Sweet Donkey Affiliate Program:
Terms & Conditions
1. Definition and Scope
By signing up to be an Affiliate in the Affiliate Program (“Brand Ambassador Program”) of Sweet Donkey (hereinafter: “we”, “us”, “our” or “Sweet Donkey”) you are agreeing to be bound by the following terms and conditions for Affiliate-Partner. The business relationship between Sweet Donkey and the Affiliate-Partners is governed only by these General Terms and Conditions for Affiliates.
The General Terms and Conditions apply to all future legal transactions, even if they are not expressly referred to. The currently valid General Terms and Conditions are available on the Sweet Donkey website at https://sweet-donkey.com/affiliate_terms.
Conflicting, deviating or supplementary General Terms and Conditions of the Business Partner are not part of the contract, unless Sweet Donkey expressly agrees to their validity for the respective specific legal transaction.
Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the reference norms of Austrian and European international private law.
Sweet Donkey reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Program, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Program after any such changes shall constitute your consent to such changes.
Violation of any of the terms below will result in the termination of your Account (affiliate-user) and for forfeiture of any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.
2. Account Terms
- You must be 18 years or older to be part of this Program.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- Your login may only be used by one person – a single login shared by multiple people is not permitted.
- You are responsible for maintaining the security of your account and password. Sweet Donkey cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your account.
- One person or legal entity may not maintain more than one account.
- You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- You may not use the Affiliate Program to earn money on your own product accounts.
3. Referral-Links/-Graphics on your website, in your emails, or in other communications
Once you have signed up for the affiliate program, you will receive your specific affiliate code to place the referral link on your website. You will find the affiliate code within the affiliate account management (Dashboard: https://sweet-donkey.com/affiliates_log) once you have logged in to Sweet Donkey with your affiliate account login details (email and password).
In addition to the referral link, you can also include banners or graphics that we will send you upon request on your website. You can also place these in your emails or other communications if you wish. Please use only the graphics and banners that Sweet Donkey provides you. Sweet Donkey can change the content of the graphics and the dimensions at any time and will inform you about it.
In order to achieve accurate tracking of the clicked referral link and to enable the forwarding of it and the resulting commission, you will receive from us a specific link with specific format, which you will embed into your website. You can include several referral links in one website. You have to make sure that all your referral links use the correct specific formats given by us.
You will receive a commission fees only with respect to sales on a product occurring directly through your Referral-links: Sweet Donkey is explicitly not responsible for an incorrectly used link (e.g. incorrectly entered affiliate code) or an incorrectly placed (technically incorrectly entered) link and the consequences thereof. You are solely responsible for the correct use of the referral link.
Affiliate links should point to the page of the product being promoted. Deep links, other links or pages within Sweet Donkey’s service and product sites are not authorized and will not earn you commission.
4. Referral fees/commissions and payment
Only one type of commission can be purchased: Sales commission. You will receive 10% sales commission from the current product price on Sweet Donkey Store (https://sweet-donkey.com) at the time of purchase by the customer. You have the possibility to get 10% discount on our products. The discount is exclusively for their private use, passing it on to third parties is prohibited.
For a Product sale to be eligible to earn a referral fee, the customer must click-through a Special Link from your site, email, or other communications to https://sweet-donkey.com and complete an order for a product during that session.
We will only pay commissions on links that are automatically tracked and reported by our systems. We will not pay commissions if someone says they purchased or someone says they entered a referral code if it was not tracked by our system. We can only pay commissions on business generated through properly formatted special links that were automatically tracked by our systems.
We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Payments only begin once you’ve earned more than $30 in affiliate income. If your affiliate account never crosses the $30 threshold, your commissions will not be realized or paid. We are only responsible for paying accounts that have crossed the $30 threshold. In order to receive the commission, you must send us an invoice in advance in accordance with European regulations (address, tax number, VAT statement) to contact@sweet-donkey.com by the 28th of the month.
5. Payouts via PayPal
Commission payments are made exclusively via PayPal and no other service. Sweet Donkey does not send checks, wire transfers or cash. You must have a PayPal account to receive commission payments. If you don’t have a PayPal account yet, you can sign up for PayPal at any time.
In order for Sweet Donkey to be able to pay out the affiliate partners’ commission for the respective month, you must submit an invoice (address, tax number, VAT statement) to contact@sweet-donkey.com by the 28th of the month. We will gladly send you a template for this.
6. Identifying yourself as a Sweet Donkey-Affiliate
You may not issue any press release with respect to this Agreement or your participation in the Program; such action may result in your termination from the Program. In addition, you may not in any manner misrepresent or embellish the relationship between Sweet Donkey and you, say you develop our products, say you are part of or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).
You may not purchase products through your affiliate links for your own use. Such purchases may result (in our sole discretion) in the withholding of referral fees and/or the termination of this Agreement.
You may use the 10% affiliate discount on our products exclusively for their personal use, sharing with third parties is prohibited. Misuse may result in the withholding of referral fees and/or the termination of this Agreement.
7. Payment schedule
As long as your current affiliate earning are over $30, you’ll be paid each month. Payment is made with the last day of the month at the latest. If you haven’t earned $30 since your last payment, we’ll pay you the following month after you’ve crossed the threshold. All commission payouts are made only through PayPal.
In order that Sweet Donkey can process the payment of the affiliate partner’s commission for the respective month, you have to submit an invoice to contact@sweet-donkey.com till the 28th of the month. We will gladly send you a template for this.
8. Customer definition
Customers who buy products through this Program will be deemed to be customers of Sweet Donkey. Accordingly, all of our rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Because price changes may affect Products that you have listed on your site, you should not display product prices on your site. Sweet Donkey will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.
9. Your responsibilities
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:
The technical operation of your site and all related equipment
Ensuring the display of Referral-Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site)
The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all Product-related materials of Sweet Donkey and any information you include within or associate with Referral-Links)
Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights)
Ensuring that materials posted on your site are not libelous or otherwise illegal
Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.
10. Compliance with Laws
As a condition to your participation in the Program, you agree that while you are a Program participant you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a Program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the Program you will comply with all applicable laws (federal, state or otherwise) that govern marketing email and all other anti-spam laws.
11. Term of the Agreement and Program
The term of this Agreement will begin upon our acceptance of your Program application and the agreement of these GTC and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to https://sweet-donkey.com, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program. Sweet Donkey reserves the right to end the Program at any time. Upon program termination, Sweet Donkey will pay any outstanding earnings accrued above $30.
12. Termination
Sweet Donkey, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Program, or any other service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all potential or to-be-paid commissions in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. Sweet Donkey reserves the right to refuse service to the Affiliate-Partner for any reason at any time.
13. Obligations of the Affiliate Partner
The Affiliate Partner respects the trademark and name rights of Sweet Donkey when conducting a “Paid Search” campaign in order to improve its placement in search engines. The Affiliate Partner agrees not to use keywords that contain “Sweet Donkey” or any other trademarked brand name or contain names similar to Sweet Donkey.
In the case Sweet Donkey should determine that the Affiliate Partner should engage in spamming in any other way and unauthorizedly promote Sweet Donkey in mass emails, Sweet Donkey may retain all outstanding commissions and terminate the Affiliate Program and thus terminate the Affiliate Partnership.
14. Relationship of Affiliate-Partners and Sweet Donkey
You and Sweet Donkey are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.
15. Limitations of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under this Agreement.
16. Disclaimers
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, noninfringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
17. Independent Investigation
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT
18. Arbitration
All disputes relating in any way to these Terms (including actual or alleged violations of these Terms), as well as transactions or activities under these Terms or your relationship with us or any of our affiliates, shall be submitted to confidential arbitration in Salzburg, Austria. If you infringe our rights in any way, or infringe our intellectual property, we may seek an injunction from any court of competent jurisdiction in Austria. The judge’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms and Conditions shall be joined with any other arbitration involving any other party.
19. Miscellaneous
The Terms and Conditions are automatically governed by the laws of the European Union and Austria. These Terms and Conditions are binding for the parties (Affiliate Partner and Sweet Donkey) and their respective successors.
Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
The failure of to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Sweet Donkey and superceding any prior agreements between you and (including, but not limited to, any prior versions of the Terms of Service).