TERMS AND CONDITIONS
Updated: July 8th, 2020
THIS IS A SUBJECT TO ANY POSSIBLE CHANGES FROM SHIRCY
This terms and conditions agreement contains legal rights and regulations that govern the participation of Ambassador in SHIRCY ambassador program.
BY THE ACTION OF JOINING OUR PROGRAM, YOU AGREE TO FOLLOW THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY FURTHER REVISED ONE WITH RESPECT AND NO CONDITION
1. Description of the Program
The purpose of the Program is to permit you to advertise Products on your site and to earn advertising fees or commissions for Qualifying Purchases (defined in Section 7) made by your end-users. A “Product” is any item sold on the Partner Website, other than any products that are explicitly defined as excluded products.To facilitate your advertisement of Products, we may make available to you data, images, text, link formats, widgets, links, and other linking tools, and other information in connection with the Program ("Content"). Content specifically excludes any data, images, text, or other information or content relating to products offered on any site other than the Partner Site.
To begin the enrollment process, you must submit a complete and accurate Program application. You must identify your site in your application. We will evaluate your application and notify you of its acceptance or rejection. We may reject your application in our sole discretion including if we determine that your site is unsuitable. Unsuitable sites include those that:
(a) Promote or contain sexually explicit materials;
(b) Promote violence or contain violent materials;
(c) Promote or contain libelous or defamatory materials;
(d) Promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;
(e) Promote or undertake illegal activities;
(g) Violate intellectual property rights.
If we reject your application, you are welcome to reapply at any time. However, if we accept your application and we later determine that your site is unsuitable, we may terminate this Agreement at any time in our sole discretion.
You will ensure that the information in your Program application and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications, approvals, and other communications relating to the Program to the email address then-currently associated with your Program account.
3. Links on Your Site
After you have been notified that you have been accepted into the Program, you may display Special Links on your site. “Special Links” are links to the Partner Site that you place on your site in accordance with this Agreement, that properly utilize the special “tagged” link formats we provide, and that comply with the Affiliate Program Linking Requirements Special Links permit accurate tracking, reporting, and accrual of advertising fees.
You will earn advertising fees only as described in the commission plan and only with respect to activity on the Partner Site occurring directly through Special Links. We will have no obligation to pay you advertising fees if you fail to properly format the links on your site to the Partner Site as Special Links, including to the extent that such failure may result in any reduction of advertising fee amounts that would otherwise be paid to you under this Agreement.
By participating in the Program, you agree that you will comply with the Affiliate Program Participation Requirements and all pages, schedules, policies, guidelines, and other documents and materials referenced in this Agreement.
You will provide us with any information that we request to verify your compliance with this Agreement. If we determine that you have not complied with any requirement or restriction described on this policy or any other Operational Documentation or that you have otherwise violated this Agreement, we may (in addition to any other rights or remedies available to us):
(a) Withhold any advertising fees payable to you under this Agreement,;
(b) Close any other accounts you may have or may open in the future, without payment of any advertising fees;
(c) Terminate this Agreement
(d) Undertake all of the above actions.
5. Responsibility for Your Site
You will be solely responsible for your site, including its development, operation, and maintenance and all materials that appear on or within it. For example, you will be solely responsible for:
- The technical operation of your site and all related equipment;
- Displaying Special Links and Content on your site in compliance with this Agreement and any agreement between you and any other person or entity (including any restrictions or requirements placed on you by any person or entity that hosts your site);
- Creating and posting, and ensuring the accuracy, completeness, and appropriateness of, materials posted on your site (including all Product descriptions and other Product-related materials and any information you include within or associate with Special Links);
- Using the Content, your site, and the materials on or within your site in a manner that does not infringe, violate, or misappropriate any of our rights or those of any other person or entity (including copyrights, trademarks, privacy, publicity or other intellectual property or proprietary rights);
- Using the Content, your site, and the materials on or within your site in a manner that is not harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous or otherwise in any manner whatsoever;
We will have no liability for these matters or for any of your end users’ claims relating to these matters, and you agree to defend, indemnify, and hold us, our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to
(a) Your site or any materials that appear on your site, including the combination of your site or those materials with other applications, content, or processes;
(b) The use, development, design, manufacture, production, advertising, promotion, or marketing of your site or any materials that appear on or within your site, and all other matters described in this Section 5;
(c) Your use of any Content, whether or not such use is authorized by or violates this Agreement, any Operational Documentation, or applicable law;
(d) Your violation of any term or condition of this Agreement;
(e) Your or your employees' negligence or willful misconduct.
6. Order Processing
We will process Product orders placed by customers who follow Special Links from your site to the Partner Site. We reserve the right to reject orders that do not comply with any requirements on the Partner Site, as they may be updated from time to time. We will track Qualifying Purchases (defined in Section 7) for reporting and advertising fee accrual purposes and will make available to you reports summarizing those Qualifying Purchases.
7. Advertising Fees
We will pay you advertising fees on Qualifying Purchases in accordance with Section 8 and the COMMISSION PLAN. In the event any excess payment has been made to you for any reason whatsoever, we reserve the right to adjust or offset the same against any subsequent advertising fees payable to you under this Agreement. Subject to the exclusions set forth below, a “Qualifying Purchase” occurs when
(a) A customer clicks through a Special Link on your site to the Partner Site;
(b) During a single Session that the customer adds a Product to his or her shopping cart and places the order for that Product no later than 89 days following the customer’s initial click-through;
(c) The Product is shipped to, and paid for by, the customer.
A “Session” begins when a customer clicks through a Special Link on your site to the Partner Site and ends upon the first to occur of the following:
(x) 24 hours elapses from that click;
(y) The customer places an order for a Product
(z) The customer follows a Special Link to the Partner Site that is not your Special Link.
Qualifying Purchases exclude, and we will not pay advertising fees on any of, the following:
- Any Product that, after expiration of the applicable Session, is added to a customer’s Shopping Cart, or is streamed or downloaded by a customer, even if the customer previously followed a Special Link from your site to the Partner Site;
- Any Product purchase that is not correctly tracked or reported because the links from your site to the Partner Site are not properly formatted;
- Any Product purchased through a Special Link by you or on your behalf, including Products you purchase through Special Links for yourself, friends, relatives, or associates (e.g., personal orders, orders for your own use, and orders placed by you for or on behalf of any other person or entity);
- Any Product purchased for resale or commercial use of any kind;
- Any Product purchased after termination of this Agreement;
- Any Product order where a cancellation, return, or refund has been initiated; and
- Any Product purchased by a customer who is referred to the Partner Site through any of the following:
- A Prohibited Paid Search Placement
- A link to the Partner Site, including a Redirecting Link, that is generated or displayed on a Search Engine in response to a general Internet search query or keyword (i.e., in natural, free, organic, or unpaid search results), whether those links appear through your submission of data to that site or otherwise.
- Any Qualifying Purchase wherein you have offered any person or entity any consideration or incentive (including any money, rebate, discount, points, donation to charity or other organization, or other benefit) for using Special Links (e.g., by implementing any “rewards” or loyalty program that is incentive to persons or entities to visit the Partner Site via your Special Links).
- Any Product purchased through a Special Link in a Mobile Application that was not an Approved Mobile Application or where the Special Link in an Approved Mobile Application was not served by the AMA API, Product Advertising API or other linking tools that we make available to you.
- Any Qualifying Purchase, which takes place in India, made through a mobile device or tablet wherein:
- The mobile application of the Partner Site is pre-loaded by the original equipment manufacturer ("OEM") on the device or tablet; or
- The mobile application of the Partner Site is installed through a maintenance release or firmware update or firmware based notifications sent by the OEM or the notification partner; or
- The mobile application of the Partner Site is installed from a source other than Google Play store or iOS App Store
TERM TO UNDERSTAND
“Prohibited Paid Search Placement” means an advertisement that you purchased through bidding on keywords, search terms, or other identifiers (including Proprietary Terms) or other participation in keyword auctions.
“Redirecting Link” means a link that sends users indirectly to the Partner Site via an intermediate site or webpage and without requiring the user to click on a link or take some other affirmative action on that intermediate site or webpage.
“Search Engine” means Google, Yahoo, Bing, or any other search engine, portal, sponsored advertising service, or other search or referral service, or any site that participates in any of their respective networks.
8. Policies and Pricing
Customers who buy products through this Program are customers of the Partner Site with respect to all activities they undertake in connection with the Partner Site. Accordingly, as between you and us, all pricing, terms of sale, rules, policies, and procedures concerning customer orders, customer service, and product sales set forth on the Partner Site will apply to those customers, and the same may be changed at any time.
9. Identifying Yourself as an Associate
You will not issue any press release or make any other public communication with respect to this Agreement, your use of the Content, or your participation in the Program. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
10. Reservation of Rights; Submissions
We reserve all right, title and interest (including all intellectual property and proprietary rights) in and to, and you do not, by virtue of this Agreement or the License hereunder otherwise, acquire any ownership interest or rights in or to, the Program, Special Links, link formats, Content, PA API, Data Feeds, Product Advertising Content, any domain name owned or operated by us, information and materials on any Partner Site or the Associates Site, our and our affiliates’ trademarks and logos, and any other intellectual property and technology that we provide or use in connection with the Program (including any application program interfaces, software development kits, libraries, sample code, and related materials).
11. Compliance with Laws
In connection with your participation in the Program you will comply with all applicable laws of the country you are in including but not limited to ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you
We may modify any of the terms and conditions contained in this Agreement (and any Operational Documentation) at any time and in our sole discretion by posting a change notice, revised agreement, or revised Operational Documentation on the Partner Site or by sending notice of such modification to you by email to the email address then-currently associated with your Associates account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). Modifications may include, for example, changes to the Associates Program Advertising Fee Schedule, Associates Program Participation Requirements, payment procedures, and other Program requirements.
13. Relationship of Parties
You and we are independent contractors, and nothing in this Agreement or any future Operational Documentation will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and us or our respective affiliates. You will have no authority to make or accept any offers or representations on our or our affiliates’ behalf. You will not make any statement, whether on your site or otherwise, that contradicts or may contradict anything in this section. If you authorize, assist, encourage, or facilitate another person or entity to take any action related to the subject matter of this Agreement, you will be deemed to have taken the action yourself.
14. Governing law and Disputes
This Agreement will be governed strictly by our team, without regard to the principle of conflict of laws.
Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or proprietary rights. You further acknowledge and agree that our rights in the Content are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated or adequately compensated for in monetary damages,
15. Against Racism Acts
We have a core value of diversity appreciation which means everyone is an important unit of society deserving the equal rights. Any actions of ambassadors which link to the spread of racism and hatred will be counted as a factor leading that ambassador to the termination of the account regardless of any other condition that ambassador may obtain in the program
16. Company information restrictions
It is a serious problem to share any kind of confidential information about our company to other rivals, including special deals in the commission plan. Any information which is not public on the website will be considered “confidential information”. Any violation of this restriction will lead ambassador to account termination
17. Social media behavior
We advise all ambassadors to say the truth of the brand. Don’t go beyond the fact by sharing any features or services that don't match the core value, products type, vision, mission and direction of SHIRCY. Be positive in any posts and content used to communicate and deliver the message of SHIRCY to a potential customer but should never tell the lie to any one of them for profit. Any missing behavior regard to this section 17 will be considered a threat to the ambassador account.