Affiliate partner program terms of service

1 Affiliate program overview

Bengs Affiliate Program offers selected participants the opportunity to get paid to promote Bengs Resonant water products (owned and represented by RIC 4 life B.V.) to curious people worldwide, for referring them to bengsproducts.com and for related promotional activities. Enrolling into bengsproducts.com gives you (including any personnel, agents, or subcontractors you engage) the right to conduct Program activities through your contracted participation in the Program in accordance with these Affiliate Terms and Conditions. Enrollment into bengsproducts.com Affiliate program and acceptance of the Affiliate Terms and Conditions constitutes a written agreement between the Affiliate and RIC 4 life B.V..

2 Definitions

“Affiliate” or “you” shall mean the natural or legal person who wishes to participate in the Program on the basis of these Affiliate T&Cs.

“Affiliate Link” shall mean a hyperlink assigned to the Affiliate, containing a unique identification of the Affiliate, which is used by the Affiliate to invite Users to buy Products on the Platform.

“Affiliate Dashboard ” shall mean the Affiliate account section of the Website, where Affiliate may view information relevant to their participation in the Program.

“Affiliate Services” shall mean promotion bengsproducts.com, referral of Users to bengsproducts.com and related promotional activities.

“Affiliate T&Cs” shall mean these Affiliate Terms and Conditions.

“Bengs” or “we” shall mean bengsproducts.com website and/or Bengs Resonant water products legally owned and represented by  RIC 4 life B.V., Dutch Chamber of Commerce code 77789180, with our registered office at Haling 3E, 1602 DB ENKHUIZEN, the Netherlands

“RIC 4 life T&Cs” shall mean RIC 4 life B.V. Terms and Conditions.

“Program” shall mean the bengsproducts.com Affiliate program.

“Products” shall mean physical products offered on bengsproducts.com.

“User” shall mean the users of the Platform who purchase Products.

“Website” shall mean bengsproducts.com website.

3 Requirements

1. To be eligible to join the Program and become an Affiliate, the applicant is recommended to have at least one of the following:
   1. an active account or channel on a social media or streaming network (such as Twitch, Facebook, YouTube, Instagram, Twitter or similar);
   2. a working website
   3. a practice.
2. Compliance with the requirements set out in Section 3.1 of these Affiliate T&Cs does not guarantee that the applicant shall be accepted into the Program. Bengs shall evaluate all applications (including promotion channels, target audience, number of followers etc.) on a case by case basis and reserves the right to reject any applicant for any reason.
3. Bengs reserves the right to change the requirements set out in Section 3.1 at any time, without giving any notice to potential Affiliates in advance.

4 Registration

1. To apply for participation in the Program, you must first create a bengsproducts.com user account in accordance with Ric 4 life T&Cs, or log in to a previously created bengsproducts.com user account.
2. To become an Affiliate, you must fill in our Affiliate application form and provide information relevant to your activities as an Affiliate, including but not limited your name and surname, information about your promotion channels, targeted audience, previous experience as an affiliate and other information requested on the application form.
3. After reviewing information that you have provided us, we will either (i) inform you that your application to become an Affiliate has been rejected, or (ii) send you a welcome email with next steps.
4. Before being able to participate in the Program, each successful applicant will be requested to provide invoice details (name or company name, VAT code (if applicable), address, country, company code or birth date).

5 Affiliate duties

1. Once you sign up and become an Affiliate, you shall be providing Affiliate Services to Bengs.
2. Affiliate agrees to follow Bengs instructions and guidelines related to marketing and promotional materials, including but not limited to:
   1. Affiliate may not promote Bengs products via Google Shopping;
   2. Affiliate may not promote Bengsproducts.com via discount code websites;
   3. Affiliate may not promote Bengs products via Google Search Ads by using “Bengs” brand, and keyword or any “Bengs” brand typos;
   4. other instructions and guidelines provided via email or made available at the Affiliate Dashboard.
3. Bengs may update instructions and guidelines related to marketing at any time by either updating these Affiliate T&Cs or notifying Affiliates via email.
4. The Affiliate warrants and represents that his/her actions aimed at advertising the Platform will not infringe applicable laws, rights of third parties (especially intellectual property rights) or rules of decency. The Affiliate warrants and represents that he/she will not engage in any activity that may harm the reputation or goodwill of Bengs. In particular but without limitation, the Affiliate may not:
   1. within their actions aimed at advertising Bengs, place anywhere any content that is or may be considered offensive, defamatory, harassing, abusive, racist or illegal in any other way;
   2. advertise Bengs or place Affiliate Link on pornographic websites or on websites that glorify violence or websites that provide unlawful content in any other way (for example racist, xenophobic, sexist or discriminatory content);
   3. use prohibited or harmful techniques of promoting websites, use forbidden keywords specified in the proper regulations, etc.;
   4. send, exchange or overwrite cookies;
   5. organize mailings that may be considered spam or send e-mails to the recipients who have not given the consent to receive such messages;
   6. charge Users with any fees in exchange for their use of Bengs, or their purchases;
   7. use any other activities that directly or indirectly contribute to the unfair increase of the Affiliate’s commission.

6 Commission and payments

1. Affiliate earnings for participation in Program is a commission counted from the purchases of the Products in the amount of an individually agreed upon percentage of the total purchase price of the Products purchased by a User redirected to the Platform by the Affiliate Link.
2. Affiliate shall be entitled to the commission for a given purchase only if the User makes such a purchase within 14 days from clicking on the Affiliate Link.
3. Affiliate will receive earning upon request of payment. This request can be made in the Affiliate Dashboard after the treshold of €8,00 is reached.
4. Until the Affiliate completes bengsproducts.com payment registration, they will be unable to receive their earnings. If Affiliate fails to complete the bengsproducts.com payment registration within 12 (twelve) months of the confirmation of Affiliate application date and ignores reminders to complete the registration, Bengs reserves the right to annul any earnings earned by the Affiliate during the participation in the Program.

5 Invoicing

1. Affiliate grants Bengs the right to generate invoice on the behalf of the Affiliate for each pay out of the earnings to Affiliate’s provided account. The invoice shall be issued to RIC 4 life B.V.  in the name of the Affiliate.
2. The invoice shall include personal and legal details (including VAT code where applicable) of the Affiliate as provided by the Affiliate during the set-up of the Affiliate account. Affiliate is solely responsible for providing correct and up to date invoicing details.
3. Affiliate remains solely responsible for any legal or tax duties related to receipt of payment from RIC 4 life for participation in the Program and provision of Affiliate Services, including, but not limited to:
   1. ensuring that the invoice generated by Bengs complies with Affiliate’s local tax and other laws;
   2. payment of value added tax (VAT), income tax or any other tax duties where applicable in accordance with applicable laws (including Affiliate’s local tax laws);
   3. obtaining necessary licenses or registrations for the provision of Affiliate Services if required by applicable Affiliate’s local laws.

6 Liability

1. The Affiliate shall be held liable for any damages or losses incurred by Bengs due to Affiliates actions or inaction in connection with participation in the Program, provision of Affiliate Services and these Affiliate T&Cs.
2. The Affiliate will indemnify and hold harmless Bengs from all liabilities, claims and expenses (legal fees included) resulting in particular from:
   1. breach of these Affiliate T&Cs, RIC 4 life T&Cs or any other contracts concluded between the parties;
   2. breach of the applicable laws, including local Affiliate laws and tax laws;
   3. infringement of intellectual property rights of RIC 4 life B.V. or any third parties.
3. The Affiliate acknowledges that gaining profit by the Affiliate as a result of his/her participation in the Program is not guaranteed. Bengs is therefore not liable for any losses, costs or expenses incurred by the Affiliate nor for not achieving an actual or anticipated income or profits by the Affiliate, as a result of his/her participation in the Program.
4. Unless the provisions of generally applicable law provide otherwise, Bengs liability towards the Affiliate is limited to an amount equal to the amounts of the earnings due to the Affiliate.

7 Proprietary rights

1. Affiliate may use the Bengs Resonant water trademarks (name and logo of Bengs Resonant water products) solely to create and use their own promotional content for provision of Affiliate Services, in accordance with these Affiliate T&Cs and the marketing guidelines and other instructions as Bengs may make available to the Affiliate from time to time, but subject to Bengs prior written approval of the promotional content Affiliate creates. Affiliate may not use such promotional content created by the Affiliate without Bengs approval. Affiliate grants to RIC 4 B.V. life a perpetual, worldwide, irrevocable, sublicensable, royalty-free license, during and after the term of the Program and this agreement, to reproduce, distribute, display, perform, modify and otherwise use any text, images, videos or other content (including promotional content) that you create or publish in connection with provision of Affiliate Services, for any marketing, promotional or internal business purposes, without attribution or further compensation to you.
2. Affiliate shall not use, distribute or modify any Bengs trademarks, text, images, videos, documents or other content of bengsproducts.com and associated social media chanels except in connection with participation in the Program and provision of Affiliate Services as permitted in the Affiliate T&Cs.

8 Personal data

1. Affiliate’s personal information and other personal data provided to Bengs during the participation in the Program is processed in accordance with the Privacy declaration.

9 Termination

1. Either party may terminate the agreement by informing the other party via email 30 (thirty) days in advance. If the agreement is terminated under this clause:
   1. Affiliate account shall be reverted to a normal bengsproducts.com User account;
   2. Affiliate Link shall be deactivated, and;
   3. Affiliate shall be entitled to receive any pending earnings in accordance with these Affiliate T&Cs.
2. If Bengs suspects or has reasonable proof that the Affiliate has engaged in illegal activities within the context of the Program, has breached these Affiliate T&Cs, or has otherwise damaged Bengs reputation and goodwill, Bengs has the right (with immediate effect):
   1. to suspend the Affiliate account (in such case the Affiliate Link is temporarily inactive);
   2. to disable and delete the Affiliate account (terminate this agreement);
   3. to suspend any withdrawals of Affiliate earnings until the situation is resolved;
   4. to unilaterally offset any pending earnings against any damages caused by the Affiliate.

Final conditions

1. Bengs reserves the right to change these Affiliate T&Cs at any time. Affiliates shall be notified via Affiliate Dashboard and/or email about changes to these Affiliate T&Cs 5 (five) days prior to the changes becoming effective. If the Affiliate does not agree with proposed changes, they shall have the right to terminate the agreement and withdraw from the Program.
2. Without the permission of Bengs, Affiliates have no right to transfer their obligations, claims or rights to third persons. Affiliates agree that RIC 4 life shall have the right to transfer its rights and obligations arising from the agreements to third persons. Bengs will inform of such transfer via email.
3. These Affiliate T&Cs and relations between Bengs and Affiliate in respect to the Program (including execution, validity, invalidity, implementation and termination of the agreement between Affiliate and Bengs) are governed by and interpreted in accordance with the laws of the Netherlands.
4. Any dispute, controversy or claim, arising out of or relating to the Program and these Affiliate T&Cs, their breach, termination or validity shall be subject to jurisdiction of the courts of the Netherlands.
5. In the event these Affiliate T&Cs are translated into other languages and if there are differences between the English version and such translation, the English version shall prevail, unless provided otherwise or unless such apparent inconsistency arises out of a difference in legal requirements in a specific jurisdiction
6. For any matters related to use of Bengsproducts.com which are not covered by Affiliate T&Cs, RIC 4 life T&Cs shall apply.