Affiliate Agreement
Effective
Date: November 10th, 2021
Primary
Website: www.Glitzry.myshopify.com
THE AGREEMENT: This Affiliate
Agreement (hereinafter called the "Agreement") is provided by the
following organization, hereinafter referred to as "Company": Glitzry. Our primary website is located
at the address listed above. The Agreement is a legal document between you and
the Company that describes the affiliate relationship we are entering into.
This Agreement covers your responsibilities as an affiliate and our
responsibilities to you. Please ensure you read and understand the entirety of
this document, as well as have a lawyer's assistance if you desire, because
each of the terms of this Agreement are important to our working relationship.
1) DEFINITIONS
The parties referred to in this Agreement
shall be defined as follows:
a) Company, Us, We: As we describe above,
we'll be referred to as the Company. Us, we, our, ours and other first-person
pronouns will also refer to the Company, as well as all employees or legal
agents of the Company.
b) You, the Affiliate: You will be referred
to as the "Affiliate." You'll also be referred to throughout this
Agreement with second-person pronouns such as You, Your, or Yours.
c) Parties: Collectively, the parties to this
Agreement (the Company and You) will be referred to as "Parties" or
individually as "Party."
d) Affiliate Program: The program we've set
up for our affiliates as described in this Agreement.
e) Affiliate Application: The fully completed
form which must be provided to us for consideration of your inclusion in the
Affiliate Program.
f) Website: The primary website we've noted
above will be referred to as Website.
2) ASSENT & ACCEPTANCE
By submitting an application to our Affiliate
Program, you warrant that you have read and reviewed this Agreement and that
you agree to be bound by it. If you do not agree to be bound by this Agreement,
please leave the website immediately and do not submit an application to our
Affiliate Program. This Agreement specifically incorporates by reference any
Terms of Conditions, Privacy Policies, End-User License Agreements, or other
legal documents which we may have on our website.
3) PROGRAM SIGN-UP
In order to sign up for our Affiliate
Program, you will first be asked to submit an Affiliate Application to join.
The Affiliate Application may be found at the following website: ________.
Submitting an Affiliate Application does not
guarantee inclusion in the Affiliate Program. We evaluate each and every
application and are the sole and exclusive decision-makers on Affiliate
acceptance. If we choose not to allow your inclusion in the Affiliate Program,
we will attempt to notify you in a reasonable manner. If you do not hear from
us within a reasonable time frame, please consider your application rejected.
We are not obligated to provide you any explanation for your rejection, but
please be advised we may reject applicants for any reason or manner, including
but not limited to a website or social media page which violates our Acceptable
Use Policy.
If your Affiliate Application is rejected,
you may not reapply. If your Affiliate Application is accepted, each of the
terms and conditions in this Agreement applies to your participation. We may
also ask for additional information to complete your Affiliate Application or
for you to undertake additional steps to ensure eligibility in the Affiliate Program.
4) NON-EXCLUSIVITY
This Agreement does not create an exclusive
relationship between you and us. You are free to work with similar affiliate
program providers in any category. This agreement imposes no restrictions on us
to work with any individual or company we may choose.
5) AFFILIATE PROGRAM
After your acceptance in the Affiliate
Program, you must ensure your account is set up thoroughly, including specific
payout information and location (such as a bank or online account which we may
use to post payment).
Please
be advised the below is a general description of the Affiliate Program.
Everything contained in this subsection is subject to the specific terms and
conditions throughout the rest of this Agreement.
We will provide you with a specific link or
links which correspond to certain products we are offering for sale
(collectively, the "Link"). The Link will be keyed to your identity
and will send online users to the Company's website or websites. You hereby
agree to fully cooperate with us regarding the Link and that you will
explicitly comply with all of the terms of this Agreement for the promotion of
the Link at all times. We may modify the specific link or links and will notify
you if we do so. You agree to only use links which are prior approved by us and
to display the Link prominently on your website or social media page, as
described in your Affiliate Application (collectively, the "Affiliate
Site").
Each time a user clicks through the Link
posted on the Affiliate Site and completes the sale of the product or service
and we determine it is a Qualified Purchase, as described below, you will be
eligible to receive the following percentage of the sale: 15% (fifteen percent).
6) SPECIFIC TERMS APPLICABLE
We will determine whether payout is
permissible in our sole and exclusive discretion. We reserve the right to
reject clicks and/or sales that do not comply with the terms of this Agreement.
Processing and fulfillment of orders will be
our responsibility. We will also provide real-time data regarding your account
with us through the portal on which you log into the website.
As described above, in order to be eligible
for payout, user purchases must be "Qualified Purchases." Qualified
Purchases:
a) Must not be referred by any other partner
or affiliate links of the Company (in other words, Qualified Purchases are only
available through your specific Affiliate Link;
b) May not be purchased by an
already-existing partner or affiliate of the Company;
c) May not be purchased prior to the
Affiliate joining the Affiliate Program;
d) May only be purchased through a
properly-tracking Affiliate Link;
e) May not be purchased by a customer in
violation of any of our legal terms or Acceptable Use Policy;
f) May not be fraudulent in any way, in the
Company's sole and exclusive discretion;
g) May not have been induced by the Affiliate
offering the customer any coupons or discounts;
7) PAYOUT INFORMATION
Payouts will only be available when the
Company has your current address information as well as accounting and tax
documentation. You will be asked to submit a W8/W9 tax form. Accounting
information may include the routing and account number of a bank where you wish
to post a direct deposit or may include an email address for an online method
of payment.
Currently, the Company employs the following
methods of payout:
Paypal; Venmo; Pay tm
For any changes in your address or accounting
information, you must notify us immediately and we will endeavor to make the
changes to your payout information as soon as possible.
Payouts will be available the month or period
after they accrue. For example, if payouts are made every 15 days, an entire 15
day period must finish for the payout of that period to be available in the
following period.
We explicitly reserve the right to change
payout information in our sole and exclusive discretion. If we do so, you will
be notified.
Payouts are also subject to the following
restriction:
a) Payouts are only available when a
threshold of the following amount is met: $90 (ninety US dollars).
For any disputes as to payout, the Company
must be notified within thirty days of your receipt of the payout. We will
review each dispute notification as well as the underlying payout transaction
to which it is related. Disputes filed after thirty days of payout will not be
addressed.
8) REPORTS
You may log into your account with us to
review reports related to your affiliation, such as payout reports and
Qualified Click and/or Purchase information. Please be advised however, that
not all listed qualifying clicks and/or purchases have been fully reviewed for
accuracy in the reports viewable by you in real-time and therefore may be
subject to change prior to payout.
9) TERM, TERMINATION & SUSPENSION
The term of this Agreement will begin when we
accept you into the Affiliate Program. It can be terminated by either Party at
any time with or without cause.
You may only earn payouts as long as you are
an Affiliate in good standing during the term. If you terminate this Agreement
with us, you will qualify to receive payouts earned prior to the date of
termination.
If you fail to follow the terms of this
Agreement or any other legal terms we have posted anywhere on our website or
websites, you forfeit all rights, including the right to any unclaimed payout.
We specifically reserve the right to
terminate this Agreement if you violate any of the terms outlined herein,
including, but not limited to, violating the intellectual property rights of
the Company or a third party, failing to comply with applicable laws or other
legal obligations, and/or publishing or distributing illegal material.
At the termination of this Agreement, any
provisions that would be expected to survive termination by their nature shall
remain in full force and effect.
10) INTELLECTUAL PROPERTY
You agree that the intellectual property
owned by the Company includes all copyrights, trademarks, trade secrets,
patents, and other intellectual property belonging to the Company
("Company IP").
Subject to the limitations listed below, we
hereby grant you a non-exclusive, non-transferable, revocable license to access
our websites in conjunction with the Affiliate Program and use the Company IP
solely and exclusively in conjunction with identifying our company and brand on
the Affiliate Site to send customers to the Affiliate links we provide. You may
not modify the Company IP in any way and you are only permitted to use the
Company IP if you are an Affiliate in good standing with us.
We may revoke this license at any time and if
we find that you are using the Company IP in any manner not contemplated by
this Agreement, we reserve the right to terminate this Agreement.
Other than as provided herein, you are not
permitted to use any of the Company IP or any confusingly similar variation of
the Company IP without our express prior written permission. This includes a
restriction on using the Company IP in any domain or website name, in any
keywords or advertising, in any metatags or code, or in any way that is likely
to cause consumer confusion.
Please be advised that your unauthorized use
of any Company IP shall constitute unlawful infringement and we reserve all of
our rights, including the right to pursue an infringement suit against you in
federal court. You may be obligated to pay monetary damages or legal fees and
costs.
You hereby provide us a non-exclusive license
to use your name, trademarks and servicemarks if applicable and other business
intellectual property to advertise our Affiliate Program.
11) MODIFICATION & VARIATION
The Company may, from time to time and at any
time, modify this Agreement. You agree that the Company has the right to modify
this Agreement or revise anything contained herein. You further agree that all
modifications to this Agreement are in full force and effect immediately upon
posting on the Website and that modifications or variations will replace any
prior version of this Agreement, unless prior versions are specifically
referred to or incorporated into the latest modification or variation of this
Agreement. If we update or replace the terms of this Agreement, we will let you
know via electronic means, which may include an email. If you don't agree to
the update or replacement, you can choose to terminate this Agreement as
described below.
a) To the extent any part or subpart of this
Agreement is held ineffective or invalid by any court of law, you agree that
the prior, effective version of this Agreement shall be considered enforceable
and valid to the fullest extent.
b) You agree to routinely monitor this
Agreement and refer to the Effective Date posted at the top of this Agreement
to note modifications or variations. You further agree to clear your cache when
doing so to avoid accessing a prior version of this Agreement.
12) RELATIONSHIP OF THE PARTIES
Nothing contained within this Agreement shall
be construed to form any partnership, joint venture, agency, franchise, or
employment relationship. You are an independent contractor of the Company and
will remain so at all times.
13) ACCEPTABLE USE
You agree not to use the Affiliate Program or
our Company for any unlawful purpose or any purpose prohibited under this
clause. You agree not to use the Affiliate Program in any way that could damage
our websites, products, services, or the general business of the Company.
a) You further agree not to use the Affiliate
Program:
I) To harass, abuse, or threaten others or
otherwise violate any person's legal rights;
II) To violate any intellectual property
rights of the Company or any third party;
III) To upload or otherwise disseminate any
computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful
gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or
defamatory material;
VII) To publish or distribute any material
that incites violence, hate, or discrimination towards any group;
VIII) To unlawfully gather information about
others.
14) AFFILIATE OBLIGATIONS & FTC
COMPLIANCE
You are responsible for ensuring operation
and maintenance of the Affiliate Site, including technical operations, written
claims, links, and accuracy of materials. You must ensure, as noted above, that
the Affiliate Site does not infringe upon the intellectual property rights of
any third party or otherwise violate any legal rights.
We may monitor your account, as well as
clicks and/or purchases coming through your account. If we determine you are
not in compliance with any of the terms of this Agreement, we have the right to
immediately terminate your participation in the Affiliate Program.
We require all of our Affiliates to comply
with all applicable statutes, regulations, and guidelines set by the federal
government, through the Federal Trade Commission, as well as state and local
governments as mandated. The Federal Trade Commission requires that affiliate
relationships, such as the relationship between you and the Company, be
disclosed to consumers.
We recommend that you seek independent legal
counsel to advise you of our obligations to disclose in this manner.
You are required to post a conspicuous notice
on your website regarding the Affiliate Program. The notice does not have to
contain the precise words as the example given below, but should be similar:
We engage in affiliate marketing whereby we
receive funds through clicks to our affiliate program through this website or
we receive funds through the sale of goods or services on or through this
website. We may also accept advertising and sponsorships from commercial
businesses or receive other forms of advertising compensation. This disclosure
is intended to comply with the US Federal Trade Commission Rules on marketing
and advertising, as well as any other legal requirements which may apply.
We also require you to comply with any and
all applicable data privacy and security laws and regulations, including all of
those which may impact your country of residence or your visitors. Such
regulations include, but are not limited to, any applicable laws in the United
States or the General Data Protection Regulation of the European Union. We also
require that you implement adequate organizational and technical measures to
ensure an appropriate level of security for the data that you process. Further,
you hereby agree to comply with any requests which we may make to you regarding
compliance with the General Data Protection Regulation or requests which you
may receive from data subjects.
If we find you are not in compliance with any
of the requirements of this subpart, we may terminate our relationship with you
at our sole and exclusive discretion.
15) REVERSE ENGINEERING & SECURITY
You agree not to undertake any of the
following actions:
a) Reverse engineer, or attempt to reverse
engineer or disassemble any code or software from or on any of our websites or
services;
b) Violate the security of any of our
websites or services through any unauthorized access, circumvention of
encryption or other security tools, data mining or interference to any host,
user or network.
16) DATA LOSS
The Company does not accept responsibility
for the security of your account or content. You agree that your participation
in the Affiliate Program is at your own risk.
17) SERVICE INTERRUPTIONS
The Company may need to interrupt your access
to the Affiliate Program to perform maintenance or emergency services on a
scheduled or unscheduled basis. You agree that your access may be affected by
unanticipated or unscheduled downtime, for any reason, but that the Company
shall have no liability for any damage or loss caused as a result of such
downtime.
18) NO WARRANTIES
You agree that your use of the Affiliate
Program is at your sole and exclusive risk and that any services provided by us
are on an "As Is" basis. The Company hereby expressly disclaims any
and all express or implied warranties of any kind, including, but not limited
to the implied warranty of fitness for a particular purpose and the implied
warranty of merchantability. The Company makes no warranties that the Affiliate
Program will meet your needs or that it will be uninterrupted, error-free, or
secure. The Company also makes no warranties as to the reliability or accuracy
of any information. You agree that any damage that may occur to you, through
your computer system, or as a result of loss of your data from your use of the Affiliate
Program is your sole responsibility and that the Company is not liable for any
such damage or loss.
19) LIMITATION ON LIABILITY
The Company is not liable for any damages
that may occur to you as a result of your participation in the Affiliate Program,
to the fullest extent permitted by law. The maximum liability of the Company
arising from or relating to this Agreement is limited to one hundred ($100) US
Dollars. This section applies to any and all claims by you, including, but not
limited to, lost profits or revenues, consequential or punitive damages,
negligence, strict liability, fraud, or torts of any kind.
20) GENERAL PROVISIONS:
A) LANGUAGE: All communications made or
notices given pursuant to this Agreement shall be in the English language.
B) JURISDICTION, VENUE & CHOICE OF LAW:
Through your participation in the Affiliate Program, you agree that Alabama shall
govern any matter or dispute relating to or arising out of this Agreement, as
well as any dispute of any kind that may arise between you and the Company,
with the exception of its conflict of law provisions. In case any litigation
specifically permitted under this Agreement is initiated, the Parties agree to
submit to the personal jurisdiction of the state and federal courts of the
following county: United States, Alabama.
The Parties agree that this choice of law, venue, and jurisdiction provision is
not permissive, but rather mandatory in nature. You hereby waive the right to
any objection of venue, including assertion of the doctrine of forum non
conveniens or similar doctrine.
C) ARBITRATION: In case of a dispute between
the Parties relating to or arising out of this Agreement, the Parties shall
first attempt to resolve the dispute personally and in good faith. If these
personal resolution attempts fail, the Parties shall then submit the dispute to
binding arbitration. The arbitration shall be conducted in the following
county: United States. The arbitration
shall be conducted by a single arbitrator, and such arbitrator shall have no
authority to add Parties, vary the provisions of this Agreement, award punitive
damages, or certify a class. The arbitrator shall be bound by applicable and
governing Federal law as well as the law of Alabama. Each Party shall pay their own costs
and fees. Claims necessitating arbitration under this section include, but are
not limited to: contract claims, tort claims, claims based on Federal and state
law, and claims based on local laws, ordinances, statutes or regulations.
Intellectual property claims by the Company will not be subject to arbitration
and may, as an exception to this subpart, be litigated. The Parties, in
agreement with this subpart of this Agreement, waive any rights they may have
to a jury trial in regard to arbitral claims.
D) ASSIGNMENT: This Agreement, or the rights
granted hereunder, may not be assigned, sold, leased or otherwise transferred
in whole or part by you. Should this Agreement, or the rights granted
hereunder, by assigned, sold, leased or otherwise transferred by the Company,
the rights and liabilities of the Company will bind and inure to any assignees,
administrators, successors, and executors.
E) SEVERABILITY: If any part or subpart of
this Agreement is held invalid or unenforceable by a court of law or competent
arbitrator, the remaining parts and subparts will be enforced to the maximum
extent possible. In such condition, the remainder of this Agreement shall
continue in full force.
F) NO WAIVER: In the event that we fail to
enforce any provision of this Agreement, this shall not constitute a waiver of
any future enforcement of that provision or of any other provision. Waiver of
any part or subpart of this Agreement will not constitute a waiver of any other
part or subpart.
G) HEADINGS FOR CONVENIENCE ONLY: Headings of
parts and subparts under this Agreement are for convenience and organization,
only. Headings shall not affect the meaning of any provisions of this
Agreement.
H) FORCE MAJEURE: The Company is not liable
for any failure to perform due to causes beyond its reasonable control
including, but not limited to, acts of God, acts of civil authorities, acts of
military authorities, riots, embargoes, acts of nature and natural disasters,
and other acts which may be due to unforeseen circumstances.
I) ELECTRONIC COMMUNICATIONS PERMITTED:
Electronic communications are permitted to both Parties under this Agreement,
including email or fax. For any questions or concerns, please email us at the
following address: glitzryy@gmail.com.
Welcome to Glitzry! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
3. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
5. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
6. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
7. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: glitzryy@gmail.com.
Go forward and refer!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to glitzryy@gmail.com for support.
Welcome to Glitzry! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. Approve or Reject of the Registration
We reserve the right to approve or reject ANY Affiliate Program Registration in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Registration.
2. Affiliate Links and Coupon
Affiliate link is automatically generated, but you can also generate an affiliate link for a specific product or collection. If a person clicks on someone else’s referral link and then later they click on yours, yours is the one that counts.
Affiliate might or might not be assigned to one coupon code with details and usage clarified on Dashboard. If customer both click on the affiliate link and use coupon code, you will not receive a double commission. If you’re not assigned a branded coupon, then you’re not allowed to promote the coupon.
Affiliate may also advertise merchant website on online channels such as Facebook, Instagram,... or offline classified channel ads, magazines, and newspapers.
3. Commissions and payment
Refer any customer to make a purchase on our website, you will get a commission amount which is calculated based on Commission structure. Commission amount is dependent on order value and not including extra fee (tax, shipping cost,...).
For an Affiliate to receive a commission, you need to specify the payment details on Settings. Payment schedule will be notified on Affiliate Guide page.
Payments will only be sent for transactions that have been successfully completed. Use of the Affiliate Program is subject to a fair use policy which gives merchant the right to review each and every referral order. Status of commission if displayed in Commission tab, any paid commission will be listed on Payment tab. Transactions that result in charge backs or refunds will not be paid out.
4. Marketing tool
We may share promotion media such as banner, logo or specific collection promotion to you through Marketing tool tab. You can download the media or get the HTML embed code in order to share on affiliate channels.
5. Network
If Network tab is activated, affiliate can invite others to become their downline affiliate. If any downline affiliate brings order to merchant shop, upline affiliate will also get network commission which depends on merchant settings.
To invite other affiliates into the system, share network link and any other affiliate who click on that link and sign up will become a downline affiliate.
6. Cookie
We use a cookie to track people who have clicked on your link, so they need to be using cookies for us to track them.
If a person doesn't allow cookies or clears their cookies then we can't track them so can't pay earnings on that person's activity.
Cookies day is said on the Affiliate registration form. The tracking day will start from the time a customer clicks on the affiliate’s link or use the coupon. Within the cookie time, every order made by this customer at merchant website will automatically result in commissions to the affiliate (There’s no need for the customer to click on the affiliate link then).
7. Removal from Referral Program
If an affiliate wishes to be removed from the affiliate program, they can do so by contacting: glitzryy@gmail.com.
Go forward and refer!
We're very glad you've made it to the end of this important document.
We wish you all the very best. You can always re-visit these Affiliate Program terms and conditions in the future and if you have any questions you can send email to glitzryy@gmail.com for support.
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