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) Modification: We may modify any of the terms and conditions contained in this Agreement, at any time 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. 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
3) 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 this Agreement.
4) 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 website. 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.
5) SPAM: This Company has a zero-tolerance policy for SPAM. Any Affiliate accused of SPAMMING will be immediately suspended while the company, in their sole discretion, determines if the validity of the SPAM complaint. Valid SPAM complaints will result in the immediate termination of your account and forfeiture of any commissions owed to you.
6) Miscellaneous: This Agreement will be governed by the laws of the United States and the State of Michigan, without reference to rules governing the choice of laws. Any action relating to this Agreement must be brought in the federal or state courts located in Detroit, Michigan, and you irrevocably consent to the jurisdiction of such courts. 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.
Kaubi Trending Empire will pay Affiliate thirty days (30) after the end of each calendar month for all commissions earned during the prior month, less any taxes we may be required to withhold, and less any amount Kaubi Trending Empire determines, in its sole discretion, was not validly earned from the proper use of the link on affiliate's web site. If commissions earned during any calendar month are less than $50USD, then Kaubi Trending Empire may hold those commissions until the month in which the total amount due is at least $50USD or (if earlier) until this agreement is terminated.
A commission will only be credited to an affiliate after the customer has made full payment to the company. If a customer later requests a refund or a chargeback is issued by the credit card holder whose credit card was used to pay for that customer's account, any commissions that were credited to both first-tier and second-tier affiliates will be deducted from the next monthly payment. If there is no next monthly payment, the affiliate will be billed and hereby agrees to be bound by law to reimburse the Company in full for any such commissions.
We will provide you with links, including URL addresses and appropriate graphics (the Link Materials), with which you may link your Web site to our Web site (www.kaubitrendingempire.com or such other Web site(s) as we may establish from time to time). Details on accessing these Link Materials are set out in the Affiliate Network Description below. If you are an approved Affiliate, we grant you a non-exclusive limited license solely to reproduce and use these Link Materials, including our trademarks to the extent they are incorporated into these Link Materials, only while you are an Affiliate and only in accordance with the terms and conditions of this Agreement.
You agree to display the Link Materials appropriately on your Web site and to respect our trademarks, service marks, and other rights in the Link Materials. You will use only these Link Materials to link your Web site to ours, and you will not alter the look or feel of these Link Materials or of our Web site in any way. You will use reasonable efforts to update to new versions of Link Materials as we make them available.
Tracking of Sales:
The Company will be solely responsible for tracking sales using special software that communicates with the specially encoded URLs assigned to affiliates. Company will endeavor to do its best to ensure accurate tracking of referrals made by affiliates. Affiliates will themselves be solely responsible for ensuring that these special URLs are formatted properly, a necessary prerequisite to accurate tracking of referral sales. Notwithstanding the above statement of responsibility by Company to track sales, affiliates hereby acknowledge and accept that the tracking system employed by the Company is not 100% fail-safe and that there may on occasion be instances of referral sales made that are not credited to an affiliate for any of the following possible reasons:
· Failure by the affiliate to use the proper format of the specially assigned URL in promotions, webpage links, banner ads, and so on
· Deliberate or accidental actions by customers to circumvent an affiliate's special URL so that our software is unable to accurately track that sale
· Bugs, glitches or crashes of the tracking software that renders it unable to accurately track sales for a period of time
· Acts of nature that cause irretrievable data loss on the computers and back-up disk media that store the commission information.
As such, affiliates will not hold the Company liable to compensate for any claimed commissions that were not tracked and recorded by the tracking software.
We will pay referral fees on any Products after the customer has re-entered our site through the use of a cookie placed on the end-user computer. If through no fault of ours, the cookie is removed or not allowed by the end-user, that customer's purchase may be tracked only if the customer enters our site directly through a link from your site. The cookie may expire at the end of 90 days or a time period determined solely by Kaubi Trending Empire
Responsibility for Your Site
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
· The accuracy and appropriateness of materials posted on your site (including, among other things, all product-related materials)
· 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.
We disclaim all liability for these matters. Further, you will indemnify and hold us harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to the development, operation, maintenance, and contents of your site.
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…
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 Transaction for any order placed by a customer following a Link from Your Site, for tracking the number and amount of sales generated by the Link from Your Site, and for providing information to you regarding sales statistics. Also, we will be responsible for credit card authorizations, payment processing, cancellations, returns, and related customer service for any customer queries, it being understood that such activities shall be for our account.
Enrollment in the Program
To begin the enrollment process, you will submit an application via our site. We will evaluate your application in good faith and will notify you of your acceptance or rejection. We may reject your application if we determine (at our sole discretion) that your site is unsuitable for the Program. Your site should:
· Generate sufficient traffic to our websites.
· Attract a customer base who may be interested in apparel and electronics products.
· Not promote sexually inappropriate materials.
· Not promote violence.
· Not promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
· Not promote illegal activities.
· Not violate the intellectual property rights of Kaubi Trending Empire
If we reject your application, you are welcome to reapply to the Program at any time. You should also note that if we accept your application and your site is thereafter determined (at our sole discretion) to be unsuitable for the Program, we may terminate this Agreement.
-- Your privacy is critically important to us.
Kaubi Trending Empire is located at:
Kaubi Trending Empire
1 Bowen Dr
Florida, United States
- Website Visitors
Like most website operators, Kaubi Trending Empire collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Kaubi Trending Empire's purpose in collecting non-personally identifying information is to better understand how Kaubi Trending Empire's visitors use it's website. From time to time, Kaubi Trending Empire may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Kaubi Trending Empire also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://kaubitrendingempire.com/ blog posts. Kaubi Trending Empire only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
- Gathering of Personally-Identifying Information
Certain visitors to Kaubi Trending Empire's websites choose to interact with Kaubi Trending Empire in ways that require Kaubi Trending Empire to gather personally-identifying information. The amount and type of information that Kaubi Trending Empire gathers depend on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://kaubitrendingempire.com/ to provide a username and email address.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee it's absolute security.
- Links To External Sites
We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
- Aggregated Statistics
Kaubi Trending Empire may collect statistics about the behavior of visitors to its website. Kaubi Trending Empire may display this information publicly or provide it to others. However, Kaubi Trending Empire does not disclose your personally-identifying information.
- Affiliate Disclosure
This site uses affiliate links and does earn a commission from certain links. This does not affect your purchases or the price you may pay.
To enrich and perfect your online experience, Kaubi Trending Empire uses "Cookies", similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
Those who engage in transactions with Kaubi Trending Empire – by purchasing Kaubi Trending Empire's services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Kaubi Trending Empire collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Kaubi Trending Empire. Kaubi Trending Empire does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.