AFFILIATE MARKETING PROGRAM TERMS AND CONDITIONS
These Terms and Conditions are dated 8th March 2021, (the “Effective date“).
Please read these Terms & Conditions (“Terms”, “T&C”) carefully before registering into our Affiliate Marketing Program.
By being registered as an Affiliate, you agree to these Terms. If you are registering as a representative of an entity, you are agreeing to these Terms on behalf of that entity. If you disagree with any part of these Terms, you cannot be registered as an Affiliate.
We may make changes to the Terms from time to time. You may reject the changes by terminating your registration as an Affiliate. You understand and agree that if you continue your registration with us after the date on which the Terms have changed, we will treat your continuation as acceptance of the updated Terms.
You may not apply for registration unless you are over the age of thirteen (13).
If you have any questions about the Terms, please contact us at firstname.lastname@example.org.
The following definitions and rules of interpretation apply in this T&C.
- Any reference to “we”, “us”, “our” or the “Merchant” shall represent Jump Rope For Good Limited a company incorporated under the laws of Hong Kong and having its registered office at 30/F, New World Tower, 16-18 Queen’s Road Central, Hong Kong, China.
- Any reference to “you”, “your” or the “Affiliate” shall represent Affiliate First Name Affiliate Last Name of Affiliate Address.
- “Consumer” shall mean the person who ends up buying the Product promoted or marketed by you, the Affiliate.
- “Party” shall mean either of the Merchant or Affiliate individually and “Parties” shall mean both of them collectively.
- shall mean the Product set out in Appendix A.
- Clause, appendix and paragraph headings shall not affect the interpretation of this T&C.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- A reference to writing or written includes fax and email.
- Any words following the terms “including”, “include”, “in particular”, “for example”, or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- YOUR AGREEMENT WITH US
- By agreeing to these Terms, you agree:
- to promote, advertise, market or sell whether via social media, blogs, websites, applications or any other online platform or media subject to Clause 2.3 to Consumers for their own use only, and not for remarketing or redistribution, unless otherwise agreed to by us prior in writing, the Product listed in Appendix A of this T&C, (the “Promotional Activities”). You are allowed to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Promotion materials”) to perform the Promotional Activities.
- Product in the territories listed in Appendix A of this T&C, provided you meet the criteria required for delivering services according to Appendix A.
- to acknowledge that you neither have, nor shall claim any right, title or interest on the Product or the advertising and promotion materials, trademarks, copyrights including any slogan, phrases or words therein that we may provide to you to facilitate the Promotional Activities.
- Promotion platforms and restrictions: You shall carry out the promotional activities on and through the following platforms: Facebook, Instagram, your own website, blog, any online digital platofmr. You shall not perform any promotional activities on the following restricted platforms adult websites, dark web, deep web, illegal websites or certain coupon websites. Any violation of this Clause shall immediately terminate your agreement with us as an Affiliate and shall entitle us to hold or cancel your outstanding payments at our sole discretion.
- 2.3 Excluded Product: You shall not be paid for the sale of any excluded products as listed in Appendix A.
- Trademarks and copyrights: You shall protect our copyrights, tradenames, trademarks, service marks, trade secrets and other confidential proprietary rights and information and report promptly any infringements or suspected infringements of which you become aware and shall cooperate fully with us in our efforts to protect our copyrights, tradenames, trademarks, service marks, trade secrets and other confidential proprietary rights and information.
- No Alterations: You agree not to remove or alter in any manner any copyright, logo, trademark, or other proprietary notices contained in the promotional materials or the Product.
- Permits, Licenses and Compliance with Laws: You shall be responsible and shall bear all costs for complying with local, state, provincial, federal, national, and international statutes, rules, regulations and ordinances of any kind which is related to or can affect your duties under this T&C.
- You shall keep accurate records of the sales of the Product, including Consumer details and shall make these records available for review to us within ten (10) business days following the end of each month.
- You shall attend initial marketing, application, and technical training as required and provided by us; provided, however, that you shall not require to market or promote according to a marketing plan or system prescribed by us. You may, however, be responsible to display and explain in detail the methods by which you plan to achieve the targeted sales.
- Activity Record: You shall keep and make available with two (2) business days of demand accurate records of the number of click through, impressions, registrations, enquiries and any leads generated that can be a measure of your promotional activity in the following manner:
- Conduct: You shall:
- conduct your promotional activities in a manner that reflects favorably at all times on the Product sold and the good name, goodwill and reputation of ours;
- avoid deceptive, misleading or unethical practices that are or might be detrimental to us, the Product or the public, including but not limited to disparagement of the Product or us;
- make no false or misleading representation with respect to the Product or us; and
- make no representations with respect to the Product or us that are inconsistent with any related agreements, promotional materials and other literature distributed by us, including all liability limitations and disclaimers contained in such materials and
- provide accurate and complete registration information any time you register with us.
- The payment basis shall be pay per sale.
- twenty percent (20%) of the “net sales price”. The “net sales price” shall mean the invoiced price of the Product sold less all returns, discounts, and freight charges. Commission shall be earned when the Consumer has paid the us for the Products sold.
- You shall be paid only for the sales generated by click-throughs delivered from your affiliate links. Any purchase made by the consumer without clicking on your affiliate link shall not be paid.
- We will pay you by the end of the calendar month following any calendar month in which a payment request made by you is received by us provided that the payment accrued to you equals or exceeds the payment threshold of one hundred US dollars (USD 100). Each of your payment requests must include an invoice and any necessary reports required to evidence the invoice or the payment.
- Payment shall be made by PayPal account.
- Payments may be subject to deduction or withholding of tax as required by law.
- If we are investigating your compliance with this T&C or you have been suspended or terminated as an Affiliate, your payment may be delayed or withheld.
- To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information at the time of your registration.
- We may make changes to the payment terms from time to time. You may reject the changes by terminating your registration as an Affiliate. You understand and agree that if you continue your registration with us after the date on which the payment terms have changed, we will treat your continuation as acceptance of the updated Terms.
- CANCELLATION AND TERMINATION
- You must cancel your registration as an Affiliate via support request at email@example.com using your account email. Any other emails or phone requests to cancel your account will not be considered a cancellation.
- If you cancel your registration, your cancellation will take effect immediately and you shall be paid on the basis of sales made or leads generated or clicks delivered up-to the day of your cancellation.
- You agree that we may at any time, at our sole discretion and for any or no reason, terminate or suspend your registration as an Affiliate. You agree that any termination of your registration may be without prior notice, and you agree that we will not be liable to you or any third party for such termination.
- INTELLECTUAL PROPERTY RIGHTS AND RESTRICTIONS
- All of the content available during the course of your affiliation with us, including without limitation, text, photographs, graphics, logos, trade/service marks, and/or audiovisual content, is owned and/or controlled by us, or other licensors or Service users and is protected, as applicable, by copyright, trademark, trade dress, patent, and trade secret laws, other proprietary rights, and international treaties. You acknowledge that the Product and any underlying technology or software used in connection with the Product contain our proprietary information.
- You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to replicate the Product or any part thereof, unless this is expressly permitted or required by law, or unless You have been specifically told that You may do so by us, in writing.
- LIMITATIONS ON LIABILITY
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS THE CANCELLATION OF YOUR REGISTRATION. IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO OR ARISING OUT OF YOUR REGISTRATION WITH US AS AN AFFILIATE, REGARDLESS OF THE FORM OF ACTION, EXCEED THE TOTAL AMOUNT OF PAYMENT ACCRUED OR DUE TO YOU, IF ANY. IN NO EVENT SHALL WE BE LIABLE TO YOU (OR TO ANY THIRD PARTY CLAIMING UNDER OR THROUGH YOU) FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES OR ANY OTHER DAMAGES ARISING FROM THE PRODUCT OR ANY ACTIVITIES, WHETHER ON-LINE OR OFF-LINE, OR OTHERWISE IN CONNECTION WITH THE TERMS. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, ANY OTHER COMMERCIAL DAMAGES OR LOSSES, OR ANY PERSONAL INJURY, OR PROPERTY DAMAGES, OR ANY THEORY OF LIABILITY, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to hold harmless and indemnify us, and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of the Terms, or (b) your violation of applicable laws, rules or regulations in connection with the Product, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. In such a case, we will provide you with written notice of such claim, suit, or action.
- ENTIRE AGREEMENT
You acknowledge that you will have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms.
If any part or provision of the Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this T&C.
No failure or delay to exercise any right or remedy provided under this T&C or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
No party may assign, transfer, mortgage, charge, subcontract, declare a trust over, or deal in any other manner with any of its rights and obligations under this T&C unless with the prior written consent of the other party.
- NO PARTNERSHIP OR AGENCY
- Affiliates are independent contractors, and nothing in this T&C is intended to, or shall be deemed to, establish any partnership, joint venture, franchise, sales representative or employment relationship between any of the Parties, constitute any Party the agent of another Party, or authorise any Party to make or enter into any commitments for or on behalf of any other Party. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
- Each Party confirms it is acting on its own behalf and not for the benefit of any other person.
- GOVERNING LAW AND DISPUTE RESOLUTION
This T&C and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
Any sale of the following Product by the Affiliate shall not be paid:
Excluded Items : Live Workshops
The Affiliate shall provide first line customer support services in the following territories: