Commission Terms and Conditions
1. Purpose and Introduction
(a) These Volume Commission Terms and Conditions (“Volume Commission Terms”) create a framework for HipHopTeez’ Partners to earn an extra commission for achieving high sales volumes in a given time period. These Volume Commission Terms only have effectiveness to the extent that the Partner has entered into a Shop Contract with HipHopTeez to operate a shop.
(b) In these Volume Commission Terms:
(1) “HipHopTeez” means the HipHopTeez entity (either sprd.net AG, a German stock corporation, or HipHopTeez, Inc. a United States corporation) which is a party to a Shop Contract with the Partner;
(2) “The Partner” means a Partner with a unique Partner ID provided by HipHopTeez who has entered into a Shop Contract with HipHopTeez;
(3) “Shop” means an online custom merchandise interface with a unique Shop ID provided by HipHopTeez, which features HipHopTeez products for sale;
(4) “Shop Contract” means the underlying terms and conditions governing the Partner’s Shop(s), which may include HipHopTEez’ standard Terms and Conditions for Shops found on HipHopTeez’ website, or any other applicable contract between the Partner and HipHopTeez which govern the Partner’s Shop(s).
2. Volume Commission Rules
(a) Volume Commission Definition. Within a given accounting period, The Partner can earn a credit towards an extra affiliate commission in addition to the existing ordinary affiliate commission owed according to the Shop Contract. The Volume Commission for a given Accounting Period equals the Volume Commission Percentage set out in the table below under 2. (d) multiplied by the Net Product Revenue of Qualified Products ordered through the Shops of The Partner in that Accounting Period.
“Net Product Revenue”means the product-type retail price (basic price) for the unprinted HipHopTeez product plus retail printing price, deducted by (i) any discounts which apply to these price components (if discounts apply to the order of the Qualified Product, such discounts apply pro rata to the price for the unprinted HipHopTeez product plus printing price; absolute nominal discounts apply in the proportion of the individual product prices (plus printing) to the sum of all product prices (plus printing) in the order) and (ii) VAT, or other duties which apply to the price for the unprinted HipHopTeez product plus printing price; possible VAT deductions are subject to the tax evaluation of sale and delivery of the respective HipHopTeez product and the applicable VAT rate.
(b) Conditions. The Volume Commission is only available and owed for orders of Qualified Products (i) made in a Shop (or Shops, if they belong to a single Partner) (ii) using HipHopTeez’ standard price group.
(c) Accounting Period Definition. For purposes of calculating the number of Qualified Products ordered through the Shop(s) of The Partner, the relevant Accounting Periods are:
(i) the first Accounting period of each calendar month: the period between the 1st day of each calendar month midnight until 11:59 pm of the 15th calendar day of this month in the time zone of the HipHopTeez entity which is a party to the Shop Contract governing the Shop(s) in which the orders were made; and
(ii) the second Accounting period of each calendar month: the period between the 16th day of each calendar month midnight until 11:59 pm of the last calendar day of this month in the time zone of the HipHopTeez entity which is a party to the Shop Contract governing the Shop(s) in which the orders were made.
(d) Volume Commission Percentage Calculation. Each accounting period, HipHopTeez calculates the Volume Commission Percentage as follows:
|Qualified Products ordered through the Shop(s) of The Vendor (inclusive)||Volume Commission Percentage|
(e) Qualified Products Definition. For purposes of calculating the number of Qualified Products ordered within a specific Accounting Period, Qualified Products only include those ordered products for which, at the latest after 14 days after the close of the respective Volume Commission Accounting Period, (i) payment for the ordered HipHopTeez product is received at HipHopTeez, (ii) the ordered HipHopTeez product is shipped and (iii) the ordered HipHopTeez product has not been returned to HipHopTeez in accordance with applicable law or HipHopTeez’ return policy.
(f) Accounting and Payment Rules. The Volume Commission will be credited to The Partner after calculating the Volume Commission Percentage. The Partner receives no Volume Commission credit or may have a Volume Commission credit removed (or, in HipHopTeez’ sole discretion, offset in a later Accounting Period) for ordered HipHopTeez products, if (1) the customer cancels the order or requests a refund within HipHopTeez’ return policies or applicable law; (2) the customer’s payment is in default; or (3) there is a chargeback. Payment of the credited Volume Commission will take place according to the same rules as provided in the Shop Contract.
3. Other Rules
All definitions and terms of the Shop Contract are hereby supplemented by these Volume Commission Terms. To the extent that there is an inconsistency between these Volume Commission Terms and the Shop Contract, the Volume Commission Terms control. For clarification, these Volume Commission Terms apply separately to each Shop Contract and corresponding HipHopTeez entity which is a party to that Shop Contract, and therefore the Partner has no claims or rights at all against one HipHopTeez entity for sales and commissions earned according to a Shop Contract between the Partner and the other HipHopTeez entity by virtue of these Volume Commission Terms.