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  terms & conditions

§1. Object
§2. Links
§3. Requests and processing of application
§4. Referral Fee
§5. Amount of referral fee
§6. Payment of referral fee
§7. Regulations and setting of price
§8. Restricted license
§9. Guarantee and liability of the affiliate
§10. Relationship between the parties
§11. Restriction of liability
§12. Disclaimer of liability of rarepalmseeds.com
§13. Duration of contract and notice
§14. Effects of termination
§15. Change in conditions of participation
§16. Changes in the contract
§17. Applicable law and place of jurisdiction

§1. Object
• The object of the contract is the placing of electronic advertising on the affiliate's site through rarepalmseeds.com.
• The affiliate receives a fee depending on the success of the advertising. This fee depends on the actual sale of products effected by means of a connection from the advertising feature to rarepalmseeds.com web site. The connection, hereafter referred to as the 'Link', is causal and direct but independent of the affiliate.
• For the purposes of this contract the term 'products' relates to those products which can be obtained through the rarepalmseeds.com web site.
• Services (advice, loan, or similar) are excluded from the referral fee.

§2. Links
• The affiliate set up a connection from his web site to rarepalmseeds.com web site. The affiliate is responsible for the correct technical incorporation of the link onto his site.
• In order to function correctly, the link must be set up as prescribed during the registration process. The HTML code to be used for the link must not be changed.
• A change of URL address of the affiliate's site which forms part of the contract does not constitute a change in this contract, and does not affect the rights and duties of the affiliate as they relate to this contract.
• Responsibility for links: The affiliate has sole responsibility for all links. Links that do not work correctly may prevent visitors from registering on rarepalmseeds.com web site. In this case no fee can be paid.
• The link may not be configured as an automatic connection to rarepalmseeds.com web site (e.g. by means of pop-up windows that appear when loading the affiliate's web site).

§3. Requests and processing of application
• rarepalmseeds.com reserves the right to refuse requests and orders that do not meet the requirements of rarepalmseeds.com.
• rarepalmseeds.com is responsible for the entire processing and implementation of applications.
• At regular intervals (to be determined by rarepalmseeds.com) the affiliate will receive a statement detailing the amount of referral fees obtained.
• The affiliate is responsible for the correctness of contact information.

§4. Referral Fee
• The referral fee is calculated on the basis of published product prices.
• Dispatch costs, processing and collection on delivery charges (COD) etc., are not included in calculation of the fee.
• Only payments received from product orders placed in the customer's shopping basket during a session and subsequently ordered during this session are included.
• Orders received by telephone, fax, letter or in person are not included.
• The term "Session" describes a visit to rarepalmseeds.com web site that has arisen through clicking a special link on the affiliate's site. A session is terminated as soon as the visitor leaves rarepalmseeds.com web site.
• A special link format is used for all links to rarepalmseeds.com. This link format is provided to the affiliate by rarepalmseeds.com and must be installed without changes by the affiliate.
• Link format: The affiliate places a general link on his web site to rarepalmseeds.com homepage (http://www.rarepalmseeds.com). The link format is predefined by rarepalmseeds.com.
rarepalmseeds.com provides the affiliate with graphics, which he may use for the link to rarepalmseeds.com homepage.
• Use of frames or framesets: a link that shows rarepalmseeds.com web site within a frameset on the affiliate's site is not permitted.

§5. Amount of referral fee
• rarepalmseeds.com will pay the affiliate a referral fee of 10% for Small Packet and Bookshop orders and 3% for Wholesale orders according to the above-mentioned conditions.
• The referral fee is limited to a maximum of Euro 20 per order.
• Sales resulting from orders placed by the affiliate for personal use are not included.
• The affiliate agrees not to pass on remuneration fees, neither partly nor wholly, to customers, nor directly or indirectly to reward the placing of orders, not even in the form of other non-cash benefits.

§6. Payment of referral fee
• The remuneration will be calculated half-yearly in December and June.
• Payment will be made by check or seed voucher via e-mail.
• Where the amount of the referral fee is less than Euro 30 or Euro 100 rarepalmseeds.com reserves the right to withhold the amount payable until the total sum reaches the required minimum.
• Form of payment must be selected by affiliate.
• Where a product, which would ordinarily entitle the affiliate to a referral fee, is returned by the customer or is not paid within the specified period, rarepalmseeds.com will deduct the corresponding amount from the following half-year payment.

§7. Regulations and setting of price
• Customers who obtain products via the link are customers of rarepalmseeds.com. An independent contractual relationship is created between customers and rarepalmseeds.com. This relationship is independent of any legal relationship between the affiliate and the customer who visits the affiliate's web site. Therefore only the rules, regulations and business procedures of rarepalmseeds.com are applicable to customers in relation to customer orders, service and sales.
• rarepalmseeds.com may change regulations and business or ordering procedures at any time.
• Product prices and availability may occasionally change. The affiliate may only offer general product information on his site, e.g. name of item, illustration and description.
• There should be no reference on the affiliate's web site to price, size and availability.

§8. Restricted license
• The affiliate may within the affiliation agreement use up to 20 product illustrations from rarepalmseeds.com web site for the design of his own site, in order to designate his site as a "rarepalmseeds.com Affiliate" site. rarepalmseeds.com retains the copyright. It is recommended that the affiliate copies the relevant illustrations to his own web site rather than setting a link to the corresponding rarepalmseeds.com file, as rarepalmseeds.com may change or delete illustrations.
• All pages displaying a rarepalmseeds.com product illustration must contain an easily visible link to rarepalmseeds.com web site close to the illustration.
• All text from rarepalmseeds.com web site (except product names) is protected and may not be used on the affiliate's web site.
• rarepalmseeds.com reserves all rights to its logos, name, brand names and other commercial protection.
• rarepalmseeds.com may give written notice at any time in order to revoke the license granted to the affiliate.

§9. Guarantee and liability of the affiliate
• The affiliate is responsible for the development, running and maintenance of his web site as well as for all material appearing on the site.
• He must take care that:
a) no illegal content, depictions of violence, sexually explicit material, discriminatory, offensive or defamatory statements or depictions with regard to race, sex, religion, nationality, disability, sexual orientation or age appear on his web site.
b) neither the opening nor the content of his web site lead to a confusion with rarepalmseeds.com, rarepalmseeds.com web site or any other web site belonging to rarepalmseeds.com.
c) the content of his web site does not damage the rights of any third parties, particularly with regard to patent, author, brand or other commercially protected rights as well as general personal rights.
• It is the responsibility of the affiliate to ensure that he complies with the above conditions. The affiliate absolves rarepalmseeds.com of any damages or claims from third parties resulting from the failure to meet these requirements.

§10. Relationship between the parties
• Both parties run their own web sites independently of each other and are each responsible their own site with regard to technical matters, content and design. This agreement does not form a company or a partnership or a working relationship or a commercial agency contract between the parties. Neither party is entitled to represent the other nor to accept offers or make statements on the other party's behalf.

§11. Restriction of liability
• With the exception of liability with regard to 9. and 10. of this agreement, the liability of the parties between themselves under this agreement is limited to criminal intent and gross negligence as well as ordinary negligence, where there is a breach of basic contractual obligations. This liability applies equally to employees, representatives and vicarious agents.
• In so far as rarepalmseeds.com may be in breach of a basic contractual obligation, compensation payable will be limited to the damages typically arising.

§12. Disclaimer of liability of rarepalmseeds.com
• rarepalmseeds.com offers no guarantee or undertaking with regard to its web site or products sold through its web site.
• Furthermore rarepalmseeds.com does not guarantee that its web site will operate without interruption or fault; rarepalmseeds.com accepts no liability for the consequences of any interruptions or faults.

§13. Duration of contract and notice
• This agreement is indefinite and may be properly terminated at any time with seven days notice.
• The agreement may be terminated by extraordinary notice where there is an important reason.
Important reasons are e.g., breach of basic conditions of the agreement, an important change in the participant's or business management's situation with respect to one of the parties.
• Where there is an unusually high burden on rarepalmseeds.com server, which can potentially arise through unusually frequent banner insertion on the affiliate's site, rarepalmseeds.com may extraordinarily terminate the agreement without a notice period.
• The affiliate should give notice online in the affiliate area, by e-mail, fax or post.

§14. Effects of termination
• All rights to use illustrations, information and other material provided and granted to the affiliate by rarepalmseeds.com under this agreement become void at the termination of the contract.
• The affiliate will make all the technical arrangements to ensure that no link whatsoever remains between his own site and that of rarepalmseeds.com at the end of this agreement.
• Any claim of the affiliate to referral fees for the sale of products can only cover the period of the agreement.
• Any referral fees incurred before the end of the agreement will remain owed, unless the corresponding orders are cancelled or remain unpaid.
• rarepalmseeds.com is entitled to withhold the final payment to the affiliate for a suitable period, this being at least 30 days from the end of the current quarterly period, in order to ensure that the correct amount is paid.
• Claims for compensation in connection with the termination of this agreement are not permitted.
• Any conditions of this contract which, by their nature, remain valid after the termination of the contract shall remain in force.

§15. Change in conditions of participation
• rarepalmseeds.com reserves the right to change the conditions of participation during the contract period where there are cogent reasons for doing so (change in legal requirements or market conditions, etc).
• rarepalmseeds.com will inform affiliates of any change in conditions of participation by e-mail. The affiliate will be able to see the updated conditions.
• The affiliate is entitled to reject the changes. Where rarepalmseeds.com does not receive notice of such rejection from the affiliate within 14 days of publication of the changes in conditions of participation, it is assumed that the changes have been accepted by the affiliate, and they will be incorporated into the existing contractual relationship.

§16. Changes in the contract
• This agreement sets out definitively the content of the contractual agreements between the parties and replaces any previous agreements between the parties with regard to the object of the contract.
• Related agreements, including oral agreements, are not affected. Changes or additions to this agreement must be made in writing. Any waiving of this last requirement must also be made in writing.

§17. Applicable law and place of jurisdiction
• German law is applicable.
• The sole place of jurisdiction is Munich, Germany.

Last revised: 18.11.2004

   
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