Affiliate Terms And Conditions
Thank you for considering EmoniNail ("EmoniNail") Affiliate Program. Our affiliates are very important to us. This Affiliate Agreement is designed with you in mind, as well as protecting you, EmoniNail and our customers. Please read this Affiliate Agreement thoroughly. If you have any questions, please contact us at firstname.lastname@example.org.
Last modified on Oct 10, 2021
By signing up to be an affiliate in EmoniNail Affiliate Program (the "Program"), you agree to be bound by the following terms and conditions (the "Terms"). Please ensure that you read them carefully before signing up. These Terms are a legal agreement between EmoniNail, a company registered in USA under company GG Healthworks, Inc. and having its registered office at 530 Henry St., Brooklyn, NY 11231 ("EmoniNail", "we", "us") and You (the "Affiliate", "you").
We reserve the right to update and change the Terms from time to time without notice. Any amendments, modifications, enhancements or changes to the Program including the release of new features and resources made available by us from time to time shall be subject to these Terms. Continued use of the Program after any such changes shall constitute your consent to such changes.
Any violation of these Terms may result in, among other things, termination or suspension of your rights to be an Affiliate and forfeiture of any outstanding affiliate referral fee payments earned during the violation.
- Approval or Rejection of the Application
We reserve the right to approve or reject ANY Affiliate Program Application in our sole and absolute discretion. You will have no legal recourse against us for the rejection of your Affiliate Program Application.
- Account Registration & Terms
You must provide your legal full name, a valid email address, and any other information requested in order to complete the sign up process for an Affiliate account (“Account”).
You must be 18 years of age or older to join this Program.
Each account is for use by either a single legal entity (e.g. a company or a partnership) or an individual user. We do not permit you to share your user name and password with any other person nor with multiple users on a network. Responsibility for the security of any usernames and passwords issued (including those of any Invitees) rests with you.
You may not use the Program for any illegal or unauthorized purpose. You must not, in the use of the Program, violate any laws in your jurisdiction (including but not limited to copyright laws).
- Referral Links & Violation
Once you have signed up for the Program you will be provided with a URL link that must be used to identify you when placing a link from your site, email or other communications to the EmoniNail website. It is your responsibility to ensure each such link is correctly formatted.
We may also provide graphical images that can be used within the links found in your dashboard to promote EmoniNail. You may not modify these images in any way. We reserve the right to change the images at any time without notice.
You will be solely responsible for the development, operation, and maintenance of your site and for all materials that appear on your site.
You may not use our name or graphics in any bulk email whatsoever unless we have given our advanced written consent.
You may not in any manner misrepresent or embellish the relationship between us and you, say you manufacture our Products, say you are part of EmoniNail or express or imply any relationship between us and you or any other person or entity, except as expressly permitted by this Agreement.
- Referral Fees
For any referral sale to be eligible to earn a referral fee, customers must click-through a link from your site, email, or other communications to EmoniNail website and order within 30 days of the initial click-through. Failing to order within those 30 days, and later returning without following your link, you will not earn a referral fee.
We will only pay referral fees on links that are automatically tracked and reported by our systems. For our systems to track the referral, the visitor must have cookies enabled. We will not pay referral fees if someone says they signed up through you but it was not tracked by our system.
Accrued referral fees are paid via PayPal payouts roughly once a week regardless of the amount of referral fees accrued. Payment processing can take up to 30 days from the request date. You must provide a valid PayPal email address to receive the referral fees, as we do not offer payment via cheque/check, credit card, cash, bank transfer, or other method.
In the event a customer requests for a refund, product return, payment chargeback, and/or dispute in which the Affiliate has earned commissions, within the allowable 60 days money back guarantee, any commissions earned on the refund amount will be deducted from the Affiliate’s balance. We may delay crediting of referral fees subject to risk analysis considerations and Anti-Money Laundering procedures.
The referral fee structure is subject to change at our discretion.
We reserve the right to disqualify referral fees earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
All fees are exclusive of all taxes, charges, levies, assessments and other fees of any kind imposed on your involvement in this Agreement and shall be the responsibility of, and payable by you.
- Copyrighted and Trademarked material
You are solely responsible for ensuring that your reviews, product descriptions and articles (if applicable at your site) obey all applicable copyright, trademark, and other laws. EmoniNail will not be responsible if you use another party's copyrighted or trademarked material in violation of the law.
- Pay Per Click (PPC) Policy
PPC bidding or Search Engine Marketing using EmoninNail's branded keywords such as emoninail, emoninail treatment, or any related variations is NOT allowed without prior written permission.
- Termination of Accounts
We may terminate the Agreement if any complaints naming us or our services result from your marketing activities. Such termination will result in the deactivation or deletion of your Affiliate Account, and the forfeiture and relinquishment of all potential or accrued referral fees in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods.
Your affiliate application and status in the Program may be suspended or terminated for any of the following reasons:
- Inappropriate advertisements (false claims, misleading hyperlinks, etc.).
- Spamming (mass email, mass newsgroup posting, etc.).
- Advertising on sites containing or promoting illegal activities.
- Failure to disclose the affiliate relationship for any promotion that qualifies as an endorsement under existing Federal Trade Commission guidelines and regulations, or any applicable state laws.
- Offering unofficial rebates, coupons, or other forms of promised kick-backs from your affiliate commission as an incentive. Only the official discount codes from EmoniNail are acceptable and shall be honored.
- Self referrals, fraudulent transactions, suspected Affiliate fraud.
In addition to the foregoing, EmoniNail reserves the right to terminate any Affiliate account at any time, for any violations of this Agreement or for no reason.
If the Affiliate terminates the agreement, no further commissions from Emoninail will be paid for any past or future customer transactions. If EmoniNail chooses to terminate the agreement, any balance greater than $25 USD will be paid to the affiliate within 30 days of termination. Balances that are smaller than $25 will be forfeited.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Easy Project website and all our images and other materials provided under the Program
- 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 Agreement.
Affiliate shall indemnify and hold harmless EmoniNail and its affiliate and subsidiary companies, officers, directors, employees, licensees, successors and assigns, including those licensed or authorized by EmoniNail to transmit and distribute materials, from any and all liabilities, damages, fines, judgments, claims, costs, losses, and expenses (including reasonable legal fees and costs) arising out of or related to any and all claims sustained in connection with this Agreement due to the negligence, misrepresentation, failure to disclose, or intentional misconduct of Affiliate.
All notices given by you to us must be given to EmoniNail at email@example.com. We may give notice to you at the email address you provided to us when registering. Notice will be deemed received and properly served 24 hours after an email is sent. In proving the service of any notice, it will be sufficient to prove in the case of an email, that such email was sent to the specified email address of the addressee.
- Governing Law, Jurisdiction, and Attorney Fees
This Agreement shall be governed by and construed in accordance with the laws of the United States and the State of Brooklyn.
In the event of litigation to enforce any provision of this Agreement, the prevailing party will be entitled to recover from the other party its costs and fees, including reasonable legal fees.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
- Entire Agreement
These Terms and any document expressly referred to in it represents the entire agreement between us in relation to the use of the Program and supersedes any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into these Terms, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to entering into these Terms except as expressly stated herein.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date we entered into these Terms (unless such untrue statement was made fraudulently) and the other party's only remedy shall be for breach of contract as provided in these Terms.
- Electronic Signatures Effective
The Agreement is an electronic contract that sets out the legally binding terms of your participation in the EmoniNail Affiliate Program. You indicate your acceptance of this Agreement and all of the terms and conditions contained or referenced in this Agreement by completing the GoAffPro application process. This action creates an electronic signature that has the same legal force and effect as a handwritten signature.