Affiliate Agreement
This agreement (“Agreement”) describes the terms and conditions for participation
in the ( The https://2018dnewyear.blogspot.com Hair care ) Affiliate Program.
The terms “Affiliate,” “you,” and “you're” are referring to Amazon Affiliate
(Associate) The program, the person who is applying to participate in our affiliate
program. “We” and “our” refer to (Hair care).
You and we are independent parties and you agree that this Agreement shall
not create any form of partnership or employer-employee relationship between
us. If you are accepting this Agreement on behalf of another person or a
company, you agree that you have the authority to bind them.
REGISTRATION AND USE
To be eligible to participate as an affiliate, you must be at least eighteen
(18) years old and have a valid tax ID or social security number. If you are in
the United States you must complete a W9 form or its equivalent in your
country. During the registration process, you may be asked to provide certain
information. In providing this information you represent and agree that all
information is, and will remain, truthful and current.
We reserve the right to determine whether you are eligible or terminate your
participation with us at any time, without notice. We reserve the right to
terminate your account at any time without notice or reason, but specifically,
we may do so if you or your site violates any term of this Agreement or any
applicable law. Termination of your account for breach or violation of law may
include forfeiture of any compensation owed and disgorgement of any already
paid.
AGREEMENT DURATION AND TERMINATION
This Agreement will begin upon our acceptance of your affiliate application
and will end when terminated by either party, but we may terminate this
agreement at any time, without notice, for your breach or violation of the law.
Termination may occur at any time, with or without cause, by giving the
other party written notice of the termination in accordance with this
Agreement. Once the Agreement is terminated, you will immediately cease your
participation with the site, remove any offers, content, links, or creativity
that has been provided to you by us or our advertisers. Once terminated you
will forfeit any rights to any compensation from the date of termination.
We may also reject any application if you are from a state that currently imposes
a tax on the sale of goods or services by affiliates (i.e. nexus tax) and the
advertiser does not wish to promote its products in that state through you.
MODIFICATION
We may modify any of the terms and conditions within this Agreement at any
time and at our sole discretion, regardless of the dissimilarity that may occur
between the amended version of the Agreement and the original version. These
modifications may include but are not limited to, changes in the scope of
available referral fees, fee schedules, payment procedures, and rules relating
to our affiliate program. If any of the modifications are unacceptable to you,
you must immediately terminate this Agreement and notify us of such
notification; you must not continue participating in the affiliate program. By
continuing to participate in the program following the posting of a Change
Notice or amendments to this Agreement, you are indicating that you accept the
modifications and agree to comply with them.
COMMISSION FEES
The schedule for you to receive compensation is based on the occurrence of a
valid event, which is governed by the terms of the offer and its requirements.
We reserve the right, in our sole discretion, to determine the validity of any
event that would lead to compensation to you. Furthermore, we will have no
obligation to pay for invalid actions or if the advertiser(s) fails to remit
payment.
Depending on the particular offer, your compensation may be based on
(PERCENTAGE AS DECIDED BY AMAZON AFFILIATE PROGRAM FOR DIFFERENT PRODUCTS &
CATEGORIES ) % of the gross revenue or Rs.____._ per sale as a commission from
the particular valid action that would trigger compensation to you (i.e. orders
placed through your Affiliate Site). You will only be paid for legitimate
compensation that was earned, which is determined by us in our sole discretion.
Payment will be made by an approved method that will be posted on the site, and
in U.S. Dollars unless otherwise agreed to by both parties in writing. You will
be paid only once you have reached a payment threshold of at least Rs.50.00 (or
another number agreed in writing by both parties) and paid on terms of a
schedule of ___________days after the last day of the calendar month or another
time frame which has been agreed upon in writing by both parties.
(Amazon Affiliate Program)
For a sale to generate a commission to an Affiliate, the customer must
complete the order form, remit full payment for the service ordered, and have
their installation completed. You will receive ______% for orders placed
through the Affiliate Sites of those sub-Affiliates which you have sponsored
into the __________ Affiliate Program. Affiliate commissions will only be paid
on sales which are made through qualified Affiliates.
Compensation can only be earned between the acceptance of the Affiliate
application and notice of termination. Fees will be paid on the first day of
each month by ( Hair care ). Any returned checks, chargebacks, or fees from a
returned order will be adjusted in the following fee payment. If no fee payment
is due, a billing invoice for the amount will be issued.
Affiliates must have an active link on their website. In order to qualify
for commissions on sub-affiliate sales in any given month, an affiliate must
personally sell at least one order during that month. Affiliate will also be
responsible for all taxes and fees that they may incur.
ORDER PROCESSING
(Hair care) will be solely responsible for processing every order placed by
a customer on the Affiliate and sub-affiliate sites. Customers who purchase
products and services through the (Hair care) will be deemed to be customers of
(Hair care). Prices and availability of our products and services may vary from
time to time. (Hair care) policies will always determine the price paid by the
customer. We reserve the right to reject any order that does not comply with
our rules, operating procedures, and policies.
WEBSITE RESTRICTIONS
As stated above, your eligibility to participate depends on several things
including how you promote the products or services. (Hair care) reserves the
right, in its sole discretion and without explanation to you, to reject your
participation in the (Hair care) based on-site content. For example, Sites that
do not qualify for the (Hair care) Affiliate Program include, but are not
limited to, sites that:
-Are X- rated and promote sexually explicit materials
-Promote violence and discord.
-Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
-Promote illegal or questionable activities
-Violate intellectual property rights or other rights of third parties
– Sites that use spyware, malware, or adware
– Sites that collect personal information about visitors without their
knowledge
– Sites that iframe any offer
– Sites that impersonate any person or give the impression that the Site is
endorsed by any particular person
– Sites that are unable to direct reasonable amounts of traffic
– Sites that are under construction
– Sites that require a login/password, unless approved by us
– Sites that contain exit pops or ghost pixel firing
– Sites that use fake news stories or are created in a way to resemble a
news site (flogs, articles)
-Violate any law of any applicable jurisdiction
-Would otherwise bring our (Hair care) Affiliate Program into disrepute
We reserve the sole right to determine whether your website is disqualified
from our program due to the above restrictions.
FRAUD
You must not under any circumstances engage in fraudulent, unfair, or
deceptive practices when participating in our (Hair care). This includes, but
is not limited to, the practice commonly known as “cookie stuffing,” offering
non-existent incentives as a reward for purchasing items, or any other
fraudulent, unfair, or deceptive practice. We reserve the right to determine,
in our sole discretion, whether you or your site has utilized any fraudulent
method or is engaging in deceptive tactics. We may suspend or terminate your
account if we have any reason to believe that you are committing fraud or
deceit and at any time, in our sole discretion. If your account is suspended or
terminated for fraud you will forgo any rights to compensation both paid, and
unpaid.
SPAM (UCE)
Unsolicited Commercial E-mail – (Hair care) in no way participates in mass
unsolicited e-mailing (i.e. spamming), and all Affiliates are expected not to
do anything that would violate this policy. Violation of this policy will
result in the termination of the Agreement and immediate dismissal from the (Hair
care) Affiliate Program, with no refund or payments made for affiliate
commissions earned.
DATA AND INTELLECTUAL PROPERTY
Once you are approved, and so long as you remain eligible, you are granted a
non-exclusive, revocable, limited non-transferable license to use materials
that are provided to you by us or an advertiser for a particular offer. You do
not have any intellectual property rights in any of those materials.
Furthermore, any data that is collected or generated through your efforts, use,
or participation are deemed to be confidential information of our company and
become wholly owned by us.
This information is proprietary to us and is considered a trade secret. You
will remain responsible for its accuracy and safeguarding it, which includes
not reproducing it or storing it in un-secure locations. You will not disclose
any of this data to anyone outside of this Agreement and will notify us within
two (2) hours if you believe the data or your site has been compromised. You
will be liable to us for any claims, whether brought or threatened, that is
connected to the use or misuse of our site or the data.
FORCE MAJEURE
You agree not to hold us liable for any damages related to issues beyond our
control, including but not limited to, acts of God, war, terrorism,
insurrection, riots, criminal activity, natural disasters, disruption of
communications or infrastructure, labour shortages or disruptions (including
unlawful strikes), shortages of materials, and any other events which are not
within our control
INDEMNITY
You agree to indemnify us for and defend against any actions by third
parties related to your participation in our program. For example, if you
violate our anti-spam policy, and we get sued as a result of your activity, you
must indemnify us for the damages and legal fees that you cause us to incur.
DISCLAIMER
We make no express or implied warranties or representations with respect to
the Affiliate Program or your potential to earn income from the (Hair care)
Affiliate Program. In addition, we make no representation that the operation of
our site or the Affiliate Sites will be uninterrupted or error-free, and we
will not be liable for the consequences of any interruptions or downtime. We
expressly disclaim all warranties, whether written or oral. We will not be
liable for any damages that you, or any third party, may incur as a result of
your use or misuse of our site or promotion of any offer or loss of any data.
In jurisdictions that limit or do not allow these exclusions our maximum
liability will not exceed any amounts paid to you within the previous three (3)
payment cycles.
MISC.
If any Court strikes down any provision or sentence of this Agreement the
rest shall remain intact and in full force and effect.
This Agreement will be governed by the laws applicable in the State of
(Mysore Karnataka Insert your state here), without reference to rules governing
conflicts of laws. Any action relating to this Agreement must be brought in a
court of competent jurisdiction located in ((Mysore Karnataka)Insert Your City
and State Here), or if no such court of competent jurisdiction exists in that
geographical area, then the next closest court which has jurisdiction to hear
the action; you irrevocably consent to the jurisdiction of these and only these
courts. The prevailing party in any dispute or legal action will be entitled to
its reasonable attorneys’ fees and costs.
You may not assign your rights or obligations under this Agreement, by
operation of law or otherwise, without our prior written consent. We, however,
may assign or transfer our rights and obligations under this Agreement to a
third party where we believe it appropriate? for example, if we sell our
business to a third party. 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.
By submitting this Affiliate Agreement form, you acknowledge that you have
read this agreement and agree to all its terms and conditions. You have
independently evaluated this program and are not relying on any representation,
guarantee, or statement other than as set forth in this agreement.
(Optional) you may choose not to have the following rule with your program.
*Please note that NO COMMISSION is paid on your original purchase of (Hair
care). In other words, you cannot buy from yourself or be your first purchase
for the sole purpose of discounting your own product purchase.
I have read the terms of this agreement and I accept.
Hair care
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