PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU JOIN & CO-CREATE WITH US!
ZAHARA JADE Yoga Affiliate Program Operating and Email Agreement
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This Agreement, made and entered by and between Zaharajade.com ("ZAHARA JADE" or "we" or "us"), and you, the affiliate ("you" or "Affiliate"), contains the terms and conditions that apply to your participation in the ZAHARA JADE Yoga Affiliate Program (the "Affiliate Program" or "Program")
1. Enrollment in the Program
You will submit a complete an accurate Affiliate Program application. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission and image of ZAHARA JADE. If your company is accepted, ZAHARA JADE may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program.
2. Promotion of Our Affiliate Program
Upon your acceptance as an Affiliate Site, we will make available to you a unique Company CODE + links, which, subject to the terms and conditions hereof, you may display as often and in as many areas of your site as you desire. The Links will serve to uniquely identify your site as a member of our Affiliate Network and will establish a link from your site to ours.
2.1 ZAHARA JADE Agrees To:
2.1.1 Pay Affiliate 10% of the sale price. No fees shall be payable if a visitor leaves the ZAHARA JADE website without making a valid and legal purchase. Any refunds or charge backs to a customer, referred through your affiliate CODE, will be deducted from your commissions (however this is rarely an issue given our stringent return policy).
2.1.2 Pay Affiliate on a monthly basis. However, if total Fees you earned is less than $100.00, such amount will be carried over and paid in the next month in which the aggregate Fees owed equals or exceeds $100.00.
2.2 Affiliate Agrees To:
2.2.1 Comply with the EMAIL COMPLIANCE AGREEMENT.
2.2.2 Place ZAHARA JADE Links with Affiliate CODE on your site or other advertising space.
2.2.3 Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
2.2.4 Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
2.2.5 Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
2.2.6 Accept payment via PayPal, direct deposit or credit card at Zaharajade.com.
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates.
4. Limitation of Liability
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Affiliate Network, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Affiliate Program will not exceed the total commissions paid or payable to you under this Agreement.
5. Limited License
We grant you a nonexclusive, nontransferable, revocable right to access our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in increasing traffic to Zaharajade.com. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the ZAHARA JADE Yoga Affiliate Program. We may revoke your license anytime for any reason without notice.
We make no express or implied warranties or representations with respect to the ShecyPearlJewelry.com Web site or the ShecyPearlJewelry.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, no infringement, or any implied warranties arising out of course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
The terms of this Agreement will begin upon acceptance of your application. This Agreement shall commence on the date of approval of your Affiliate Program application and shall continue thereafter in full force and effect until terminated at any time by either party. Upon termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all Links to our site, and all ShecyPearlJewelry.com trademarks, trade dress, images and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Program.
We may modify any of the terms and conditions of this Agreement at any time. You will be notified by email of significant changes to this Agreement. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been emailed will constitute binding acceptance of the change.
9. Independent Contractors
You and ShecyPearlJewelry.com are independent contractors and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf.
10. Representations and Warranties
You hereby represent and warrant to us as follows:
10.1 This Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
10.2 The development, operation, and contents of your site do not infringe upon the copyright, trademark, or any other right of any person or entity.
11. Independent Investigation
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You understand that we may at any time (directly or indirectly) solicit customer referrals on terms that may differ from those contained in this Agreement or operate Web sites that are similar to or compete with your Web site. You have independently evaluated the desirability of participating in the ShecyPearlJewelry.com Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
If you commit fraud or falsify information in connection with referring visitors and/or sales to ShecyPearlJewelry.com through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to ShecyPearlJewelry.com for any and all damages that ShecyPearlJewelry.com suffers as a result of such actions. You will also be responsible for returning to ShecyPearlJewelry.com all commissions received for fraudulent/falsified visits and/or sales, and we will not hesitate to pursue all legal causes of action against you to the fullest extent possible under the law.
13. Anti-Predatory Advertising Policy
Affiliates will be removed from the ShecyPearlJewelry.com Affiliate Program and forfeit any pending commissions if they are utilizing or distributing software downloads that potentially enable diversions of commission from other affiliates in our program.
This Agreement and the rights and obligations hereunder may not be assigned by you without prior written consent of ShecyPearlJewelry.com.
15. Reservation of Rights
ShecyPearlJewelry may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. ShecyPearlJewelry.com also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
16. Governing Law
This Agreement will be governed by the laws of the People's Republic of China. Any action relating to this Agreement must be brought in the courts located in Guilin City, China and you irrevocably consent to the jurisdiction of such courts. You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. 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 a provision or any other provision of this Agreement.
ShecyPearlJewelry.com EMAIL COMPLIANCE AGREEMENT
ShecyPearlJewelry's Email Compliance Agreement ("Email Agreement") is made and entered by and between ShecyPearlJewelry.com ("we" or "us"), and you, the affiliate ("you" or "Affiliate"), and contains an addendum to the ShecyPearlJewelry.com Affiliate Operating Agreement, consisting of the terms and conditions that apply to your participation in the ShecyPearlJewelry.com Affiliate Program.
For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Affiliate agrees to comply with the requirements of the CAN-SPAM Act of 2003 (the "Act") in its distribution of email that contains messaging regarding ShecyPearlJewelry.com. More specifically, email that meets this criteria:
1. May only be sent to recipients who have expressly agreed directly with Affiliate, in advance, to receive such communications from Affiliate.
2. Must clearly and conspicuously identify that the message is an advertisement or solicitation, unless recipient has given prior affirmative consent to receipt of the message. Affirmative consent means that the recipient expressly consented to receive the message either in response to a clear and conspicuous request for such consent or at the recipient's own initiative;
3. Must clearly and conspicuously notify the recipient of the opportunity to decline to receive further commercial email from Affiliate;
4. Must provide a valid physical postal address of Affiliate;
5. Must provide a functioning return email address or other Internet-based mechanism, clearly and conspicuously displayed, that a recipient may use to submit, in a manner specified in the commercial email, a reply email or other Internet-based mechanism a request not to receive future commercial email from Affiliate. The return address or Internet-based mechanism must be capable of receiving such messages for at least thirty (30) days after the transmission of the original message. Affiliate may not send subsequent commercial emails more than ten (10) business days after the recipient's request not to receive further emails has been received (unless there is a subsequent affirmative consent by the recipient to receive such emails.) Once Affiliate receives such a request, Affiliate may not sell, lease, exchange or otherwise transfer or release the email address of the recipient.
6. May not contain materially false or materially misleading header information, or deceptive subject heading.
7. May not contain sexually oriented material.
Affiliate may not initiate or assist in the transmission of commercial email using an email address:
* That was generated through automated means by combining names, letters or numbers into numerous permutations. Affiliate may not conduct fraudulent activities related to electronic mail, including but not limited to the material falsification of header or transmission information, the unauthorized use of someone else's computer to send bulk commercial email, and the registration of an email account that materially falsifies the identity of the actual registrant.
Upon ShecyPearlJewelry's.com request, Affiliates shall provide ShecyPearlJewelry.com with documentation demonstrating that the recipients consented to receive the email at issue.
In addition, in the event of a breach of this Email Agreement by Affiliate and/or a third party or licensee, in addition to all other remedies available to it, ShecyPearlJewelry.com shall have the right to refuse to make payments to Affiliate as a result of Affiliate's efforts promoting ShecyPearlJewelry.com, which efforts cannot be verified by Affiliate as having complied with the terms and conditions of this Email Agreement.
Affiliate agrees to indemnify, defend and hold ShecyPearlJewelry.com harmless from any cost, expense or liability arising out of any breach or alleged breach of your obligations under this Email Agreement.
All terms and conditions of the ShecyPearlJewelry.com Affiliate Operating Agreement remain in full force and effect.
The undersigned warrants and represents that he/she has authority to make this agreement on behalf of Affiliate.
Please clicking Complete BELOW LINK this indicates your agreement with the Affiliate Program Operating and Email Agreement.