PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MUNTSTUK.COM
Your participation in the Affiliate Program is conditioned on your acceptance of these Terms of Service and all terms, conditions, and notices contained herein.
Please read the Terms of Service carefully. If you do not want to agree to these Terms of Service, you must not participate in the Affiliate Program.
1.1 To participate in the Affiliate Program, you must apply for an Affiliate Signup. We reserves the right, in its sole discretion, to accept or reject any application for membership in the Affiliate Program for any reason. Affiliates must be at least 18 years old to participate in the Affiliate Program.
1.2 This Agreement contains the complete terms and conditions that apply to you when becoming an affiliate in Affiliate Program. The purpose of this Agreement is to allow linking between your web site and our web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Muntstuk.com, and “you,” “your,” and “yours” refer to you as our Affiliate Partner.
1.3 We may refuse and/or not accept any applicant at our sole discretion. To complete however your participation as a member to our Affiliate Program you must complete registration to our Platform. The above application and registration as a member to our Platform are necessary even if you don’t make use of our services, solely to be able to become our Affiliate Partner and participate to our Affiliate Program.
You will receive a commission for Qualified Referrals to us. The percentage of the commission may change at any time and without notice and vary depending on the product and volume.
"Qualified Referrals" mean customers referred by you to us, who:
(1) Click on your unique tracking link;
(2) within Thirty (30) days of clicking on your unique tracking link, successfully purchase, as a buyer any particular product from us;
(3) maintain an active account with us for a minimum of thirty-one (31) days.
Affiliates who share the same personal/company details, including but not limited to, last name, email address, IP address, website details, or commission payment details, as their referred customer will be deemed to have made a “Self-Referral.” Referral commission and any earnings associated with this type of “Self-Referral” will not be paid. We will determine the classification of any referral as a “Self-Referral.”
Referrals made to current Muntstuk.com customers will be considered “Current Customer Referrals" and referral commission and any earnings associated with Current Customer Referrals will begin accruing after the referral was made. You will not receive a referral commission for a Current Customer Referral for any payments the customer made to us, before the referral. We will at our discretion, determine the classification of any referral as a “Current Customer Referral.”
3. WHO HAS THE RIGHT TO PARTICIPATE AS AN AFFILIATE - RELATIONSHIP AND OBLIGATIONS
3.1 To participate in our Affiliate Program, you declare that:
a) You are either a legal entity (business) that has been lawfully registered in your jurisdiction and that owns lawful tax credentials in your jurisdiction and can issue lawful invoicing documents or a natural person who owns lawful tax credential in your jurisdiction. In both cases, you should have full contracting and legal capacity. You bear the responsibility to declare whether you act on behalf of a business or a natural person.
b) Your business or yourself (if natural person) is the owner or has the lawful license to operate the website that will participate in our Affiliate Program
c) If a business you act as the legal representative and/or have the legal power to represent the business that will participate in our Affiliate Program
d) Your website is not a parked domain nor a webpage without any content (or with any unlawful content) and/or does not contain (nor shall it contain in the future) any of the forbidden content and activities referred to in the present TCs
3.2 To begin the enrolment process, you will complete and submit the online application on our Platform. The fact that we auto-approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion or terminate any time in the future. By submitting your application to us you lawfully declare that:
a) All the data in your application are true and accurate and correspond to you, your business and your website
b) You have read, understood and accepted the present terms and conditions (otherwise you must refrain from applying)
3.3 You acknowledge that all the above representations (in articles 2.1. and 2.2.) are an absolute prerequisite for your participation to our Affiliate Program. In case that any of the above is untrue, false or inaccurate, we shall have the right to terminate and ban you from our Affiliate Program for cause (in this case no commission will be payable to you and/or we reserve the right to exercise any further claim we might have against you)
3.4 We may refuse your application and/or terminate and ban you from the Affiliate Program for cause as described previously in article 2.3 if we find out, or have reasonable indications that your site is unsuitable for our Program, including (but not limited to) if it:
i) Promotes and or contains sexually explicit materials and/or content
ii) Promotes violence and/or terrorism
iii) Infringes any rights of children or minors
iv). Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
v) Promotes, incorporates, and/or contains illegal activities and/or content of any type
vi) Incorporates any materials or procedures which infringe (or are likely to infringe) or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
vii) Includes “C” or variations or misspellings thereof in its domain name. The affiliates should not use the word “scam” or similar negative words, for negative publicity.
viii) Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
ix) Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
x) You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor designs your website in a manner which leads customers to believe you are and/or you have any association with (other than the co-operation described in the present TCs) Muntstuk.com or any other affiliated business.
3.5 As soon as we accept your application you will create an Account Profile with the use of your unique username and password. You should keep safe and secret your password at all times and to inform us in case of loss, disclosure or unauthorized use of your password and/or your Account Profile. Any act or omission in the Platform with the use of your unique username and your secret password will be interpreted as your action or omission. Through your Account Platform, you will have access to the Affiliate Account Manager. Here you will be able to review our Program’s details, download HTML code (that provides the links to web pages within our web site) and banner creatives, browse and get tracking codes for our platform. For us to accurately keep track of all guest visits from your site to yours, you must use the HTML code that we provide for each banner, text link, or other affiliate links we provide you with otherwise we cannot guarantee that the Affiliate Program will run correctly without errors.
3.6 We reserve the right to create the banners at our sole discretion and to add, remove or replace content at any time. Also, we reserves the right, at any time, to review your placement and approve the use of your Links as well as require that you change the placement or use and/or comply with the guidelines provided to you. The maintenance and update of your site will be your responsibility. It is also entirely your responsibility to follow all applicable intellectual property, consumer protection, data protection (as further analysed in articles 6-8 below) as well as any other laws that pertain to your website and your business. You understand and acknowledge that we are and remain throughout the term of our Affiliate Partnership two distinct and separate business entities, each one of which is responsible for its own business and ventures and we have no other association or co-operation but the one related to the present Affiliate Program. Also, if you are a natural person no employment or other work relationship is established between us.
3.7 We have the right (but we are under no obligation) to monitor your website at any time to determine if you are compliant to the terms and conditions of the present Agreement as well as to make sure that the links and references to our website are corresponding and are appropriate to our Affiliate Program. In this context you agree that we may notify you, at our sole discretion, of any changes we think appropriate (or necessary) for your website and to the links and/or references you make to us. If you do not abide by our requests with the timeframe set, we reserve the right to terminate your participation in the Muntstuk.com Affiliate Program under the terms of article 3 below.
3.8 We reserve the right to assign part (or the whole of) the present Agreement and Program to any third party who works with us for the execution of our Affiliate Program. Also, we can use any third party as our subcontractor for the execution of any (or all) processes and/or operations related to our Affiliate Program.
3.9 In case that you breach any of the above warranties (contained in the present article 2), notwithstanding any other rights and/or claims we might have against you, you shall indemnify and hold us harmless against any actions, claims, demands for any damage or loss, costs, charges, proceedings and expenses (including legal fees), arising out of or in connection with, or incurred because of any infringement of any of the above.
4. DURATION OF THE AGREEMENT AND TERMINATION
4.1 The duration of the present Agreement begins upon our acceptance of your application to our Affiliate Program and is open-ended; it shall continue unless terminated under the conditions set hereunder. In specific, either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice via email. You can contact us at. We will contact you at the email address you have provided in our application form (or any other alteration you have submitted thereof). Termination is immediate upon receipt of the termination email (proof of delivery to the inbox of the recipient suffices). We reserve the right to set a termination deadline in our termination email at our sole discretion, otherwise, termination is immediate. In case of termination for convenience, your commission will be payable as set in 5.2. below.
4.2 Muntstuk.com reserves the right to ban you from the Affiliate Program and to terminate this Agreement without prior notice should you breach any statutory or legal obligation concerning the Affiliate Program. In that case, notwithstanding any other right or claim that we might have against you, you shall not be entitled to payment of any pending commission. We also reserve our right to seek the return of any payment made for commissions you have earned up until the termination of the Agreement (irrespective to when we found out about the breach). Also, in case we terminate this Agreement for cause, you (and your business) are not entitled to register again in our Affiliate Program (either for the same website or for any other website you own, use or control).
4.3 We reserve also our right to terminate the present Agreement and to ban you from the Affiliate Program with or without prior notice in case that your Affiliate Program remains inactive for more than 180 days
4.4 We reserve further our right to terminate the Affiliate Program in whole. In that case, we shall inform all our Affiliate Partner with a generic notification in our Platform (with or without a deadline). In that case, we reserve our right to announce a gradual payment of any pending commissions to our Affiliate Partners, deviating from article 5.2. below.
4.5 In any case of termination (with or without cause), you must refrain immediately from any further link and/or other marketing or promotional activity related to Muntstuk.com as an Affiliate Partner. Also, you must refrain immediately from using any trademark or other IPR material that is owned or associated with us as well as from using any confidential information that we have become aware of due to your participation in our Affiliate Program. The present clause survives the termination of the Agreement.
In Muntstuk.com's sole discretion, affiliate accounts generating a large number of fraudulent accounts or that are associated with any false or misleading advertising or suspected fraudulent activity will be deactivated.
You may terminate your participation in the Affiliate Program at any time. You may discontinue your participation in the Affiliate Program by removing your affiliate links from your website and no longer promoting them. For accounting purposes, Muntstuk.com's systems will retain Your account and personal information. By terminating your participation in the Affiliate Program, you waive your right to be paid any unpaid commissions below the minimum threshold and you assign (by way of future assignment) all of your rights and ownership of any commissions which we are holding to your account. You will not receive any commissions which are earned after the date of termination.
Upon termination, all rights granted to you shall immediately be terminated.
We may modify any of the terms and conditions of our Affiliate Program and/or this Agreement at any time at our sole discretion. In that case, you shall be notified with a generic notification. Modifications may include but are not limited to, changes in the payment procedures, in the participation prerequisites, in the rights or obligations etc. In case you don’t agree with any modification, you have the right to terminate the Agreement as provisioned in clause 3.1. Any changes will be applicable from the time set in the notification uploaded in the Platform.
6.1 Commissions earned on referrals become payable 30 days after the referred customer becomes a Qualified Referral. Your total commission amount must equal or exceed one Thousand ZAR(R1000) before receiving a payment from Muntstuk.com. If your total commissions for a given month are less than R1000, payment will be held until the total commissions equal or exceed R1000,00.
6.2 If at any time a Qualified Referral files a credit card dispute, any earned Affiliate commission on the disputed charge shall become frozen in your account until the dispute is settled. You will not receive any interest on commissions that have been frozen. If the dispute is settled in Muntstuk's favour, any associated earned Affiliate commission will become payable to you. If the dispute is settled in the Qualified Referral’s favour, any associated earned Affiliate commission shall not be paid to you. If commissions have already been paid out to you, the amount of earned commissions on the disputed charges shall be debited to your account.
6.3 Commission payments will be paid in South Africa Rand (ZAR) and may be made via check or electronic payment (such as Paypal). You are responsible for paying all applicable fees associated with accepting payments, including but not limited to, currency conversion fees, transaction fees, withdrawal fees, deposit fees, and check cashing fees. Commissions are paid out on the first Friday of each month.
6.4 You are responsible for all tax liabilities, including, without limitation, income tax liabilities, that arise from or in any way relate to any commissions paid out to you by Muntstuk.
6.5 Muntstuk reserves the right to request documentation to approve your account. These requests may be made during the Affiliate Program application process or at any time while you have an active account in the Affiliate Program. If requests for documentation are not responded to promptly,
6.6 Munstuk reserves the right to terminate, deactivate, or not approve your account.
6.7 So, further to the previous process, we will send you an email with the commission you are entitled from the sales/purchases of the previous month. To receive your payment, you must send us a certified Bank letter that states your banking details.
7. PROGRAM RESTRICTIONS
7.1 You are free to promote your web sites, however, any promotion that mentions Muntstuk.com could be perceived by the public or the press as a joint effort. For that reason, you should take all reasonable effort to make sure that our companies remain always distinct and you are not allowed to make any representation or undertake any other legal commitment on the name or behalf of Muntstuk.com. You should know that certain forms of advertising are always prohibited by Muntstuk.com. For example, advertising commonly referred to as “spamming” is unacceptable for us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. Also, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote us so long as you have lawfully collected the personal data of the recipient (like indicatively but not exhaustively, the recipients is already a customer or subscriber of your services or web site), and recipients have the option to remove themselves from future mailings (opt-out/unsubscribe). Also, you may post to newsgroups to promote us so long as the newsgroup specifically welcomes commercial messages. At all times, however, you must represent yourself and your web sites as independent from Muntstuk.com
7.2 You should not misuse the Platform, the Affiliate Account Manager, the content provided by us nor hinder or interfere in any way to their operations or replace or modify the content. You should refrain from committing or encouraging any criminal offence, transmit or distribute viruses, or post any other malicious or technologically harmful material. You should abstain from committing any actions that can lead to unacceptable or extensive damage to the infrastructure or operation of the Platform and the Affiliate Program and you should not use the Platform and the Services in breach of confidence, privacy, or in any offensive or obscene way and in general in any illegal way
7.3 Trademarks, logos as well as the URL and belong exclusively to us. Display of our logo in your website for the performance of the Affiliation Services does not imply license of using it either the connection between us and yourself, apart from what is laid down in the present Affiliate Program. We do not provide to you or third parties any license or consent for use of the trademarks in no way apart from what is provided in the present Agreement. Also, Affiliate Partner is not allowed to use among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Muntstuk.com, Muntstuk.co.za, and/or any misspellings or similar alterations of these. If an Affiliate Partner proceeds to any such action this will be considered as a trademark violation, and, notwithstanding any other rights or claims of Muntstuk.com will be banned from Muntstuk.com’s Affiliate Program.
7.4 You shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until the consumer has fully exited our site (i.e., no page from our site or any Muntstuk.com’s content or branding is visible on the end-user’s screen).
- As used herein. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email;
- (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop-ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, Bing and similar search or directory engines);
- (c) set commission tracking cookies through loading of our website in IFrames, hidden links and automatic pop-ups that open our site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.
7.5 We reserve our right (if necessary and/or if we are under the legal obligation) to report any breach coming to our attention to the relevant law enforcement authorities under the conditions laid down in the applicable laws of the Republic of South Africa.
- Affiliates shall not create websites or advertisements that copy, imitate, or resemble the look and feel of our.
- Affiliates shall not copy any content from our website or any portions thereof, including, without limitation, any of Muntstuk.com's trademarks or other intellectual property, and display them on their site or subdomain or use them in any way without Muntstuk.com's prior express written consent.
- Affiliates shall not offer cashback, coupons, rewards or other incentives as part of their marketing efforts for the Affiliate Program.
- Affiliates shall not use traffic that is generated by, including, but not limited to, pay to click, pay to read, banner exchanges, click exchanges, cost-per-view advertising, pop-up/under, spam, purchased traffic, or similar methods without prior written consent from Muntstuk.com.
- Affiliates shall not use cookie stuffing techniques that set the tracking cookie without the potential customer clicking on the Affiliate’s referral link.
- Affiliates are responsible for ensuring their tracking codes are working properly before sending traffic to our servers. Any modification to the links is the sole responsibility of the Affiliate. Referral fees may be withheld, as determined by our sole discretion, for tracking errors caused by editing, masking, redirecting or tampering with affiliate links.
- Affiliates shall not bid on or use our trademarks or misspelt keywords for pay-per-click on internet search engines without prior written consent from us.
- Affiliates shall not use use our trademarks or misspelt keywords in their domain names.
- Affiliates shall not use redirected pages and links to send a potential customer to our website.
- Affiliates shall not engage in domain forwarding (i.e. purchasing a domain and setting it to forward directly to our website using an affiliate link).
- Affiliates shall not engage in the advertisement of business-opportunity websites or use marketing practices that attract fraudulent or short-term customers.
- Affiliates shall not engage in any marketing activity that may harm the reputation or credibility of Muntstuk.com, including using low-quality marketing materials, or advertising on any website that promotes violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or any illegal activities, or violates the intellectual property or other rights of a third party.
- Affiliates must include a physical mailing address and unsubscribe information for any marketing email sent promoting Muntstuk.com's Services.
- Affiliates shall make clear that they, not Muntstuk.com, are the sender of all marketing communications related to the promotion of Muntstuk.com's Services.
- Affiliates shall not engage in any marketing or promotional activities that violate applicable laws, rules, or regulations.
- Affiliates shall not market using facsimile, broadcast, telemarketing, text message marketing, or other offline marketing methods regarding Muntstuk.co.za or Muntstuk.com's Services without the express written consent of Muntstuk.com.
- Affiliates shall not use malware or spyware to market or promote Muntstuk.com's Services.
8. PERSONAL DATA PROTECTION AND CONFIDENTIALITY
9. GRANT OF LICENCES - Refer to our Copyright Policy
9.1 We grant to you a non-exclusive, non-transferable, revocable right for one user to (i) access our site through HTML links solely following the terms of this Agreement and (ii) in connection with such links, logos, trade names, trademarks, and similar identifying material as well as content (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Muntstuk.com’s Affiliate Program. You agree that all use of the Licensed Materials will be solely on the grounds and for the purposes set in the present Agreement and the goodwill associated therewith will be to the sole benefit of Muntstuk.com. You have no other claim (except on the agreed commission that is payable under the conditions set in the present agreement) from us for the participation in the Affiliate Program and the clientele we shall gain.
9.2 Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
9.3 In any case of lapse or termination of the present Agreement, you shall immediately (the same moment) cease to have access and/or to use any of the Licensed Materials as well as have access in the Platform and/or your User Account.
10. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
10.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable to all parties under its terms;
10.2 You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party;
10.3 You participate in the present agreement as a “business” entity, The present agreement is a B2B distance sales contract.
10.4 You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
11. OUR LIABILITY AND OUR DISCLAIMER
11.1 This Affiliate Program is not designed as a personalized Services; it is formed as a generic service package addressed to multiple recipients and is provided “as is”. We do not guarantee the “fit for purpose” of the Program and does not guarantee or promise that through the Program will increase its clientele or its turnover.
11.2 You acknowledge and declare that we are in no way related or connected and that your business’ content, operating methods and transactions ARE NOT conducted through the Platform and ARE NOT controlled by Muntstuk.com in any way. Therefore, Muntstuk.com has no knowledge, bears no responsibility and does not guarantee the correctness, lawfulness, completeness, truth, precision or quality of the content and/or the products or services provided by you. Further, we are not responsible for any actions or omissions, loss or damage which can be caused to the Customers or any third party due to or in connection to the use or visit or transaction with your business. We DO NOT participate in and are not a contracting party in the agreements executed between You and your Customers and any third party.
11.3. Unless it is otherwise expressed in the present Agreement and to the maximum extent permitted by Law, Muntstuk.com explicitly excludes hereby any conditions, guarantees and other terms which may be arisen by the applicable Law and Muntstuk.com will not be liable for any damage, including but not limited, direct, indirect, consequential, punished or incidental damages or damages for loss of use, profits, data or other property, damage to reputation or name, the cost of providing substitute products and services which arise from or are related to the use, inability of use, operation or failures of the Platform and/or the Affiliate Program, regardless of whether these losses could be predicted or arise within the context of this contract, from services offered by Muntstuk.com within the Agreement or in tort, based on the applicable legislation or otherwise. In case of any proven damages of any Affiliate Partner or of any third party due to proven intent (fraud) or gross negligence of Muntstuk.com that is directly associated with any act or omission of Muntstuk.com, then any such liability concerns exclusively actual damage while in case of proven slight negligence any such liability only concerns actual damage too which is limited to the amount that equals to 3 times the commission you have received from in the previous 6 months. Any limitations of liability limitations set out in the present Agreement are mutually agreed, fair and valid and have been acknowledged and accepted by the Members that participate in the present agreement as enterprises involved within the context of their business status
11.4 We take all reasonable efforts so that the Program and access to your Account can take place smoothly and without interruption and that the adequate level of security necessary is maintained. However, we do not guarantee that the pages, services, selections, contents, prices, descriptions and the availability of the applications/services will be provided without interruption and errors. We are not liable, though, if for any reason, negligence included, the operation of the Program or the platform or your Account is interrupted or access to the Platform or the Account becomes difficult and/or impossible or if, despite the maintained security measures, viruses or other harmful software is identified and transmitted to the terminals of the users/visitors, or if third unauthorized parties intervene in any way to the content and operation of the website or the platform making the use difficult or causing problems to its proper function. Moreover, we are not liable in case of access break to the website or the platform, for reasons beyond our control as well as for reasons due to technical or other failures of the backbone network or reasons of force majeure or incidental facts. It is also clearly indicated that in case of any loss or damage of data from your Account we are only liable solely for reposting the data based on the back up which the Member is obliged to take according to the reference in Article 1.6 d) above. In any case whatsoever, Muntstuk.com bears no liability in case of any error or interruption of the services due to any technical or other failures of the E-business website.
11.5 In any case, you are exclusively responsible for any damage that may occur to us by incorrect or improper use of our Affiliate Program. You also bear the responsibility to compensate, defend and exempt Muntstuk.com and its directors, officers, employees, consultants, representatives and affiliates from any, and all, claims by third parties, liability, damages and/or costs (including, but not limiting, legal consultants fees) which occur because of or in connection to the use of the Affiliate Program or from the breach of the Agreement or in case any customer or third party turns against us for any of your acts or omissions.
12. APPLICABLE LAW AND JURISDICTION
These terms are governed by and construed according to the laws of South Africa. Both parties agree that they are subject to the exclusive jurisdiction of the courts of the city of Pretoria in South Africa.
YOU AND MUNTSTUK EACH AGREE TO WAIVE ITS RIGHT TO TRIAL BY JURY AND THAT ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE ARISING HEREUNDER WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT YOU WILL NOT SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU ACT OR PROPOSE TO ACT IN A REPRESENTATIVE CAPACITY. YOU FURTHER AGREE THAT NO PROCEEDING WILL BE JOINED, CONSOLIDATED, OR COMBINED WITH ANOTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF MUNTSTUK.COM AND ALL PARTIES TO ANY SUCH PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SITES MUST BE COMMENCED WITHIN THREE(3) MONTHS AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. ASSUMPTION OF RISK
You are solely responsible for ensuring that your participation in the Affiliate Program complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to participation in the Affiliate Program.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, MUNTSTUK.COM, ITS PRESENT AND FUTURE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS, AND ANY THIRD PARTY INFORMATION PROVIDERS TO THE SITES, SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, MUNTSTUK.COM SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, MUNTSTUK SHALL NOT BE LIABLE TO ANY PARTY FOR CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE AFFILIATE PROGRAM. TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR FAILS OF ITS ESSENTIAL PURPOSE, MUNTSTUK'S SOLE OBLIGATION TO YOU FOR DAMAGES SHALL NOT EXCEED THE NUMBER OF COMMISSIONS YOU EARNED OVER THE TWELVE (12) MONTHS PRECEDING THE CLAIM(S) UNLESS OTHERWISE REQUIRED BY APPLICABLE LAW.
14. FINAL TERMS
14.1 The above Agreement shall bind all contracting parties (Muntstuk.com and Affiliate Partners) and constitute our entire agreement.
14.2 Any delay by the parties in practising all or part of the rights arising from these terms does not entail weakening or waiving of this right which may be practised at any time at a later stage and during the reasonable discretion of the beneficiary.
14.3 We may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
14.4 The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
14.5 If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
15. ENTIRE AGREEMENT; SEVERABILITY OF PROVISIONS; NO WAIVER
These Terms of Service constitute the entire agreement concerning participation in the Affiliate Program. If any provision of these Terms of Service is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.
16. CHANGES TO THE TERMS AND CONDITIONS
Muntstuk.com may review and update these Terms of Service at any time in our sole discretion and it is your responsibility to keep abreast of those changes. All changes are effective immediately when posted. Your continued participation in the Affiliate Program following the posting of revised Terms of Service means that you accept and agree to the changes which are binding on you, so please check this webpage periodically for updates.
17. CONTACT DETAILS
- Main Activity: Coin Dealer / Collector
- Physical Address: Crystal Crescent, Midstream, Centurion, Pretoria, Gauteng, 1692, Republic of South Africa(RSA)
- Postal Address: Postnet Suite #460, Private Bag x1007, Lyttelton, Gauteng, 0140, Republic of South Africa(RSA)
- Office Hours: Website operates 24/7, all year round