Partner terms

1. The agreement

These terms apply when you order a TCGGraph Partners programme: Reseller API, White-label API or a data licence. They add to the terms of service and the acceptable use policy, which also apply to you. Where these terms and the terms of service disagree about the partner programme, these terms win.

“Customer” means anyone you give access to the API or the data. “Launch date” means the day your API first answers requests on your domain. “Brand details” means your name, logo, colours and chosen domain, together with the DNS records we ask you to add.

2. What you may do

For as long as your programme runs, we grant you a non-exclusive, non-transferable, worldwide licence to:

• Reseller API and White-label API: give your customers access to the API and the data it returns, under your own brand and domain, and charge them whatever you choose.
• Data licence: store the data in your own systems and redistribute it to your users, within the games, markets and channels set out in your order.

This is the redistribution licence that the terms of service refer to. It covers our compilation, normalisation and delivery of card information. As section 3 of the terms of service explains, card names, artwork and trademarks belong to their publishers, and neither we nor you can licence them to anyone.

3. Setup and the launch guarantee

• The setup fee is paid when you order. Nothing else is charged before your launch date.
• Live in 5 business days, or your setup fee back. The clock starts on the business day after we have received your complete brand details and the DNS records resolve. Business days are Monday to Friday, excluding public holidays in the Netherlands.
• If your API is not live within 5 business days of the clock starting, we refund the setup fee in full to the original payment method. You may still launch with us afterwards at no extra cost, or walk away.
• The clock pauses while we are waiting on you: a DNS record that has been removed, a change to your brand details after the clock started, or a question we have asked and you have not yet answered.
• If you cancel before sending your brand details, the setup fee is refunded in full. After that, it is refundable only under the guarantee above.

4. Fees

• The monthly platform fee starts on your launch date and is drawn from your prepaid balance at the start of each month, as plan fees are under the terms of service.
• Usage by all of your customers together is drawn from the same balance at $0.70 per 1,000 credits, using the credit costs published on the pricing page. Images, cached responses and errors are not charged.
• We email you when your balance falls below a level you set. If the balance will not cover your customers’ usage, their requests are refused until you top up. No debt arises.
• A data licence is billed annually in advance as set out in your order, and is not metered per call.
• Prices are in US dollars and exclude VAT and sales tax, which is added where we are obliged to collect it.
• We give at least sixty days’ notice by email of any change to the platform fee or the wholesale rate.

5. Your customers

• Your customers are yours. You contract with them, set their prices, collect their payments and give them first-line support.
• Your terms with your customers must be at least as protective of the data as sections 2, 3 and 7 of our terms of service and our acceptable use policy: no reselling the raw dataset, respect for publisher rights, and no reliance on prices as appraisals.
• We do not contact, market to or sell to your customers. The only exceptions are a security incident or abuse that needs stopping at once, and anything the law requires, and we tell you first wherever we can.
• We may suspend a single customer key that is being used abusively. We tell you when we do, and why.
• For the personal data of your customers that passes through the service, you are the controller and we process it on your behalf, as described in the privacy policy.

6. What we do

• Run the API, the data, the servers and the image delivery behind your domain.
• Keep the 99.95% monthly uptime commitment in section 6 of the terms of service, with the same service credits, calculated on your platform fee.
• Answer you, as second-line support, within one business day, and sooner during an outage. Anything about the data, a bug or availability comes to us.
• Keep your brand on the surfaces your programme includes, and keep our own name off them.

7. Your brand

You grant us a licence to use your name, logo and domain only to build and run your programme. We will not name you as a partner or customer anywhere public without your written permission. You confirm you have the right to use the name, logo and domain you send us.

8. What you may not do

• Grant anyone a licence wider than the one you hold under section 2.
• Sell the data as a dataset outside a data licence.
• Present yourself or your customers as the owner of card artwork, names or trademarks.
• Use the data to build a dataset whose purpose is to replace ours.

9. Term and termination

• Reseller API and White-label API run month to month from your launch date. Cancel at any time; your API keeps serving until the end of the month already paid.
• A data licence runs for the year in your order and renews for another year unless either of us cancels at least thirty days before the end.
• When a programme ends, you can export your customer list and their usage history. Any remaining balance is returned on request, less network fees, as under the terms of service.
• We may end a programme for a material breach of these terms that is not put right within fourteen days of our notice, or straight away for abuse or where the law requires it.

10. Liability

Section 10 of the terms of service applies. For the partner programme, the cap is the amount you paid us in the twelve months before the claim, including setup fees.

11. Governing law

These terms are governed by the laws of the Netherlands, and the courts of Amsterdam have exclusive jurisdiction.

12. Contact

Questions about these terms go to legal@tcggraph.com.