Mammut Collective

Mammut Sports Group AG, and their respective affiliates, subsidiaries, purchasers of the business and assignees, and their respective representatives, directors, officers, agents, employees and volunteer staff (“Mammut”,“the Released Party”, “we”, “our”, or “us”) will grant eligible persons an opportunity to participate in its community of active leaders in Mammut which includes special benefits to members, including access to product information, a product Discount (as set out and defined herein) and other benefits (the“Mammut Collective Program”). Your membership in the Mammut Collective Program is CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THE "MCP TERMS") (TOGETHER WITH OUR DATA PROTECTION POLICY, TERMS OF SALE AND ANY OTHER DOCUMENTS REFERRED TO HEREIN).

The Agreement will be entered into by Mammut Sports Group AG whose registered office is at Birren 5, 5703 Seon, Switzerland.

YOU HEREBY AND SHALL AGREE, for good and valuable consideration including participation in the Mammut Collective Program, as follows:

Eligibility to membership in the Mammut Collective Program will be determined upon verification of proof of your credentials (please read Mammut Collective Program page for details). You may need to go through the verification process again to renew your status once per calendar year.

Membership in the Mammut Collective Program is restricted only to individuals (a) who are qualified outdoor sports professionals and individuals actively engaged in Mammut`s core activities; (b) who are 18 years of age or older (or the age of majority in your jurisdiction of residence, whichever is older); and (c) who are not barred from doing so under applicable laws.

Employees of Mammut are not eligible for membership in the Mammut Collective Program. Members of the Mammut Collective Program are responsible for ensuring their participation doesn’t violate any rules or regulations that they are subject to, including from their sponsorships or sport organizing bodies. 

Mammut may determine eligibility at its sole discretion, make exceptions, change eligibility criteria and/or refuse membership in the Mammut Collective Program to any person. Mammut reserves the right to change, suspend, terminate or revoke its Mammut Collective Program, your membership therein, and/or the Discount at any time, for any reason without prior notice, including for any suspected violation of these MCP Terms or fraudulent use of membership in the Mammut Collective Program.

Approved Mammut Collective Program members are eligible to receive up to 50% discount on regular-priced product purchases made in the country they are verified on Mammut e-commerce only, excluding packaging, shipping & handling charges, applicable taxes, purchases made prior to joining the Mammut Collective Program (the “Discount”).

Per calendar year the purchase value is limited (as applicable) to:

two thousand five hundred Swiss Franc (CHF 2.500) incl. VAT (if applicable);

two thousand five hundred Euro (2`500 €) incl. VAT (if applicable);

two thousand Great Britain Pounds (2`000 GBP) incl. VAT (if applicable);

two thousand five hundred US Dollar (2`000 US$) incl. VAT (if applicable);

thirty thousand Swedish Krone (30`000 SEK) incl. VAT (if applicable); OR

thirty thousand Norwegian Krone (30`000 NOK) incl. VAT (if applicable)

and limited to one airbag, one Barryvox, one Shovel and one Probe per season.

Unless otherwise stated, Discount cannot be combined with any other offers, programs, promotional codes, discounts, or coupons. Discount does not apply to co-branded products or Mammut product sold through third parties. Discount may not be used on marked down or discounted items, to purchase gift cards or e-gift cards. Additional exclusions may apply (e.g. specific products may not be eligible for Discount), which will be displayed to you before you submit your purchase order.

Discount is for guests who have been verified by Mammut for the Mammut Collective Program, in our sole discretion. Discount can only be used in the country that you were verified in. Discount cannot be used to purchase products for any other people including friends, students or family. You may not allow others to use your Discount, nor purchase products using Discount for any other person, including as gifts.

You may not resell any product purchased with Discount. Mammut reserves and you acknowledge and agree that Mammut has the absolute right to suspend or cancel your membership in the Mammut Collective Program, deny the Discount, or refuse orders to any person suspected of reselling or orders which have characteristics of reselling.

Mammut reserves and you acknowledge that Mammut has the absolute right to modify, suspend, revoke or terminate the Mammut Collective Program and/or the Discount at any time, for any reason, without notice, which can include refusal of Discount at the time of purchase.

Mammut may exempt certain products or categories of products from eligibility for Discount, at its sole discretion and without notice.

Mammut may restrict transactions and spending limits, at its sole discretion and without notice. Violation of these MCP Terms or other policies related to the Mammut Collective Program and Discount may lead to immediate revocation of Discount in the Mammut Collective Program.

Violation of these MCP Terms or other policies related to the Mammut Collective Program and Discount may lead to immediate revocation of Discount and membership in the Mammut Collective Program at Mammut’s sole discretion.

Except as noted herein, Mammut’s standard Terms of Sale and Return Policies apply to all purchases.

You grant permission to the Released Party and any transferee or licensee or any of them, to use your name, the name of your brand, nickname, image, likeness, and size information and utilize any photographs, motion pictures, videotapes, recordings and other references or records which may depict, record or refer to you for any purpose that are either collected taken of you by the Released Party through the Product Testing, or submitted by you to the Released Party (collectively, “Images and Identifying Information”), including commercial use by the Released Party. This permission is for use anywhere in the world and on the Internet and for an unlimited period of time. You understand and agree that you will not be compensated or receive additional consideration for consenting to the use of the Images and Identifying Information and that you will not be given a chance to receive, inspect or approve the promotional or marketing material, messages and/or content that may use the Images and Identifying Information. You hereby release the Released Party including, without limitation, all persons who took or otherwise created, recorded or modified the Images and Identifying Information, from any and all claims, actions, damages, interest, costs, expense and compensation of whatsoever kind and howsoever arising, whether known or unknown, and which you now have or at any time hereafter can, shall or may have in connection with, or in any way resulting or arising from, the Images and Identifying Information and the creation, use or disposition of them.

All trademarks, service marks, trade names, logos and trade dress of Mammut whether registered or unregistered(collectively the "Marks")are proprietary to Mammut. You may not display or reproduce the Marks other than with the prior written consent of Mammut, and you may not remove or otherwise modify any trademark notices from any content provided by Mammut. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws. Membership in the Mammut Collective Program does not entitle members to use the Marks in commerce, without the express written consent of Mammut.

As part of the program, you agree to receive electronic communications from Mammut either in the form of email sent to you at the email address listed on your account, phone numbers or other electronic means provided by you. You acknowledge and agree that any electronic communication shall satisfy any legal requirement that such communication be in writing. While you may unsubscribe from product notification or promotional emails, you will continue to receive information relevant to your membership in the Mammut Collective Program and/or any purchases you make.

In connection with the Mammut Collective Program, Mammut may request and you may provide content and information including profiles, goals, opinions, messages, comments, photos, videos, product or services feedback or ideas and any other content or material that you submit ("Submission(s)"). You agree that you, and not Mammut, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Before making a Submission, you must ensure that you either own all intellectual property rights or are otherwise in a position to grant a License (as defined below) to Mammut.

Unless otherwise explicitly stated herein or in the applicable Mammut Data Protection Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis. You agree that Mammut is free to use a Submission for any purpose including improving its products and services, and providing you with the associated products and services, and you grant Mammut a sub-licensable, transferable, perpetual, nonexclusive, irrevocable, worldwide, royalty-free license ("License") to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. 

In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information ("Personal Rights"), you must comply with any applicable legislative requirements and hereby grant and will cause such other person to grant to Mammut a License to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Mammut and services (in any media, whether now known or not currently known or invented). Subject to the Licenses granted in these Terms of Use, you retain the ownership of any copyrights or other intellectual property rights in your submissions.

You represent and warrant that: (i) you own all Submissions submitted by you or otherwise have the right to grant the Licenses to Mammut set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) your Submissions do not violate the privacy rights, publicity rights, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order.

You agree to defend, indemnify and hold harmless Mammut, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) as a result of (i) your Submission; (ii) your breach or alleged breach of these MCP Terms; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. This means that you will be responsible for any loss of damage we suffer as a result of your breach of these MCP Terms.

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with these MCP Terms, the Mammut Collective Program, or Discount must and will be venued exclusively in Lenzburg, Switzerland. These MCP Terms and the relationship between you and Mammut will be governed by the laws of Switzerland without giving effect to principles of conflict of laws of any jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these MCP Terms or to the transactions contemplated by these MCP Terms.

If any provision of these MCP Terms is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these MCP Terms will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only.

The official language of these MCP Terms exclusively shall be, and all communications and agreements between Mammut and you and any proceedings in connection with these MCP Terms exclusively shall be made in, the English language. Mammut and you waive any rights we may have under any other law to have these MCP Terms written in another language, and any translation of this MCP Terms will be for convenience only.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Mammut as a result of these MCP Terms, our Data Protection Policy or the Mammut Collective Program. Mammut's performance of these MCP Terms is subject to existing laws and legal process, and nothing contained in these MCP Terms or our Data Protection Policy is in derogation of Mammut's right to comply with law enforcement requests or requirements relating to the Mammut Collective Program or information provided to or gathered by Mammut with respect to such participation.

These MCP Terms and our Data Protection Policy constitute the entire agreement between you and Mammut with respect to the Mammut Collective Program, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Mammut with respect to the Mammut Collective Program.

By agreeing to participate in Mammut Collective Program, you agree to release the Released Party and their respective, directors, officers, employees and agents from all liability with respect to the Mammut Collective Program. By participating in the Mammut Collective Program, members hereby release the Released Party from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to participation in the Mammut Collective Program.