TERMS AND CONDITIONS
MyKorEssential Affiliate Program Agreement
This Agreement contains the complete terms and conditions that apply to an individual’s or entity’s participation in the My Kore Essentials Products Affiliate Program (hereto forward referred to as the “Program”). As used in this Agreement, “we,” “us” or “our” means My Kore Essentials Products and “you” means the applicant. 1. Enrollment in the Program To begin the enrollment process, you must submit a completed Program application available on our website. We will evaluate your application and will notify you of your acceptance or rejection and your commission percentage if you are accepted into the Program. Among other reasons for rejection, we may reject your application if we determine, in our sole discretion, that your site and/or marketing practices are unsuitable for the Program. Unsuitable sites/marketing practices include, without limitation, those that: promote sexually explicit materials promote violence promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age promote illegal activities violate intellectual property rights are not consistent with our values of doing business. If we reject your application, you are welcome to reapply to the Program at any time. We reserve the right to reject your application for any reason, or no reason whatsoever, in our sole discretion. 2. Your Responsibilities You shall promote and market the products of My Kore Essentials Products using only promotional materials, content, messaging, ads, etc. supplied or approved in advance by My Kore Essentials Products. You acknowledge that such materials are the intellectual property of My Kore Essentials Products and are protected by trademark and/or copyright, and may not be reproduced without the express, written consent of My Kore Essentials Products. You shall submit for approval to My Kore Essentials Products, prior to use, any marketing or promotional materials not provided by My Kore Essentials Products. My Kore Essentials Products shall not unreasonably withhold its approval to such materials, but My Kore Essentials Products shall have the exclusive right to determine the acceptability of such materials. 3. Links on Your Site You may select one or more of our products to list on your site. For each selected product, you will display on your site an approved short description, review, or other reference. You will be provided a special dedicated link from each product reference on your site to the corresponding product. Each link will connect the user to our site (which is accomplished by use of our cookies) and will track and attribute any sales made through that referral to you. Please note that our cookies expire 180 days after the prospective customer first visits our site, after which the customer’s purchases on our site will no longer be attributable to you. You agree to promptly make any changes to your references or links to our products that we may request. 4. Order Processing We will process, authenticate and complete product orders placed by customers who follow special links from your site to the My Kore Essentials Products site. We also reserve the right to reject orders. We will be responsible for all aspects of order processing and fulfillment for authentic and complete orders. Among other things, we will prepare order forms; process payments, cancellations, and returns; and handle customer service. We will not send reports to our affiliates; they can access sales reports attributable to their referrals by logging into our affiliate portal. You will be issued secured access to the affiliate portal during the registration process. This portal will give you access to conversion data, campaign links, collateral, etc. You agree that we shall own all such information and that you will not rent, sell, loan, share, barter or otherwise transfer or disclose such information to any third party without our prior written consent or in violation of any legal requirement. To permit accurate tracking, reporting, and fee accrual, you must ensure that the special links between your site and our site are properly formatted and functioning. 5. Referral Fees We will pay you referral fees on product sales to third parties. For a product sale to generate a referral fee, the purchaser must: follow a special link (in the format specified by My Kore Essentials Products) from your site to the My Kore Essentials Products site; after coming to the My Kore Essentials Products site using a special link from your site, purchase the product using our automated ordering system; accept delivery of the product at the shipping destination; and remit full payment to us (or allow a third party to remit such payment without asserting a chargeback or similar credit). The Program is intended for commercial use only, and you may not purchase products through the Program for your own use or for you to give or sell to others. Such purchases may result, in our sole discretion, in the withholding of referral fees or the termination of this Agreement. Products that are entitled to earn referral fees under the rules set forth above are hereinafter referred to as “Qualifying Products.” In addition to receiving a referral fee for direct referrals as provided above, upon acceptance to our Program and once our multi-tier program becomes available you will also become eligible to receive commissions from our multi-tier affiliate program (the “Multi-Tier Program”). The Multi-Tier Program allows you to refer other affiliates to the Program and to receive commission payments (“Second Tier Referral Fees”) in the amount of 5% for qualifying sales made through that affiliate. 6. Fee Schedule You will earn referral fees based on the sale price of Qualifying Products according to fee schedules to be established by us (which may change from time-to-time.) “Sale price” means the then-current sale price listed in our catalog and excludes costs for shipping, handling, and taxes. The current fee schedule, represented as a percentage of the sale price of all Qualifying Products, will be provided to you upon our acceptance of your Program application. 7. Fee Payment We offer our clients a 30-day money-back guarantee, and our Affiliates will not be entitled to referral fees for any products that are returned as per our return policy. Accordingly, and to account for the possibility of returns within the 30-day period, we will pay you referral fees on the 1st of the month 30 days after the month in which the promotion was done. For example, if sales are made in the month of October, your referral fees would be paid on December 1st. If a product that generated a referral fee is returned by the purchaser, or if there is any type of chargeback for such product, we will deduct the corresponding fee from your next quarterly payment. You understand that you are entirely responsible for paying taxes on your earnings derived from this relationship. 8. Policies and Pricing Customers who buy products through this Program will be deemed to be customers of My Kore Essentials Products. Accordingly, all My Kore Essentials Products rules, policies, and operating procedures concerning customer orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, we will determine the prices to be charged for products sold under this Program in accordance with our own pricing policies. Product prices and availability may vary from time to time. Upon 30 days’ notice of any product or price changes, you agree to reflect those changes on your site and to ensure that such information is current and accurate. 9. Responsibility for Your Site You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for: the technical operation of your site and all related equipment creating and posting product descriptions on your site and linking those descriptions to our catalog the accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials) ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights) ensuring that materials posted on your site are not libelous or otherwise illegal ensuring that you link to My Kore Essentials Products in the format specified by us. In addition, you agree that you will not directly or indirectly disparage our brand, our product, or take any action that threatens our brand integrity. We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys’ fees) relating to the development, operation, maintenance, use and contents of your site. 10. Anti-Spam Policy We do not tolerate the sending of unsolicited email messages (spam) that mention or reference our company, our Site or our products, as spamming could damage our goodwill and reputation. You further agree that you will comply with the “CAN-SPAM ACT” of 2003, and that we shall have the right to disallow the sending of email referencing our company, our Site, or our products. 11. Terms of the Agreements The terms of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. You are only eligible to earn referral fees on sales of Qualifying Products occurring during the term, and fees earned through the date of termination, which will occur upon the giving of notice, will remain payable only if the related orders are not canceled or returned or if payment for such orders is not charged back. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid. 12. Modification We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Modifications may include, for example, changes in the scope of available referral fees, fee schedules, payment procedures, and Program rules. 13. Confidentiality None of the parties hereto shall, during the term of this Agreement or at any time thereafter, communicate, divulge or use for the benefit of any other person, persons, partnership, association, corporation or entity any of another party’s confidential information, or know-how. A party hereto shall divulge such information only to such of its employees, financial advisors and legal representatives as must have access thereto in order to satisfy its obligations hereunder. All parties shall take all necessary precautions to ensure that their employees retain such information in confidence. 14. This agreement sets forth all of the terms of My Kore Essentials Products’ Affiliate program. No oral or written agreements or understandings not expressly set forth herein shall have any effect. This Agreement shall supercede all previous oral or written Affiliate Agreements, and the terms set forth herein shall be considered controlling. Should any individual term of this Agreement be deemed unenforceable, such invalidity shall not affect the enforceability of any remaining terms and conditions. 15. The parties hereby agree to save and hold each other (and their respective corporate affiliates) harmless of and from and shall indemnify each of them against any and all losses, liabilities, damages, judgments, awards, suits, claims, fines, penalties and expenses (including reasonable attorneys’ fees and expenses) which may arise in any action, claim or proceeding against them, or any of them, for or by reason of: (a) any acts, whether of omission or commission, that may be committed by a party, or any of their servants, agents or employees in connection with that party’s performance or failure to perform under this Agreement, (b) any breach of any representation, warranty or covenant hereunder, or (c) the sale, marketing, advertisement or promotion of the Products. 16. Relationship of Parties You and we are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section. 17. Limitation of Liability We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees payable to you under this Agreement. 18. Disclaimers WE MAKE NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS, MERCHANTABILITY, NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS. 19. Independent Investigation YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE WEB SITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEB SITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.