Termini e condizioni del programma commissioni di Sticker Mule

Dated: May 2024

PLEASE READ THE FOLLOWING COMMISSION PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE PARTICIPATING IN STICKER MULE’S COMMISSION PROGRAM. PARTICIPATION IN THIS PROGRAM CONSTITUTES YOUR ACCEPTANCE OF ALL THE COMMISSION PROGRAM TERMS AND CONDITIONS.

OVERVIEW:

Sticker Mule, LLC (“Sticker Mule”, “We”, “Us”, “Our”) is offering you (“Referrer” or “You”) the opportunity to participate in the Sticker Mule Commission Program (the “Program”), offered on the website https://www.stickermule.com/it/account/commissions (the “Website”), which allows You to earn commission payments (collectively “Commission Payments”) for referring new customers to Sticker Mule in accordance with these Commission Program terms and conditions (“Terms”). By participating in the Program, You acknowledge that You are bound by and agree to the Terms, as well as the additional terms, conditions and policies incorporated by reference herein and available by hyperlink, including but not limited to, Sticker Mule’s Website Terms of Use and Privacy Policy.

You can review the current version of the Terms at any time on this Website. The Terms set forth how the Program works, Restrictions, Referral rules, and what Commission Payments You may be able to receive by making a valid referral. Sticker Mule reserves the right to update, change, replace and/or terminate any part and/or all of the Program or Terms at any time and for any reason. Any updates and/or changes to the Terms will be posted to Our Website. Prior versions of the Terms will be hyperlinked below the current Terms together with their effective start and end dates.

No part of the Program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER.

All Commission Payments awarded to a Referrer under the Program shall be from funds owned by Sticker Mule. REFERRER IS PROHIBITED FROM ADDING OR CONTRIBUTING ITS OWN FUNDS TO THEIR COMMISSIONS DASHBOARD/WALLET AT ANY TIME.

1. BINDING AGREEMENT:

By participating in the Program, You are bound by these Terms and indicate Your agreement to them. The Program is administered by Sticker Mule. All of Sticker Mule’s decisions with respect to the Program are final and binding.

2. YOUR DATA PRIVACY; NO FINANCIAL INCENTIVE FOR USE OF YOUR PERSONAL INFORMATION:

The personal information collected, processed and used as part of the Program will be used in accordance with Sticker Mule’s Privacy Policy. If You would like to participate in the Program, Sticker Mule needs to collect Your personal information in order to communicate with You, track which of Our New Customers were referred by You, to make Commission Payments, and to perform related tasks in connection with the administration of the Program. Please note that Sticker Mule does not provide any financial incentives to You for the collection, retention, or sharing of personal information. You can also opt out from participation in the Program and ask us to delete Your personal information at any time by emailing us at: help@stickermule.com.

By participating in the Program, You agree to receive certain electronic communications from Sticker Mule, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that Sticker Mule sends You electronically will satisfy any legal communication requirements, including that such communications be in writing.

3. HOW THE PROGRAM WORKS
  1. Program Participation, Generally:
    1. To participate in the Program, Referrer should visit the Website and follow the on-screen instructions to invite New Customer(s) to sign up to receive notifications from Sticker Mule and/or purchase products offered by Sticker Mule. “New Customer(s)” means any person or business that has not previously signed up to receive notifications from Sticker Mule or has not previously purchased products offered by Sticker Mule.
    2. As long as the Referrer fully complies with these Terms, such Referrer is eligible to earn Commission Payments as set forth below.
    3. Sticker Mule will not communicate or collect personal information on New Customer(s) unless and until such New Customer(s) sign(s) up to receive communications from Sticker Mule, interacts with Sticker Mule’s website, or makes a purchase from Sticker Mule.
    4. Referrers are prohibited from providing any personal information of New Customer(s) to Sticker Mule directly.
  2. Referrer Eligibility: To be eligible as a Referrer that earns Commission Payments under the Program, You must:
    1. Create an account or have an existing account on the Website and verify Your identity through the Website. All information provided by a Referrer to verify their identity must be correct and current. NO PURCHASE IS NECESSARY.;
    2. Be a legal resident of the United States of America; and
    3. Be at least eighteen (18) years of age or the age of majority in the jurisdiction in which You reside, and otherwise be legally capable to agree to and be bound by the Terms.
    4. Sticker Mule reserves the right to disqualify any Referrers from participation in the Program at any time at Our sole discretion, including without limitation if Referrer does not comply with any of these Terms or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any Endorsement Guide disclosures as required by the Federal Trade Commission or otherwise required by Sticker Mule).
  3. Making a Referral:
    Referrals may be made by the Referrer as follows:
    1. Upon joining the Program, links and code unique and specific to each Referrer (collectively, “Links”) will be made available through the commissions dashboard via Referrer’s account on the Website (“Commissions Dashboard”). Referrer is solely responsible for ensuring that the Links are set up correctly when being used. Sticker Mule is not responsible for a Referrer failing to receive any Commission Payments due to incorrect formatting or configuration of any Links by Referrer. While Referrer may use Links to direct New Customers to the Website, Referrer may not use any means to create the impression that Referrer’s communications/social media/website/platform are Ours, including without limitation, framing our Website in any manner.
    2. REFERRAL LINK: Referrer may provide New Customer(s), by any suitable form of communication, a referral link that is unique and specific to the Referrer (“Referral Link”). The Referral Link is generated pursuant to the Terms and can be found in the Commissions Dashboard.
    3. EMBEDDED CODE: Referrer may copy and paste an embed code into their website, social media profile or other web-based platforms (to the extent permitted by the social media or other platform) to generate an ad (the "Referral Ad") that may include, but is not limited to, a banner graphic, a linked image, an interactive button, or the like. The code associated with the Referral Ad is unique and specific to the Referrer and can be found in the Commissions Dashboard.
    4. REFERRER PUBLIC PROFILE SALES AND/OR SIGNUPS: Referrer may direct New Customer(s) to their public profile on the Website (“Public Profile”), which may provide New Customer(s) the opportunity to sign up to receive notifications from Sticker Mule via the "Sign up" button, and/or purchase products from Sticker Mule that were previously purchased and/or were selected by the Referrer for inclusion on their Public Profile. Referrer may provide New Customer(s), by any suitable form of communication, a link to their Public Profile that is unique and specific to the Referrer and directs New Customer(s) directly to the Referrer’s Public Profile. The Public Profile link is generated pursuant to the Terms and can be found in the Commissions Dashboard.
  4. Commission Payments: Commission Payments may be redeemed as follows: follows:
    1. PERCENTAGE OF NEW CUSTOMER(S) SALES: Referrer will earn a predetermined percentage of the sale(s) made by Sticker Mule to New Customer(s) during a period of one (1) year from the date New Customer is first tracked by Sticker Mule as being referred by Referrer: (i) via Referral Link, Referral Ad or Referrer’s Public Profile; or (ii) after New Customer signs up for an account via the Referrer’s Public Profile. The predetermined percentage is based on such factors as product type(s), value of the sale(s), and shipping costs. There are no limits on the number of Commission Payments you can earn.
    2. Sticker Mule offers free shipping on all orders. For the purposes of calculating Commission Payments, Sticker Mule’s costs of shipping and handling will be subtracted from the value of the sale(s) calculation. As such, Commission Payments that can be earned for products shipped to far away destinations may be lower due to the increased costs of shipment.
    3. Commission Payments will be awarded to Referrer effective no later than sixty (60) days after the expiration of the returns period on the order(s) made by the New Customer. Commission Payments will be posted on a monthly basis directly into Referrer’s wallet accessible through the Commissions Dashboard (“Wallet”).
    4. Once Commission Payments are posted to Referrer’s Wallet, Referrer may subsequently elect to redeem such Commission Payments as store credit to make purchases on the Website. No minimums apply and Commission Payments may be redeemed for store credit at any time.
    5. Alternatively, Referrer may subsequently withdraw Commission Payments from their Wallet via check request. The minimum balance in the Referrer’s Wallet at the time of such withdrawal must be $500.
  5. Restrictions:
    1. No Commission Payments will be earned by Referrer if Referrer’s account is not in good standing, Referrer is determined to be in breach of any of the Terms, and/or complaints are made regarding the Referrer’s conduct in relation to spam or other inappropriate or suspicious activities.
    2. Purchases made by New Customer(s) using any other promotion(s) will not qualify for Commission Payments.
    3. Orders returned by New Customer(s) will not qualify for Commission Payments.
    4. Referrers cannot refer themselves or create multiple, fictitious or fake accounts with Sticker Mule in order to participate in the Program as a New Customer.
    5. All Commission Payments earned are personal to Referrer and may not be sold, transferred, assigned to, or shared with, any third parties.
    6. All Commission Payments remain the property of Sticker Mule unless and until redeemed by Referrer.
    7. Sticker Mule reserves the right to make unavailable any Commission Payments earned by (i) a Referrer that has been inactive for two (2) consecutive years and (ii) a Referrer who deletes/unregisters their Sticker Mule account. “Inactive” is defined as no Commission Payments have been earned in the immediately preceding twenty-four (24) months. In the event that a Referrer is rendered inactive or unregistered, all accumulated Commission Payments are void.
    8. A Referrer cannot use their own funds to make additions to the contents of their Commissions Dashboard/Wallet, or increase the number of Commission Payments in their Commissions Dashboard/Wallet; only Sticker Mule’s funds shall be used to provide Commission Payments under this Program.
    9. Referrer agrees not to use the Program to: (1) violate any laws; (2) stalk, harass, or harm any individuals, entities or property, infringe or violate the rights of any third party, or otherwise act in a manner that is deemed harassing, harmful, illegal, hateful, obscene or outside the spirit and intent of the Program; (3) collect or store personal data about New Customer(s); (4) impersonate any person or otherwise misrepresent Referrer’s identity and relationship with Sticker Mule; (5) impede another Referrer’s use of the Program; (6) attempt to gain unauthorized access to the Program or other Referrer’s Links, Public Profile, the Commissions Dashboard, computer systems, or networks connected to the Program; (7) transmit any file that contains contaminating or destructive features (e.g., viruses, worms, trojan horses, etc.); (8) conduct or solicit the performance of any illegal activities; (9) tamper with the Program, (10) act in an unfair or disruptive manner, or (11) use any system, bot or other device or artifice to participate or receive any benefit in the Program. Referrer understands and agrees the restrictive or prohibitive list in this section are not exhaustive. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, STICKER MULE RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
    10. In the event that a Referrer engages with the Program in violation of the Terms, Sticker Mule’s Terms of Use, or Sticker Mule’s Privacy Policy, Sticker Mule reserves the right to cancel, change, or suspend the Program and/or to prohibit any Referrer from participating in any aspect of the Program.
    11. Sticker Mule shall possess sole authority in determining cases related to suspected abuse, fraud, or breach of the Terms.
4. REFERRER’S REPRESENTATIONS:
  1. Referrer agrees that Referrer shall comply with all applicable laws, ordinances, rules, regulations, orders, licensing and registration requirements, or other requirements of any governmental authority with jurisdiction over Referrer and Sticker Mule’s Program, including, but not limited to, all federal, state, or other applicable laws governing:
    • marketing and affiliate marketing email, communications, and services including, but not limited to, the CAN-SPAM Act of 2003 and other anti-spam laws;
    • data privacy and security regulation including, but not limited to, the General Data Protection Regulation EU 2016/679 (“GDPR”) and other data protection laws; and
    • anti-bribery and anti-corruption laws including, but not limited to, the US Foreign Corrupt Practices Act (“FCPA”), the UK Bribery Act (the “UK Act”), the Singapore Prevention of Corruption Act (“PCA”), the Mexico General Law on the National Anti-Corruption System (“GLAR”), the Canadian Corruption of Foreign Officials Act (“CFPOA”), and all other applicable anti-corruption and anti-bribery laws.
  2. To participate in the Program, Referrer may submit personal information about themselves. The personal information will be collected and used in accordance with Sticker Mule’s Privacy Policy. Sticker Mule may utilize the Personal Information to contact Referrer with regards to their participation in the Program and/or to send Referrer additional communication from Sticker Mule. Referrer represents that Referrer has read and understood the Privacy Policy and Terms.
  3. Referrer agrees to comply with the Federal Trade Commission’s 16 CFR § 255 “Guides Concerning the Use of Endorsements and Testimonials in Advertising.” If Referrer makes a Referral by posting to a social media network (such as Instagram, Facebook, X (formerly, Twitter), etc.), Referrer should, at a minimum, include language identifying the Referral as a paid endorsement (e.g., “This is a paid endorsement” or “#paidad”). Referrer is responsible for ensuring that their posts including Referrals on any social media network comply with the terms of use of such network, and any other applicable laws, statutes, and regulations.
  4. Intellectual Property: Referrer acknowledges and agrees: (i) that all trademarks and copyrights used as part of the Program are exclusively owned by Sticker Mule or third parties, (ii) that other than with respect to the materials provided to Referrer while participating in the Program, Referrer is not authorized to use any trademarks, copyrighted material, names, logos, or other intellectual property owned by Sticker Mule, and (iii) that Referrer will not participate, contribute, or otherwise be associated with any activity that diminishes or tarnishes the reputation of Sticker Mule’s trademarks.
5. INDEPENDENT CONTRACTOR RELATIONSHIP:

Referrer acknowledges and agrees that they participate in the Program at their own risk as an independent contractor and Sticker Mule is not directing or controlling how Referrer performs their obligations hereunder. Referrer is responsible for paying any applicable taxes, if any, due to taxing authorities, arising from or in connection with, their receipt of any Commission Payments. Participating in the Program does not authorize the Referrer to act on behalf of Sticker Mule or Sticker Mule’s affiliates. Nothing herein is intended or can be construed to establish or suggest an employer-employee relationship, partnership, joint venture, or association between Referrer and Sticker Mule.

6. CONFIDENTIAL INFORMATION:

While participating in the Program, Referrer may receive or become privy to confidential and proprietary information belonging to Sticker Mule. Referrer agrees to maintain all confidential and proprietary information in strict confidence and use the confidential and proprietary information only in connection with the participation in the Program. Notwithstanding anything to the contrary contained herein, Referrer agrees to keep confidential the names and contact information of any customers of Sticker Mule, including New Customers.

7. LIMITATION OF LIABILITY:

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to You. STICKER MULE, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS AND SUPPLIERS (THE “STICKER MULE PARTIES”) SHALL NOT BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, THE WEBSITE, COMMISSION PAYMENTS, THE COMMISSIONS DASHBOARD, LINKS, WALLET, OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER USERS OF THE PROGRAM OR WEBSITE, OR ANY USER CONTENT OR ANY OTHER ACTIVITY IN CONNECTION WITH THE USE OF THE PROGRAM OR THE WEBSITE, EVEN IF STICKER MULE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL YOU BE ENTITLED TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEYS’ FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THESE TERMS OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE PROGRAM AND WEBSITE. YOUR ONLY REMEDY AGAINST STICKER MULE PARTIES IN CONNECTION WITH ANY DAMAGES ARISING FROM YOUR USE OF THE PROGRAM OR WEBSITE, IS TO STOP PARTICIPATING IN THE PROGRAM OR USING THE WEBSITE. IF STICKER MULE PARTIES ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PROGRAM, OR ANY CONTENT, STICKER MULE’S LIABILITY SHALL NOT EXCEED US$100.00. ANY CLAIMS MADE AGAINST STICKER MULE PARTIES MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF ACCRUAL.

8. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

Sticker Mule reserves the right to cancel or suspend the Program if it determines, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.

REFERRERS AND POTENTIAL REFERRERS EXPRESSLY UNDERSTAND AND AGREE THAT: (A) THEIR USE OF STICKER MULE’S COMMISSIONS PROGRAM IS AT THEIR SOLE RISK, THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND STICKER MULE EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, "PROMISES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, PROMISES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED PROMISES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B)STICKER MULE MAKES AND GIVES NO PROMISE THAT (i) THE PROGRAM WILL MEET REFERRER REQUIREMENTS, (ii) BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY REFERRER THROUGH THE PROGRAM WILL MEET REFERRER EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT REFERRER’S OWN DISCRETION AND RISK.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASE, THE EXCLUSIONS AND LIMITATIONS WILL APPLY TO THE MAXIMUM IT CAN UNDER THE LAW.

9. INDEMNIFICATION

Some jurisdictions do not permit certain limitations or exclusions on liabilities, legal warranties and remedies, so these exclusions or limitations may not apply to You. You agree to indemnify, defend, and hold harmless Sticker Mule Parties from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to Your use of the Program and/or Website, Your conduct in connection with the Program/Website or with other users, or any violation of these Terms, any law or the rights of any third party. To the extent that Sticker Mule receives any notice that Your conduct violates any of the rights of a third party, or any applicable laws, Sticker Mule has the right to be defended and indemnified by You in connection with any response to such a notice, including for the costs of preparing such a response. Furthermore, Sticker Mule has the right to undertake any steps necessary to protect its interests in the event such a notice is served on Sticker Mule. You, for Yourself and on behalf of Your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Sticker Mule Parties from any and all claims or causes of action You may have for damages relating in any way to Your use of the Program and Website, and covenant not to sue the Sticker Mule parties.

10. NOTICES

All notices pursuant to the Terms must be in writing and may be provided electronically. Notice must be made to Sticker Mule at:

Sticker Mule, LLC
C/O: David Traver
336 Forest Ave.
Amsterdam, NY 12010
dave@stickermule.com

with a copy to: help@stickermule.com

11. GOVERNING LAW; WAIVERS
  1. ALL CLAIMS AND CONTROVERSIES SHALL BE RESOLVED MANDATORY BINDING ARBITRATION UNLESS OTHERWISE REQUIRED BY LAW. THESE TERMS, THE PLATFORM AND PRIVACY POLICY ARE GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, WITHOUT REGARD TO CHOICE OF LAW PROVISIONS, AND NOT BY THE 1980 U.N. CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS. THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN MONTGOMERY COUNTY, NEW YORK, OR THE NORTHERN DISTRICT OF NEW YORK’S FEDERAL COURT. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“AAA RULES”). THE AAA RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN MONTGOMERY COUNTY, NEW YORK.
  2. YOU AGREE THAT ANY AND ALL RIGHTS AND OBLIGATIONS OF ANY PARTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR FROM ACCRUAL OF THE CAUSE OF ACTION, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
  3. REFERRER IS WAIVING THEIR RIGHT TO HAVE A TRIAL BY JURY.
12. OTHER TERMS

These Terms constitute the entire agreement between Referrer and Sticker Mule with respect to the Program. Failure by Sticker Mule to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, or Sticker Mule’s right to subsequently enforce any such rights or any other provision of the Terms. If any provision of the Terms shall be held by a court of competent jurisdiction to be unenforceable, the remaining provisions shall remain in full force and effect.