Terms & Conditions
30 Day Money Back Guarantee
With a 30 day money back guarantee you have more than enough time to get the full picture of the products performance and start enjoying it.
In case you don't love it contact us and follow our returns procedure within 30 day period of first attempt of delivery to be eligible for the Exchange or Refund. Used products in our shop are not under 30 day money back guarantee unless stated otherwise. Note: We do not offer free returns. Return shipping-cost should be payed by the customer. Also the refund will not include order shipping costs. Before sending the club back please contact us about the return, otherwise we won't know about the return and the club won't be accepted from the courier service provider. If you don't contact us for the return before sending the club back you're not eligible to receive a refund. If you want to read more scroll down to our Returns Policy.
In addition to the 30 days grace period for normal returns, and a return period for faults, we also honor manufacturers’ quality warranties which are typically 12 months. If you wish to return a product that has developed a fault in the first 12 months, please read more in our Returns Policy.
(Updated 13th October 2015)
- Order Process
- Returns, Cancellations and Substitutions
- Liability and Indemnity
- Miscellaneous Provisions
- Returns policy
- Affiliate terms of service
1.1 We reserve the right to change these terms and conditions at any time. Any such changes will take effect when posted on the website (see date at the top) and it is your responsibility to read the terms and conditions on each occasion you use this website and your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions.
1.2 If you are purchasing on behalf of a business, you must confirm that you have authority to bind said business on whose behalf you act, in using this website.
2. Order process
2.1 Please take steps like it's written; go to shop section or click a shop now button. All orders that you place on this website will be subject to acceptance in accordance with these terms and conditions.
2.2 The 'confirm order' stage sets out the final details of your order. Following this, we will send to you an order acknowledgement email, letting you know that your order had been received, stock is being re-checked and that we intend to process a payment from you. Please note that this email is not an order confirmation or order acceptance from MorshGolf.
2.3 Acceptance of your order, and the completion of the contract between you and us, will take place on dispatch of the products ordered from us to you, unless we have notified you that we do not accept your order, or you have canceled it (please refer to our Guarantees and Returns Policy).
2.4 We do not file details of your order for you to subsequently access direct on this website, and therefore, please print out these terms and conditions and the order acknowledgement for your own records. If you wish to obtain specific details of your previous orders please Contact Us
3.1 All goods must be signed for by an adult aged 18 years or over on delivery. Minors under 18 years old can only use our services with the prior consent of their parents or guardians.
3.2 Delivery charges and estimated timescales are specified in Delivery section, and also when you place an order. We make every effort to deliver goods within the estimated timescales, however delays are occasionally inevitable due to unforeseen factors affecting us or the third-party couriers we use. MorshGolf shall be under no liability for any delay, or failure, to deliver the products within estimated timescales.
3.3 Once a tracking number has been emailed to you it is your responsibility to monitor and track the status of your parcel. If you notice any problems, for example - Address Not Found, Failed Delivery, Recipient Absent, etc, then please contact us immediately so we can assist with the resolution. Failed-delivery parcels are normally held at a local depot for a maximum of five days before returning back to us. It is therefore your responsibility to contact us in good time to advise us of this situation in order to stop any return. We take no responsibility for parcels returned to us after successive delivery attempts and any return charges will be passed to you.
3.4 If the package has not been accepted, or rejected outside the valid reasons stated in 3.3, during delivery, the respective courier will make a return charge to MorshGolf. This charge will be required to be paid before processing a redelivery, or will be retained if order has been cancelled.
3.5 In the event where deliveries have failed due to incorrect address specified or if no one is available to accept delivery at time when courier attempts to deliver goods, the courier will hold the goods at their depot for a small period of time (anytime between 2-5 days). If a card has been left by the courier requesting you to contact them, you are requested to contact them to arrange a re-delivery at same address at a suitable time. Failure to do so quickly (normally within 2 working days) may cause the parcel to be returned back to us. Although every effort is made to ensure goods are delivered to you in good time and at address specified, certain circumstances may fail deliveries (for e.g. unable to find address or no one to accept parcel etc). In order to solve such problems during delivery or if you wish to advise us of change of delivery address after goods have been shipped, you are requested to contact us on first occasion. Normally a charge is incurred for amendments of delivery addresses, which can be accepted by yourself or you may simply arrange to collect the goods from the courier depot where possible without any charges. Failure to do so or if you advise a change of address directly with the courier without notifying us will incur an additional charge which will be passed on to you unless we have already authorized this change with the courier.
3.6 Upon delivery it is your responsibility to check package and its contents thoroughly. If you notice any signs of security tape damage, theft or attempt for theft, damage of goods or any unacceptable condition of package and its contents you are requested not to accept the package. If you are willing to accept the package then you are requested to sign on the delivery note what you have noticed for e.g. Goods Damaged or Theft Attempt etc. Please note: failure to comply with these terms will prevent you making any claims against the above conditions and credit will not be issued.
3.7 Risk of loss and damage to products is passed on to you on the date when the products are delivered, or on the date of first attempted delivery by us.
4.1 Prior to taking payment from your card, we implement a card and stock verification process, to ensure that the request for goods is genuine and that we have confirmed stock availability. All goods are subject to availability. In the event that we are unable to supply the goods, we will inform you of this as soon as possible. A full refund will be given where you have already paid for the goods and if no goods have been already dispatched. Refund of payment does not apply to personalized, custom-made or custom fitted goods.
4.2 While we try and ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price, or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel, and you have already paid for the goods, you will receive a full refund.
4.3 Payment can be made by any method specified in Payment Methods. For information about secure on-line ordering see Privacy
4.4 All prices include VAT (where applicable) at the applicable current rates but exclude delivery charges, unless expressly stated. For further details, including Express delivery charges, see Delivery.
4.5 Please note the VAT rate shown (where applicable) is local to Slovenia. This rate (and the final price you pay) may change if your order is being shipped to another country, as we may be obliged to charge VAT at the local rate in your country of destination.
As per local Customs and Excise regulations, any delivery to EU countries whereby we have passed the VAT threshold limit the order will be subject to the standard local VAT rate of that country. The final cost of your order will be altered to reflect this.
5. Returns, Cancellations and Substitutions
5.1 We offer a 30 day money back guarantee, please refer to Guarantees and Returns Policy. Some products are excluded from the 30 Day Money Back Guarantee. These would normally include personalized products and used demo products. In addition, all MorshGolf products are guaranteed against manufacturing defects for a maximum of 12 months but excludes wrong product usage. Your statutory rights are unaffected.
Before returning the product the customer must contact MorshGolf about the issue and request a return approval from our support. If the club is returned without the return approval MorshGolf can decide if the customer can request a refund or product replacement.
Before returning the product the customer must contact MorshGolf about the issue and request a return approval from our support. If the club is returned without the return approval MorshGolf can decide if the customer can request a refund or product replacement.
Shipping costs are not a part of the refund, also the refund is always given on the basis of the purchased product.
5.2 Sometimes the product specifications from the manufacturer may change, in which case we will do our best to offer you a substitute of the same or better quality at the same price. If you are not happy with the replacement you can return it in accordance with our 30 day money back guarantee. Where applicable, you may cancel your order in accordance with your rights under the Distance Selling Regulations (see the Guarantees and Returns Policy page for further details). Please note any courier charges will be retained where the fault has not been or resulted from MorshGolf.
5.3 All sizes and measurements are approximate. We strive to describe dimensions as accurately as possible, but fit variances can occur from person to person.
5.4 Please note that faulty or defective items highlighted to us after the 30 Day Money Back Guarantee time will not be eligible for a refund. MorshGolf will replace or exchange all faulty products in accordance with the manufacturer’s warranty. If the identical size or model is no longer available then we will exchange for an equivalent make/model or offer you credit vouchers which can be used to purchase products from our website. See section 5.7 for information on how guarantees work on returned products.
5.5 If you receive goods that you feel are not as stated, do not satisfy your requirements, or are not up to your standards (for example, superficial marks on packaging or product, dust etc) we are happy to offer a refund on the value of the goods. To claim this you must advise us of this within 30 days of delivery, and ensure we receive your goods back in the original condition they arrived in. Please note that all delivery costs already incurred will be retained before passing refund. Please note that we offer a discounted shipping rate structure to offer you great value, and in order to continue doing so, we are unable to pass you a full refund, as the actual shipping cost will be retained before passing refund. If the replacement has been made and the customer wants a refund in the correct time period, the refund is always based on the original purchase value and its invoice number.
5.6 Although every effort is made in checking all goods before dispatch, on some very rare occasions we may mistakenly ship an incorrect product, or one with a fault we did not catch due to the level of packaging that comes with new products. If this has happened to you, we apologize in advance and request your co-operation in helping us resolve this.
Once an incorrect or faulty delivery has been received it is your responsibility to complete the online returns procedure (after which further instructions will be emailed back) or to advise us of this within 7 working days after delivery. Once a return-request has been accepted, you are requested to send goods back to us (via your local post-office or courier or whichever more cost-effective). The return-shipping is buyers cost. If the cost of sending goods back to us is reasonably high, then we request that you contact us so that we may offer our resources in getting the product back to us in a cost effective manner. We will do our level best to compensate you for your costs in form of goods or gift vouchers, however we regret to advise you that we are unable to compensate you fully where the cost of return is not viable.
5.7 Although we stock the best quality products, sometimes faults may be discovered after purchase. MorshGolf offer a guarantee against manufacturer faults for a maximum of 1 year from the date of first delivery. You must consider that manufacturer guarantee covers only faults and defects of manufacturing process, but not shipping damages or damages due to inappropriate use. If you discover any faults, contact us on firstname.lastname@example.org and we will get back to you. After that, faulty products are required to be sent back for fault examination. If a genuine manufacturer fault is established, we will send the replacement that may be either repaired or exchanged. If an identical replacement is not available, we will offer an alternative product of similar value. However if for any reason you are not happy to take the replacement, we will offer you eVouchers that may be used to purchase goods from our website. To avoid doubt, all products exchanged, swapped, or purchased with eVouchers (only applies to vouchers issued from a return), will be guaranteed for only the balance of the initial 12 month period.
5.8 Most manufacturers will void the product warranty if it has been altered in any way. For example if the shaft of the club has been altered, or if the product has been altered without our consent. Due to the high technical nature of golf clubs, most manufacturers will only cover you against manufacturer defects if they have been customized by the manufacturer or through MorshGolf. In our experience, we have found that use of unauthorized fitting centers or inexperienced club-fitters could result in a poor quality product, and therefore more likely to attain a defect. Also for example, if you hit the ground so much the club broke, it is likely that the manufacturer guarantee won’t cover that because of inappropriate use.
6. Liability and Indemnity
6.1 Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited, or excluded under applicable law.
6.2 Subject to Section 6.1 above, MorshGolf will use reasonable endeavors to verify the accuracy of any information on the site but makes no representation or warranty of any kind express or implied statutory or otherwise regarding the contents or availability of the site or that it will be timely or error-free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the website. MorshGolf will not be responsible or liable to you for any loss of content or material uploaded or transmitted through the website and MorshGolf accepts no liability of any kind for any loss or damage from action taken or taken in reliance on material or information contained on the site.
6.3 Subject to Section 6.1 above, other than as expressly provided in these terms and conditions with respect to specific products and except for the exclusive remedies set out at Section 5 above, any indemnities, warranties, terms and conditions (whether express or implied) are hereby excluded to the fullest extent permitted under applicable law.
6.4 Subject to Section 6.1 above, MorshGolf will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· economic losses (including without limitation loss of revenues, data, profits, contracts, business or anticipated savings); or
· loss due to currency exchange-rate fluctuations (we take payment in Euros and currency exchange rates fluctuate constantly in which case we cannot be held liable for loss of value in foreign currency during payment authorizations and refunds as value will remain the same in Euros ); or
· loss of goodwill or reputation; or
· special or indirect losses
suffered or incurred by that party arising out of, or in connection with, the provisions of any matter under these terms and conditions.
6.4 Notwithstanding the above, subject to Section 6.1 MorshGolfs’ aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
6.5 This clause 6 does not affect your statutory rights as a consumer, nor does it affect your contract cancellation rights.
6.6 We will take all reasonable precautions to keep the details of your order and payment secure, but, unless we are negligent, we cannot be held liable for any losses caused as a result of unauthorized access to information provided by you.
7. Miscellaneous Provisions
7.1 The contract between us shall be governed by the laws of Slovenia and any dispute between us will be resolved exclusively in the courts of Slovenia. English or Slovenian are the only language offered for the conclusion of the contract.
7.2 We have selected our products on the basis that they will be used for domestic use only. If you are planning to use them for business purposes please make sure that you are covered by appropriate insurance.
7.3 MorshGolf shall be under no liability for any delay or failure to deliver products, or otherwise perform any obligation as specified in these terms and conditions, if the same is wholly or partly caused whether directly or indirectly by circumstances beyond its reasonable control.
7.4 To provide increased value to our customers, we may provide links to other websites or resources for you to access at your sole discretion. You acknowledge and agree that, as you have chosen to enter the linked website we are not responsible for the availability of such external sites or resources, and do not review or endorse and are not responsible or liable, directly or indirectly, for (i) the privacy practices of such websites, (ii) the content of such websites, including (without limitation) any advertising, content, products, goods or other materials or services on or available from such websites or resources or (iii) the use to which others make of these websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such advertising, content, products, goods or other materials or services available on such external websites or resources.
7.5 You may not assign or sub-contract any of your rights or obligations under these terms and conditions or any related order for products to any third party unless agreed upon in writing by MorshGolf.
7.6 MorshGolf reserves the right to transfer, assign or sub-contract the benefit of the whole or part of any of its rights or obligations under these terms and conditions or any related contract to any third party.
7.7 If any portion of these terms and conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity or enforceability of the other sections of these terms and conditions shall not be affected.
7.8 These terms and conditions do not create or confer any rights or benefits enforceable by any person that is not a party (within the meaning of the Slovenian Law) except:
a) a person who is a permitted successor or assignee under Section 7.7 above of the rights or benefits of these terms and conditions may enforce such rights or benefits.
b) No consent from the persons referred to in Section 7.8 is required for the parties to vary or rescind these terms and conditions (whether or not in any way that varies or extinguishes rights or benefits in favor of such third parties).
7.9 No delay or failure by MorshGolf to exercise any powers, rights or remedies under these terms and conditions will operate as a waiver of them nor will any single or partial exercise of any such powers, rights or remedies preclude any other or further exercise of them. Any waiver to be effective must be in writing and signed by an authorized representative of MorshGolf.
7.10 These terms and conditions including the documents or other sources referred to in these terms and conditions supersede all prior representations understandings and agreements between you and MorshGolf relating to the use of this website (including the order of products) and sets forth the entire agreement and understanding between you and MorshGolf for your use of this website.
7.11 All numbers on the MorshGolf webpage in the sections “Number of golf balls hit”, “Number of yards gained” and “Number of games played” are only approximate numbers based on estimated average values and are not real accurate numbers.
We recommend you print out a copy of these terms and conditions for your future reference.
If you have any questions regarding the MorshGolf.com website please see the Contact Us section for more information and full details.
We want you to be totally satisfied with every purchase you make with MorshGolf. However if for any reason, you are not completely happy with your purchase, simply follow our online returns procedure and return the goods within 30 days of our first delivery attempt. There are two main types of returns our customers require most often, to which terms and conditions apply:
1. Returning for Exchange or Refund within 30 day period
For this you must:
1. Contact us and follow our returns procedure within 30 day period to be eligible for the Exchange or Refund. Used products are not under 30 day moneyback guarantee.
2. Before sending the club back please contact us about the return, otherwise we won't know about the return and the club won't be accepted from the courier service provider.
2. Returning a faulty product within the warranty period
1. Please check that your product is within the warranty period (in most cases 12 months from date of purchase, unless stated otherwise).
2. Please consider if the fault or defect has been generated through normal use as we cannot accept return of products damaged as a result of misuse.
For more information on our returns terms, please see details below, or contact our team on email@example.com, and we'll be happy to help you.
We are happy for you to return a product to us if you decide that you do not wish to keep it. We ask that you ship it back to us within 30 days of the first attempted delivery date by our courier, but first please contact us on this matter. We ask you to take reasonable care when the item is in your possession and return the item in its original, new condition, so that we may restock it and give another customer a chance to own the item new.
As such, please do not break any seals, or allow for marks and/or damage to the original packaging, and please secure package your goods when you return them so they do not get exposed to any damage in transit. We do not currently offer free shipping back to us as returns are rare, and so we use that saved cost to ensure your item is competitively priced at time of purchase.
As we may stock different products, it’s possible that do not offer refunds on: every product like items that have had logos or customization added as part of the purchase etc.
For security purposes, if you are seeking an actual refund on a product, we must refund it using the method it you paid with. For clarity, if you paid for your item with a credit card, PayPal, gift vouchers or any other payment option, you will be refunded in the same method.
Please note: We do not offer refunds on shipping costs and payment surcharges (e.g. PayPal etc.). Refunds are automatically calculated for the value of the goods being returned less any discounts, freebies and surcharges.
As part of the offers run now and then, our customers often get a chance to receive discounts on products, or get a free gift with their purchase. Occasionally, when these products form part of a return, we ask you accept the following conditions.
Returning an item that came with a free gift
You will not receive a refund or exchange if you withhold, or have used, the free item. Occasionally at discretion, we may issue a part refund if are prepared to discount the value of the free item from the refund.
Returning an item that was part of a discounted multi-buy offer.
For example, if you purchased a club for €150, and you were able to buy additional club for half the price. This is a multi-buy (combination) deal, and the discount offered originally factors in the sale of two items combined. Therefore, if returning one club alone, the discount achieved at time of sale (€75) will be voided and an adjustment of €75 will be made to your refund, so you will receive €75 for the second club and effectively have paid the full €150 retail price of the fist one.
If any of these terms sound complicated, we would be happy to clarify them at any time, just contact us during normal office hours.
If you are returning orders to us from outside the EU, please note that a customs charge will apply when the good re-enter the EU, unless you clearly state that the items are being shipped back to us for a refund or return.
Most items come with a 12 month warranty as standard. In some cases, manufacturer’s warranty is different. Please look for details on individual items to see which products these terms apply to.
All products are 'Return to Base', meaning they must be shipped back to us. We do not currently offer free shipping back to us, but our customer service team are happy to advise on affordable shipping methods back to us, just drop us an email on firstname.lastname@example.org .
Goods faulty on arrival
Goods discovered to be faulty at time of arrival to you, or developing a fault in the first 30 days are subject to a refund, and in most cases, MorshGolf will arrange shipping back to our headquarters for inspection. After verifying the fault, the goods may be refunded, exchanged or will follow any unique procedures applicable to the item. If an item is returned and discovered not to be faulty, you may no longer be eligible for a refund or free return shipping to you.
Goods developing a fault in the first 12 months (Manufacturer's Warranty Claim)
In addition to the 30 days grace period for normal returns, and a return period for faults, we also honor manufacturers warranties which are typically 12 months. If you wish to return a product that has developed a fault in the first 12 months, please fill out a Return Merchandise Authorization (RMA) form by following our Returns Procedures. Please follow the instructions in the Returns Procedures section and do not ship us your item without your RMA number and any further instructions stemming from the Returns Procedure process.
Once you complete this procedure, we will pass your item on to the appropriate section where the product will be inspected in accordance to manufacturer’s warranty terms. The manufacturer will repair or replace the faulty part, or may even exchange the entire product if the product is found to have developed a fault beyond economical repair. A free return delivery is normally to send the item back to you if the fault has been verified by the manufacturer. If the product cannot be repaired or replaced, we may offer you vouchers to the value of the product with your consent.
In some rare cases when there is shortage of replacement parts, or if further fault investigation is required, there may be a longer manufacturer delay in completing the return. In such cases, we will keep you regularly informed whilst we await a decision from the manufacturer.
In the event where the goods are found non-faulty or if the product does not have a manufacturing-fault (through a fault investigation process), the warranty claim will be voided and goods will be sent back in its current condition. In most cases we may request a minimal shipping charge to cover for the return cost back to you.
This Agreement contains the complete terms and conditions that apply to your participation as a member of the MorshGolf.com Affiliate Program.
1. Enrollment in this Program.
To begin the enrollment process, you will submit a completed Program Application through our website. Your account will be instantly active in our program. We will evaluate your account in good faith to ensure you comply with all our rules and agreements. We may reject your account if we determine in our sole discretion that your site is unsuitable for the Program for any reason, including, but not limited to, if your site incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement, or if your site is or promotes a business-opportunity program (collectively, "Content Restrictions").
2. Utilizing Links on Your Site.
As an affiliate website of MorshGolf, you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you CANNOT SPAM. Any activity by you or on your behalf that we determine or reasonably suspect to be the result of an unsolicited bulk e-mail program will result in your immediate termination from the Program and your forfeiting of monies otherwise due you hereunder. Allowable promotional links may contain MorshGolf's trade names, service marks, and/or logos for display on your Affiliate Site. Subject to the terms and conditions hereof, you are granted a limited, non-exclusive, non-transferable license to access and download such Links and other designated promotional materials for placement on your Affiliate Site for the sole and exclusive purpose of promoting websites owned, operated or controlled by MorshGolf. In utilizing the Links, you agree that you will cooperate fully with us in order to establish and maintain such Link or Links. A Link may only be visually modified with our consent.
We will pay you a commission based on the below structure:
1-5 a month = 5% commission rate
6-15 a month = 10% commission rate
16-30 a month = 15% commission rate
30+ a month = 20% commission rate
Example: If you send us 31 buyers in any month you will get 20% of the product’s price x31. So if a product costs 179,90€ and you send us 31 buyers, you would receive 1115,38€.
Incentivized commissions, and offering any form of incentive to obtain a sale is forbidden, unless prior approval is given and cleared by MorshGolf Staff. To inquire on whether your incentive is acceptable, please e-mail email@example.com
The Commission Rate is subject to change from time to time, upon e-mail notice to you and commencing the 30-days following such notice.
The shipping and any other costs aren't a part of affiliate program. The affiliate will receive the commission only from the products.
4. Commission Payment.
Commissions deemed due and owed to you under the program will be paid to you directly by morshgolf.com after any holding period and in accordance with a regular payout cycle established by MorshGolf.com. MorshGolf reserves the right to only pay for referrals that are active. Active is defined by clients who own and use one of the Morsh golf clubs, because you can’t be an affiliate without knowing our product’s live performance, and have at least €50 of commission in 180 days. Commissions can be earned per each new buyer referred through the unique affiliate link. We reserve the right to cancel any of your affiliate coupons, even if you are currently using the coupon. All coupons created internally for MorshGolf promotion are ineligible for affiliate commission.
Commission will be paid in agreed period of time only when buyer pays, receives shipping and after our return and refund period as stated in our Terms and Conditions under Returns policy.
5. Responsibility for Your Site.
You will be solely responsible for all the materials that appear on your site. We shall have no responsibility for the development, operation and maintenance of your site and for all materials that appear on your site. You shall also be responsible for ensuring that materials posted on your site do not violate or infringe upon any laws, including but not limited to Slovenian act of Protection of Personal Data (PDPA-1) including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights, and ensuring that materials posted on your site are not libelous or otherwise illegal. You must have express permission to use another party's copyrighted or other proprietary material. We will not be responsible if you use another party's copyrighted or other proprietary material in violation of the law.
MorshGolf expressly requires you to disclose that there is a "material connection" between you and MorshGolf any time you offer an endorsement or testimonial on our services, in accordance with the Federal Trade Commission guidance as outlined here. Such disclosure should be clear and prominent, meaning close to the endorsement or testimonial.
Please note: You should obtain legal advice on how to fully comply with these responsibilities in your specific situation.
In addition to the foregoing, we will immediately terminate your participation in the Program if we believe you have engaged in any of the following:
- Unsolicited mass e-mail solicitations, IRC postings or any other form of spamming or otherwise violate the anti-spamming policies of MorshGolf or state law;
- Provide inaccurate or incomplete information to MorshGolf concerning your identity, address or other required information;
- Attempt to cheat, defraud or mislead us in any way;
- Misrepresent to the public the terms and conditions of our sites or your sites;
- Engage in popup advertisement network activities;
- IFrames may not be used unless given express permission by MorshGolf, sales made through hidden IFrames or Cookie Stuffing methods will be considered invalid
6. Paid Search Policy.
You are required to comply with the following rules when bidding on keywords on any paid search engines or social media site, including without limitation, Google, Yahoo/Bing, Twitter and Facebook:
· You are prohibited from bidding on any MorshGolf trademarks, or any variations and misspellings thereof without MorshGolf's prior written approval. Examples of prohibited keywords are "Morsh," "morshgolf," "MorshGolf," "morshgolf.com," "www.morshgolf.com," "Morsh golf," "Morsh golf clubs," "Morsh 2 wood," "Morsh wood"and "Morsh golf 2 wood."
· You are prohibited from bidding on keywords containing MorshGolf trademarks plus an additional term such as [morshgolf coupons], [morshgolf promotions], and [morshgolf promos]. Further, Affiliates are NOT permitted to broad or phrase match any of these keywords.
· You are prohibited from outranking MorshGolf's internal paid search ad on any keywords.
· You are prohibited from direct linking to MorshGolf.com from any paid search ads.
· You are prohibited from using MorshGolf.com as a display URL.
All materials, including without limitation, ad copy, coupons, and promotions on your Affiliate Site must accurately represent active and valid promotions. For example, you may not display an ad on your Affiliate Site for a promotion that has expired. We continue to monitor all paid search landscapes. If you are determined to be in violation of this section your participation in the program may be terminated. For more information on match types, please visit Google's overview of match types.
7. Minimum Payment Threshold.
Affiliates must earn a minimum affiliate account balance of €50 or more before their account is eligible for payment. Commission amounts earned for less than €50 (for example, 1 sale for €7,5) will remain pending until the full €50 minimum balance has been earned. All sales still pending due to the minimum payment threshold must remain active and in good standing according to our TOS requirements in order to be eligible for payment. Sales that are found not to be valid according to our TOS requirements at the time of the additional sale and earnings will be marked as invalid and not payable. Therefore there will be the requirement that 6 sales, or €50 in minimum earnings be valid according to our sale requirements listed in our TOS in order for payment to be sent.
There is a €50 minimum threshold for Commission Fees. If You do not meet the minimum threshold of €50 within 180 days after the end of the month in which a Qualified Purchase was properly completed, commission payments will be forfeited and Your commission balance will revert to $0.
8. Tax Forms and Address Changes.
Taxes/Address Changes: It is Your responsibility to provide MorshGolf with the tax and payment information required to issue a Commission Fee to You. If MorshGolf does not receive the necessary tax or payment information within 120 days of a Commission Fee being earned, MorshGolf will consider that Commission Fee to be forfeited by the Affiliate, and no payment will be issued. Each Affiliate is required to submit a tax information before MorshGolf will issue any Commission Fees.You are responsible for the payment of all taxes related to the commissions you earn under this Agreement. You will be required to provide us with proper address, tax information within five (5) days of any request issued by MorshGolf. Any address changes must be made in the Affiliate profile at our webpage at least 15 business days prior to the end of the calendar month in order for Commissions for that month to be sent to the revised address."
9. Term of the Agreements.
The term of this Agreement will begin upon our acceptance of your Affiliate Program Application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination. Notice by e-mail, to your e-mail address on our records, is considered sufficient notice for to terminate this Agreement. If this Agreement is terminated because you have violated the terms of this Agreement you are not eligible to receive any commissions payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and Affiliate Program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our posting of a change notice or new agreement on our site, will constitute binding acceptance of the change.
11. Relationship of Parties.
You and MorshGolf are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. You are not an agent of the MorshGolf and MorshGolf expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
12. Limitation of Liability.
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
We make no express or implied warranties or representations with respect to the Affiliate Program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
14. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and neither violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you. Should any law enforcement agency or golf services and equipment provider provide MorshGolf with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this Affiliate Program Agreement made specifically for you and not generally available to other members of the Affiliate Program, website, business and financial information relating to MorshGolf, customer and vendor lists relating to MorshGolf and any members of the Affiliate Program, other than you. Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process. We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third person's use of the information.
You hereby agree to indemnify, defend and hold harmless MorshGolf, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys' fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the Affiliate Trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
Terminated accounts cannot later apply to the Program without our express written consent. This Agreement will be governed by the Slovenian laws, without reference to rules governing choice of laws. MorshGolf reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. MorshGolf will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple MorshGolf affiliate accounts spanning multiple affiliate networks are strictly prohibited. If you have an account with the MorshGolf.com in-house affiliate program and also open a MorshGolf affiliate account with another network such as Commission Junction, both affiliate accounts will be terminated and all commissions will be forfeited. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.
18. Binding Arbitration.
By participating in this affiliate program, you agree to binding arbitration for any disputes or claims that arise against MorshGolf.com or its subsidiaries in conjunction with this program. An arbitration firm selected by MorshGolf.com will be the sole and final arbitrator for any and all disputes or claims related or resulting from participation in this program. All decisions rendered are final. You also are responsible for any and all costs related to such arbitration.