Terms and Conditions of Affiliation
1. Affiliation Program
The Affiliation Program is an agreement between Blomming and a third party called Promoter, in the measure by which the Promoter puts at the disposal of Sellers a virtual space (on a website, blog, social network page etc. by these activated) for the commercialization of services and products of the Sellers in question. By Promoter it is referring to the person, physical or legal that, as established in this Affiliation Program, accepts entirely the conditions of this agreement (as well as having accepted by registering with Blomming their Terms of Service) and activates the Affiliation program. By Affiliation Account what is intended is that all links activated with the named service and, as a single and non exhaustive example, their personal website in which connections will be inserted to the virtual shop of the Seller on Blomming's online platform ie personal accounts activated on various social networks (such as Facebook, twitter, interest, etc.). By Seller what is intended is the legal or physical person that, registered on Blomming, sells their products and or services through a use of the Blomming platform (from hence forth defined as Sellers).
2. Adherence to the Affiliation Program
2.1 To adhere to Blomming's affiliation program, the Promoter must register on the website of the former and provide personal/company details necessary for the Affiliation to be activated, which are also those necessary for the collection of the obtained gains. The Affiliation request and the adherence to the agreement are completely free and do not include any cost on behalf of the Promoter. Blomming will evaluate demands of affiliation, withholding the right to accept or refuse these demands. The affiliation is non transferrable. The Promoter when registering is adhering to all the conditions stated in this agreement ('Affiliation Program')
2.2 Requests for Affiliation Accounts will not be granted if they are relating to obscene and/or pornographic material; they promote discrimination of race, sex, religion, age and sexual orientation; violate royalty rights and/or violate the right of ownership; promote illegal activities of any kind; are in any way detrimental to the image of Blomming. In this way Blomming reserves the right to revoke, at any moment, the Affiliation agreement, in the case in which the agreed terms of Affiliation are not respected and to undertake legal routes, in the cases in which there are the conditions for this course.
2.3 The Promoter garuntees a full truthfulness and completeness of the details provided during registration and activation of the service. In the case in which certain details are modified following a registration and activation of the service these have to be modified and updated promptly by the Promoter on the Blomming interface.
3. Modes of Operation
3.1 Any connections (links) can be created through banners or hyperlinks or other promotional forms of the Promoter. The choice of type and quantity of connections is at the complete discretion of the Promoter. The Promoter is completely responsible for the development, management and maintenance of his/her website and all the element used for its realization. As Blomming does not control the Affiliation Account it does not have any responsibility over any damages and expenses derived from the development, management, maintenance and content of the Account. Blomming does not take responsibility for any mistakes in the descriptions of products and/or services as well as the Promoter using without the due authorization texts, citations, photographs and any other audiovisual material that is under royalty rights.
3.2 As the present agreement is of indefinite longevity the Promoter can, at any time and without the need to supply reasons, decide to interrupt the agreement. It will be sufficient to communicate this desire via e-mail. The gains made up to that moment will be payed according to the terms presented in this Affiliation Program at point 4
3.3 Blomming will monitor and register commercial transactions made through the present service ('Tracking') putting at the disposal of the Promoter a list of transactions with positive outcomes, as better describe in point 4.2, to the ends of calculating the commission owed to the Promoter. Blomming's Tracking procedure is the only way through which the validity and effectiveness of the commercial transaction and that therefore determines the right to a commission on behalf of the Promoter.
4. Commission and Criterion for Liquidation
4.1 By Adhering to the Affiliation Program compensation is recognized for every purchase with a positive outcome that is made by a visitor coming from the Affiliation Account of the Promoter according to the conditions and mode of the present Affiliation Program.
4.2 The promoter is recognized a compensation on the sale of products and services of the Seller that satisfy the following criteria:
- They arrive at the blooming website through connections present in the Affiliation Account;
- The commercial transaction is verified by Blomming (trough Tracking);
- The order is completed and therefore the goods are delivered and the services provided with the complete satisfaction of the Buyer and furthermore the transaction between Seller and Buyer needs to be considered completed and valid.
4.4 At the end of each month of referral Blomming will calculate all the compensation gained by the Promoter through the present agreement and therefore, within 30 days successive to this, will communicate the import gained by the Promoter which will have to be in excess of at least €50.00.
4.5 Once this communication is received, the Promoter will have to send, there where it is obligated by the law (more information here), to Blomming an official receipt, bill or equivalent document. In the case in which the Promoter has an obligation to send a fiscal document, this will constitute a condition of payment for the compensation gained.
4.6 Within the following 15 days Blomming will pay the official receipt or the bill received directly on the PayPal account specified by the Promoter without the implementing of any charge on the Promoter and without any interest being payed by Blomming.
4.7 In the case of the total sum gained being less than €50.00 these will be withheld and will not be communicated until in the following months. If the sum of the compensation gained does not pass €50.00 or until the end of the Affiliation Program.
4.8 The details of the compensation gained are available and consultable by the Promoter on their Blomming account through a restricted access with a summary of the imports gained and details of the articles sold.
4.9 In the case of purchases being made through the Affiliated website and subsequently the Promoter recedes from the program of Affiliation and that there are compensation gains inferior to €50.00 the Promoter will be paid that which he is owed for his services with a subtraction of €5.00 for administration costs. Nothing will be paid if at the moment of recession the Promoter has gained compensation inferior to €5.00.
5. Returns and Cancellations
If a sale, made through the Affiliation Account, is annulled or the goods returned in a subsequent moment to having received compensation for that product or service the said compensation will be detracted from successive payments or in the case that there are no further payments, Blomming will proceed to charge the promoter for the amounts already appropriated by the latter.
As established by the Terms of Service the Promoter is the only one responsible for his conduct and the activities undertaken on Blomming relative to the Blomming platform and of any details, texts, information, username, layout, image, photograph, profile, audio, video, article and link (in summary, 'Content') that is presented, posted and visualized on Blomming.
During use of the services and tools of Blomming it is severly prohibited to:
- a) Violate any laws, third party rights or our policies, such as the Prohibited and Restricted items policies;
- b) Use our sites, services, or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools;
- c) Circumvent or manipulate our fee structure, the billing process, or fees owed to Blomming;
- d) Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
- e) Take any action that may undermine feedback or ratings systems;
- f) Distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- g) Distribute viruses or any other technologies that may harm Blomming, or the interests or property of Blomming users;
- h) Export or re-export any Blomming tools;
- i) Copy, modify, or distribute rights or content from the Blomming sites, service, or tools or Blomming's copyrights and trademarks;
- j) Harvest or otherwise collect information about users, including email addresses, without their consent;
- k) Access, tamper with, or use non-public areas of the Services, Blomming computer systems, or the technical delivery systems of Blomming's providers;
- l) Probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- m) Access or search or attempt to access or search the Services by any means (automated or otherwise) other than through our currently available, published interfaces that is provided by Blomming (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Blomming;
- n) Interfere with, or disrupt, (or attempt to do so), the proper working of the sites, services, tools, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Services, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Services;
- o) Take any action that imposes (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- p) Use the internal messaging system between buyer and seller for any purpose other than those strictly related to the purchase of products or the acquisition of information relating to products for sale (including but not limited to: contacting vendors to sell spaces for exhibition or inviting them to view, buy or sell on platforms other than Blomming);
7. Interruption of the service
7.1 Blomming makes every effort to maintain their website and therefore the services offered perfectly functional, unless because of extenuating circumstances, interruptions down to maintenance work, both ordinary and extraordinary. In these cases Blomming cannot be held responsible for any consequences caused by the interruption.
7.2 Regarding maintenance and improvements of the service Blomming can at their discretion improve, amplify or modify single applications. This could temporarily interrupt some functions of the service which are as of now accepted as Blomming having no responsibility for said changes which are fisiological to the development and improvement of the Affiliation program.
8. Duration of the Affiliation Program
This agreement runs from the date of registration of the Promoter and is valid indefinitely. The Promoter has the right, at any moment and without the need to provide an explanation, to leave the agreement. It is sufficient that he communicate via e-mail, at the address [email protected] The compensation gained up to that point will be paid according to the mode present and specified at point 4.
9. Changes to the Affiliation Program
Blomming reserves every right to modify the Terms and Conditions of this agreement giving due notice to the Promoter and putting online on their website the text of the new agreement and the effect of the new terms; if the Promoter does not wish to accept these changes he must communicate this to Blomming via e-mail at [email protected], and the present agreement will be regarded as void. In case of no communication being received from the Promoter Blomming will regard the changes to the terms as accepted by the former.
11. Final Dispositions
11.1 The rights and obligations born of the Promoter by the present agreement are not transferrable to third parties without the express authorization by Blomming.
11.2 The present affiliation program does not constitute other than an agreement for the presentation of services and as such it is expressly recognized that the present pact does not create a company as well as a relationship of working collaboration between Blomming and the Promoter or agency relationships, brokerage or business procurement.
11.3 This Agreement shall be governed exclusively by Italian law.
11.4 In the case in which single clauses of the present affiliation program are not regarded as valid as a whole or in part, the remaining part of the agreement remains valid.
13. Area of Jurisdiction
For any controversy relative to the present agreement this will be regulated by the Court of Milan.
Blomming realized and provided by Blomming Srl, VAT number IT07199240966. If you want to contact us use the following information:
E-Mail: info AT blomming.com
Address: Via Carloforte 60, 09123 Cagliari (ITALIA).