Terms and conditions of the 26 SPIRITS OF SWITZERLAND’s ambassador program

These are the terms and conditions you must agree to in order to become an ambassador and benefit from the 26 SPIRITS OF SWITZERLAND’s Ambassador Program offered by My Maracuja Sàrl, a company incorporated and existing under the laws of Switzerland, located rue Louis-Curval 4 , 1206 Geneva and registered under CHE-327.992.271 by the Commercial Register of the Canton of Geneva (“My Maracuja”).

1. Object

The purpose of the 26 SPIRITS OF SWITZERLAND’s Ambassador Program is to offer to registered members (individually an “Ambassador”), against the payment of a bonification, the possibility to refer the watch products commercialized by My Maracuja under the trademark 26 SPIRITS OF SWITZERLAND (the “Trademark”) (the “26 SPIRITS  OF SWITZERLAND’s Ambassador Program”).

2. Registration

Membership to the 26 SPIRITS OF SWITZERLAND’s Ambassador Program is available to customers who at the time of registration are at least 18 years old. The membership is complimentary. My Maracuja reserves all rights to refuse any membership application on a discretionary basis.

Membership registration is made in writing by submitting the online application form from the 26 SPIRITS OF SWITZERLAND website. You are kindly required to submit the following information in support of your membership application:

• First and last names
• Date of birth
• Email address
• Address and Country of residency
• Short description of why you wish to become an Ambassador of 26 SPIRITS OF SWITZERLAND.

By applying to the 26 SPIRITS OF SWITZERLAND’s Ambassador Program, you hereby declare that (i) these information are truthful and accurate, (ii) you are above 18 years old and (iii) you are not affected by any cause of incapacity that would by law forbid you or restrict in any way your right to be bound under the present terms and conditions.

3. Discount Advantages and Bonifications

The Ambassador receives from My Maracuja four coupons granting four different categories of discounts on the 26 SPIRITS OF SWITZERLAND’s watch products pursuant to the chart below. The Ambassador may allocate to each new customer one and only one of the discounts offered by a coupon. The coupons have an unlimited period of validity but shall only apply once for each new customer.

In consideration of any new purchase of a 26 SPIRITS OF SWITZERLAND watch product allowed by the Ambassador’s referral, My Maracuja shall pay to the Ambassador a bonification in cash pursuant to the chart below (the “Bonifications”).

My Maracuja hereby expressly reserves the right to modify unilaterally at any time and without justification the applicable discount and bonification rates. Such changes will apply subject to a month for the end of the month notice period.

The actions performed by the Ambassador will not give rise to any other remuneration of any form whatsoever but for the ones expressly mentioned under the present section.

4. Payment terms and invoices

The Bonifications are paid to the Ambassador on a monthly basis via WISE, an online secured payment platform (we hereby refer you to WISE’s terms and conditions).

The Bonifications are paid in Euros 30 days upon issue of a credit note by My Maracuja at the end of each month, provided that the time period during which a consumer has the right to return a watch product under the applicable consumer law provisions has previously expired.

At any time, the Ambassador will be entitled to request from My Maracuja a statement of account identifying all the transactions concluded through the 26 SPIRITS OF SWITZERLAND’s Ambassador Program.

5. Ambassador’s undertakings

The Ambassador undertakes as follows:

• Not to sign or execute any document (of any type whatsoever) on behalf of, or represent in any way whatsoever, My Maracuja or any of its affiliates and subsidiaries.
• he will not use for his own benefit, divulge or disclose to anyone, except as specifically requested by the Company, any information relating directly or indirectly to My Maracuja, its business, its customers, its suppliers, its service providers, its directors or its shareholders that is not already lawfully available to the public or generally ascertainable by the public or published information or trade sources (“Confidential Information”), including but not limited to any products, product development, business strategy, financial information or customer, supplier or employee lists. Confidential Information also includes, without limitation, any technical data, design, pattern, formula, computer program, source code, object code, algorithm, subroutine, manual, product specification, or plan for a new, revised, or existing product, any business, marketing, financial, or sales order; and the present or future business or products of the Company.
• Not to offer more than one discount to any new enrolled customer;
• Not to perpetuate or facilitate any fraud or commit any crime while performing its undertaking under the present terms and conditions. Especially, the Ambassador will ensure that that the customers enrolled through his intervention are not participating to any criminal offense or misdemeanor including but not limited to fraud, embezzlement, money laundering or corruption. In such case, the Ambassador will be immediately and irrevocably excluded from the 26 SPIRITS Ambassador Program and will loose its right to any unpaid Bonification at the time of termination.
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6. Term and Termination

The 26 SPIRITS OF SWITZERLAND’s Ambassador Program begins as soon as you receive a written confirmation by email that you have been admitted as a registered Ambassador.

The 26 SPIRITS OF SWITZERLAND’s Ambassador Program is concluded for an indefinite period of time.

Your membership and entitlement to associated advantages and services automatically expire if you do not complete any transaction during six consecutive months.

You may end your membership in the program at any time, without notice. You will need to do so by email to My Maracuja (see Item 14 “Contact”). 

My Maracuja may close the 26 SPIRITS OF SWITZERLAND’s Ambassador Program at any time, with 1 month’s notice.My Maracuja may give this required notice by publishing it in the member’s newsletters, or on our internet homepage.

My Maracuja can terminate with immediate effect your membership without notice and without providing reasons in the event of a breach of any of the provisions of the present terms and conditions.

7. No assignment

You cannot transfer your membership and the associated benefits and services to anyone else.

8. No employment, no agency and no partnership agreement

Nothing under the present terms and conditions shall be construed or have the effect of constituting the relation of an employer and employee or an agency relationship between My Maracuja and the Ambassador.

Under no circumstance will the Ambassador be allowed to negotiate or engage any discussions, binding or not, on behalf of Maracuja. The Ambassador’s role is merely to refer the watch products commercialized by My Maracuja under the Trademark.

The present terms and conditions shall under no circumstances be construed as establishing any form of partnership, company or venture between the Ambassador and My Maracuja.

The Ambassador shall have no claim whatsoever on the clients referred by him to My Maracuja which shall remain part of My Maracuja’s goodwill at the exclusion of any rights the Ambassador may have and that he hereby irrevocably waives.

The Ambassador further certifies that he is legally entitled and duly authorized to carry the business described under section 1 pursuant to the laws applicable in his country of residence.

9. No exclusivity and Non-Compete

The relationship established under the present terms and conditions is non-exclusive. Both My Maracuja and the Ambassador are free to work with other Ambassadors or other trademarks, even those active in the watch manufacturing and distribution industries.

The Ambassador by accepting the present terms and conditions however expressly certify that he is not bound by any non-compete obligation that would prohibit or limit it right to participate to the 26 SPIRITS OF SWITZERLAND’s Ambassador Program.

The Ambassador hereby expressly accept to guarantee and hold My Maracuja harmless of any claim that any third party may have as a result of the infringement of a non-compete engagement.

10. Intellectual property

My Maracuja has an exclusive ownership right over the Trademark, the brands, the designs, patterns and patents over its watch products, images, logo, photos and texts published on its website. All these rights are hereby expressly reserved. The Ambassador shall be authorized to refer to the Trademark for the sole purposes of performing its obligations under the 26 SPIRITS OF SWITZERLAND’s Ambassador Program. All of My Maracuja’s intellectual property rights are otherwise reserved. The Ambassador is therefore strictly forbidden to copy, reproduce, republish, download, send, broadcast, transmit, communicate to the public in any way without the express authorization of My Maracuja.

11. Tax

The Ambassador shall remain solely responsible for all taxes in respect of the Bonification paid hereunder (including but not limited to any income or other tax, any value added tax and National Insurance Contributions or other deduction or any equivalent or similar taxes in any jurisdiction).

12. Data Protection Declaration

My Maracuja cannot grant you membership under the 26 SPIRITS OF SWITZERLAND’s Ambassador Program, if you do not provide us with the information mentioned under section 2 at the time of application. As an Ambassador, you accept that My Maracuja will store your personal data and use it to manage its own database of members, as well as for its own communication purposes. Please refer to a Privacy Policy for more details.

You can, at any time, choose to have your personal data removed after registering for the 26 SPIRITS OF SWITZERLAND’s Ambassador Program. You can also stop us from sending promotional direct mail or emails to you, even if you have previously asked to receive them from us (see Item 14: “Contact”).

13. Applicable law and Jurisdiction

Swiss law applies the interpretation of the present terms and conditions.

The Geneva Courts will have exclusive jurisdiction over any dispute arising out or in connection with the present terms and conditions, the right to appeal before the Federal Tribunal being expressly reserved.

14. Contact

If you have questions regarding the the 26 SPIRITS OF SWITZERLAND’s Ambassador Program, please contact us: 

E-mail: contact@26spirits.ch