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Affiliate Terms

Updated 01/01/2024

AGREEMENT

By signing up to be an Affiliate in the EcoMoissanite Affiliate Program (“Program”), you are agreeing to be bound by the following terms and conditions (“Affiliate Terms”). EcoMoissanite reserves the right to update and change its Affiliate Terms without notice occasionally. Any new features that augment or enhance the current program, including releasing new tools and resources, shall be subject to the Affiliate Terms. Continued use of the affiliate program after any such changes shall constitute your consent to such changes. Violating the terms below will terminate your account and forfeit any outstanding affiliate commission payments earned during the violation. You agree to use the Affiliate Program at your own risk.

REFERRAL FEES/COMMISSIONS

We offer a commission structure based on the following tiers:

  • 5% commission per sale up to $5,000
  • 10% commission per sale between $5,001 and $10,000
  • 15% commission per sale over $10,000

The commission is calculated from EcoMoissanite’s net revenues from qualified leads and is subject to deductions for taxes, chargebacks, and other specified costs.

PAYMENT SCHEDULE

You will earn referral fees only for sales occurring after a customer purchases goods from us using your Referral ID. You will be paid monthly if your affiliate earnings are over $250. If you have not earned $250 since your last payment, we will pay you the following month after crossing the threshold. All payouts will be processed in U.S. dollars. Transaction costs associated with the transfer will be deducted from the affiliate’s commission.

We are only responsible for paying accounts that have crossed the $250 threshold. Payments only begin once you’ve earned over $250 in affiliate income. If your affiliate account never crosses the $250 threshold, your commissions will not be paid.

Payouts will be deposited within 30 days from the retailer’s payment to the affiliate’s bank or PayPal account. We can only pay commissions on business generated through adequately entered Referral IDs that were automatically tracked by our system.

COMMISSION EXCEPTIONS

We will not be liable to you with respect to any failure by you or someone you refer to incorrectly provide your Referral ID, including to the extent that such failure may result in any reduction of amounts that would otherwise be paid to you under this Agreement.

We will not pay commissions simply because someone says they purchased from us or someone says they entered a Referral ID if our system did not track the submission and/or the transaction. We reserve the right to disqualify commissions earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.

You may not set up a customer account using your Referral ID. Such purchases may result (in our sole discretion) in withholding referral fees and/or the termination of this Agreement.

ACCOUNT TERMS

  • You must be 18 years or older to be part of this program.
  • You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
  • You must provide your full legal name, a valid email address, and other requested information to complete the signup process.
  • You are responsible for maintaining the security of your account and password. EcoMoissanite cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  • You are responsible for all content posted and activity under your account.
  • One person or legal entity may not maintain more than one account.
  • You may not use the Affiliate Program for any illegal or unauthorized purpose. You must not, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws).
  • You may not use the Affiliate Program to earn money on your EcoMoissanite purchases.

GRAPHICS ON YOUR SITE, EMAILS, OR OTHER COMMUNICATIONS.

Once you have signed up for the Affiliate Program, you will be assigned a unique Referral ID. You can place links, banners, or other graphics we provide with your Referral ID on your site, emails, or other communications. We will provide you with guidelines, link styles, and graphical artwork to use in linking to EcoMoissanite. We may change the design of the artwork at any time without notice.

IDENTIFYING YOURSELF AS AN ECOMOISSANITE AFFILIATE

You may not issue any press release with respect to this Agreement or your participation in the affiliate program; such action may result in your termination from the affiliate program. In addition, you may not in any manner misrepresent or embellish the relationship between EcoMoissanite and you, say you develop our products, say you are part of our brand, 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 (including by expressing or implying that we support, sponsor, endorse, or contribute money to any charity or other cause).

CUSTOMER DEFINITION

Individuals who buy products through this affiliate program will be deemed to be our customers. Accordingly, our rules, policies, and operating procedures concerning retail orders, customer service, and product sales will apply to those customers. We may change our policies and operating procedures at any time. For example, per our pricing policies, we will determine the prices for products sold under this affiliate program. Product prices and availability may vary from time to time. Because price changes may affect products listed on your site, you should not display product prices. We will use commercially reasonable efforts to present accurate information, but we cannot guarantee the availability or price of any particular product.

YOUR RESPONSIBILITIES

You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site. For example, you will be solely responsible for:

  • The technical operation of your site and all related equipment.
  • Ensuring the display of Special Links on your site does not violate any agreement between you and any third party (including without limitation any restrictions or requirements placed on you by a third party that hosts your site).
  • The accuracy, truth, and appropriateness of materials posted on your site (including, among other things, all product-related materials and any information you include within or associated with Special Links).
  • Ensuring that materials posted on your site do not violate or infringe upon the rights of any third party (including, for example, copyrights, trademarks, privacy, or other personal or proprietary rights).
  • Ensuring that materials posted on your site are not libelous or otherwise illegal.
  • Ensuring that your site accurately and adequately discloses, either through a privacy policy or otherwise, how you collect, use, store, and disclose data collected from visitors, including, where applicable, that third parties (including advertisers) may serve content and/or advertisements and collect information directly from visitors and may place or recognize cookies on visitors’ browsers.

COMPLIANCE WITH LAWS

As a condition of your participation in the affiliate program, you agree that while you are a participant, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements of any governmental authority that has jurisdiction over you, whether those laws, etc. are now in effect or later come into effect during the time you are a program participant. Without limiting the foregoing obligation, you agree that as a condition of your participation in the affiliate program, you will comply with all applicable laws (federal, state, or otherwise) that govern marketing email, including, without limitation, the CAN-SPAM Act of 2003 and all other anti-spam laws.

TERM OF THE AGREEMENT AND PROGRAM

The term of this Agreement will begin upon our acceptance of your application and 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. Upon the termination of this Agreement for any reason, you will immediately cease using all of our trademarks, logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the affiliate program. EcoMoissanite reserves the right to end the affiliate program at any time. EcoMoissanite will pay any outstanding earnings accrued above $250 upon the program’s termination.

TERMINATION

EcoMoissanite, in its sole discretion, has the right to suspend or terminate your account and refuse any current or future use of the affiliate program or any other EcoMoissanite service for any reason. Such termination of the service would result in the deactivation or deletion of your account or your access to your account and the forfeiture and relinquishment of all potential or to-be-paid commissions in your account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. EcoMoissanite reserves the right to refuse service to anyone for any reason.

RELATIONSHIP OF PARTIES

You and we are independent contractors, and nothing in this Agreement will 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. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything in this Section.

LIMITATIONS 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 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 affiliate program will not exceed the total referral fees paid or payable to you under this Agreement.

DISCLAIMERS

We make no express or implied warranties or representations with respect to the affiliate program or any products sold through the affiliate program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of the EcoMoissanite will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.

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 WEBSITES THAT ARE SIMILAR TO OR COMPETE WITH YOUR WEBSITE. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS OUTLINED IN THIS AGREEMENT. YOU FURTHER ACKNOWLEDGE YOUR RESPONSIBILITY TO REGULARLY REVIEW THE TERMS OF THIS AGREEMENT AND STAY INFORMED ABOUT ANY UPDATES OR CHANGES TO THE AFFILIATE PROGRAM OR ITS TERMS.

ARBITRATION

Any dispute relating in any way to this Agreement (including any actual or alleged breach hereof), any transactions or activities under this Agreement, or your relationship with us or any of our affiliates shall be submitted to confidential arbitration, except that to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court (and you consent to non-exclusive jurisdiction and venue in such courts) or any other court of competent jurisdiction. Arbitration under this Agreement shall be conducted under the rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

MISCELLANEOUS

This Agreement will be governed by the laws of The United States, without referencing rules governing the choice of laws. You may not assign this Agreement by 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.

The failure of EcoMoissanite to exercise or enforce any right or provision of the Affiliate Terms shall not constitute a waiver of such right or provision. The Affiliate Terms constitute the entire Agreement between you and EcoMoissanite and govern your use of the service, superseding any prior agreements between you and EcoMoissanite (including, but not limited to, any prior versions of the Affiliate Terms).

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