1. PARTIES
This Merchant Agreement (“Agreement”) is entered into between:
PIXEL ART, Marko Popović s.p.
Agrokombinatska cesta 6c, 1000 Ljubljana, Slovenia (“Infee”) and the registered business entity using the Platform as a Merchant (“Merchant”).
This Agreement governs the Merchant’s participation in the Infee affiliate and PPA marketplace platform.
This Agreement forms an integral part of the Master Terms of Use.
2. NATURE OF RELATIONSHIP
The Merchant operates as an independent business entity.
Infee acts solely as a technology provider and marketplace operator and does not:
- resell Merchant products,
- act as Merchant’s agent,
- represent Merchant in contractual relationships with customers,
- assume liability for Merchant products or services.
All sales contracts are concluded directly between the Merchant and the end customer.
3. MERCHANT OBLIGATIONS
The Merchant shall:
- provide accurate and truthful product data,
- maintain correct pricing and inventory information,
- comply with consumer protection laws,
- comply with advertising and e-commerce regulations,
- ensure proper integration of tracking mechanisms (including webhook setup),
- maintain functional API connections where applicable.
The Merchant is fully responsible for:
- product descriptions,
- pricing,
- warranty conditions,
- delivery,
- returns,
- customer communication,
- regulatory compliance.
4. WEBHOOK AND TRACKING INTEGRATION
The Merchant must implement the required webhook and tracking integration as specified by Infee.
The Merchant shall not:
- disable or modify webhook logic without notice,
- conceal or omit order data,
- alter order values for commission avoidance,
- interfere with attribution mechanisms.
Infee reserves the right to audit webhook functionality and request verification logs.
Any attempt to manipulate tracking constitutes material breach. 4A. INTEGRATION INTEGRITY, MONITORING AND
AUTOMATED STORE DISABLING
4A.1 Integration Requirement The Merchant shall maintain continuous, correct, and uninterrupted operation of all tracking integrations required by the Platform, including but not limited to webhook-based or API-based order confirmation mechanisms (the “Integration”). 4A.2 Ongoing Monitoring To ensure attribution integrity, prevent manipulation, and protect the Platform ecosystem, Infee may perform periodic automated checks of Integration availability and operational status at intervals determined by Infee. 4A.3 Automatic Disabling If Infee reasonably determines that the Integration is inactive, disabled, materially degraded, or not transmitting required order data (including cases where an integration is removed, disabled, or disconnected on the Merchant’s store platform), Infee may automatically, without prior notice:
- mark the Merchant store as inactive/disabled within the Platform,
- remove the Merchant store from Influencer discovery and campaign listings,
- suspend active campaigns related to the Merchant,
- disable or pause affiliate link functionality for the Merchant for the duration of the inactive status, and
- pause commission accrual for transactions that cannot be validly attributed. 4A.4 Restoration The Merchant store may be re-enabled once Integration integrity is restored and verified by Infee. 4A.5 No Liability Infee shall not be liable for any loss of revenue, lost commissions, interrupted campaigns, missed attribution, or other damages resulting from Integration failure, Integration deactivation, or store disabling. 4A.6 Material Breach and Enforcement Any intentional interference with the Integration, concealment of order data, or attempts to circumvent attribution controls constitutes a material breach and may result in immediate suspension or termination under this Agreement and the Master Terms of Use.
5. COMMISSION STRUCTURE
Commission terms are defined within the Platform dashboard and/or Commission & Payout Policy.
Unless otherwise agreed:
- Influencer commission percentage is defined per campaign.
- Infee retains its platform fee as defined in the system.
Commissions are calculated based on the order value transmitted via webhook.
If an order is:
- canceled,
- refunded,
- fraudulent,
- charged back, the corresponding commission may be reversed.
6. PAYMENT OBLIGATIONS
The Merchant agrees to:
- settle all commission amounts owed to Infee in accordance with invoicing terms,
- pay within the agreed payment deadline,
- provide accurate billing information.
Failure to settle outstanding invoices may result in:
- suspension of campaigns,
- withholding of sales data,
- account suspension,
- termination.
Infee is not responsible for payout delays caused by Merchant non-payment.
7. FRAUD AND ABUSE
The Merchant agrees to cooperate in fraud investigations.
If fraud is detected, Infee may:
- reverse affected commissions,
- suspend campaigns,
- suspend the Merchant account.
Infee’s fraud determination based on system data and reasonable review shall be considered binding unless proven otherwise.
8. TAX RESPONSIBILITY
The Merchant is solely responsible for:
- VAT compliance,
- sales tax compliance,
- issuing invoices to customers,
- regulatory reporting obligations.
Infee does not assume responsibility for Merchant tax compliance.
9. DATA PROTECTION
The Merchant acts as data controller for customer data collected through its store.
Infee acts as data processor solely for tracking and attribution purposes as defined in the Data Processing Agreement (DPA).
The Merchant must ensure lawful data collection and cookie consent mechanisms where required.
10. LIMITATION OF LIABILITY
To the maximum extent permitted by law:
Infee shall not be liable for:
- lost sales,
- loss of profit,
- technical tracking discrepancies,
- third-party API failures,
- indirect or consequential damages.
Total liability shall not exceed the total platform fees paid by the Merchant during the preceding three (3) months.
11. SUSPENSION AND TERMINATION
Infee may suspend or terminate the Merchant account:
- for breach of this Agreement,
- for payment default,
- for fraud suspicion,
- for regulatory risk.
In case of termination, outstanding commission obligations remain payable.
12. ASSIGNMENT
Infee may assign this Agreement to a successor legal entity, including a future limited liability company (d.o.o.), without requiring Merchant consent.
13. GOVERNING LAW
This Agreement is governed by the laws of the Republic of Slovenia.
Disputes fall under the jurisdiction of the competent court in Ljubljana.
14. ACCEPTANCE
By registering and activating a Merchant account on the Platform, the Merchant confirms acceptance of this Agreement.