Affiliate Program Terms and Conditions
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND YOZAA OPTICS ("YOZAA," "WE," "US"). BY CLICKING ON THE "CONTINUE" BUTTON AT THE END OF THE AFFILIATE ONLINE APPLICATION (THE "APPLICATION"), YOU AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE ACCEPTING ITS TERMS.
This agreement ("Agreement") contains the complete terms and conditions between Yozaa and all its brands, and you, the applicant ("You"), regarding your application to participate in Yozaa's Affiliate Program (the "Affiliate Program"). Upon our acceptance of your Application and electronic execution of this Agreement by You, or a duly authorized representative of Yours, this will be a legally binding Agreement between You and Yozaa to affiliate with our brands, yozaa-optics.com and Yozaa Optics.
1. Enrolling in the Affiliate Program
To apply for participation in the Affiliate Program, You must properly complete the Application and submit it to us via our web site. We will review the Application and will advise You whether it has been accepted. We reserve the right to accept or reject the Application at our sole discretion.
An application will be automatically rejected if it appears to contain false information or is submitted from an entity that has a web site that violates intellectual property rights or contains or promotes any of the following:
- Discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- Sexually explicit materials
- Unlawful activities
2. Links to Our Web Site(s)
If You are notified that your Application has been accepted, You will be asked to provide one or more links from your site to our site(s). We will provide You with instructions and special link formats ("Link Formats") designed for accurate tracking and reporting for all links between your site and our site(s) and You will be solely responsible for properly utilizing the Link Formats.
Once established, the links utilizing the Link Formats ("Special Links") will be used to determine any fees to be paid. Failure by You to maintain the Special Links or use the Link Formats as instructed may result in a loss to You of fees.
We will process orders that are placed on our site by customers who follow the Special Links directly from Your site to our site(s) (the "Referred Orders"), and will record those orders as being associated with a referral through the Special Links from our site.
3. Affiliate Referral Fees
On a MONTHLY basis, we will pay a fee to You, in accordance with the Affiliate Referral Fee Schedule below (the "Affiliate Referral Fee"), based on the shipped and delivered ("Shipped") Referred Orders that have been recorded. For a Referred Order to generate a fee, the order must meet the following conditions (the "Qualified Referral Order"):
- A customer must have followed the Special Links from Your site to our site(s).
- A customer must have chosen one or more products.
- The customer must have ordered the products through our automated ordering system ("Shopping Cart") during that same session.
- The customer must have accepted delivery of, and paid us in full for, that order.
- The customer must not have returned the product for a refund or exchange.
Clearance, discontinued items, gift certificates and e-certificates and non Yozaa Branded products are excluded from earning referral fees. Orders that are placed after a customer enters our site by other means than through the Special Links are not eligible for the Affiliate Referral Fee. Orders placed subsequent to the Referred Order other than through a Special Link as a Referred Order are not eligible for the Affiliate Referral Fee.
All customers who purchase product from us under the Affiliate Program shall be deemed customers of Yozaa Optics and as such are subject to the policies, terms and conditions of its applicable sites.
4. Affiliate Referral Fee Schedule
You will earn an Affiliate Referral Fee based on the net sales revenue of "Shipped" Qualified Referral Orders less shipping and handling charges, taxes collected, service contract revenue, and any other non-product charges on that order (the "Referral Order Revenue") as follows:
Referral fees shall be ten percent 10% of Referral "Shipped" Order Revenue through www.yozaa-optics.com. Qualified products do not include gift certificate and/or e-certificate orders purchased through our website. At our sole discretion, we may establish other special referral rates for special promotions that may be available to all or only some of our affiliates.
5. Cookie DurationDuration of tracking coolie is set to 30 days on yozaa-optics.com.
6. Affiliate Referral Fee Payment
Within approximately 30 days following the end of each month, we will send You the payment for the Affiliate Referral Fee earned on the Referral "Shipped" Order Revenue for products that were shipped during that calendar month. If the fees payable to You for any month are less than US$25.00, we will withhold payment until the next month in which the accumulated US$25.00 minimum is met.
If a Qualified Referral Order is returned by a customer after a payment has been issued to You, the associated Affiliate Referral Fee will be deducted from the fees to be paid to You in the future. In the event that the fees for returned products exceed the balance of fees to be paid to You, You may be billed for the differential.
7. Affiliate Prohibitions
a) You may use links and images provided by us only through the affiliate network(s) for the purpose of soliciting Referred Orders. You are expressly prohibited from using the Yozaa name and any of our brand names, product names, logos, trademarks, service marks, trade dress or copyrighted materials ("Property") on any Web site that promotes illegal activities, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
b) You will not purchase or operate any domain name that includes a registered trademark owned by Yozaa Optics, or any deliberate variation or misspelling thereof.
c) You will not purchase advertising on any search engine for keywords containing the term "Yozaa" or the name of any of its brands (or any substantially similar term). This includes but is not limited to "Yozaa," "YuKo," or any variation or misspelling of these terms. You Agree not to purchase or bid on domains that use any of Yozaa's trademarked terms as part of the domain or sub-domain. Yozaa reserves the right to supplement this list of prohibited keywords by notice to You, either through an amendment to this Agreement or by email.
d) You will not display Yozaa Property in a pop-up or pop-under window on any Web site other than your own. This includes the purchase of pop-up or pop-under advertising through a third-party publisher.
e) You will not use any email, at any time, to advertise or promote the Yozaa name or brands or any product or service related to or offered by Yozaa without prior written consent from our affiliate marketing manager.
f) You will not use our Property in any press release or print advertisement without obtaining our prior written consent.
g) You will not use your Links to purchase products from our website for resale or commercial use.
h) You will not include our Property within invisible source code.
i) You will not wrap or frame our Site in any manner without our prior written consent.
j) You will not publish invalid promotions, offers and coupon codes.
k) You will not publish expired promotions, offers and coupon codes without an expiration date using month/date/year.
m) All determinations of qualifying links and whether a commission is payable will be made by Yozaa Optics.
You agree that You will be solely responsible for, and that You will defend, indemnify and hold us, our corporate parent, subsidiaries, joint ventures, employees, third-party service providers, affiliates and all of our respective officers, directors, agents and representatives harmless from and against any and all claims, suits, damages, losses, liabilities, obligations, penalties and expenses, including legal fees and expenses, relating to or based on: the development, operation and maintenance of Your site, including all materials that appear on Your site; the technical operation of Your site and all related equipment; the creation and posting of product reviews, descriptions and references on Your site and links from such content to our site(s); the accuracy and propriety of materials posted on Your site; the sale or offering for sale, use or consumption of any products or services on your site; and allegations that materials posted on Your site violate or infringe upon the rights of any third party, or are libelous or otherwise illegal.
The Term of this agreement will begin upon our acceptance of your program application and will end on the date this agreement is terminated by either party (The "Term"). Either You or we may terminate this agreement at any time, with or without cause, for any reason whatsoever, by giving the other party two days' written notice of termination. Upon the termination of this agreement for any reason, You will immediately cease use of, and remove from your site, all Links and Licensed Materials and any other names, marks, symbols, copyrights, logos, fanciful or other characters, designs, representations, figures, drawings, photographs, ideas or other proprietary designations or properties owned, developed, licensed or created by us and/or provided by or on behalf of us to You pursuant to this agreement or in connection with the Program. You will not receive any fees on product sales occurring following the end of the Term, and fees earned through the end of the Term will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Affiliate Referral Agreement, at any time and at our sole discretion, by posting a change notice or a new agreement on our site(s). Modifications may include, for example, changes in the fee schedule, 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(S) WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
11. Not all applicants will be accepted. We are looking for partners with medium-to-high traffic websites with lifestyle product categories, and/or specialized market websites that are relevant to our product selection. When applying to the program, please provide as much detailed information as possible about your marketing intentions. We will terminate the affiliate relationship if there is no sales activity during a 6 month period.