliate of the nature of the fraud and the identity of the person responsible for the fraud. The Affiliate must rectify the situation within 72 hours of notification. If the situation cannot be satisfactorily resolved by europacco.com within these 72 hours, europacco.com has the right to terminate the Affiliate Agreement with immediate effect.
All notices relating to this Agreement shall be sent by e-mail as follows: to the Affiliate at the e-mail address provided by the Affiliate on the registration form (or as subsequently updated by the Affiliate in the event of a change) and to europacco.com at [email protected]
Relations between the Parties
There is no exclusivity, partnership, joint venture, employment, agency, or franchise relationship between the Affiliate and europacco.com in this Agreement. Neither party has any authority to bind the other (including by making any representation or warranty, incurring any obligation or responsibility and/or exercising any right or authority) except as expressly provided in this Agreement.
The Affiliate understands and agrees that europacco.com may enter into marketing Agreements with other Affiliates at any time (directly or indirectly) on the same or any other basis as they have with the Affiliate pursuant to this agreement, and that such Affiliates may be similar to, and even compete with, the Affiliate.
The Affiliate may not, without the prior written consent of europacco.com, issue press releases or other public communications relating to this Agreement, the Operator's trademarks or Affiliate's participation in the Affiliate Program, except as required by law or regulation.
Except where the Affiliate has obtained the written consent of europacco.com, the Affiliate may not assign, transfer or otherwise deal with this Agreement or any rights hereunder, or otherwise circumvent this Agreement or any rights herein, or subcontract or purport to subcontract any or all of the Affiliate's obligations under this Agreement. Any purported assignment in violation of this clause shall not confer any rights on the purported assignee.
The exclusive place of jurisdiction for all disputes arising in connection with these terms and conditions is the Court of Bolzano (Italy) and the applicable law is Italian law. However, if europacco.com deems it necessary to take legal action in cases involving cities other than Bolzano, in order to protect its interests and enforce its rights, europacco.com reserves the right to investigate and take appropriate legal action.
Exclusion of waiver by europacco.com
The occurrence of a breach of any provision of this Agreement shall be deemed to constitute exemption from any subsequent breach of this Agreement or any other provision. The Affiliate agrees to defend, indemnify and hold harmless europacco.com and its officers, directors, employees, and agents from and against all claims, demands, liability, losses, damages, costs and expenses (including reasonable legal fees) arising out of or relating (directly or indirectly) to Affiliate's breach of this Agreement.
The obligations of europacco.com under this Agreement do not constitute any personal obligation on the part of the owners, directors, officers, agents, employees, vendors or suppliers of the web site or the service, in addition to the obligations contained herein. Except as expressly provided in this Agreement, in no event will europacco.com be liable for any direct, indirect, incidental, consequential, punitive, special or exemplary damages (whether or not europacco.com has been advised of the possibility of such damages), including loss of business, revenue, profits or data. Any liability of europacco.com arising out of this Agreement, whether in contract, tort or otherwise, will be limited to direct damages and will not exceed the amount of revenue generated by, and payable to, the Affiliate in respect of the Operator's website to which the dispute relates for the 12 months prior to the event giving rise to the liability. However, nothing in this Agreement shall exclude or limit the liability of any party for death or personal injury resulting from the negligence or fraud of that party.
In accordance with articles 1341 and 1342 of the Italian Civil Code, the Affiliate declares that he/she has read, understood and accepted the following clauses of these Terms and Conditions Clauses 4 (liability of the Affiliate), 6 (terms of payment), 8 (duration and termination), 10 (fraud) and 11 (miscellaneous).