Affiliate Terms
Affiliate Agreement
Effective Date: Jan 31, 2023
Primary Website: https://www.gaiabranding.com
SPECIFIC TERMS APPLICABLE
We will determine whether the payout is permissible at our sole and exclusive discretion. We reserve the right to reject clicks and/or sales that do not comply with the terms of this Agreement. Processing and fulfilment of orders will be our responsibility. In order to be eligible for the payout, the person/business indicated by you needs to sign the contract with us in order for you to receive the amount offered.
Qualified Purchases:
a) Qualified Purchases are only eligible to be made through your unique Affiliate Link and cannot be obtained through any other partner or affiliate links associated with the Company;
b) Customers who are already partners or affiliates of the Company are not eligible to make Qualified Purchases;
c) Qualified Purchases may not be made prior to the Affiliate joining the Affiliate Program;
d) The purchase must be tracked through a properly functioning Affiliate Link;
e) Customers who violate any of our legal terms or Acceptable Use Policy are not eligible to make Qualified Purchases;
f) Qualified Purchases may not be fraudulent in any way, as determined by the Company’s discretion;
g) Offering coupons or discounts to customers in order to induce a Qualified Purchase is not allowed.
PAYOUT INFORMATION
Payouts will only be granted when the Company has up-to-date contact information, as well as the necessary accounting and tax documents. You will be required to provide the necessary tax forms. The accounting information required could consist of the routing and account number for a direct deposit or an email address for an electronic payment method.
At the moment, the Company employs the following methods of payout:
– PayPal Business
– Transferwise
– eTransfer (Canada)
Please let us know right away if you need to update your address or accounting information, and we’ll do our best to make the changes to your payout information as soon as possible. Payouts will be available the month or period after they accrue. For instance, if payouts are made every 15 days, it would take a full 15-day period to be completed before the payout of that period is available on the next. We reserve the right to make changes to payout information at our discretion. If we do, we’ll make sure to let you know. If you have any questions or concerns about a payout, please reach out to the Company within thirty days of receiving the payout. We’ll be happy to review your dispute notification and the related payout transaction. However, please note that disputes filed after thirty days of payout will not be considered.
SPAM POLICY
It is strictly prohibited to use the Affiliate Program for any illegal or spamming activities, this includes collecting email addresses and personal information from others without their consent or sending any unsolicited commercial emails.
ENTIRE AGREEMENT
This Agreement represents the complete understanding between the Parties related to the Affiliate Program and supersedes any and all prior or current agreements, whether written or verbal
NO WARRANTIES
You accept that utilizing the Affiliate Program is at your own risk and any services provided by us are as is. The Company explicitly denies any warranties, express or implied, including but not limited to the warranty of suitability for a specific purpose and the warranty of merchantability. The company does not guarantee that the Affiliate Program will fulfil your needs, or that it will be error-free, continuously available or secure. The company also do not warrant the accuracy or reliability of any information. Any damage that occurs to you as a result of your usages of the Affiliate Program, like computer system damage or data loss is solely your responsibility and the company won’t be held liable for such damage or loss.
GENERAL PROVISIONS
A) Language: All communications or notices related to this Agreement have to be in English.
B) Arbitration: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first try to resolve the dispute personally and in good faith. If those attempts fail, the Parties shall then submit the dispute to binding arbitration. The arbitration will be conducted by a single arbitrator and that arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, award punitive damages, or certify a class. The arbitrator shall be bound by applicable and governing Federal law as well as the law of BC. Each Party will pay their own costs and fees. The claims subject to arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by the Company will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties in agreement with this subpart of this Agreement waive any rights they may have to a jury trial in regard to arbitral claims.
c) Jurisdiction, venue and choice of law: By participating in the Affiliate Program, you agree that BC will govern any matters or disputes relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, except for its conflict of law provisions. If any litigation specifically allowed under this Agreement is initiated, both Parties agree to submit to the personal jurisdiction of the state and federal courts of BC county, Vancouver. This choice of law, venue, and jurisdiction provision is not optional but mandatory. You also waive any right to object to the venue, including the assertion of the doctrine of forum non-conveniens or any similar doctrine.
D) Transfer Restrictions: You are not permitted to transfer, sell, lease, or otherwise dispose of this Agreement or the rights granted under it, in whole or in part. If the Company does transfer, sell, lease, or otherwise dispose of this Agreement or the rights granted under it, the Company’s rights and liabilities will be binding on and inure to the benefit of any assignees, administrators, successors, and executors.
E) Separate Enforcement: If any part or subpart of this Agreement is determined to be invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the fullest extent possible. The rest of the Agreement will continue to be in full force and effect in such cases.
F) Force Majeure: The Company will not be liable for any failure to perform its obligations due to causes beyond its reasonable control, such as acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, natural disasters, and other similar unforeseen events.
G) No Relinquishment of Rights: If we fail to enforce any provision of this Agreement, it will not be considered a waiver of our right to enforce that provision or any other provision in the future. No waiver of any part or subpart of this Agreement will be considered a waiver of any other part or subpart.
H) Titles for Organization Only: The headings used in this Agreement are for the purpose of organization and convenience only, they do not affect the meaning of any provisions of this Agreement.
I) Electronic Communications Allowed: Both parties are permitted to use electronic communications for the purpose of this Agreement, including email or fax. If you have any questions or concerns, please email us at hello@gaiabranding.com.
