|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Base commission||10.00% and product specific|
|Additional terms||For all purchases from shop.esianmall.com the affiliate commision is 10% of each sale. For subscription order from esianmall.com the commisions is specific by products: Beautybox Domestic---You earn $3.00 (Flat Fee per item ordered). Beautybox International---You earn $3.00 (Flat Fee per item ordered). Glamour beautybox Domestic---You earn $6.00 (Flat Fee per item ordered). Glamour beautybox International ---You earn $6.00 (Flat Fee per item ordered). Deluxe snack box Domestic You earn $5.00 (Flat Fee per item ordered). Deluxe snack box International---You earn $5.00 (Flat Fee per item ordered). Medium snack box Domestic ---You earn $3.00 (Flat Fee per item ordered). Medium snack box International---You earn $3.00 (Flat Fee per item ordered). Mini snack box Domestic ---You earn $2.00 (Flat Fee per item ordered). Mini snack box International ---You earn $2.00 (Flat Fee per item ordered). Mystery Tee Domestic ---You earn $2.00 (Flat Fee per item ordered). Mystery Tee International ---You earn $2.00 (Flat Fee per item ordered).|
Affiliate Program Operating Agreement This Affiliate Program Operating Agreement (the "Agreement") is made and entered into by and between EsianMall ("EsianMall" or "we"), and you, ("you" or "Affiliate") the party submitting an application to become a EsianMall affiliate). The terms and conditions contained in this Agreement apply to your participation with esianmall.com/affiliate ("Affiliate Program"). Each Affiliate Program offer (an "Offer") may be for any offering by EsianMall or a third party (each such third party a "Client") and may link to a specific web site for that particular Offer ("Program Web Site"). Furthermore, each Offer may have additional terms and conditions on pages within the Affiliate Program and are incorporated as part of this Agreement. By submitting an application or participating in an Offer, you expressly consent to all the terms and conditions of this Agreement.
Enrollment in the Affiliate Program
You must submit an Affiliate Program application from our website. You must accurately complete the application to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within two (2) business days. We may accept or reject your application at our sole discretion for any reason.
Obligations of the Parties
Subject to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, EsianMall agrees as follows:
We will make available to you via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials (collectively, the "Links") which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements (collectively, "Media"). The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by EsianMall and (v) is not later determined by EsianMall to be fraudulent, incomplete, unqualified or a duplicate.
We will pay you any Commissions earned monthly, provided that your account is currently greater than $100. Accounts with a balance of less than $100 will roll over to the next month, and will continue to roll over monthly until $100 is reached. We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
Payment for Commissions is dependent upon Clients providing such funds to EsianMall, and therefore, you agree that EsianMall shall only be liable to you for Commissions to the extent that EsianMall has received such funds from the Clients. You hereby release EsianMall from any claim for Commissions if EsianMall has not received such funds from the Clients.
EsianMall shall automatically generate an invoice on behalf of Affiliate for all Commissions payable under this Agreement and shall remit payment to Affiliate based upon that invoice. All tracking of Links and determinations of Qualified Actions and Commissions shall be made by EsianMall in its sole discretion. In the event that Affiliate disputes in good faith any portion of an invoice, Affiliate must submit that dispute to EsianMall in writing and in sufficient detail within thirty (30) days of the date on the invoice. If Affiliate does not dispute the invoice as set forth herein, then Affiliate agrees that it irrevocably waives any claims based upon that invoice. In the event that Affiliate is also tracking Qualified Actions and Affiliate claims a discrepancy, Affiliate must provide EsianMall with Affiliate's reports within three (3) days after 30th day of the calendar month, and if EsianMall's and Affiliate's reported statistics vary by more than 10% and EsianMall reasonably determines that Affiliate has used generally accepted industry methods to track Qualified Actions, then EsianMall and Affiliate agree to make a good faith effort to arrive at a reconciliation. If the parties are unable to arrive at a reconciliation, then EsianMall's numbers shall govern.
If Affiliate has an outstanding balance due to EsianMall under this Agreement or any other agreement between the Affiliate and EsianMall, whether or not related to the Affiliate Program, Affiliate agrees that EsianMall may offset any such amounts due to EsianMall from amounts payable to Affiliate under this Agreement.
Affiliate also agrees to:
Have sole responsibility for the development, operation, and maintenance of, and all content on or linked to, your Media.
Ensure that all materials posted on your Media or otherwise used in connection with the Affiliate Program (i) are not illegal, (ii) do not infringe upon the intellectual property or personal rights of any third party and (iii) do not contain or link to any material which is harmful, threatening, defamatory, obscene, sexually explicit, harassing, promotes violence, promotes discrimination (whether based on sex, religion, race, ethnicity, nationality, disability or age), promotes illegal activities (such as gambling), contains profanity or otherwise contains materials that EsianMall informs you that it considers objectionable (collectively, "Objectionable Content").
Not make any representations, warranties or other statements concerning EsianMall or Client or any of their respective products or services, except as expressly authorized herein.
Make sure that your Media does not copy or resemble the look and feel of the Program Web Site or create the impression that your Media is endorsed by EsianMall or Clients or a part of the Program Web Site, without prior written permission from us.
Comply with all (i) obligations, requirements and restrictions under this Agreement and (ii) laws, rules and regulations as they relate to your business, your Media or your use of the Links.
Comply with the terms, conditions, guidelines and policies of any third party services used by Affiliate in connection with the Affiliate Program, including but not limited to, email providers, social networking services and ad networks.
Always prominently post and make available to end-users any terms and conditions in connection with the Offer set forth by EsianMall or Client, or as required by applicable laws regarding such Offers.
Make sure to not place EsianMall ads on any online auction platform (i.e. eBay, Amazon, etc).
The following additional program-specific terms shall apply to any promotional programs set forth below:
Email Campaigns. For all email campaigns, Affiliate must download the "Suppression List" from the Offers section of EsianMall. Affiliate shall filter its email list by removing any entries appearing on the Suppression List and will only send emails to the remaining addresses on its email list. EsianMall will provide an opt-out method in all Links, however, if any opt-out requests come directly to Affiliate, Affiliate shall immediately forward them to EsianMall at firstname.lastname@example.org. Affiliate's emails containing the Links may not include any content other than the Links, except as required by applicable law.
Affiliate agrees that failure to download the Suppression List and remove all emails from the database before mailing may result in Commission withholdings, removal or suspension from all or part of the Affiliate Program, possible legal action and any other rights or remedies available to EsianMall pursuant to this Agreement or otherwise. Affiliate further agrees that it will not mail or market to any suppression files generated through the EsianMall network, and that doing so may result in Commission withholdings, removal or suspension from the Affiliate Program, possible legal action and any other rights or remedies available to EsianMall pursuant to this Agreement or otherwise.
Advertising Campaigns. No Links can appear to be associated with or be positioned on chat rooms or bulletin boards unless otherwise agreed by EsianMall in writing. Any pop-ups/unders used for the Affiliate Program shall be clearly identified as Affiliate served in the title bar of the window and any client-side ad serving software used by Affiliate shall only have been installed on an end-user's computer if the function of the software is clearly disclosed to end-users prior to installation, the installation is pursuant to an affirmatively accepted and plain-english end user license agreement and the software be easily removed according to generally accepted methods.
Affiliate Network Campaigns. For all Affiliate's that maintain their own affiliate networks, Affiliate agrees to place the Links in its affiliate network (the "Network") for access and use by those affiliates in Affiliate's Network (each a "Third Party Affiliate"). Affiliate agrees that it will expressly forbid any Third Party Affiliate to modify the Links in any way. Affiliate agrees to maintain its Network according to the highest industry standards. Affiliate shall not permit any party to be a Third Party Affiliate whose web site or business model involves content containing Objectionable Content. All Third Party Affiliates must be in good standing with Affiliate. Affiliate must require and confirm that all Third Party Affiliates affirmatively accept, through verifiable means, this Agreement prior to obtaining access to the Links. Affiliate shall promptly terminate any Third Party Affiliate who takes, or could reasonably be expected to take, any action that violates the terms and conditions of this Agreement. In the event that either party suspects any wrongdoing by a Third Party Affiliate with respect to the Links, Affiliate shall promptly disclose to EsianMall the identity and contact information for such Third Party Affiliate. Affiliate shall promptly remove any Third Party Affiliate from the Affiliate Program and terminate their access to future Offers of EsianMall in the Network upon written notice from EsianMall. Unless EsianMall has been provided with all truthful and complete contact information for a Third Party Affiliate and such Third Party Affiliate has affirmatively accepted this Agreement as recorded by EsianMall, Affiliate shall remain liable for all acts or omissions of any Third Party Affiliate.
Except as otherwise provided in this Agreement or with the consent of EsianMall, you agree 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 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 you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same.
Limited License & Intellectual Property
We grant you a nonexclusive, nontransferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site.
You may not alter, modify, manipulate or create derivative works of the Links or any EsianMall graphics, creative, copy or other materials owned by, or licensed to, EsianMall in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of EsianMall's trademarks, service marks, copyrights, patents or trade secrets. You agree that EsianMall may use any suggestion, comment or recommendation you choose to provide to EsianMall without compensation. All rights not expressly granted in this Agreement are reserved by EsianMall.
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all EsianMall or Client intellectual property, and will cease representing yourself as a EsianMall or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination.
In addition to any other rights and remedies available to us under this Agreement EsianMall reserves the right to delete any actions submitted through your Links and withhold and freeze any unpaid Commissions or charge back paid Commissions to your account if (i) EsianMall determines that you have violated this Agreement, (ii) EsianMall receives any complaints about your participation in the Affiliate Program which EsianMall reasonably believes to violate this Agreement or (iii) any Qualified Action is later determined to have not met the requirements set forth in this Agreement or on the Affiliate Program. Such withholding or freezing of Commissions, or charge backs for paid Commissions, shall be without regard as to whether or not such Commissions were earned as a result of such breach. In the event of a material breach of this Agreement, EsianMall reserves the right to disclose your identity and contact information to appropriate law enforcement or regulatory authorities or any third party that has been directly damaged by your actions.
You must strictly comply with the federal CAN-SPAM Act of 2003 (the "Act"). All emails sent in connection with the Affiliate Program must include the appropriate party's opt-out link. From time to time, we may request - prior to your sending emails containing linking or referencing the Affiliate Program that you submit the final version of your email to EsianMall for approval by sending it to your EsianMall representative and upon receiving written approval from EsianMall of your email the email may be transmitted to third parties.
It is solely your obligation to ensure that the email complies with the Act. You agree not to rely upon EsianMall's approval of your email for compliance with the Act, or assert any claim that you are in compliance with the Act based upon EsianMall's approval.
You are expressly prohibited from using any persons, means, devices or arrangements to commit fraud, violate any applicable law, interfere with other affiliates or falsify information in connection with referrals through the Links or the generation of Commissions or exceed your permitted access to the Affiliate Program. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing and other deceptive acts or click-fraud. EsianMall shall make all determinations about fraudulent activity in its sole discretion.
Representations and Warranties
You hereby represent and warrant that this Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms and that you have the authority to enter into this Agreement. Subject to the other terms and conditions of this Agreement, EsianMall represents and warrants that it shall not knowingly violate any law, rule or regulation which is applicable to EsianMall's own business operations or EsianMall's proprietary products or services.
In addition to any notice permitted to be given under this Agreement, we may modify any of the terms and conditions of this Agreement at any time by providing you with a notification by email. The changes will become effective ten (10) business days after such notice. If the modifications are unacceptable to you, you may terminate this Agreement without penalty solely on the account of such termination within such ten (10) business day period. Your continued participation in this Affiliate Program ten (10) business days after a change notice has been posted will constitute your acceptance of such change. In addition, EsianMall may change, suspend or discontinue any aspect of an Offer or Link or remove, alter, or modify any tags, text, graphic or banner ad in connection with a Link. Affiliate agrees to promptly implement any request from EsianMall to remove, alter or modify any Link, graphic or banner ad that is being used by Affiliate as part of the Affiliate Program.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the Affiliate Program and each Offer and are not relying on any representation, guarantee or statement other than as set forth in this Agreement or on the Affiliate Program.
Affiliate hereby agrees to indemnify, defend and hold harmless EsianMall and Clients and their respective subsidiaries, affiliates, partners and licensors, directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on (i) any failure or breach of this Agreement, including any representation, warranty, covenant, restriction or obligation made by Affiliate herein, (ii) any misuse by Affiliate, or by a party under the reasonable control of Affiliate or obtaining access through Affiliate, of the Links, Offers or EsianMall or Client intellectual property, or (iii) any claim related to your Media, including but not limited to, the content contained on such Media (except for the Links).
EsianMall hereby agrees to indemnify, defend and hold harmless Affiliate and its subsidiaries, affiliates, partners, and their respective directors, officers, employees, owners and agents against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs) based on a claim that EsianMall is not authorized to provide you with the Links.
THE AFFILIATE PROGRAM AND LINKS, AND THE PRODUCTS AND SERVICES PROVIDED IN CONNECTION THEREWITH, ARE PROVIDED TO AFFILIATE "AS IS". EXCEPT AS EXPRESSLY SET FORTH HEREIN, EsianMall EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. EsianMall DOES NOT WARRANT THAT THE AFFILIATE PROGRAM OR LINKS WILL MEET AFFILIATE'S SPECIFIC REQUIREMENTS OR THAT THE OPERATION OF THE AFFILIATE PROGRAM OR LINKS WILL BE COMPLETELY ERROR- FREE OR UNINTERRUPTED. EsianMall EXPRESSLY DISCLAIMS ANY LIABILITY FOR ANY ACT OR OMISSION OF A CLIENT OR THEIR PRODUCTS OR SERVICES. EsianMall DOES NOT GUARANTEE THAT AFFILIATE WILL EARN ANY SPECIFIC AMOUNT OF COMMISSIONS.
Limitation of Liability
IN NO EVENT SHALL EsianMall BE LIABLE FOR ANY UNAVAILABILITY OR INOPERABILITY OF THE LINKS, PROGRAM WEB SITES, TECHNICAL MALFUNCTION, COMPUTER ERROR, CORRUPTION OR LOSS OF INFORMATION, OR OTHER INJURY, DAMAGE OR DISRUPTION OF ANY KIND BEYOND THE REASONABLE CONTROL OF EsianMall. IN NO EVENT WILL EsianMall BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PERSONAL INJURY / WRONGFUL DEATH, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF BUSINESS OPPORTUNITY, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT EsianMall HAS BEEN ADVISED OF THE POSSIBILITY THEREOF. EsianMall'S CUMULATIVE LIABILITY TO AFFILIATE, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE AMOUNTS PAID TO AFFILIATE BY EsianMall IN COMMISSIONS DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH CLAIM.
Governing Law & Miscellaneous
Affiliate shall be responsible for the payment of all attorneys fees and expenses incurred by EsianMall to enforce the terms of this Agreement. This Agreement contains the entire agreement between EsianMall and Affiliate with respect to the subject matter hereof, and supersedes all prior and/or contemporaneous agreements or understandings, written or oral. Affiliate agrees that EsianMall shall not be subject to or bound by any Affiliate insertion order or online terms and conditions that amend, conflict with or supplement this Agreement, regardless of whether EsianMall "clicks through" or otherwise indicates its acceptance thereof. Affiliate may not assign all or any part of this Agreement without EsianMall's prior written consent. EsianMall may assign this Agreement at any time with notice to Affiliate. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and valid assigns of the parties hereto. The provisions of Section 3, 4(b), 6, 7, 8, 12-15 and any accrued payment obligations shall survive the termination of this Agreement. Except as set forth in the "Modifications" section above, this Agreement may not be modified without the prior written consent of both parties. If any provision of this Agreement is held to be void, invalid or inoperative, the remaining provisions of this Agreement shall continue in effect and the invalid portion of any provision shall be deemed modified to the least degree necessary to remedy such invalidity while retaining the original intent of the parties. Each party to this Agreement is an independent contractor in relation to the other party with respect to all matters arising under this Agreement. Nothing herein shall be deemed to establish a partnership, joint venture, association or employment relationship between the parties. No course of dealing nor any delay in exercising any rights hereunder shall operate as a waiver of any such rights. No waiver of any default or breach shall be deemed a continuing waiver or a waiver of any other breach or default.
By submitting and application to Affiliate Program, you affirm and acknowledge that you have read this Agreement in its entirety and agree to be bound by all of its terms and conditions. If you do not wish to be bound by this Agreement, you should not submit an application to Affiliate Program. If an individual is accessing this Agreement on behalf of a business entity, by doing so, such individual represents that they have the legal capacity and authority to bind such business entity to this Agreement. This Agreement was last revised on 04-06-2009
You agree to the terms and conditions outlined in this Agreement with respect to the Site. This Agreement may be amended at any time by Refersion from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to each use of the Site. By using the Site, you acknowledge that you have read, understood and agreed to be bound by this Agreement.
If you are a child under the age of 13 you are only permitted to use any the Site with the permission of your parent or guardian. If it comes to the attention of Refersion that a registered user of the any of our Services is a child under the age of 13 years old, Refersion may cancel that user's account, and no notice shall be required of such cancellation.
Refersion makes no claims to the intellectual property provided and created by you and your company. Refersion owns all intellectual property in the Site, including without limitation, the proprietary software, servers, databases, components, and algorithms necessary to operate the Site. The Site may at times link to or contain content made available from third parties not associated with Refersion Any such third party content is owned by such third party and may be subject to applicable copyright and other related intellectual property laws.
We reserve the right in our sole discretion to change, edit or delete any documents, information or other content appearing on the Site. In agreeing to this Agreement and through your use of any portion of the Site you are agreeing to bear the risks of and hold Refersion harmless for any and all effects any changes, edits or deletions may have on you and your ability to use the Site or any portion thereof, in whole or in part.
You agree to indemnify, defend and hold Refersion and their respective directors, officers, shareholders, employees, agents, attorneys, advertisers, and publishers (collectively, "Our Affiliated Parties") harmless from any liability, loss, claim or expense, including reasonable attorneys' fees, related to your use of the Site or violation of this Agreement.
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from the Site is not transferable.
You represent and warrant that your usage of the Site will only be for lawful purposes and will be done in accordance with this Agreement and all applicable laws. You also represent and warrant that you will not use the Site to violate any law, regulation or ordinance or any right of Refersion or any third party, including, without limitation, any right of privacy, publicity, copyright, patent or trademark or other intellectual property right. You further represent and warrant that you have the adequate legal capacity to abide by this Agreement. You represent and warrant that all registration information (including PayPal usernames and/or passwords) provided by you in connection with accessing and/or using the Site is true, accurate, current and complete at the time of registration and you undertake to update all such registration information if at any time during your use of the Site it becomes untrue or inaccurate.
You agree to not use the Site for any purpose that is unlawful or prohibited by law, this Agreement, or any purpose not reasonably intended by Refersion.
By using Refersion, and participating as either a company or a user you are to adhere to the following rules of conduct:
Without limiting the foregoing, in no event will Refersion's liability with respect to this Agreement exceed the amount you paid (if you paid) to Refersion for the Services.
THE SITE IS MADE AVAILABLE ON AN "AS IS, AS AVAILABLE" BASIS. REFERSION DOES HEREBY SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, NON INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OFFERED BY REFERSION, INCLUDING WITHOUT LIMITATION, THE SITE AND/OR ANY INFORMATION DELIVERED, SENT, OR RECEIVED BY USERS ON OR THROUGH THE SERVICES, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
REFERSION DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, AVAILABILITY, RELIABILITY OR THE RESULTS OF THE USE OF THE SERVICES, OR ANY PORTION THEREOF, THE ACCESSIBILITY TO THE SERVICES OR ANY PORTION THEREOF, OR THE INFORMATION PROVIDED IN THE VARIOUS REFERSION DATABASES, LISTINGS DATA, AND DIRECTORIES IN TERMS OF THE ACCURACY, VALIDITY, QUALITY, RELIABILITY, COMPLETENESS, STABILITY, CURRENTNESS, OR OTHERWISE OF THEIR CONTENTS OR PRODUCTS, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICES, INCLUDING WITHOUT LIMITATION THE SITE AND ACCESS TO THE REFERSION SERVERS OR THE VARIOUS DATABASES, LISTINGS DATA, AND DIRECTORIES, IS ASSUMED AND BORNE BY YOU. REFERSION DOES NOT REPRESENT OR WARRANT TO THE ACCURACY, VALIDITY, RELIABILITY, CORRECTNESS, COMPLETENESS OR QUALITY OF ANY INFORMATION OF ANY NATURE INCLUDING WITHOUT LIMITATION USER'S DETAILS PUBLISHED ON OR THROUGH THE SERVICES.
The Site may now, or hereafter from time to time, contain links to third-party Web sites. We do not control, investigate, monitor or check such Web sites, we are not responsible for the computer programs available from, content in or opinions expressed at such Web sites. We provide such third-party links only as a convenience to visitors of the Site, and the inclusion of a link does not imply approval or endorsement of the linked site by us. If you decide to leave the Site and access any third-party Web site, you do so at your own risk. Under no circumstances shall the access to or availability of such third party services give rise to any liability to anyone for any damage of whatever nature whatsoever.
The Site may contain interviews, discussions, press releases and other information (collectively, "Information") about us, our business and our services, including links to third-party websites that contain such Information, which are being provided as a convenience to visitors of the Site. While all Information prepared by Refersion was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update any Information. Statements concerning companies other than Refersion that are contained in any such Information should not be relied upon as being provided or endorsed by us. The opinions expressed in any Information, including by employees and agents of Refersion, are solely those of the author(s) and do not necessarily reflect those of Refersion.
Any text, logos, designs, graphics, images, sounds, information, documents, or other materials (collectively, "Materials") available from or through the Site are or may be subject to United States export controls. You agree to abide by U.S. and other applicable export control laws and not to export, re-export or otherwise transfer, by electronic transmission or otherwise, any content or software subject to restrictions under such laws to a national destination prohibited under such laws or to any person to whom exports, re-exports or transfers are prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. No such Materials from this site may be downloaded or otherwise exported or re-exported (1) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, Sudan, Syria, North Korea, or any other country to which the United States has embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Denial Orders (each, a "Restricted List"). By using or downloading any Materials from the Site, you are warranting that you are not located in, under the control of, or a national or resident of any such country or on any Restricted List.
Except where expressly provided otherwise by us, all comments, feedback, information, or materials that you submit through or in association with the Site shall be considered non-confidential. By submitting such comments, feedback, information, or materials to us:
We do not accept unsolicited ideas, works, or other materials, and you acknowledge that you are responsible for and bear all risk as to the use or distribution of any such ideas, works, or materials.
Refersion expressly prohibits the scraping of email addresses from any Refersion Web site (including all areas of this Site's members and non-members) and expressly opts out of receiving commercial electronic mail messages to Refersion domain email addresses that were obtained in violation of the foregoing or by use of automatic address-generation software.
We reserve the right to cancel your account, close your dashboard and immediately deactivate all urls, links and marketing and advertising materials created on our site, with or without cause, in our sole discretion. If your account is unpaid or your method of payment does not remit payment correctly your account will be moved down to the Free Version or deleted (as described above) at Refersion's sole discretion and users and commissions may be removed. We will make sure to attempt to contact you personally before this happens, yet we cannot guarantee we will do so. If you wish to close your account, you must email us at email@example.com, upon such notice your URL will be deactivated and your logos, banners, affiliate and commission lists will not be available for your use and cannot be recovered. You will not be charged again.
Commission Price detail
Beautybox Domestic---You earn $5.00 (Flat Fee per item ordered). Beautybox International---You earn $5.00 (Flat Fee per item ordered). Glamour beautybox Domestic---You earn $12.00 (Flat Fee per item ordered). Glamour beautybox International ---You earn $12.00 (Flat Fee per item ordered). Deluxe snack box Domestic You earn $8.00 (Flat Fee per item ordered). Deluxe snack box International---You earn $8.00 (Flat Fee per item ordered). Medium snack box Domestic ---You earn $5.00 (Flat Fee per item ordered). Medium snack box International---You earn $5.00 (Flat Fee per item ordered). Mini snack box Domestic ---You earn $3.00 (Flat Fee per item ordered). Mini snack box International ---You earn $3.00 (Flat Fee per item ordered). Mystery Tee Domestic ---You earn $2.00 (Flat Fee per item ordered). Mystery Tee International ---You earn $2.00 (Flat Fee per item ordered).
Performance Bonus None Click Referral Period Visitor must purchase within 30 days of referral Action Locking All actions happening in a given month are locked 5 days after the end of the month Payout Scheduling Approved Transactions are paid on the 30th day of the month Recurring Transactions For return consumers payouts apply to 2 recurrences Media Partner Tracking Pixel Advertiser allows media partner to fire their tracking pixel when the consumer action is completed. Public Settings Minimum media partner rating for making proposal The advertiser does not allow new media partners to send them insertion order proposals Best Public Insertion Order The advertiser represents and warrants that this is NOT the best publicly available insertion order of this product type provided by advertiser. Exclusive Insertion Order The advertiser represents and warrants that this is NOT an exclusive insertion order offered on the platform. Special Terms Currency Financial transactions covered by this insertion order will be processed in the USD currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings. Change Notification Period The insertion order can be changed or cancelled with 1 days notification to the media partner. Positive changes apply immediately. Return Policy Return of performance advertising actions are decided by the Advertiser governed by a max return percentage of 100% General Terms General Terms This is an addendum to section of the Master Campaign Agreement: An EIO may only subsequently be varied by mutual agreement of the Parties in writing. These terms, together with the EIO and the Master Campaign Agreement, constitute the entire agreement between the Parties regarding its subject matter and supersedes and terminates any prior or oral or written proposals, agreements or other communications between the Parties regarding the subject matter. Requirements Media Partner represents and warrants that it shall fulfill its obligations for Advertiser that it participates with as set forth in an EIO. In the event Media Partner cannot fulfill its obligations, it will promptly notify Advertiser of such occurrence. Currency Financial transactions covered by this insertion order will be processed in the USD currency. Currency exchanges will occur when you or your partner(s) have set a different default currency in account settings. Change Notification Period The insertion order can be changed or cancelled with 1 days notification to the media partner. Positive changes apply immediately. Return Policy Return of performance advertising actions are decided by the Advertiser governed by a max return percentage of 100% Availability Period This insertion order was created on 06-Apr- 2016 (Pacific Standard Time) and will be valid until cancelled. Paid Search Terms No bidding is permitted on any search engine for Advertiser brand terms. Publishers in violation of PPC keyword restrictions will be removed immediately from the program and ALL transactions will be voided. This includes misspellings and other iterations of Advertiser brand keywords. Content Usage All content, data or other information provided by Advertiser (collectively “Content”) is owned or licensed by Advertiser. Influencer will not, and will not permit any third party to: (a) alter, modify, reproduce, or create derivative works of any Content; (b) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any Content; or (c) alter, obscure or remove any copyright, trademark or any other notices that are provided on or in connection with any Content. Except as expressly set forth herein, the Master Campaign Agreement or an EIO, Influencer is granted no rights in or to any Content therein or related thereto. Influencer Content Any content produced by Media Partner may not include or support libelous, defamatory content, knowingly false content, excessive profanity, violence or racial intolerance, illicit drugs or drug paraphernalia, pornography, adult or mature content, or any other content that promotes intolerance, illegal activity or infringes upon the legal rights of others, including, but not limited to, any third party copyright trademark, trade secret or patent. Advertisements, Links and Obstructions Media Partner shall use best efforts to ensure that (i) elements such as advertisements, links to other websites, or any other obstructions should not obscure or hide Advertiser’s Content; and (ii) no third party links or advertisements should be placed within the Media Partner content unless directly specified by Advertiser. Manipulation Media Partner shall not manipulate any code provided by Advertiser or Impact Radius, Inc. Transparency and Disclosure Media Partner shall clearly disclose the relationship between Media Partner and any Advertiser’s campaign and meet all Federal Trade Commission disclosure guidelines. Paid Search Terms No bidding is permitted on any search engine for EsianMall brand terms. Publishers in violation of PPC keyword restrictions will be removed immediately from the program and ALL transactions will be voided. This includes misspellings and other iterations of EsianMall brand keywords.