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ACCEPTANCE OF TERMS
The Affiliate Program Terms and Conditions (herein referred to as “the Agreement”) constitute a legal agreement between the affiliate program participant (herein referred to as “the Affiliate”) and Jasmine Star Juarez, LLC (herein referred to as “The Company”), legal owner of the domain name and website Social Curator and mobile app Social Curator (herein referred to as “the Website”). The Affiliate and/or the Company may also be referred to herein as a “Party” and collectively as the “Parties”. The Affiliate Program (herein referred to as “The Program”) allows the Affiliate to promote the Company’s services and receive commissions according to the terms and conditions listed below. The Affiliate acknowledges, agrees to, and is bound by these terms and conditions by signing up and participating in the Program.The Parties entering this Agreement are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the Parties. The Affiliate has no authority to make or accept any offers or representations on the Company’s behalf. The Affiliate cannot make any statement, whether on the Affiliate’s website or otherwise, that would reasonably contradict anything in this Agreement.
BECOMING AN AFFILIATE
In order to be able to participate as an Affiliate of The Program, applicants must be at least 18 years of age. Applicants must register an account via the Website. Once an account and profile have been created, the account holder can activate the affiliate link (a unique affiliate URL), which is accessible within the user menu of Social Curator (the Website).The Program is made available to any individual, company or organization that qualifies as described within the Terms of Service. The Applicant’s affiliate privileges may be suspended or revoked if it is determined that the applicant is unsuitable for the Program for any reason. Examples of applicant unsuitability include but are not limited to any previous history of the applicant not complying with Social Curator Affiliate Program Terms of Service, website or other activity that could be related to any unlawful, defamatory, obscene, harassing or otherwise objectionable activity (such as facilitating illegal activity, promoting violence, promoting or assisting others in copyright infringement, sending unsolicited email, or promoting activities that the Company feels may harm the Social Curator or Jasmine Star brands by association with the Program.)
AFFILIATE ROLES AND RESPONSIBILITIES
The Affiliate is responsible for providing full and accurate information upon registration for the program and keeping the profile information up-to-date. Failure to provide accurate information may result in any of the following: exclusion from the program, suspension or termination of the affiliate account, forfeiture of any commissions.
The Company reserves the right to contact the Affiliate and request additional data regarding all the websites where the affiliate promotes Social Curator and the promotional practices used by the affiliate, to which the Affiliate is required to provide truthful and detailed information. Failure to provide accurate and truthful information when requested by the Company may result in suspension or termination of the affiliate account and forfeiture of any commissions.
The Affiliate should act in good faith in his/her affiliate practices and refer customers in good standing.
If the Company detects a pattern in the practices used by the Affiliate that results in referring customers that are not in good standing, the Company reserves the right to suspend or terminate the affiliate account and not pay commission payments due by the Company to the Affiliate.
The Affiliate should not take actions or make recommendations to its referrals that result in a potential revenue loss for the Company. If the Company detects a pattern in the practices used by the Affiliate that result in possible revenue losses, it reserves the right to suspend or terminate the affiliate account and forfeit commissions.
APPROPRIATE USE OF THE UNIQUE AFFILIATE LINK
Placed on affiliate personal and/or business websites.
On social channels such as Facebook, Linkedin, Twitter, Google+, Instagram, Pinterest, etc.
Blog posts and websites for reviewing products and services.
Other acceptable uses may apply. Consideration for additional uses must be submitted via email to firstname.lastname@example.org, but are not valid until approved and ratified by Social Curator.
INAPPROPRIATE USE OF THE UNIQUE AFFILIATE LINK
Using any illegal or spam method of advertising like unsolicited email, unauthorized placing of the link in forums, newsgroups, message boards, etc.
Bidding on keywords and phrases containing the “Social Curator” trademark, or variations or misspellings of the trademarked term on pay per click or pay per impression campaigns on search engines (Google, Yahoo, MSN, Ask, Bing, or other) without prior approval by the Company. Affiliates are not allowed to use Social Curator or Jasmine Star as a display URL in pay per click ads or to direct-link or redirect to Social Curator.
Providing cash back incentives, rewards or any other kind of incentives to obtain the sale without prior approval of the Company.
Using the Company’s advertising materials, trademark or name in a way that compromises the Company’s image.
Using iFrames or any other techniques or technology that places your affiliate tracking cookie by any means other than an actual click-through.
Using link cloaking or masking techniques or technology with the goal to promote Social Curator on websites and/or networks not explicitly mentioned in the affiliate profile and to hide that traffic source.
The Company has the sole right to decide if a promotional method used by the Affiliate is appropriate. In case the Company deems an advertising method used by the affiliate to be inappropriate, the result could be a warning, suspension or termination of the affiliate account, and the withholding of commissions.
The Affiliate is required in accordance with FTC (http://www.ftc.gov/) advertising regulations to disclose the Affiliate relationship with the Company on their website.
Affiliate websites must not contain lewd, obscene, illegal or pornographic material, or any other material that is deemed to be objectionable. This includes, but is not limited to, bigotry, hatred, pornography, satanic materials, trademark and copyright materials, and all content of an adult nature. The designation of any materials as described above is left entirely to the discretion of the Company.
The affiliate website(s) and/or domain name(s) must not contain keywords and phrases containing the “Social Curator” trademark or any other variations or misspellings confusingly similar to the company trademark, name or domain name. The Company reserves the right to suspend all affiliate accounts and withhold commissions in case of noncompliance.
HOW THE AFFILIATE LINK WORKS
When a qualifying purchase is made through an affiliate's unique URL, our servers correlate the referred customer's purchase to the affiliate's ID.
WHAT QUALIFIES AS AN EARNED COMMISSION
The Affiliate will receive the appropriate commission based on the referred customer’s purchase. Commissions are calculated as a fixed amount or varying percentage of the purchase price of any subscription plans or products. Commissions are paid during the next monthly payout occurring at least two calendar months after the initial purchase has been successfully paid as long as ALL of the following hold true:
This is a first time customer who made a purchase through an active affiliate link.
It has been at least two calendar months since the successful payment of the invoice.
Referred does not cancel their subscription before the end of the next calendar month of the initial purchase.
If a new user starts a subscription or purchases a course using an affiliate link on January 1st, the affiliate will not see a payout until March 1st.
If a new user starts a subscription or purchases a course using an affiliate link on January 31st, the affiliate will not see a payout until March 1st.
If the new user cancels their subscription anytime in January or February, a payout will not occur.
AFFILIATE COMMISSION PAYMENTS
Affiliate commission payments are accumulated throughout the month. This information can be viewed on your “Affiliate Dashboard” page. Commissions are processed automatically on the 1st of each month. All commissions are paid in US dollars and there is one payout method available: PayPal (PayPal transaction fees may apply).
What if my commission does not match the balance from the report?
In the event that a referred customer cancels or terminates service prior to the end of the next calendar month after an invoice has been paid, any associated commissions would also be canceled which may cause a discrepancy with the report.
The Company reserves the right to withhold any payouts of commissions for sales that are potentially fraudulent as determined by the Company in its sole discretion.The Company reserves the right to suspend payment of commissions at any time and indefinitely, if it suspects fraud or other improper activity or a potential breach of any of the terms in this Agreement by the Affiliate or referred customer(s). The Company reserves the right to deduct from Affiliate’s current and future commissions any and all commissions paid out for sales corresponding to any fraudulent, questionable, or canceled purchases. When no subsequent commission is owed, the Company will bill the Affiliate for the balance of such refunded purchases upon cancellation of the service or termination of the referred customer account due to fraud or chargeback.
TERMINATION OF AFFILIATE RELATIONSHIP
The Affiliate can cancel the Affiliate relationship at any time by contacting the Company via email at email@example.com. The Affiliate relationship will be canceled immediately upon receipt and processing of the Affiliate cancellation ticket and any commissions earned will be paid during the next monthly payout date.The Company can cancel the Affiliate relationship at any time using any of the following methods:
With a 7-day prior notice without explanation. Any commissions due at the time of the cancellation will be sent to the Affiliate after any holding period and in accordance with a regular payout cycle.
Immediately with no prior notice if the Affiliate does not comply with the affiliate program terms. In such a case, the Company has to provide no prior warning and can withhold any commission payments.
Immediately with no prior notice and/or explanation if the Affiliate has not generated any sales to the Company for a period or 6 months or longer.
After the cancellation of an Affiliate account the Company will no longer track the sales associated with the affiliate and will not owe any commissions to the affiliate for future sales or referred clients.
LIMITATION OF LIABILITY
By participating in the affiliate program, you accept the Terms of Service in their entirety and agree that Social Curator will not be liable for indirect, special, incidental, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the affiliate program, even if Social Curator has been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this agreement and the affiliate program will not exceed the total commissions paid or payable to the Affiliate under this Agreement during the 3-month period immediately preceding the event giving rise to such liability.
AFFILIATE PROGRAM SUBJECT TO CHANGE
The Company reserves the right to change the above Terms of Service at any time. Such changes will become effective and binding after their posting on the Company’s website. The Affiliate agrees to regularly review the Affiliate program Terms of Service and be aware of the changes made. By continuing to participate in the Affiliate program after a revision has been posted, the Affiliate agrees to abide by them.