EXYRA Affiliate's terms and conditions
Terms and Conditions
These terms and conditions form the ‘Agreement’. The Agreement is a legally enforceable contract between EXYRA (“we”, “our” or “us”) and “you” or “affiliate”, the company, entity or person named in the application.
We, Our Us, - EXYRA You Your, Affiliate(s) – the company, entity or person named in the application. Affiliate site – Affiliate’s website which displays EXYRA products, services and/or promotions Commission Fees
This Agreement includes the complete terms and conditions for joining in EXYRA Affiliate Program. The purpose of this Agreement is to allow the linking between your website and the EXYRA website.
2. EXYRA Promotion Code Affiliates
EXYRA does accept Promotion Code Affiliate websites. However, by using of unauthorized links or promotion codes in the program is prohibited, and will result in the forfeiture of all your monthly commissions earned, and EXYRA reserves the right to terminate this agreement immediately.
3. Affiliate Obligations
3.1. To join in the affiliate program, you must register an affiliate application to join the program from the EXYRA website. We will notify your acceptance after reviewing your application, and if we reject your application you may not reapply using a different domain/URL then add the previously rejected domain name/URL. We will cancel your application if your site is unsuitable for EXYRA Program, including if it:
3.1.1. Promote violence and sexually explicit materials
3.1.2. Promotes illegal activities and discrimination based on race, sex, religion, disability, nationality, sexual orientation, or age
3.1.3. Infringe on any EXYRA copyright, trademark, or other intellectual property rights or to violate the law
3.1.4. Includes “EXYRA“ or misspellings thereof in its domain name
3.1.5. Intended to resembles our website nor design your website in a manner that leads customers to believe you are EXYRA.
4. EXYRA Rights and Obligations
4.1. We reserve the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement.
4.2. EXYRA reserves the right to end this Agreement and your participation in the EXYRA Affiliate Program immediately and without notice to you if we found that you commit fraud in your use of the EXYRA Affiliate Program. If the fraudulent sales are detected, the commissions are not applied
4.3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder.
5. Term & Termination
The term of this Agreement will start when you accept and will end when terminated by either party. Either EXYRA or the affiliate may end this Agreement at any time, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time. In such an event, you will be notified by email. Modifications may include, but are not limited to, changes in commission’s rate, payment procedures and EXYRA Affiliate Program rules.
7. Payment & Commission Determination
EXYRA uses our own system to handle all of the tracking and payment. Affiliates will receive X% of the revenue as a commission from orders placed through properly coded Affiliate links (unless noted otherwise for a particular product) Commissions may change at the discretion of the product publisher
The commission will be paid in accordance with the terms of your agreement with. You are responsible for determining if the Payout for a Link You have placed on Your site has changed or been discontinued.
8. Conditions of Payment
8.1 For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the secure order system. Word of mouth referrals will not result in an affiliate commission being generated. Commissions will only be paid on sales that are made when the customer clicks through qualified, correctly structured Affiliate links. Properly coded links are the sole responsibility of the affiliate.
8.2 The commission will be paid through PayPal and it is the responsibility of the affiliate to ensure proper payments accounts. We will not resend payments returned due to incorrect payment email addresses.
8.3 The commission will be paid within 40 days following the order has shipped.
8.4 Affiliates that share the same personal/company details, or website details or commission payment details will be deemed ‘self referral’. Referral commission and related earnings associated with ‘self referral’ will not be paid.
8.5 No commission is payable in respect of:
8.5.1 transactions made using invalid promotion/voucher codes;
8.5.2 the cost of shipping, delivery or handling of goods;
8.5.3 canceled and returned orders;
8.5.4 non-commissionable items: EXYRA for Business orders, tax, rush printing, free products and trial/sample packs. (This list may be amended from time to time. Affiliates will be notified in advance of any changes);
8.5.5 participation in the EXYRA Refer-a-Friend Program, should a refer a friend link or promotional code be used by the customer;
8.5.6 fraudulent transactions;
8.5.7 any other exclusion notified to the Affiliate from time to time.
9. Access to EXYRA Affiliate Account
You will create a password so that you may enter EXYRA secure affiliate account interface. We provide the dashboard for you to monitor your activity reports that will show EXYRA calculation of the commissions due to you.
10. Order Fulfilments
EXYRA will be solely responsible for processing every order placed by a customer via affiliate links. Affiliates are not authorized to collect payments or sell any EXYRA products as a ‘reseller’ and no ‘resale’ rights are granted in any way. EXYRA will also be solely responsible for all customer service inquiries. Customers who purchase products and services through the affiliate program will be deemed to be customers of EXYRA. Accordingly, all rules, policies and operating procedures concerning customer orders and service will apply to those customers. EXYRA may change policies and operating procedures at any time. Prices and availability of our products and services may vary from time to time. EXYRA will always determine the price paid by the customers.
11. Clause Providing Cancellation Of Order e.g. Credit Check
We reserve the right in our sole discretion to reject orders that do not comply with certain requirements that we may establish. All aspects of order processing and fulfilment including cancellation, processing, refunds and payment processing will be our responsibility.
12. Promotion Restrictions
12.1 No Spam Policy. You cannot SPAM. You cannot SPAM. You cannot SPAM. We will terminate your account on the first offense of SPAMMING. Do not send email to lists or groups that you do not have permission to send to.
12.3. If you use other website to promote your tracking link and promotion code illegally, we will terminate immediately this agreement and your participation in the EXYRA Affiliate Program. We will not pay for any pending balances owed to you if your account is terminated due to such unacceptable advertising.
Affiliates that are found to be cybersquatting on trademark that related to domains will be banned from EXYRA program with all their earned commissions reversed.
12.4 Pay-Per-Click (“PPC”) Restrictions: Unless The Company first gives you written permission, you agree to comply with the following restrictions:
You may not bid on any of our Restricted Terms (defined below), including any variations or misspellings thereof for search or content- based campaigns on Google, Bing, MSN, Yahoo, Facebook or any other network.
“Restricted Terms” means any of the following terms: EXYRA, EXYRAeyewear, exyra.com,exyra.com.au,www.exyra.com.au, EXYRA coupon, EXYRA discount code, EXYRA discount, EXYRA promo code, EXYRA sale, EXYRA promo, EXYRA sales, EXYRA deals.
You may not use our Restricted Terms, including any variations or misspellings as per above in sequence with any other keyword.
You may not use our Restricted Terms in your ad title, ad copy, display name or as the display URL.
You may not use any of our trademarked terms as part of the domain or sub-domain for Your Website.
You may not direct link to the Site from any PPC ad or use redirects that yield the same result. Customers must be directed to an actual page on Your Website.
You may not bid in any manner appearing higher than us for any search term in positions 1-5 in any auction-style PPC advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your marketing and related activities and we strongly suggest you add our trademarked terms as negative keywords.
We have a strict no tolerance policy on PPC trademark bidding. We will not enter a discussion about when the violation started and when it stopped; you will forfeit all Affiliate Fees for a minimum of the past 30 days, your Affiliate Fee balance will be set to $0 without warning, and we may terminate your participation in the Program at our discretion.
EXYRA makes No express or implied warranties or representations with respect to the Affiliate Program or an affiliate’s potential to earn income from the Affiliate Program.
14. Limitations of Liability
We will not be liable to you with respect to any subject matters of this agreement under any contract.
‘Confidential information” includes any information which is disclosed to you and marked or described as confidential. Examples include information about Merchants, data and software. You must not disclose any confidential information to any third parties and you must take all reasonable steps and precautions to prevent disclosure of confidential information. You must not use Confidential Information for any purpose other than enjoying your rights or fulfilling your obligations under this Agreement.
By enrolling with the Affiliate Program you acknowledge that you have read this agreement and agree to all its terms and conditions. You have independently evaluated this program and are not relying on any representation, guarantee or statement other than as set forth in this agreement.