These Partner Terms apply to participation in the referral programme of the Merchavio platform operated by Philippe Ramón Hamerla, Agiou Georgiou 2-4, 8220 Chlorakas, Paphos, Cyprus (“we”). We are the partner’s contracting party; participation takes place via the partner portal. The General Terms and Conditions apply in addition; in the event of conflict, these Partner Terms prevail.
Only businesses that use the programme in the course of their commercial or self-employed professional activity may participate (see section 9). By joining the programme, the partner confirms that they have read and accept these terms.
There is no right to participate. We may refuse an application, in particular if the partner’s advertising environments are not compatible with section 6.
Merchavio platform: 25% (tier 1) of the net platform revenue from each referred paying seller (subscription amounts paid and sales fees collected, after discounts and excluding VAT). The referrer of the referrer additionally receives 5% (tier 2). There are no more than two tiers in this programme.
Creator deals: if a partner pays a creator, the creator’s share is taken exclusively from the partner’s tier-1 share (e.g. 25% → 20% partner + 5% creator). The downstream tiers remain unchanged.
The net amount actually received is always decisive; no commission arises on VAT or discounts granted. During discount campaigns, the commission is correspondingly lower.
Commission arises exclusively from actual payments by referred customers for real products. There is no pay for merely recruiting further partners and no per-head or sign-up bonuses. Participation or a higher tier does not require any own purchase or stock purchase.
Commission requires that the referred seller registers via the personal partner link or partner code and that the attribution is technically recorded. The last click counts: the partner link used last within 90 days before registration is decisive.
Storing the partner code in the visitor’s browser requires the visitor’s consent. If the visitor has not consented, the attribution is only recorded if the registration takes place without reloading the page. There is no right to attribution without technically recorded data; we do not estimate or reconstruct attributions.
Each account is attributed to exactly one partner. It is not reassigned to another partner afterwards.
The partner clearly labels every advertisement for Merchavio as advertising so that it is recognisable at first glance, directly next to the link or at the beginning of the post, video or stream (e.g. “Ad” or “Advertisement”). Notes such as “affiliate”, “partner link” or an asterisk without explanation are not sufficient on their own. The label is in the language of the advertisement and visible on all devices.
Statements about Merchavio must be true, current and verifiable. The partner may only present prices, features, trials and promotions as published on merchavio.com. The partner presents their own experience as such.
The partner complies with the rules applicable in their country and in the countries of their audience, in particular on labelling advertising, unfair competition, trademark law and data protection. If the partner uses tracking or cookies on their own sites, they obtain the required consents themselves.
We may require the partner to change or remove advertising that violates these terms within a reasonable period. On request, the partner tells us where they advertise Merchavio.
The following methods are prohibited:
Any violation of section 5 or section 6 is a material breach of contract. We respond in a graduated and proportionate way:
In the case of fraud, forced or fake clicks (section 6 letter d), deception about identity (letter c), self-referral (letter i) and serious or repeated violations, we may skip individual steps.
We communicate every measure in text form with reasons. The partner can object via the point of contact; we examine the objection promptly and reply with reasons.
Settlement takes place exclusively by self-billing credit note (§ 14(2) sentence 5 of the German VAT Act, UStG): we issue a credit note for each payout; the partner does not issue their own invoices. The credit note is delivered electronically (email and partner portal); the partner may object to a credit note within 30 days.
Anyone who receives commission repeatedly acts as a business for tax purposes; participation as a “private individual” is not possible. Before the first payout, complete and correct information must be provided in the portal: name/company, address, country of tax residence, tax status (German standard-rated business, small business under § 19 UStG, EU business with VAT ID, third country), tax number or VAT ID, and payout method.
For small businesses, no VAT is shown on the credit note (note under § 19 UStG); this avoids an incorrect VAT statement under § 14c UStG. For EU businesses with a valid VAT ID and for businesses from third countries, the reverse charge mechanism applies. Changes of status must be reported without delay. The partner is responsible for paying tax on their commission.
Payouts are made from a balance of €50, at the earliest 30 days after the end of the month in which the commission was earned (holding period). In the event of a refund, chargeback or payment default of an underlying payment, the commission attributable to it is reversed across all tiers, if necessary by offsetting against future commission or by reclaiming it.
If we change commission rates or programme conditions, the changes only apply to customers referred afterwards; for customers already referred, the conditions promised at the time of referral remain in place.
For the duration of participation, we grant the partner a simple, non-transferable right, revocable at any time, to use the name “Merchavio” and the logos and advertising material we provide, unchanged and exclusively to promote Merchavio in accordance with these terms. The partner receives no further rights.
The right of use ends automatically when participation ends, for whatever reason. The partner then removes logos, advertising material and partner links within 14 days or changes them so that no impression of a continuing partnership arises.
Each party is itself responsible for the personal data it processes in the course of the programme. We process the partner’s data to run the programme (Art. 6(1)(b) GDPR) and to comply with tax obligations (Art. 6(1)(c) GDPR); details are set out in the Privacy Policy.
About referred sellers, the partner sees in the partner portal only the information needed for a traceable settlement: shop name, partially masked email address, registration date, plan and status, and the resulting commissions. The partner uses this information exclusively to check their settlement, does not pass it on and does not use it for advertising.
The partner indemnifies us against third-party claims, including reasonable costs of legal defence, based on the partner’s advertising or on a breach of these terms, unless the partner is not responsible for the breach.
Section 12 of the General Terms and Conditions applies to our liability.
Participation is free of charge and for an indefinite period. The partner can terminate it at any time without notice; text form is sufficient (an email to the point of contact will do). We can terminate participation with 30 days’ notice; the right to terminate for good cause, in particular under section 7, remains unaffected. Terminating the user relationship also ends participation.
After participation ends, no further commission arises for payments by referred customers received later. Commission already earned and not reversed is settled and paid out under sections 8 to 10.
If participation ends because of a violation of section 5 or section 6, only the commission from transactions based on the violation lapses; the previous paragraph applies to all other commission.
We may change these terms with effect for the future if there is an objective reason. We inform the partner of the content of the changes in text form at least 30 days before they take effect. The changes are deemed accepted unless the partner objects in text form before they take effect; we point out this consequence, the right to object and the deadline separately in the notice. Instead of objecting, the partner can terminate participation without notice before the changes take effect.
Section 11 applies to commission rates for customers already referred.
The law of Cyprus applies, excluding the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction for disputes arising from participation is Loulé, Portugal, to the extent permitted by law.
Participation in the partner programme does not create any entitlement to specific income. Earnings depend on the partner’s own efforts and other factors; we do not promise any specific results.