Phoenix by V

Affiliate Program Agreement

This Affiliate Program Agreement is made and entered into as of the date of acceptance set forth below. Please note that by becoming an affiliate you are agreeing to these terms. 

BETWEEN: UNIVERSE ETERNITY HOLDINGS PTE. LTD operating as Phoenix by V (the "Owner”)

AND: AFFILIATE APPLICANT (the " Recipient”)

"Affiliate" means an individual or business generating their own traffic and thus rewarded for legitimate sales.  By clicking “I Agree” (date of acceptance based on these acceptance of terms) You indicate that you have read and understood this Agreement and You will be bound by its terms.

AFFILIATE RESPONSIBILITIES:

• It is understood that you will introduce Company products to your current and prospective audience and will comply with all laws as well those that govern email marketing and anti-spam laws. 
• Company reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate link according to the designated payment schedule. Customers are the Property of the Owner and are not to be coerced to cancel or forfeit any service.
• Affiliate will not say, write or post anything that would be considered disparaging or potentially damaging of the Company or the Company’s products. Additionally, Affiliate should not associate Company or say, write or post anything that is illegal, scandalous or inappropriate in nature.

SERVICE:

The Affiliate is allowed to place links on their preferred channels at https://phoenixbyv.com/.

Any Affiliate Program may be amended or terminated at any time. 

The Affiliate must keep themself informed of any amendments of Affiliate Programs, in particular if a registered website has terminated its Affiliate Program or changed the conditions for remuneration to Affiliates.

The Affiliate must comply with the requirements of the Affiliate Program.

TERMS OF THE AGREEMENT:

• The term of this Agreement will begin upon our acceptance into the Affiliate Program by the Owner. 
• We may withhold Your final payment of Commission Fees for a reasonable time to ensure that all Qualified Purchases are valid and payment from Referred Customers are legitimate as determined by Company in its sole discretion.
• Any Affiliate who violates either this Agreement or Company's Terms and Conditions will immediately forfeit any right to any and all accrued Commissions Fees and will be removed from the Company Affiliate Program.
• Without limitation, Affiliate's participation in the Program, and this Agreement, shall be deemed automatically terminated immediately and all commissions forfeited upon Affiliate's violation of any of the terms of this Agreement or of any applicable law or regulation having the force of law.
• By accepting this agreement, Affiliate agrees to allow Company to use their content for Company’s promotions to include pictures and videos related to Phoenix by V.

CONFIDENTIALITY:

• Only duly-authorized Company officers, employees, and agents will have access to information furnished or obtained in connection with the Affiliate Program; that they will maintain and protect the confidentiality of such information to the greatest extent possible; and that they will share such information only to the extent necessary to make employment decisions and to respond to inquiries or notices from government entities.
• All products and branding is the intellectual property of Phoenix by V and may not be copied or replicated for any use. 

INDEMNIFICATION:

• You hereby agree to indemnify and hold harmless Us and Our subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) (any or all of the foregoing hereinafter referred to as "Losses") insofar as such Losses (or actions in respect thereof) arise out of or are based on:
• Any claim that our use of the Affiliate Trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party.
• Any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein.
• Any claim related to your site, including, without limitation, its development, operation, maintenance, and content therein not attributable to us.

ENROLLMENT IN THE AFFILIATE PROGRAM:

• To begin the enrollment process, You will register on the Affiliate Registration Page.
• We will evaluate your request and notify you of your acceptance or rejection. 
• We may reject your request for any reason our sole discretion. 
• Otherwise violate our intellectual property rights or the intellectual property rights of others.
• If we reject your request, you are welcome to reapply to the Program at any time.
• If we accept your request, we reserve the right to terminate your participation in the Program for any reason in our sole discretion immediately without prior notice.
• If no sale is made by the Recipient, this will result in the cancellation of the service.

MODIFICATION:

• We may modify any of the terms and conditions in this Agreement at any time at our sole discretion.
• In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Company Affiliate Program rules.
• If any modification is unacceptable to you, your only option is to end this Agreement.
• Your continued participation in Company Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.

AFFILIATE PAYMENT:

• Affiliate will receive a unique Affiliate Link or Code, which You will use to advertise Owner’s products. Affiliate will receive a 20% commission per sale.
• You understand that the Payout amount may be changed at any time.
• You are responsible for determining if the Payout for an affiliate link you have placed on your site has changed or been discontinued.
• Payments are made automatically on the seventh day of each month.

CONFIDENTIALITY:

• All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement, will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

INDEPENDENT CONTRACTOR: 

• Affiliate is an independent contractor and nothing in this Agreement will be construed as establishing an employment or agency relationship between Owner and Affiliate.  Affiliate has no authority to bind Owner by contract or otherwise. Owner shall not provide any insurance (including, but not limited to, medical, dental, disability, liability, property, worker’s compensation or unemployment insurance) or benefits (including, but not limited to, overtime payments, pensions, vacation time, or profit-sharing) for Affiliate. Owner shall not be responsible for paying any taxes or contributions to on behalf of Owner and Affiliate warrants that Affiliate will fulfill all applicable obligations regarding such taxes and funds.  

SEVERABILITY:

•If any provision of this Agreement or part thereof should to any extent be or become     invalid or unenforceable, the parties shall agree upon any necessary amendment of the Agreement in order to achieve the interests and objectives of the parties prevailing at the time of execution of the Agreement.

APPLICABLE LAW:

• You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.
• Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and be enforceable against the parties and their respective successors and assigns.
• Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this Agreement.

TERMINATION OF AGREEMENT:

• Either you or Company may terminate the Affiliate relationship at any time. Please contact us at info@phoenixbyv.co to do so.
• You are only eligible to earn Affiliate payments during your time as an approved Affiliate.
• Company may change the program or service policies and operating procedures at any time.

This Privacy Policy of UpPromote about Affiliate Marketing system describes how we may collect and use personal data and the rights granted to merchants, affiliates and customers regarding their respective data.

By joining the Affiliate program, you signify your approval of the terms set out in this Privacy Policy, and other terms and conditions. If you do not agree to this Privacy Policy, you must not use the affiliate marketing system.

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our privacy practices or for other operational, legal, or regulatory reasons. By continuing to our affiliate program after these changes are posted, you agree to the revised policy.

Personal Information Controller

Any personal information provided to or gathered by UpPromote under this Privacy Notice will be stored and controlled by UpPromote (the data controller).

Information collected from Merchants

When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.

Information collected from Affiliates

When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.

Information collected from Customers when visiting merchant website

In order to track referral order, when customers visit merchant website and make a purchase, UpPromote system will collect information of order such as total order, order items, order ID,....

About Cookies

“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.

Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.

For more information about cookies, including how to disable them, visit allaboutcookies.org.

Because cookies allow you to take advantage of some of Affiliate marketing system’s essential features, we recommend that you leave them turned on.

Information sharing

Ensuring your privacy is important to us. We do not share your personal information with third parties except as described in this privacy policy. We may share your personal information with third-party service providers who we employ to process specific functions; examples include providing email marketing activity, analyzing data and other marketing support,... Third-party service providers have access to personal information only as needed to perform their functions and they must process the personal information in accordance with this Privacy Policy.

We may also disclose your personal information to any third party with your prior consent.

Use of UpPromote app by Children

UpPromote is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.

Your Rights

UpPromote understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through info@phoenixbyv.co. We may require that you provide us with acceptable verification of your identity before providing access to such information.

If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.

Contact information

If you have any questions about your personal data or this Privacy Policy, or if you would like to file a complaint about how we process your personal data, please contact us by email at info@phoenixbyv.co