Golden Moon Tea Affiliate Agreement
Please read the agreement document below before registering.
1) Term of the Agreements:
The term of this Agreement will begin upon our acceptance of your
Affiliate 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 occurring during
the term.
2) Becoming a Golden Moon Tea Affiliate
2.1 Eligibility.
Golden Moon Tea will only knowingly provide the Affiliate Program to parties
that can lawfully enter into and form contracts under applicable law.
The Affiliate Program is not intended for anyone under the age of 18.
2.2 Creating an Account.
To become an Affiliate and have the right to participate in the
Affiliate Program, you must enroll in the Affiliate Program by creating
an Affiliate account ("Account") with Golden Moon Tea through its online
registration process.
2.3 Contact Information.
You must provide Golden Moon Tea with complete contact and payment
information when you open an Account. You are responsible for timely
notifying Golden Moon Tea if any of your contact or payment information
changes. If you do not provide Golden Moon Tea with complete, accurate, and
updated contact information, you may not be eligible to receive
commissions based on your participation in the Affiliate Program.
2.4 Account Security.
You will need to select a password if you open an Account. You will be
solely and exclusively responsible for keeping your password
confidential and all use of your password and Account, including,
without limitation, any use by any third party. You must notify Golden Moon Tea immediately if you believe your password has been or may be
obtained or used by any unauthorized person or entity. In addition, you
must notify Golden Moon Tea immediately if you become aware of any other
breach or attempted breach of the security of your Account.
3) Your Responsibilities:
Failure to comply with all or any of the following rules and
regulations will result in the forfeiture of your commission and the
immediate termination of your account. Goldenmoontea.com reserves sole
judgment in determining fraud.
You are solely responsible for:
- ensuring that your business activities and your website content meet our affiliate guidelines, as specified in this Agreement.
- posting links/graphics on your website and checking them frequently to ensure they are in proper working order
- ensuring that all materials posted on your website are not libelous or otherwise illegal
- monitoring your search engine listings, key words, and meta tags for complete compliance with this Agreement.
- submitting to us a list of all additional websites where you plan
to post Goldenmoontea.com links for approval at affiliates@Goldenmoontea.com
- updating all contact, payment, and website information via your
administrative page and ensuring that your site complies with all
applicable copyright and other laws.
- developing your own branding, company logo, and business. You may
not mislead a consumer by misrepresenting yourself as Goldenmoontea.com.
- providing leads exclusively to Golden Moon Tea. Leads may not be sold to any other company.
You may not:
- Use any computer or other electronic device to send an
unsolicited advertisement (also known as "spamming") to an electronic
mail address of an individual with whom you lack a preexisting and
ongoing business or personal relationship, unless you have received an
express invitation or consent/permission from that individual.
- Add leads by fraudulent traffic generation (as determined solely
by Goldenmoontea.com, such as pre-population of forms, monetary, gift, or
prize incentives, or other methods not approved by Goldenmoontea.com).
- By misleading consumers in pay-per-click search engine titles or
descriptions. The title, description, and/or content must state the Golden Moon Tea name or URL to provide an indication to the user that the
link leads to Golden Moon Tea and Golden Moon Tea only.
- Provide inaccurate, misleading, or defamatory information, or
make any guarantees about Goldenmoontea.com or the services it provides.
- Can not directly link to our sign up form in Google's AdWords or Overture PPC campaigns.
- May not distribute an email marketing campaign without the approval by Golden Moon Tea.
- Charge a fee to your website visitors to link to Goldenmoontea.com's website or services
- Take part in, associate with, or otherwise become involved in any
activity or operation that diminishes the image or reputation of Goldenmoontea.com.
- Offer incentives and/or compensation to consumers in exchange for lead submission.
- Add leads manually, batched, or in bulk into the Golden Moon Tea
website. Bulk or batched leads are defined as leads collected by
various methods, then submitted to Golden Moon Tea.
4) Our Responsibilities:
We will be responsible for providing all information necessary to allow
you to make appropriate Links from your site to our site. We will be
solely responsible for processing every order placed by a customer
following a special Link from your site, for tracking the volume and
amount of sales generated by your site, and for providing information
to you regarding sales statistics. The form, content and frequency of
such information may vary from time to time at our discretion. We will
be responsible for order entry, payment processing, shipping,
cancellations, returns, and related customer service.
5) Commissions: Golden Moon Tea agrees to pay you a percentage of Net Revenue as specified
in the Golden Moon Tea Network when a visitor (a "Customer") to Golden Moon Tea's
main US Website, located at www.goldenmoontea.com, has accessed our Site
and purchased products online via a Link from your Site. As used
herein, Net Revenue shall mean gross sales revenue collected from
purchases on Golden Moon Tea Site in accordance with the terms of the
Program, less all taxes, shipping and handling charges, cancellations,
returns, fraudulent transactions, charge backs and other similar
charges.
Purchases of Gift Cards, Gift Certificates and Merchandise Virtual Certificates are not eligible to earn commission.
6) Reports of Sales Reports of Sales:
You will be given a password and have the ability to enter a
password-protected site to receive your sales statistics on a daily
basis.
7) Policies and Pricing:
Customers who buy Golden Moon Tea products through the Affiliate Program
will be deemed to be customers of Golden Moon Tea. Accordingly, all of our
rules, policies, and operating procedures concerning customer orders,
customer service, and Golden Moon Tea 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 our
products sold under the Affiliate Program in accordance with our own
pricing policies. Prices and availability of our products may vary from
time to time. Because price changes may affect products that you
already have listed on your site, you may not include price information
in your product descriptions. We will use commercially reasonable
efforts to present accurate information, but we cannot guarantee the
availability or price of any particular product.
8) Commission Payment:
When the total commission payment(s) due to you (based on Section 5
above) exceed $25.00 at the end of any calendar quarter, you will be
paid by a company check for the applicable commission (less any taxes
required to be withheld under applicable law) and a statement of
activity will be provided to you. Such commission checks and statements
of activity will be sent approximately 30 days after the end of each
calendar quarter and will be paid in US Dollars only. However, if the
commissions due to you for any calendar quarter are less than $25, we
will hold such commissions until the total amount due at the end of a
calendar quarter is at least $25 or (if earlier) until this Agreement
is terminated.
9) Modification:
We may modify any of the terms and conditions contained in this
Agreement, with a three (3) business day notice, and in our sole
discretion, by posting a change notice or a new agreement on this site.
Modifications may include, for example, changes in the scope of
available referral fees, fee schedules, payment procedures and Program
rules.
10) IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR
ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. YOUR CONTINUED
PARTICIPATION IN THE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE
OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE
CHANGE.
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 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 paid or payable to you under to this
Agreement.
12) 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.
13) Miscellaneous:
This Agreement will be governed by the laws of the United States and
the State of Virginia, without reference to rules governing choice of
laws. 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 provision or any other provision of this
Agreement.
14) Spyware:
We will refuse all applications or signups from affiliates which we
believe participate in spyware, adware or parasiteware techniques for
driving traffic. We reserve the right to research and investigate
affiliates and their activities and, at our own discretion, determine
whether or not these practices are in place. Affiliates found in
violation of this policy will be immediately terminated from the
program and will forfeit all commissions.
15) I accept these terms and wish to register.
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