Referral Programme

One of the goals of Gothest is to build a dedicated community. Part of that involves giving back, so to increase the organic spread of our game, we’re paying you, our players, to help with this goal!

Here’s what you need to do to make money with Gothest:
1. Buy your Gothest Starter Deck.
2. Within 1 week of your purchase, you will be given a unique code for people to enter in the coupon code section at checkout. Share this code anywhere you like (social media, friends, family, &c.).
3. Any time a new customer uses your code at check out, 10% of their first purchase (pre- tax/shipping) will be rewarded to you via PayPal* after successful delivery of their shipment!

This offer is available for a limited time only, so get started now!

*: PayPal account required.

Important legalese:

Terms of Use – GOTHEST REFERRAL PROGRAMME

The following terms (the “Terms of Use”), entered into by and between yourself (“You” or “Yourself”) and Gothest (“Gothest”), govern Your participation in a marketing Programme that allows You to earn commissions on sales of Gothest products initiated via Codes You have shared (within the terms of the “Gothest Referral Programme”).

You acknowledge the acceptance of the Terms of Use by sharing in written format, spoken format or via any other means of transmission the code provided to You by Gothest, thereby assenting to these Terms of Use between Gothest and You (also referred to as “Agreement”).

1. Definitions

The following terms, when used in this Agreement, shall have the meanings described below:

a. “Artificial Traffic” is a collective term for invalid Clicks and Transactions, which may
originate (for example and without limitation) from automatic openings, spiders, robots,
requests in email or chat rooms, script generators and Clicks which are not generated
by a browser, Clicks which are not preceded by an active act of a Visitor who wants to reach a certain website.

b. “Click” means a click by a Visitor on a link You have placed connecting to the Linked Website.

c. “Code” means a code as provided by Gothest to you for use on the Linked Website and placed by you on a website you own or a third-party website.

d. “Linked Website” means the official Gothest website (www.gothest.com), featuring Gothest products and administered by Gothest, which is connected to Code. It does not refer to the Gothest app or any other store, online or otherwise.

e. “Transaction” means a Visitor who has connected to a Linked Website and who has signed up purchased 1 or more Gothest products featured on the Linked Website by using Your Code for their initial transaction.

f. “Traffic” is a collective term for valid Clicks and Transactions.

g. “Visitor” means any person who connects to a Linked Website.

2. The Service

a. Upon accepting these Terms and receiving Your Code, You shall be allowed to share Your code and become authorized to receive commission payments, subject to the request by You of being paid and to the satisfaction of Your obligations for being paid described hereafter (at article 3 subsection 18), for the first purchase sales of Gothest products to Visitors who purchase through Your Code, on the Linked Website.

b. Gothest reserves the right in its sole discretion to refuse admission to the programme to anyone and to modify, amend or change these Terms of Use at any time. Gothest will send to You the amended Terms of Use by E-mail. If, after 7 days following such a notice, You continue to participate in the Gothest Referral Programme, the amended Terms of Use shall be deemed approved by You.

3. Your General obligations

a. You are solely responsible to ensure that the websites used to share Codes in conform at all times to all applicable laws, rules and regulations, including but not limited to any copyright laws.

b. If You are an individual, You represent and warrant that you are at least 18 years of age. If You have not reached the age of 18, You are not allowed to enter the Gothest Referral Programme.

c. You represent and warrant that the information furnished to Gothest about Yourself is true, accurate, up to date and complete and you agree to update such information with Gothest as necessary to maintain its truth and accuracy. You must notify Gothest immediately of any changes in the information.

d. You represent and warrant that either the rights to all information and content on the website(s) you place Codes in belong to You, or that the owner of the website has given to You permission to such publication. You also represent and warrant that the information on Your website do not infringe any rights of third parties, including intellectual property rights, and that such information and productions are, and shall not be, offensive or prohibited.

e. You represent and warrant that You have all the rights of ownership on the PayPal payout address indicated as Your PayPal address.

f. You must not in any way generate or contribute to generating Artificial Traffic to Linked Website.

g. You must not interfere or disrupt any other person from using the Linked Website, including but not limited to by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature, or in any other manner encourage or facilitate violations of these Terms of Use.

h. You must notify Gothest immediately of any known or suspected improper or wrongful use of Your Code on the Linked Website and/or to the Gothest Referral Programme or of Gothest’s service in any way whatsoever.

i. You will not engage in typo-squatting or own a typo domain in conjunction with “Gothest” (e.g., Your domain names must not include or use “Gothest or misspellings of “Gothest”). Misspellings of domain names include those with missing or extra characters and wrong character sequences.

j. You must not own or place Links in a domain which includes the trademark of Gothest.

k. You must not operate or utilize a website, or E-mail a Code to such a website which contains or promotes any of the following types of content: illegal, violent, libelous, defamatory, obscene, abusive, hacking, bigoted, anti-brand messaging or that offer illegal goods or services.

l. You must not use or place Codes on copycat sites, sites under construction, doorway pages, sites or pages with automatic redirect.

m. Any content or images used from Gothest websites must be expressly allowed for use by the Gothest Referral Programme.

n. You must not place Codes in spam or unsolicited commercial E-mails. You warrant the following: (i) each addressee on an e-mail list has opted-in to receive E-mails from You; (ii) upon request You will provide verified opt-in status for recipients of mailing lists used to promote Gothest products; (iii) each E-mail sent by You must contain instructions to unsubscribe from receiving future E-mails. Your E-mail address must be included in all Your E-mails. You must not use the Gothest brand name or misspellings in the “From” address line.

o. If You place the Code into a visual, such visual shall (i) comply with the Gothest’s brand universe, (ii) not contain any illicit or degrading content and (ii) comply with any instructions provided by Gothest to You in writing or verbally from time to time.

p. You must not use adware/malware to place Code in.

q. You must not (i) bid for search engine traffic using the Gothest brand keywords “Gothest”, “Goth“, “Goth Card”, “Goth Point” or similar terms, or any misspellings of them, and (ii) place Codes on search engine advertising platforms such as AdWords or Bing Ads. You must endeavour to ensure that websites on which You placed Codes in remain below Gothest’s own paid search ads at all times on such search engine advertising platforms.

r. You are not allowed to place Code on couponing or cashback sites.

s. You are not allowed to broadcast to a similar audience Your Code.

t. You must not purchase Gothest products through any Code in the objective of getting a discount / retro-commission. For instance, and subject to Your providing the proof of the contrary, any bulk purchase made through Your Code will be deemed by Gothest as made in this objective, given that the Gothest Referral Programme is not meant for resellers.

u. When placing the Code into a content (banners, E-mails or any other advertising formats), You must ensure that this content is not misleading, aggressive or unfair. In particular, You shall ensure that information on the Gothest products, their prices or any applicable discounts, strictly complies with the latest information provided by Gothest to You. You warrant Gothest against any claim from any third party regarding such content.

v. You must use the Code only in the form in which they are provided by Gothest and, in particular, must not use URL reducers when placing the Code.

w. You shall not deviate from any of Your obligations as defined by this Agreement, without having obtained the prior written permission from Gothest.

4. Your obligations related to invoicing

In order to receive the commission payments for the accomplished Transaction, You shall:

a. Have reached the “Minimum payment” threshold of $1 and a minimum of 1 order generated by a third party using Your Code;

b. Click on a button, in view of materializing its option to be paid within eight (8) days, at least once in every twelve (12) months. Consequently You hereby acknowledge and understand Your primary obligation to exercise the option to be paid in order to be paid, in accordance with the foregoing, otherwise, as per article 6 subsection (d), the portion of the sum of commissions on Transactions generated before the past twelve (12) months for which You would not have exercised his option for being paid within 8 days will be brought down to zero;

c. Provide some additional information and documents regarding Your residence address or headquarters address (as relevant), on whether or not You are subject to VAT, GST or other sales taxes, and relevant identification number if any, and a copy of identification document, i.e. if You are an individual, official ID or passport, as well as, if address is different in these documents than residence address, a written proof of the residence address, and if You are an entity, a copy of the registration document (Kbis extract or equivalent) upon request;

d. Accept these Terms of Use;

and

e. Upon request issue a prior valid invoice in respect of the services performed and duly fulfilled by You. To this end, it being understood that this process has been set up solely as a platform intended to facilitate the relationship with those within the Referral Programme and to help them with the issuance of their invoices under their control, subject to the completion by themselves of any mandatory information, subject to their corrections of any erroneous information contained in the draft invoice that the helping platform has generated, and subject to their validation of that invoice as containing a true and complete information and as being their invoice. For the avoidance of doubt, it is further specified that it is Your responsibility to add in these invoices all VAT, GST or any other sales tax to be levied under any applicable laws on the affiliation services that You provide, and to remit such taxes to the appropriate tax authorities in a timely manner and following the proper return process. In no event Gothest is to be considered as having been mandated by anyone in the Referral Programme to do their invoicing or is in any manner whatsoever to be considered as responsible for the content of the invoices issued by them with the help of Gothest’s platform, and it is the responsibility of anyone who would generate their own invoices in their own invoicing system to send these invoices to Gothest on the dedicated invoicing platform. You agree in advance that if Gothest considers the invoice received by him as invalid, the document generated with the help of Gothest’s platform will be considered by the parties as the invoice received by Gothest from You.

5. Obligations of Gothest

a. Gothest undertakes to execute payments to You in accordance with these Terms of Use.

b. Gothest records the Transactions, and You acknowledge and accept that the statistics compiled by Gothest on this basis are binding and shall serve as official and definitive data between the parties, except where You can prove that such statistics are not accurate and correct.

6. Remuneration

a. Subject always to Your obligations under articles 3 being satisfied, for each Transaction, You will earn a minimum 10% commission of the pre-tax sales price (Code is not applicable during sales periods or in conjunction with other discounts, and compensation excludes VAT, GST and similar sales taxes and shipping/handling/delivery costs) as actually paid by the Visitor, provided that the payment is requested and the conditions provided for hereafter are satisfied.

b. A Transaction is considered valid when a Visitor receives their order. In case the Visitor requests a refund for any legitimate reason, after Gothest paid You commissions owed in connection with such orders, the amounts paid to You on the basis of these orders will be deducted from the next payments owed to You.

c. The commission rate may be changed by Gothest with 10 (ten) days’ notice with effect from the 11th day (or at a later date if so specified by Gothest).

d. Subject always to Your obligations under articles 3 and 4 being satisfied, payment of remuneration will be made to You if, prior to the payment date, the sum of the commission on Transactions generated for the past 12 (twelve) months exceeds the “minimum payment” threshold of $1 and a minimum of 1 order has been generated since the creation of the account. The portion of the sum of commissions on Transactions generated before the past twelve (12) months for which You would not have exercised Your option for being paid within 8 days will be brought down to zero. Gothest reserves the right to delete an any account which would not have generated Transactions for the past 12 (twelve) months or for any other reason at their discretion.

e. Subject always to Your obligations under articles 3 being satisfied, to You being registered within the Referral Programme by Gothest, and to the conditions of article 4 being met, payments will be made via PayPal by Gothest, within a maximum delay of 60 (sixty)-days starting on the date of such conditions being met.

f. For the avoidance of doubt, it is clarified that no payment will be made for (i) Transactions carried out further to Artificial Traffic and/or more generally (ii) Transactions carried out in violation of any provision of these Terms of Use and in particular of article 3 and/or (iii) Transactions which Gothest has reasons to believe are irregular.

g. You are solely responsible for the payment of all taxes for payments made to You within the Gothest Referral Programme.

7. Limits on Gothest’s Liability

Gothest shall not be liable for costs and damages incurred by You arising out:

a. Of this Agreement unless caused directly by the negligence of Gothest in providing its service. In the event that Gothest is liable for any of the aforementioned costs or damages, in no event shall Gothest’s cumulative liability exceed the payments made to You pursuant to these Terms of Use. Gothest shall not in any circumstances be liable for indirect or consequential damages and costs incurred by You for any reason whatsoever.

b. Gothest will not be liable in case of failure of the Linked Website, interruptions in the accessibility to the Linked Website, infringements on data or loss of data on the information handling system, defects in the security system or viruses or other harmful software components in the Linked Website or for any damage caused by viruses or components to Your software and/or Your website. Gothest shall not be liable for any error in the implementation of the Code You place on websites or for the specified function of the Links.

c. You are solely responsible for the login IDs and passwords created for Your participation in the Gothest Referral Programme.

8. Term and Termination

a. These Terms of Use shall be effective upon Your sign-up and shall remain in effect until terminated, subject to the provision of article 12 (a).

b. You can terminate Your participation at any time by no longer sharing Your Code and sending an E-mail to Gothest at information@gothest.com.

c. Gothest can terminate this Agreement with You or with all participants in the Referral Programme at any time at their discretion.

f. You must cease to use the Gothest Referral Programme immediately upon the termination of this Agreement and delete all Codes that You have placed on websites.

g. If Your participation in the Gothest Referral Programme is terminated by either party, Gothest will pay any outstanding amount due to You as normally scheduled (except for the payments which are not owed to You on the basis of article 6 of these Terms of Use).

h. Gothest is entitled to terminate the Agreement and/or suspend You from the Gothest Referral Programme, with immediate effect, (i) if You act fraudulently or illegally in any way, (ii) if You generate or try to generate Artificial Traffic or broadcasts to a similar audience a Code, or (iii) if You in any other way breach any of the provisions of these Terms of Use and in particular but without any limitation their article 3.

9. Indemnity

a. You (and any third party for whom You operates a website that links to the Linked Website) shall indemnify, defend and hold Gothest and each of their officers, directors, members, employees, affiliated entities, subcontractors and agents harmless against any claims, losses, damages, expenses (including reasonable attorneys’ fees) arising out of a breach by You of these Terms of Use, an actual or alleged infringement of a person’s intellectual property rights by You, of the contents of Your website, of any incorrect information given to Gothest by You (in particular, information given under article 4 of these Terms of Use), of Your improper, negligent or unauthorized use of Gothest’s interface and technical problems or loss of data caused by You on Gothest’s website, or of any promotion related to Gothest products that You administer on Your website or any other platform.

b. You shall cooperate as fully required by Gothest, as applicable, in the defence of any such claim.

c. Gothest reserves the right to assume the exclusive defence and control of any matter subject to indemnification by You, and You will not settle any claim without the prior written consent of Gothest (which shall not be unreasonably withheld).

10. Assignment of the Agreement

a. You may not assign or transfer Your rights or obligations under these Terms of Use in whole or in part to any third party without the prior written consent of Gothest.

b. You acknowledge and agree that Gothest may assign its rights and obligations under these Terms of Use and share or transfer information provided by You during sign-up or Your sales statistics to a third party.

11. Intellectual Property Rights

You acknowledge and agree that Gothest owns all copyrights, trademarks, know-how or any other intellectual property rights connected to the Gothest Referral Programme, including but not limited to the content of Gothest’s website, or software necessary for Your participation in the Gothest Referral Programme. You do not acquire any intellectual property rights, licenses or any rights whatsoever under these Terms of Use other than to use a Code to Linked Websites in accordance with these Terms of Use.

12. Miscellaneous

a. Any provision of these Terms of Use that contemplates performance or observance subsequent to termination or expiration of these Terms of Use, including but not limited to articles 7 and 9 of this Agreement i, shall survive termination or expiration of this Agreement and continue in full force and effect.

b. The sole relationship between Gothest and You shall be that of independent contractors and nothing in these Terms of Use shall constitute or be interpreted as constituting or creating a subordination relationship or a joint undertaking. In particular, neither of the parties shall be able to purport, based on these Terms of Use, that it is an agent, a representative or an employee of the other party, or that it may bind the other party, in any manner whatsoever.

c. Would any provision of these Terms of Use or part thereof to any extent be or become invalid or unenforceable, such provision shall then be deemed separable from the remaining provisions of these Terms of Use and shall not affect or impair the validity or enforceability of the remaining provisions of these Terms of Use. No waiver by Gothest of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Gothest to assert a right or enforce provision under these Terms of Use shall not constitute a waiver of such right or provision.

13. Applicable Law and competent jurisdictions

a. This Agreement shall be governed by the laws of California.

b. Any dispute regarding the validity, interpretation, execution, termination, or nullity of these Terms of Use, or the breach of the business relationship, will be exclusively settled, if it cannot be resolved amicably, by the courts within the jurisdiction of the state of California, even in the case of plurality of defendants or of call in guarantee.