PLEASE
MAKE SURE TO READ THE ENTIRE DOCUMENT.
THIS
PAGE MAY BE PRINTED FOR YOUR RECORDS.
THIS
IS A LEGAL AGREEMENT BETWEEN AFFILIATE (YOU) AND KWEEN AND CO, LOCATED IN WARMINSTER,
PA.
BY
SIGNING UP FOR OUR AFFILIATE PROGRAM VIA CLICKING “JOIN” YOU ARE AGREEING THAT
YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS AND THAT YOU AGREE TO
BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION HEREIN.
0. Definitions
Throughout
the following document, the following definitions will apply.
Kween
And Co., “we”, “us”, “our” refers to Kween And Co. and its applicable
subsidiaries, which is the designated operator of this affiliate program, whose
terms and conditions are set out herein.
Kween
And Co. Affiliate Program (“Affiliate Program”) refers to the
affiliate program operated by Kween And Co.
Affiliate
Program Manager means
the individual or individual who has the legal authority from Kween And Co. to
manage and represent its interests in the Affiliate Program
Affiliate,
“you”, “your”, “yours” means the legal entity agreeing to participate in
the Program, and who will legally be bound by the terms and conditions herein
Affiliate
Agreement refers
to these Terms and Conditions of the Affiliate Program.
Kween
And Co. Website(s) refer
to kween.co or any of its subdomains.
Affiliate
Dashboard refers
to the online location (https://oat.haus/pages/register-affiliate-account)
through which the Affiliate can manage the Affiliate Program and accept these
Terms and Conditions.
User refers to the
Affiliate website visitor who may or may not click an Affiliate link and be directed
to the Kween And Co. Website to purchase products from Kween And Co..
Commission refers to the
amount earned from successful purchases on the Kween And Co. Website through
referral by Affiliate.
Abandoned
Affiliate Account means
any Affiliate account whose Affiliate Dashboard has not been logged into for a
period of 6 months and/or has no transactions posted during a period of six
months.
1. Overview
These
are the complete list of Terms and Conditions for the Affiliate Program. The
purpose of enrolling in the Affiliate Program is to allow you to make affiliate
commissions for the sales of our subscriptions originating from your
promotional activities in the manner set forth herein.
2. Affiliate Obligations and Rules
2.1 To enroll in our
Affiliate Program, you must:
- be at the
age of majority in your jurisdiction or the age of 18 whichever is
greater;
- have the
legal authority to enter into this Agreement and to be bound to the
promises, covenants, and other duties set forth herein;
- complete
and submit the online application through the Affiliate Dashboard;
- be
enrolled or accepted by Kween And Co. into the Affiliate Program.
2.2 Kween And Co. may
choose at their discretion to auto-approve your application. This does not
imply that we will not re-evaluate your application at a later time. We reserve
the right to reject your membership in our Affiliate Program at any point in
time, at our sole discretion. This is especially true if the Affiliate’s
website or promotional materials breach any of the points set out in 2.4.
2.3 In the event that
Affiliate materially breaches this Agreement and Kween And Co. terminates this
Agreement any accrued and payable Commissions owing to Affiliate shall be
forfeited, and Kween And Co. shall not be obligated to pay such Commissions to
Affiliate.
2.4 Affiliate agrees
that Affiliate’s website, service or correspondence does not contain any
materials that in Kween And Co.’ sole discretion is considered to:
- Promote
adult content, including nudity, sexual terms and/or images of people in
positions or activities that are excessively suggestive or sexual, or
provocative images in violation of legislation in your local jurisdiction;
- Includes
violent, obscene, defamatory, libelous, slanderous and/or unlawful
content;
- Promote
hate speech, whether directed at an individual or a group, and whether
based upon the race, sex, creed, national origin, religious affiliation,
marital status, sexual orientation, gender identity, or language of such
individual or group;
- Incorporate
any materials which infringe or assist others to infringe on any
copyright, trademark or other intellectual property rights or to violate
the law
- Includes “Kween
And Co.” or variations or misspellings thereof in its domain name and as
keywords in PPC campaigns
- Promote
political or religious agendas and/or any known associations with hate,
criminal and/or terrorist activities;
- Promote
gambling, including without limitation, any online casino, sports books,
bingo, or poker;
- Contain
software downloads that potentially enable diversions of commission from
other affiliates in our program;
- Make
representations through domain name, code, designs, imagery, video, text
or otherwise that makes your website resemble the Kween And Co. Website in
a manner which leads customers to believe you are the Kween And Co.
Website, business or a legal representative of Kween And Co. in any way.
Creation of separate websites to solely promote Kween And Co. products and
services is also strictly prohibited.
- Offer
rebates, coupons, or other form of promised kickbacks from your Commission
as an incentive. Adding bonuses or bundling other products with Kween And
Co., however, is acceptable, if prior permission is received from the
Affiliate Program Manager.
- Make false
claims and promote non-existing discounts, coupons, bargains or use other
misleading strategies to gain traffic through the affiliate links.
- Promote
any special deal or offer in a way that contradicts the arrangement set
forth by the Affiliate Program Manager when offering such a deal to you.
- Generate
pop-ups, pop-unders, iframes, frames, or any other seen or unseen actions
that set affiliate cookies unless the user has expressed a clear and
explicit interest in activating a specific savings by clicking on a
clearly marked link, button or image for that particular coupon or deal.
Affiliate Program links must direct users to the Kween And Co. Website
2.4.1 User must be able to
see coupon/deal/savings information and details before an affiliate cookie is
set (i.e. “click here to see coupons and open a window to the Kween And Co.
website” is NOT allowed).
2.4.2 Affiliate sites may
not have “Click for (or to see) Deal/Coupon” or any variation, when there are
no coupons or deals available, and the click opens the Kween And Co. Website or
sets a cookie. Affiliates with such text will be removed from the program
immediately.
2.4.3 Affiliates may not
bid on or use phrases, such as Kween And Co. Coupon(s), Kween And Co.
Discount(s) or other phrases implying coupons are available. Any misspellings
of our brand name in combination with coupon/deal/savings or any synonyms or
similar alterations of these words are also strictly prohibited.
2.4.4 Affiliates may not
use misleading text on affiliate links, buttons or images to advertise anything
besides currently authorized deals to the specific affiliate. The commercial
purpose of the Affiliate’s marketing efforts must be clearly identifiable. The
Affiliate shall not disguise its affiliate marketing efforts as consumer
recommendations or as similar non-commercial messages.
2.5. As a member of the
Affiliate Program, you will be granted access to the Affiliate Dashboard. Here
you will have an option to review the details of our Affiliate Program
including our promotional materials, such as affiliate links to web pages
within the Kween And Co. Website and banner creatives. You will be free to
browse and get tracking codes for our deals if and when they are available. In
order for us to accurately keep track of all guest visits from your site to the
Kween And Co. Website, you must use the affiliate link that we provide for each
banner, text link, HTML code, or any other promotional material listed.
2.6. Kween And Co.
reserves the right, at any time, to review your link placement and either
approve or disapprove the use of your affiliate links and require that you
change the placement of links or ask you to comply with these guidelines.
2.7. The Affiliate is
solely responsible for the maintenance and information updates on your site.
For example, if Kween And Co.’ pricing policy changes, it will be up to the
Affiliate to update this information. We may monitor your site as we feel
necessary to make sure that it is up-to-date and to notify you of any changes
that we feel should enhance your performance.
2.8. It is your sole
responsibility to follow all applicable laws, regulations, government decrees,
authorities’ decisions and the like relating to:
1)
protection of intellectual property;
2)
marketing of goods and services;
3)
unfair business practices; and
4)
any other similar field of regulation that pertain to your website or any
promotional materials on your website. If you violate any such rules of law or
any third party presents any allegations or claims that pertain to information
you place on your website and promotional materials you use, you will indemnify
and hold Kween And Co. harmless for any and all costs arising out of any such
violations, allegations or claims.
2.9 As an affiliate,
you can only create and use one (1) account. You can list multiple domains
within one account, but only one account is allowed.
2.10 Self-referrals for
affiliate purchases are strictly prohibited. This means that you cannot refer
yourself, your immediate family or the company you work for by using your
affiliate link. You will not receive a Commission on any purchases made by
yourself for your own use, your immediate family members or the company you
work for.
2.11. We reserve the
right to remove Abandoned Affiliate Accounts from our system if their balance
is equal to or less than $50 after a 6 month period of inactivity. In this case
any accumulated commissions below $50 (minimum payout threshold) will be
forfeited.
2.12 If your account was
terminated due to violations set forth in these Affiliate Program Terms, you
may not create another account in our Affiliate Program.
3. Kween And Co. Rights and Obligations
3.1. We reserve the
right to monitor your site at any time to determine whether you are following
these Terms and Conditions. We may inform you of any changes to your site that
we feel you should make, or to ensure that your affiliate links to the Kween
And Co. Website are placed appropriately and to notify you of any other changes
that we feel should be made. Failure to make the changes to your site that we
feel are necessary within reasonable time (no longer than 30 days) constitutes
a material breach of this Affiliate Agreement.
3.2. Kween And Co.
reserves the right to terminate your participation in the Affiliate Program
immediately and without prior notice to you if you commit fraud or abuse this
Affiliate Program in any way (including material breaches of section 2.4 and
section 7 of this Affiliate Agreement). If such fraud or abuse is detected, Kween
And Co. shall not be liable to you for any Commissions for any fraudulent
sales/sales based on abuse.
3.3. These Terms and
Conditions will begin to apply to you upon our acceptance of your Affiliate
application, and their application will continue indefinitely unless terminated
hereunder.
4. Termination
4.1 Either the Affiliate
or Kween And Co. may end this Affiliate Agreement at any time, with or without
cause, by giving the other party written notice. Written notice can be sent by
email to either party, or through any appropriate mechanism in the Affiliate
Dashboard.
4.2 If the Affiliate
Agreement is terminated by either party in accordance with section 4.1, 3.2 or
4.3, Kween And Co. shall not be liable to pay any Commission to you after the
termination of the Affiliate Agreement.
4.3 This Affiliate
Agreement will terminate immediately without notice upon any material breach of
the Terms and Conditions by the Affiliate.
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