A. General

1. Contents

These terms and conditions (“Terms“) set out your rights and obligations when using the services provided by MTMP Creation Sdn Bhd (“MTMP” / “MyTeeMyPrint”, “we” and “us“) to you as a Partner.

These Terms contain our current rules governing the market place: If you would like to use one of our services, you must agree to the Terms.

2. You should be familiar with these terms

“Product types” are our products, regardless of their color or size, without a Design on them.

“Designs” are design elements (images and/or text) for our products that can be represented visually.

“Descriptions” are descriptions and keyword tags for individual Designs.

The “Marketplace” is one of our sales channels for products and also the gateway to other sales channels, such as third-party e-commerce marketplaces as well as the Create-Your-Own Areas on our websites.

On MyTeeMyPrint Marketplace and on third-party e-commerce marketplaces, customers may choose from a variety of pre-designed products.

In the Create-Your-Own Area, customers can use the “Design Tool” to create products with their own text and Designs, as well as your Designs.

You will receive compensation from us for “Successful Completed Sales“.
A “Successful Competed Sale” occurs when

• a valid contract for the purchase of a product comes into effect
• the ordered product is shipped to the customer
• the customer has paid the purchase price and no chargeback has occurred within 14 days after shipment and
• The order has not been cancelled by the customer or returned due to legal regulations or our return policies.

3. How to become a Partner

a) Simply register an account. In order to publish Designs on the Marketplace, you first need to fill in the registration form in full, send it to us through our website and accept the Terms. Wait for our approval on your application, and you may start to develop your designer page and start uploading design via My Design. You are a Partner as soon as you have published a design.

b) You are responsible for your Partner Account and therefore also obligated to submit complete and correct information and to update this information if it changes. This especially includes your personal information as well as payment and tax information relating to your compensation. We also require a valid email address from you so that we can communicate with you.

c) Before you submit the registration form, you may check the accuracy of the information you have entered and amend it using the correction tools provided. If we have reason to doubt whether your submitted information or other stored data is correct, we reserve the right to suspend crediting your account and to withhold payments to you, or to suspend your Partner Account until we receive clarification. Some of your submitted information may be made publicly available, for example in your designer page legal information page.

4. Our relationship with the customer

We handle the contractual relationship with customers, which mean that you can fully concentrate on your designs and designer page.

For example, we take care of production, delivery and customer service. That’s why we are entitled to reject orders which fail to meet our technical and organizational requirements. The same applies if we suspect that orders violate legal provisions or the rights of third parties.

To ensure that orders are processed smoothly, we are exclusively responsible for all communication with customers.

5. Your Partner Account

a) We store the information you provide, the content you provide in your Partner Account, and the settings you specify for the Marketplace. You can view this information in your Partner Account.

b) In your Partner Account, you will find an overview of your compensation for Successful Sales.

c) Please keep your login information (email address and password) for your Partner Account confidential and ensure that no third parties can access it. Do not use the same login information for your Partner Account that you use for other websites and services. If you have reason to believe that third parties have accessed your login information, change your password and notify us immediately.

a) We own all intellectual property and other rights, title, and interest in and to our website (except for user-provided content). Your use of our website and services does not grant you any right, title or interest to these properties, to the URLs we make available to you, or to any designs or interfaces we implement for you, except as follows. We grant you a limited, revocable license to access and use our website and services for their intended purpose: the provision of an online, on-demand, customizable merchandising solution.

b) You may not

1. interfere with our website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware;
2. modify, copy, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide our website and services;
3. use a robot or other automated means to monitor the activity on or copy information or pages from our website, except search engines, traffic counters, or similar basic performance monitoring technology;
4. impersonate another person or entity;
5. use any meta tags, search terms, keywords, or similar tags that contain our name or trademarks;
6. engage in any activity that interferes with another user’s ability to use or enjoy our website and services, including activity that places a disproportionate burden on the website compared to ordinary use from a single, ordinary user;
7. assist or encourage any third party in engaging in any activity prohibited by this agreement; or
8. use our website or services to promote hate speech, obscenity.

c) We offer the website and services on an “as is” and “as available” basis. We do not represent or warrant that the use of our website and services (i) will be uninterrupted, timely, safe, or secure, (ii) will be free of inaccuracies, errors, or vulnerabilities, (iii) will meet your expectations or requirements, or (iv) will operate in the configuration or with the hardware or software you use. We hereby disclaim any and all express or implied warranties, including without limitation, warranties of fitness for a particular purpose, merchantability, and non-infringement to the fullest extent of the law, except to the extent that these Terms provide otherwise.

d) You agree that we have no responsibility for any damages suffered by you in connection with our website and services, and that your use of our website and services is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, computer system, or for any loss of data that results from your actions and your use of our website and services. We do not control or endorse any content, products, or services offered by third parties through our website, and we are not responsible for any possible representations and warranties these third parties may make.

e) We may use subcontractors or third parties to help us perform our obligations. We are not liable to you in any way for the conduct of these subcontractors or third parties.

B. Rules for the Marketplace

1. How the Marketplace works

a) To allow your Designs to be easily found in the Marketplace, please use suitable Descriptions / tags.

b) We may use Designs you provide on the Marketplace in all of our sales channels, including those of MTMP corporate affiliates. However, we are under no obligation to use your Designs. We are also entitled – at any time and at our own discretion – to refuse to publish your Designs, to restrict their publication to certain sales channels or to unpublish Designs. This especially applies if we know or reasonably suspect that your Design violates third-party rights or the law. The same applies to your Descriptions.

c) Your Marketplace Designs can be customized by other users of our services to the extent technically possible; for example, it may be possible to change the size and color of a Design.

2. Your compensation for Marketplace sales

a) The basis for the calculation of your compensation is the “Design Price”.

aa) For each Design you provide, the Design Price increases the retail price of the respective products which include this design. If the same Design is used on a product more than once, then the Design Price will only be counted one time.

bb) The amount of the Design Price depends upon

• the Product Type of the product with your Design and
• the sales channel used by the customer.

b) Your compensation
In the event of a Successful Sale of a product with your Design, you will receive the Design Price less the applicable statutory Tax / VAT for the sale and delivery of the product to the customer. The amount of Tax / VAT incurred on the successful sale of a product may vary depending on the country of delivery and how the sale is otherwise subject to Tax / VAT.

c) More sales due to sales promotions

aa) MyTeeMyPrint regularly runs sales promotions and grants customers e.g., discounts on shipping of an order, or on the retail price of some or all products within an order (discount campaigns).

bb) The costs for discounts on shipping (e.g., free shipping) are absorbed by MyTeeMyPrint alone and therefore have no effect on your compensation.

cc) If the customer is granted a discount on the retail price of some or all products within an order, the compensation for your Design in that order will also be base on the discounted retail price.

For percentage discounts (including volume discounts), your compensation is reduced in accordance with the discount granted for the entire order (example: A discount of 15% on the retail price of all products also reduces your compensation by 15%).

For discounts of a fixed amount, compensation is reduced by the percentage of the discount relative to the non-discounted retail price of the entire order (example: A discount of RM5 on a non-discounted retail price of an entire order of RM50 reduces your compensation by 10% (RM5 / RM50).

C. Common Rules for the Marketplace

1. Changes to the product range

1.1. New Products

MyTeeMyPrint strives to constantly improve and expand its product range. “New Products,” as used below, means consumer merchandise and promotional and decorative items (in particular clothing, bags, pouches and cases; cushions, curtains and rugs; toys and sports articles).

1.2 Offering New Products

a) If New Products are made available at MyTeeMyPrint, MyTeeMyPrint is entitled to use your Designs for these New Products in accordance with these Terms.

2. What else you should know about your compensation

2.1. Orders from customer accounts

Customers can reorder previously purchased products in their customer account. Your compensation for such an order is determined by the sales channel used by the customer for the prior order.

2.2. Credits and payments

a) Our conditions for crediting your compensation are:

• Providing your data according to forms listed in website.
• Achieving the minimum balance on your Partner Account.

b) If these conditions are met, you may submit withdrawer request via marketplace profile. Crediting will take place monthly, on no later than the fifteenth business day of the following month.

c) We pay you the credited amount in the currency shown on the credit note within 15 business days after crediting you. We are also entitled to make payment in MYR; in that case, the currency exchange rates of the Federal Reserve will apply.

d) You can choose a payment method for payouts in your Partner Account that is convenient for you. To receive payments, please enter the necessary payment information. You must be the recipient of the payments. You bear any costs we incur as a result of your providing false or incorrect payment information.

e) If we are unable to make a payment, e.g., due to incorrect payment information, we will cancel the credit note and the amount will be added back to your Partner Account.

2.3. VAT / SST / TAX

In certain circumstances, a VAT / SST / TAX may apply to the sale and delivery of products. If so, it may be deducted from your compensation according to the applicable VAT / SST / TAX rate. “VAT / SST / TAX” as used in these Terms, refers broadly to all consumption taxes that are imposed at each stage of production (as opposed to solely at the final retail sale), regardless of their actual names under local applicable law (e.g., “Goods and Services Tax”).

2.4. Tax withholding

a) Even if you are not based in the Malaysia, your compensation may be subject to income tax liability in the Malaysia. Where required by law, we will withhold income tax from your compensation.

b) If we are obligated to withhold the tax on your behalf, we will reduce your compensation payment accordingly. However, we are not responsible for maintaining tax records for your benefit.

2.4. Missing Information and Waiver of Compensation

If you fail to provide valid information described in paragraphs, and do not respond to requests for valid information within 3month from the first message we send asking you for valid information, then you waive all rights and claims to your compensation.

3. Your content and use of our services

a) Content that you publish using our services belongs to you (“your Content”) , and you agree that we may reproduce, adapt, modify, translate, publish, publicly perform, publicly display, sell, and distribute your Content in order to for us to provide our services.

This includes in particular:

• the Designs you submit
• your Descriptions and
• additional content you provide in our marketplace (e.g., logos and graphics).

b) You are responsible for your Content. You therefore represent and warrant to us and our affiliates, legal representatives, employees and persons whom we use to perform our obligations (referred to collectively as “Authorized Parties”) that

• your Content
• the websites on which you embed at our marketplace or products,
• your advertising activities for your Content as well as
• any other use of our services by you do not violate any laws or the rights of third parties (especially copyrights, personality rights, trademark rights, and other related rights). If such claims are asserted against you, you must inform us immediately.

c) We are not obligated to use your Content. Notwithstanding any other provision in these Terms, we may at any time refuse to publish your Content, restrict it to certain sales channels, or remove it.

d) If we have reason to suspect that your behavior has violated any laws or rights of third parties, we may take the following actions, in particular:

• withholding your compensation until final clarification of the dispute
• immediately terminating of the publication of your Content and
• providing third parties with information about your Content upon their request (this also includes your contact information and information on the origin, production, sale and distribution of your Content).

e) In the case of your (alleged) violation of any of these Terms (including the aforementioned obligations regarding your Content), the Authorized Parties may demand compensation for the resulting costs and damages (including our reasonable attorney’s fees), including indemnification from all claims by third parties. We may offset the compensation in your Partner Account / invoice to you direct to satisfy this indemnity.

4. Advertising

We are entitled to use your Content and mention you as a reference for promotional purposes in any and all media now existing or later arising. However, we are under no obligation to mention you in such promotions.

5. Limitation of liability

a) You use our website and services at your own risk. We are not responsible for the actions, content, information, or data of third parties.

b) We are not liable to you for any lost profits or other consequential, special, indirect, or incidental damages arising out of or relating to your use of our website and services or any other agreement between you and us, even if foreseeable or if we are advised of the possibility of such damages. Our aggregate liability to you may not exceed the amount of compensation actually paid to you within the most recent six months. If applicable law does not allow the limitation or exclusion of liability described in this section, then our liability is limited to the fullest extent according to such applicable law.

6. Contract duration

This contract with you is effective for an indefinite period and may be terminated in writing by either party at any time, for any reason or no reason. You are deemed to have terminated this contract if you close your Partner Account with us. Upon termination, we will credit your Partner Account in accordance without regard to the existence of a minimum balance.

Any Products that have already been ordered prior to termination, and which would be affected by such a termination, may continue to be fulfilled. Due to technical and practical limitations, your Content may remain on MyTeeMyPrint site and service for several days following termination.

7. Final provisions

a) You are only entitled to rights of set-off or retention to the extent that your claim has been legally recognized and finally adjudicated, or are uncontested. In addition, you may only exercise a right of retention if your claim is based on this contract. However, your defect and warranty claims remain unaffected.

b) You may not transfer your Partner Account and this contract with us to other persons. The same applies for your claims from this contract.

c) These Terms are the entire agreement between you and us and replace any prior oral and written agreements. No oral modifications, express or implied, may change these terms. You and MyTeeMyPrint both represent that each has not relied on any representations or promises relating to these Terms that are not contained within these Terms.

d) We reserve the right to change or modify any of the terms and conditions of the Sites, product and compensation structure, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Sites, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of these Sites following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Thank you for reading these Terms in their entirety. We wish you every success with MyTeeMyPrint!