JewelBag Fashion Affiliate Program Terms of Use
1) The Parties: This Ecommerce Affiliate Agreement (the “Agreement”), made and entered by and between Jewel Bag Fashion (referred to henceforth as “Jewel Bag Fashion.com,” “Jewel Bag Fashion”, “us” or “we”) and you, the affiliate (referred to henceforth as “you” or “Affiliate”), contains the complete terms and conditions that apply to your participation in the Jewel Bag Fashion.com Affiliate Program (the “Affiliate Program” or “Program”). Your participation in the Affiliate Program is non-exclusive as there are and will be other Affiliates.
2) Term and Termination:
2.1 The term of this Agreement will begin upon our acceptance of your Affiliate Application (“Effective Date”) and will end when terminated by either party as provided for herein. By agreeing to the terms and conditions herein, this Agreement is the entire agreement between the parties and supersedes all prior communications, understandings and agreements relating to the Affiliate Program, whether oral or written. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written a notice of termination. You are eligible to earn referral fees on referrals occurring only during the term of this Agreement. Upon termination of this Agreement for any reason, you shall immediately cease to represent that you are an Affiliate of Jewel Bag Fashion.com. and you shall immediately cease all use of our name and/or any of our logos and/or trademarks, and you shall remove from your site, all Links to our site, and all Jewel Bag Fashion.com trademarks and those of any Jewel Bag Fashion.com company, trade dress, and logos, and any materials provided by or on behalf of us to you pursuant to this Agreement and/or in connection with the Program.
2.2 Jewel Bag Fashion.com reserves the right to terminate any accounts we deem as “inactive” accounts. An affiliate account would be considered “inactive” if it fails to generate any sales for a period of at least six (6) months. In the event of account termination due to inactivity, Affiliate will forfeit any commission balance less than the minimum commission payout amount of $25.00.
2.3 The right of termination of this Agreement is absolute and neither you nor we shall incur any liability by reason thereof. We and you mutually release the other from any claim of any nature arising out of such termination, provided, however, that nothing in this Agreement shall be construed as a release of any referral fee obligation which shall have accrued from us to you prior to the effective date of such termination.
3) Enrollment in the Program: You will submit a complete Affiliate Program application from our site. We may reject your application (at our sole discretion) if we feel your site is unsuitable or inconsistent with the mission of Jewel Bag Fashion.com. If your site is accepted, Jewel Bag Fashion.com may terminate this Agreement anytime thereafter if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. You hereby acknowledge that we can rely on all of your representations in your application.
4) Promotion of our Affiliate Program: Upon your acceptance as an Affiliate Site, we will make available to you via “MyAffiliate Program”, Links will serve to channel potential buyers to our site (the “Links”), which, subject to the terms and conditions hereof, you may display as often and in as many areas of your approved site as you desire.
5) Jewel Bag Fashion Agrees To:
5.1 Pay Affiliate a commission (see Referral Commissions for commission details) for each qualified online order completed via your site. Qualified online orders must be made within the return day “window” of 180 days and recognized by MyAffiliate Program. Your earned commissions shall be the only consideration from us to you.
5.2 Work with MyAffiliate Program to pay Affiliate on a monthly basis when commissions due have reached a minimum of $25.00. Accounts with a balance of less than $25.00 will roll over to the next month. Jewel Bag Fashion.com sends out payments to affiliates within 30 days from the end of each calendar month for the previous month’s commissions.
6) Affiliate Agrees To:
6.1 Place Jewel Bag Fashion.com banners and/or text links on your site.
6.2 Observe and honor Jewel Bag Fashion.com’s exclusive right of ownership as to the names of its property, including but not limited to its trademarked name and any variations thereof within all pay-for-placement and other search engines. Jewel Bag Fashion.com grants to you a limited right to the use of its trademarked names solely for promotional purposes in conjunction with the relationship as described in this Agreement.
6.3 Remove all links regarding Jewel Bag Fashion.com promotions on the date such promotions end, and agree to forfeit any commissions earned after the end date of the promotions if you continue to post such links after the removal date.
6.4 Have sole responsibility for the development, operation, and maintenance of your site and for all the materials that appear on your site.
6.5 Ensure that all materials posted on your site are not illegal and do not infringe on the rights of any person or entity of any kind. We disclaim all liability for all materials on your site.
6.6 Indemnify, defend, and hold us harmless from all claims, damages, and expenses relating to the development, operation, and contents of your site.
6.7 Make sure that your site does not copy or resemble the look and feel of the Jewel Bag Fashion.com website or create the impression that your site is our site or a part of our site.
6.8 If any immoral or unethical links are added to your site pointing to Jewel Bag Fashion we reserve the right to pursue all legal courses of action against you to the fullest extent possible under the law and you will be responsible for returning all commissions earned to us as a result of such links to Jewel Bag Fashion.com.
6.9 Obtain all permits, licenses, and approvals necessary to perform this Agreement.
6.10 Perform this Agreement in a manner that reflects favorably upon the Jewel Bag Fashion.com and our business reputation. Affiliate shall not present or cast our name, our products or services, logo or trademarks in a disparaging or negative manner of any kind.
6.11 Make no representation with respect to our products or services which in any way conflicts or is inconsistent with our products or services descriptions, performance, specifications, features, and functionality as published or provided by us or make or pass on to any individual or entity any warranty or representation on our behalf.
6.12 Continuously retained our copyright attributions, notices and markings on all demonstration articles and marketing collateral and literature, and not in any way obliterate or alter it.
7) Referral Commissions:
7.1 Jewel Bag Fashion.com Affiliate program pays a ten percent (10%) commissions for each qualified referral sale submitted.
7.2 The affiliate team will audit affiliate-referred orders to ensure they are valid. The amount of commissions due to affiliates will increase with affiliate performance and will be as follows for each valid online order submitted by a visitor as a direct result of your affiliate referral:
7.3 Jewel Bag Fashion.com allows customers 14 days to cancel their order in the event an order is canceled the commission will revert back to Jewel Bag Fashion.
7.4 Jewel Bag Fashion.com may offer additional periodic bonuses and performance incentives.
8) Payment Procedures:
8.1 Jewel Bag Fashion.com will issue payment to affiliates within 30 days of the end of each calendar month for all commissions earned on sales during the prior month.
8.2 All affiliates who have met the $25 minimum payout requirement will receive the full amount of commissions due, less any amount Jewel Bag Fashion.com determines, in its sole discretion, not validly earned from a proper use of the links on an affiliate’s website.
8.3 Payments will be issued via MyAffiliate Program only, payable to you at the address submitted by you in your online registration.
9) Tracking:
9.1 MyAffiliate Program will be solely responsible for tracking referrals using special software that communicates with the approved URLs submitted with your application.
9.2 Commissions are tracked through the use of cookies. In some cases, it will not be possible to track traffic from the Affiliate’s site to Jewel Bag Fashion because the visitor is using a cookie-blocking software. Jewel Bag Fashion.com is only responsible for paying commissions on referrals that can be tracked back to the Affiliate using the technology in use by Jewel Bag Fashion.com.
9.3 Jewel Bag Fashion.com uses a “last affiliate wins” system, under which a particular Internet user is assigned to the last affiliate site that a user visited prior to entering the Jewel Bag Fashion.com website and then completes a transaction with Jewel Bag Fashion.com. For instance, the user visits “Affiliate A”; then enters Jewel Bag Fashion.com but does not complete a transaction; then the user later visits “Affiliate B”; finally enters Jewel Bag Fashion.com again and this time submits an order. In this case, the consumer is assigned to “Affiliate B”, and the commission is paid to “Affiliate B”.
9.4 Jewel Bag Fashion.com will endeavor to do its best to ensure accurate tracking of referrals made by all affiliates. All affiliates will themselves be solely responsible for ensuring that their URLs are formatted properly, a necessary prerequisite for accurate tracking of referrals. Notwithstanding the above statement of responsibility by Jewel Bag Fashion.com to track referrals, you hereby acknowledge and accept that the tracking system employed by Jewel Bag Fashion.com is not 100% fail-safe and that there may on occasion be instances of referrals made that are not credited to you for any of the following reasons:
a. Your failure to use the proper format of the specially assigned URL in promotions, web page links, banner ads, etc.
b. Deliberate or accidental actions by customers to circumvent your special URL so that our software is unable to accurately track the referral.
c. Bugs, glitches or crashes of the tracking software that renders it unable to accurately track referrals for a period of time.
d. Acts of nature that causes irretrievable data loss on the computers and back-up media that store the commission information.
9.5 As such, you will not hold Jewel Bag Fashion.com liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.
10) Confidentiality: Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or you, respectively, or any of our Affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by such party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto or its affiliates. This provision shall survive termination of this Agreement.
11) 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 affiliate relationship, even if we have 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 you under this Agreement.
12) Limited License: We grant you a nonexclusive, nontransferable, revocable right to link to our site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of linking your site to our site, solely for the purpose of identifying your site as a participant in the Program and assisting in promoting Jewel Bag Fashion.com services. You may not alter, modify, or change the Links in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Jewel Bag Fashion.com Affiliate Program. We may revoke your license anytime by giving you written the notice.
13) Disclaimers: We make no express or implied warranties or representations with respect to the Jewel Bag Fashion.com website or the Jewel Bag Fashion.com Affiliate Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of 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.
14) Modifications: We may modify any of the terms and conditions of this Agreement at any time. You will be notified by e-mail, using the e-mail address currently listed in your Affiliate Profile, and a change notice will be posted on our site. If the modifications are unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in this Affiliate Program after a change notice has been posted will constitute binding acceptance of the change.
15) Independent Contractors: You and Jewel Bag Fashion.com are independent contractors and nothing in this Agreement is intended nor shall be construed to 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.
16) Representations and Warranties: You hereby represent and warrant to us as follows:
a. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
b. The development, operation, and contents of your site do not and shall not infringe upon the copyright, trademark, or any other right of any person or entity.
17) Agreement: 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 website. You have independently evaluated the desirability of participating in the Jewel Bag Fashion.com Affiliate Program and are not relying on any representation, guarantee, or statement other than as set forth in this Agreement.
18) Fraud: If you commit fraud or falsify information in connection with the submission of referrals to Jewel Bag Fashion.com services through the Links on your site, this Agreement will be terminated immediately. In addition, you will be liable to Jewel Bag Fashion.com for any and all damages that Jewel Bag Fashion.com suffers as a result of such actions. You will also be responsible for returning to Jewel Bag Fashion.com all commissions received for fraudulent/falsified referrals submitted, and we will not hesitate to pursue all legal courses of action against you to the fullest extent possible under the law.
19) Assignment: Neither this Agreement nor any of your rights, interests, duties, or obligations shall be assigned, transferred or delegated to any other person, firm, or corporation without our prior written consent. Any attempted assignment or delegation by Affiliate without such prior written consent shall be void and without effect. We may assign this Agreement upon written notice to you.
20) Reservation of Rights: Jewel Bag Fashion.com may terminate this Agreement at any time if your site is determined (at our sole discretion) to be unsuitable for the Program, even if your site has not changed since the time that your Affiliate Program application was accepted. Jewel Bag Fashion.com also reserves the right to monitor Affiliate sites at any time to determine whether they are in compliance with this Agreement.
21) Governing Law: The laws of Israel will govern this Agreement, without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in the courts located in Israel, and you irrevocably consent to the jurisdiction of such courts. 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. If any provision of part of this Agreement shall be held unenforceable, such unenforceable provision shall be stricken from the Agreement, and the remainder of this Agreement shall nevertheless remain in full force and effect, and the Agreement shall be construed to the greatest extent possible to give effect to the intent of the parties with respect to the stricken provision.
22) Intellectual Property: We and our licensors own and retain all rights, title, and interest in and to the products and services available on the Jewel Bag Fashion.com website and all ideas, concepts, methodologies, formats, specifications, and other know-how furnished by us or our licensors in connection with the performance of its obligations hereunder, as well as all related patents, copyrights, trademarks, trade secrets, and other proprietary and intellectual property rights. The products and services available on the Jewel Bag Fashion.com website are protected by the laws of copyright, patent, trade secret, trademarks, and any other intellectual or industrial property rights applicable to the Products. Affiliate neither acquires nor is granted in any manner whatsoever any right, title or interest of any nature in and to the products and services available on the Jewel Bag Fashion.com website by virtue of this Agreement.
Last updated: July 15, 2016
