Affiliate Programme Terms and Conditions

Below you will find an overview of our Affiliate programme partnership conditions. We ask you to carefully read these conditions. By signing up for our affiliate partner programme you accept these terms and conditions.

Content:

Article 1 – Definitions
Article 2 – Registration and acceptance
Article 3 – Usage
Article 4 – Commision
Article 5 – Payment
Article 6 – Ending studio-koekoek partnership
Article 7 – Consequences of ending studio-koekoek partnership
Article 8 – Liability
Article 9 – Other
Article 10 – Applicable Law

Article 1: Definitions

Articles: All products offered on our platform
Platform: Www.studio-koekoek.com, and related applications.
“Studio-Koekoek” or “Koekoek”: The company Studio-Koekoek registered under KVK number 59812478 in Amsterdam.
Studio-Koekoek brands: Koekoek’s logo and brand images.
Content: A part of our platform that we share with affiliates (e.g. text, pictures, reviews, downloads etc. ) for the purposse of this affiliate programme.
Cookie duration: The setting by Studio-Koekoek of the First party cookie which determines how long (time) the cookie stays active on the computer of the customer.
First party cookie: A small (text) file, which will be placed on the website of the customer as a consequence of visiting the Platform via the Partnerlink, containing all relevant information.
Customer: Every user of the partnersite whom connect to the Platform using the Partnerlink and as such can buy products from Studio-Koekoek.
Last Cookie Counts: The principle in which any sale will be linked to the last marketingchannel via which the customer got access to the Platform.
Partner: Every person with age 18+ or legal entities which accepted the terms and conditions of Koekoek’s Partnerprogramme and has been accepted as Partner by Studio Koekoek to provide customers access to the Platform via her/his Partnerlink(s).
Partnerlink: An electronical link to the Platform which the partner has received from Studio Koekoek, in which his/her SIDE ID is included, and which the partner publishes on the internet.
Partnersite: A, by the Partner developed website or web applications in which you can find at least one Partnerlink, which the Partner uses to publish Content. For every user ready website or web application a unique SIDE ID has to be requested.
SIDE_ID: The indificationnumber inluded in the Partnerlink. Every Partnerside has a unique Side ID.

Article 2 – Registration and acceptance

2.1. Everybody from eighteen (18) years or older, owning a Partnersite can sign up as partner for Studio Koekoek

2.2. Registration as Studio-Koekoek partner, includes acceptance of the Affiliate programme terms and conditions, and the obligation to oby to these conditions.

2.3. To sign up as partner, the partner has to:

a. have filled in the registration form completely and truthfully;
b. confirm that the Partner Program conditions are accepted by clicking on the “accept” button in the registration form.
c. be accepted as a Partner by Studio-Koekoek.

2.4. Studio Koekoek will inform you in principle within seven (7) days after receipt of the fully completed registration form whether Studio Koekoek accepts or declines your registration as affiliate partner for Studio Koekoek.

2.5. Studio-Koekoek can refuse a registration without giving reasons and at any time. If Studio-Koekoek refuses a registration, no commission will be paid for the period prior to the refusal and thereafter

2.6. Studio-Koekoek will refuse an application in any case if the Partnersite:

a. has a sexual, pornographic, offensive and / or violent nature;
b. is in any way contrary to public order and / or good morals;
c. discriminates according to race, gender, religion and / or belief;
d. aims to promote discounts / promotions / coupon codes;
e. has a loyalty or economic nature or cash back construction;
f. engages or promotes illegal activities;
g. may damage the good name and reputation of Studio Koekoek;
h. infringes or allows for the possibility of intellectual property rights, trademark rights or other rights of Studio Koekoek or any third party;
i. includes the name of Studio Koekoek or variations thereof in the domain name;
j. does not have (own) content.
k. already has an account.

Whether or not there is one or more of these circumstances is exclusively at the discretion of Studio Koekoek

Article 3: Usage

3.1. The Partnersite may in no way give the public the impression that it is from Studio Koekoek or has been developed by Studio Koekoek. It should also be unambiguously clear that Studio Koekoek in no way has control over and is responsible for the Partnersite. The Partner will not allow any misunderstanding that the Articles promoted through the Partnership are not sold by the Partner, but via Studio Koekoek.

3.2. The partner only obtains the non-exclusive, non-transferable right to use the Studio Koekoek Brands and the Content during the term and in accordance with the Affiliate Program conditions exclusively for the benefit of the Studio Koekoek affiliate partner program. In doing so, the Partner will immediately follow all possible instructions given by Studio Koekoek from time to time. Partner will not make any changes to the appearance of Koekoek’s Brands, the Content and / or the Articles and will never use or allow this use to be exercised in a misleading manner.

The Partner acknowledges that:

a. all intellectual property rights, including but not limited to the Studio Koekoek Brands and the Content are and remain the property of Studio Koekoek; and
b. all intellectual property rights relating to the Articles are and remain the property of the relevant rightholders.

Notwithstanding the provisions of this article, the Partner will always fully respect the intellectual property rights and all other exclusive rights of Studio Koekoek and third parties.

3.3. The Partner may not use the Studio Koekoek Brands or corresponding signs as naming the Partner Site or specify it as a keyword for advertising programs – such as but not limited to Google Adwords within search engines and other online platforms.

3.4. The Partner will only use the Content for the Studio Koekoek Partner Program and will not make any changes to it.

3.5. The prices of the Articles in the Environment can change regularly. The Partner will ensure that the prices / availability of the Items that (possibly) are listed on the Partnersite, are updated each time so that they are in accordance with the prices / delivery time as mentioned from time to time in the Environment. We advise to avoid providing article prices on the Partnersite.

3.6. With due observance of Article 8.1, the Partner will refrain from any action or omission that may cause Studio Koekoek and / or the Partner to violate applicable laws and regulations.

3.7. When a Partner is accepted within the Affiliate Program, it is not permitted the content of the Partner Site in which the Partner publishes a partner link, is changed in such a way that the Partner Site:

a. gets a sexual, pornographic or violent character;
b. becomes in any way contrary to public order and / or good morals;
c. discriminates according to race, gender, religion or belief;
d. aims to promote discounts / promotions / coupon codes;
e. get a loyalty- or economy-like character or cash back construction;
f. engages or promotes illegal activities;
g. may damage the good name and reputation of Studio Koekoek;
h. violate intellectual property rights, trademark rights or other rights of Studio Koekoek or any third party;
i. includes the name of Studio Koekoek or variations thereof in the domain name;
j. does not have (own) content;
k. gets a different purpose then provided at the time of acceptance.

3.8. The Partner is not permitted to use his Partner Link other than on the Partner Sites included in his account.

3.9. The Partner will at all times act in accordance with all guidelines and instructions of Studio Koekoek regarding the installation and / or use of the Partner Link as well as regarding the Content.

3.10. If the Environment in any way – as determined at sole descretion by Studio Koekoek – is inconvenienced by the installation and / or use of the Partner link, Studio Koekoek is entitled to block the Partner link and / or the Partner account.

3.11. The Partner is not allowed to:

a. directly or indirectly order Articles via his / her Partner link (s) from Studio Koekoek solely for personal use;
b. to advertise and / or grant discounts on Items if this is not permitted under applicable laws and regulations;
c. promote Studio Koekoek on websites, web applications or otherwise that are not registered in the Partner Account;
d. Sell or otherwise transfer partner site (s) within the account without mentioning this at Studio Koekoek;
e. to try to intercept visits to the Environment in any way (including via software which the Customer has deliberately or unconsciously installed on his own computer) in order to obtain unlawful commission;
f. to show the Environment on the Partnersite by means of an iFrame / framing;
g. Adding advertising programs and / or display networks, such as but not limited to Google Adwords, within search engines and other online platforms with the intention of sending visitors directly from the search engine to the Environment.

If there is a situation as referred to in article 3.13 c or d, the Partnersite will have to be registered again via www.Studio-Koekoek.com/affiliate-home and article 2 will apply accordingly.

3.12. A Partner must at all times be able to provide insight into his or her activities at the request of Studio Koekoek regarding the promotion of Studio Koekoek. If this insight can not be given or is in conflict with these Partner Program conditions, Studio Koekoek is entitled to block the Partner Account.

3.13. Partner indemnifies Studio Koekoek completely for all damage and / or costs of any kind whatsoever arising from the non-fulfillment of one or more obligations of this article 3.

3.14. At the first request of Studio Koekoek, the Partner will immediately remove and / or modify (certain) Content. If a third party addresses the Partner for alleged infringement of his / her rights, the Partner will immediately remove the relevant Content and immediately inform Studio Koekoek of this via the email address affliate@Studio-Koekoek.com. Studio Koekoek does not guarantee the accuracy of the Content.

Article 4 : Commission

4.1. The registration by Studio Koekoek of the impressions, clicks, sales and receipts via the Affliate Program website https://www.Studio-Koekoek.com/affiliate-home is binding for Studio Koekoek and the Partner.

4.2. Studio Koekoek measures the sales of all Products by the Customer with the aid of a First Party Cookie. The First Party Cookie generally has a Cookie duration of 5 days. However, Studio Koekoek reserves the right to change the Cookie duration and to maintain different Cookie durations with Partners.

4.3. The Partner can claim commission for all Items purchased by a Customer at Studio Koekoek immediately after clicking on the Partner link or within the First Party Cookie duration, where the Last Cookie Counts principle applies and the Customer has met the (payment) obligations in respect of these Articles to Studio Koekoek, Studio Koekoek actually received the relevant payment and the return and review period of 30 days after receipt has expired without exchange of the Items.

4.4. If the Customer returns the Items and/or payment is canceled for whatever reason, the Partner can no longer make a claim on the relevant commission and the pending commission is rejected in the Affiliate Program. In case the commision has already been received by the partner, the partner must repay this to Studio Koekoek.

4.5. The commission is calculated on the net sales value actually received by Studio Koekoek per product group of the non-exchanged Items (net = excluding VAT and shipping costs) after the end of the period. The commission model included on the website is always the most recent version, which is binding for the Partner.

4.6.Commission will not be awarded to wholesale orders or orders from a business account at Studio Koekoek.

5. Payment

5.1. Payment of the approved commission by Studio Koekoek or a third party designated by Studio Koekoek to the Partner will take place at the end of each calendar month on the PayPal e-mail account that the Partner has indicated in his Partner Account and as such is registered with Studio Koekoek.

5.2. Commission amounts of less than € 20.00 (in words: twenty euros) are not paid monthly. If the commission is less than € 20.00 in one month (in words: twenty euros), no payment will be made in the relevant month and the commission will be saved. Payment will be made in the month in which the total amount is € 20.00 (in words: twenty euros) or more.

5.3. All payment costs, with the exception of the administration costs of Studio Koekoek, are for the account of the Partner.

5.4. Studio Koekoek is at all times entitled to settle what it owes to the Partner with any amount that Studio Koekoek for whatever reason has to claim from the Partner.

Article 6: Termination of the Affliate partnership

6.1. Studio Koekoek is entitled at any time – without stating reasons – to terminate the partnership under this Affliate Program by e-mail, subject to a notice period of two (2) weeks.

6.2. Without prejudice to its other rights, Studio Koekoek is entitled to terminate the partnership under this Partner Program with immediate effect by e-mail in case:

a. the Partner is wholly or partially deficient in the fulfillment of one or more of his / her obligations under the Affiliate Programme conditions;
b. the site of the Partner may, in the opinion of Studio Koekoek, conflict with public order or good morals or in one way or another may be offensive;
c. Studio Koekoek could suffer damage in one way or another;
d. the Partner acts unlawfully in the context of the Partner Program towards Studio Koekoek and / or third parties, such as authors, publishers, producers, performing artists.

6.3. The Partner may at any time – without stating reasons – terminate his partnership by sending an e-mail from the e-mail address provided by his / her address to affliate @ Studio-Koekoek.com.

6.4. The partnership under this Partner Program conditions ends immediately and automatically in case:

a. the Partner has made the Partner Link inactive;
b. the Partner Program has been discontinued for whatever reason.

Article 7: Consequences of ending the affiliate partnership

7.1. If the Partnership, for whatever reason, has ended:

a. the existing Partner Link (s) must be made inactive immediately;
b. Studio Koekoek is entitled to block the access of the Partner to https://www.Studio-Koekoek.com/affiliate-home
c. the Partner can not (no longer) make a claim on commission, without prejudice to the provisions in Article 7.2;
d. the Partner will immediately remove the Content from the Partner Site;
e. the Partner is no longer entitled to use the Studio Koekoek Brands, the Content and the Articles of the Environment;
f. the Partner will immediately remove the Content from his / her Partnersite and / or from his / her local database on penalty of a penalty of € 1,000 (thousand euro) per day that the Content is still displayed on the Partnersite despite termination.

7.2. Only in the event that the partnership under these Partner Program conditions has been terminated in accordance with article 6.1, article 6.3 and / or article 9.4, the Partner will still be entitled to payment of commission in respect of the sale of the Articles of which the money is paid and have been received by Studio Koekoek before the termination date, in accordance with the provisions of Article 4 and Article 5 (with undiminished the fact that the commission will not be paid if it is less than € 20.00).

7.3. Without prejudice to the provisions in Article 3.13, 7.1, 7.2, 8 and Article 9.1, Studio Koekoek and the Partner will not be entitled to any compensation by the other party in connection with the termination of the partnership under this Partner Program terms and conditions. waiver of any right to any (damage) compensation.

Article 8. Liability

8.1. The Partner is fully responsible and liable for his / her use, the development and maintenance, functioning and content of the Partnersite. The Partner guarantees that all obligations under the tax legislation are complied with and indemnifies Studio Koekoek against all claims and / or costs / penalties / additional charges in this regard. In his activities under this agreement, the Partner confirms to fully comply with all applicable privacy laws and regulations, including the Personal Data Protection Act, and indemnifies Studio Koekoek for all damage and / or costs of any kind in this respect.

8.2. Unless there is intent and / or gross negligence of Studio Koekoek, Studio Koekoek is in no way liable for damage and / or costs of any nature of the Partner in connection with participation in the Affliate Program, such as – but not limited to – damage and costs resulting from the improper functioning of the Environment, technical malfunctions, etc. In case this general exclusion of liability is annulled by a competent court, the parties hereby already agree that Studio Koekoek in that case will only be liable for direct demonstrable damage / costs incurred / suffered (with the exclusion of consequences / indirect damage / costs) and this liability for these direct damages / costs will in total never exceed the amount of commissions Studio Koekoek com has paid to the Partner during the three (3) months prior to the cause of the damage / costs.

Article 9: Other

9.1. The Partner will never act as an agent or representative of Studio Koekoek and in particular will not make any commitments or obligations for or on behalf of Studio Koekoek. the Partner indemnifies Studio Koekoek completely for all damage and / or costs of any kind whatsoever arising from the non-compliance with this article.

9.2. The Partner is not entitled to transfer (part of) his / her partnership to a third party, unless Studio Koekoek has given its written permission for this.

9.3. Studio Koekoek is at all times entitled to change the Affilitae Program conditions. The Partner will be informed electronically about this.

9.4. In case the changed Affiliate Program conditions are not acceptable to the Partner, the Partner is entitled to terminate the partnership within 14 days. If the Partner does not terminate the partnership, the Partner is deemed to have accepted the amended Affliate Program terms and conditions.

9.5. If any provision of this Affiliate Program conditions should be in conflict with applicable law, this provision will be amended so that it will be in accordance with the applicable law with due regard to the scope of the relevant provision.

Article 10: Applicable law

10.1. The Affiliate Program conditions and the partnership are exclusively governed by Dutch law and disputes will be submitted to a competent Dutch court in the Netherlands.