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In pursuit of our primary objective of
winwin business with our affiliates, SurprisingGift agrees to deliver the agreed upon services, as declared
in the ˇ°Welcome as Affiliateˇ± confirmation, to our affiliates at the
time of signup, subject to the following Affiliate Program Terms of
Service (hereafter referred to as TOS).
In addition, the use of our service(s) by an affiliate constitutes an
unconditional acceptance of and agreement to SurprisingGift's TOS. SurprisingGift reserves the right to change or modify the TOS at any
time without notice. By signing up free for a SurprisingGift Affiliate
Account you are agreeing to the following Terms and Conditions. Please
review the General Agreement and supplementary notes carefully.
If you have any queries about your
SurprisingGift Affiliate Account or payments you can contact us by
going to
www.SurprisingGift.com and clicking "Contact Us" at the top left of
the page.
Jump to:
Terms of the Agreement
Joining the SurprisingGift Affilate Program
Cancellation of Your SurprisingGift Affiliate Account
Promoting SurprisingGift
Content Usage Policy for Affiliates
Calculation of Commissions
Payment of Commissions
Privacy Policy and Data Protection
Limitation of Liability and Disclaimer
General Agreement The SurprisingGift Affiliate Account
service agreement (the "Agreement") is made by SurprisingGift.com. ("SurprisingGift"), and you, as the registrant in the
SurprisingGift Affiliate Program ("You", "Your", "Affiliate").
- When signing up as an Affiliate of
SurprisingGift, and throughout the duration of your Affiliate Account,
You agree to abide by the terms and conditions contained in this
Agreement.
- By registering for Your SurprisingGift
Affiliate Account, you are indicating that you accept these terms and
conditions.
- If You do not accept the terms and
conditions of the Agreement, do not sign up for the SurprisingGift
Affiliate Program.
- All content on the
SurprisingGift.com
site is copyrighted material and copyright violations will be treated
seriously. The entire text of this Agreement is copyright.
- SurprisingGift reserves the right to change or modify the TOS at any
time without notice
Terms of the Agreement
- The term of this Agreement will begin
upon the online submission success of your SurprisingGift Affiliate
signup form, and will end when terminated by either party.
- Either You or we may terminate this
Agreement at any time, by giving the other party written notice (SurprisingGift
will use your email address as provided on signup).
- If the Agreement is terminated, You
agree to remove all material related to SurprisingGift from your
websites or as far as possible from other media which you have
previously used in your affiliate promotional activities.
- Even if some of your affiliate links
remain, You are only eligible to earn commissions on sales that occurred
during the term of this Agreement (up to and including the date of
termination).
Joining the
SurprisingGift Affilate Program
You may create a SurprisingGift
Affiliate Account by filling out the online signup form found at
http://www.SurprisingGift.com /affiliate_affiliate.php, provided
that:
- You are the holder of a Paypal
account into which we can pay affiliate commissions (which depends on
where you live or hold a bank account please see Paypal's current list
of countries served at:
http://www.paypal.com/cgibin /webscr?cmd=_displayapproved
signupcountriesoutside);
- You are aged 18 or over;
- You are not already signed up as a
SurprisingGift Affiliate on another account, or have not at any time in
the past held an account which was closed by SurprisingGift;
- You have not already been requested
to cease public activities relating to the marketing of SurprisingGift's
products and services.
- You may not reassign your
SurprisingGift Affiliate Account to the ownership or management of
another person, unless this is authorized by SurprisingGift in advance.
If you change the payment Paypal address on your account to that of a
different person, we may withhold payment while we query this with you,
for security reasons.
Cancellation of Your SurprisingGift Affiliate Account
When using the online signup form, your
account is automatically created. However, SurprisingGift may cancel
your account at their sole discretion. We will notify you if your
SurprisingGift Affiliate Account is being cancelled, and give you an
opportunity for discussion. Reasons for cancellation include but
are not limited to the following:
- You provided false information in
your account signup;
- You are or have been, in SurprisingGift's opinion, contravening the terms and conditions of a
SurprisingGift Buyer Account owned or administered by You
- You hold a SurprisingGift Buyer
Account which is in debit because of completed orders which are unpaid
for example due to chargebacks or Paypal disputes;
- You do not hold a Paypal account or
your Paypal account cannot receive money;
- You are or have been promoting or
referring to SurprisingGift in a negative light or through inappropriate
or unethical methods (see "Promoting SurprisingGift" below);
- Your account has been inactive for a
long time and no commission earnings are outstanding.
- SurprisingGift may terminate this
Agreement for any reason, at any time. The terms of this Agreement and
our acceptance criteria are subject to change at any time without prior
notice.
- You may terminate your Account and
this Agreement at any time by contacting SurprisingGift
Promoting SurprisingGift
We disclaim all liability for the media
content created or published by you in the course of your activities
promoting SurprisingGift's products or services, and for any statements
made by you in this regard. 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 affiliate promotion activities.
The following are examples of ways to
promote SurprisingGift in an acceptable way provided other standards
outlined in this document are adhered to:
- promoting SurprisingGift's products
and services through your own dedicated websites or ebooks using your
content to which you hold the copyright;
- promoting SurprisingGift's products
and services through your own existing websites on related themes such
as electronics, gadgets, wholesale and wholesalers, dropshipping,
auctions, gifts, China business, business-to-business, import / export
and trade, product reviews, technology, and affiliate programs;
- promoting SurprisingGift's products
and services through third party websites such as blogs, newsgroups,
forums, online classified advertising sites, and article directories
where your involvement is explicitly permitted and invited by the owners
of the website, and where your comments or submissions are useful and
relevant to that website and its user community;
- promoting SurprisingGift's products
and services through emails to people who have explicitly agreed to
receive messages from you on SurprisingGiftrelated themes (see example
themes above);
- promoting SurprisingGift's products
and services through online advertising channels (such as payperclick,
payperimpression, payper(time period) banners, and text links)
provided the context is appropriate (see below);
- promoting SurprisingGift's products
and services in offline media such as print publications, provided the
context is appropriate (see below);
You may not promote SurprisingGift
through the following methods:
- promotion through any media
representing yourself, your company, or the promotional medium as
officially representing or being part of SurprisingGift.,
including but not limited to using the name "SurprisingGift" in your
company name, domain name, or subdomain address, and further including
any very similar names that suggest association with SurprisingGift or
lead to confusion with the name SurprisingGift;
- promotion using false or misleading
statements, claims, statistics, prices, or pictures about SurprisingGift
products and services, including about the SurprisingGift Affiliates
Program;
- copying and using text and pictures
from SurprisingGift except where permitted by SurprisingGift's "Content
Usage Policy" (see below);
- unsolicited emailing (spam);
- automated (spam like) posting on
other people's websites including blogs and forums;
- submission to search engines, web
directories, social bookmarking sites, or similar using your affiliate
link as the URL;
- promotion through any media that
condones or encourages illegal activities;
- promotion through any media
associated with spamming, viruses, spyware, or adware;
- promotion through any adult
oriented
(sexually explicit) media;
- promotion through any media that
contains or promotes racism, violence, hate, or intolerant
discrimination;
- promotion through any media that
includes excessive foul language;
- promotion through any media that is
associated with pyramid schemes or similar;
- promotion through any media which
contains content that in SurprisingGift's sole judgment is defamatory or
harassing to SurprisingGift or any third party.
Content Usage Policy for
Affiliates:
The following examples are intended as
guidelines to what you may republish online and offline in order to
promote SurprisingGift with your affiliate links. This list is not
comprehensive and we may contact you to request removal of unacceptable
material on your websites or elsewhere. We may also contact webmasters
or web hosts to request removal of content placed by you, without
contacting you directly. Furthermore you should contact SurprisingGift
directly if you are unsure about the permissibility of statements or
content used in your promotional activities, prior to publishing that
material.
Acceptable:
- Using product pictures from
SurprisingGift.com in providing information about those products and
linking to SurprisingGift;
- Using product description text from
SurprisingGift.com in providing information about those products and
linking to SurprisingGift;
- Quoting sections of text up to 250
words from SurprisingGift public documents such as the SurprisingGift
Knowledgebase (FAQs) and SurprisingGift publicity leaflets;
- Using your own photos or videos of
SurprisingGift products and packaging.
Not acceptable:
- You may not use the SurprisingGift
logo on other sites UNLESS it is clear that you are discussing
SurprisingGift and not representing yourself as SurprisingGift or an
authorised representative, reseller, or commentator, AND only if the
SurprisingGift logo links to SurprisingGift.
- You may not copy or mimic text,
trademarks, logos, or images in order to refer to or mimic
SurprisingGift's accreditations from third parties, including but not
limited to: Alibaba Gold Supplier; Alibaba TrustPass; Huaxia Credit;
ScanAlert / Hacker Safe; ValidatedSite;
- You may not copy or imitate the
design or elements of the SurprisingGift.com website including but not
limited to: html code; icons and graphics; css styling; category layout;
category naming; distinctive features of layout;
- You may not copy or adapt product
reviews or customer testimonials from SurprisingGift.com
- You may not copy or adapt
SurprisingGift documents or ebooks including but not limited to: SurprisingGift newsletter
text; SurprisingGift blog posts; text used on the SurprisingGift.com
main page; text used on SurprisingGift.com product category pages and
subcategories; the SurprisingGift Knowledgebase and other FAQs.
Restrictions above in relation to
copying / adapting includes translations into foreign languages. Logos and trademarks of third parties
are used on SurprisingGift.com with permission, and you should seek
permission before using such text or images yourself.
Calculation of Commissions
The calculation of commissions payable
to you is at the sole discretion of SurprisingGift and subject to change
without prior notice. This is the system by which your
affiliate commissions will be calculated:
When someone clicks through your
affiliate link to SurprisingGift.com, AND your affiliate cookie is
correctly set on their computer, AND within the cookie period that
person places an order and pays for the order, AND the order is
successfully delivered, AND a period of 16 days has passed since the
delivery of the order, your affiliate account will be credited 5% of the
total products value of the order. (The shipping fee of the order is not
included in the commission calculation.)
At the second tier: When someone
clicks through your affiliate link to SurprisingGift.com, AND your
affiliate cookie is correctly set on their computer, AND within the
cookie period that person successfully signs up as a SurprisingGift
Affiliate, AND that 2nd tier affiliate successfully refers a sale (as
described above), your affiliate account will be credited 1% of the
total products value of the order.
Please note the following important
conditions:
- The cookie duration is 30 days;
- If the customer clicks through
another SurprisingGift Affiliate's link, the cookie will be overwritten
with their ID;
- Commissions cannot and will not be
calculated or credited manually;
- If for whatever reason our online
system did not credit a particular order to your affiliate ID we cannot
and will not credit it to your account manually;
- Commissions are shown in your
Affiliate Account on SurprisingGift.com before they are actually
credited: if the order that was made by your referred buyer is not paid
for and delivered, commission will not be paid;
- Commissions initially shown as
credited to you from delivered orders may be withdrawn if the order in
question changes status due to payment issues (such as a credit card
chargeback or Paypal reversal) or item returns;
- Ordering goods for yourself or your
dropship customers through your own affiliate link is allowed, and
SurprisingGift reserves the right to take such affiliate commissions
into consideration in calculations affecting your SurprisingGift
Buyer account. For example if you order products through your
own link and later return them, SurprisingGift reserves the right to
subtract your original affiliate commission to yourself from any refund
applicable to that order or from future affiliate commission payments.
- SurprisingGift Affiliates are bound by
the normal terms and conditions if buying from SurprisingGift as a
regular Buyer, and SurprisingGift undertakes no responsibilities
promoting or endorsing your products and services.
Payment of Commissions
SurprisingGift will pay you your
affiliate commissions based on the following conditions:
- Your commission earned up to and
including a calendar month is paid within the first 15 days of the
succeeding month;
- All commissions are paid through
Paypal ONLY, to the paypal account email address you specified during
signup;
- The minimum commission payout is USD
50.00 (e.g. if you have $51 in commissions you will be paid the full $51
through Paypal on the monthly payout day, but if you only have $49 you
will have to wait until you go over $50 before you get paid anything at
all);
- If payments are unclaimed
SurprisingGift does not undertake responsibility to contact you as
Paypal will already send more than one email reminding you to claim /
collect the funds; it is your responsibility to keep your contact
information up to date;
- If an unclaimed payment is returned
to SurprisingGift by Paypal, we will attempt repayment if you contact
us;
- Unclaimed payments over 90 days old
will not be paid.
- If an affiliate commission is
accidentally overpaid by SurprisingGift, you agree to promptly remit
such excess payment upon notification by us. We may withhold further
commission payments until the previous overpayment is resolved.
- You are wholly responsible for
declaring your income from the SurprisingGift Affiliate Program to the
taxation and legal authorities in your country. SurprisingGift
undertakes no responsibility in assisting you with financial or legal
paperwork relating to your Affiliate Commissions. SurprisingGift
reserves the right to charge for services providing formal paperwork or
other confirmations of your Affiliate Commissions.
Privacy Policy and Data
Protection
- You must provide valid contact
information to participate in the SurprisingGift Affiliates Program.
Your contact information will only be used to contact you with
information about the SurprisingGift affiliate program and
SurprisingGift.
- Your information will never be shared
with any third parties.
- Except as otherwise provided in this
Agreement or with the consent of the other party, each of the parties
agrees that all information, including, without limitation, the terms of
this Agreement, business and financial information, customer and vendor
lists, and pricing and sales information, concerning us or you,
respectively, or any of our affiliates provided by or on behalf of any
of them shall remain strictly confidential and shall not be utilized,
directly or indirectly, by such party for its own business purposes or
for any other purpose except and solely to the extent that any such
information is generally known or available to the public through a
source or sources other than such party hereto or its affiliates.
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 SurprisingGift
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 Program will not exceed the total referral fees
paid or payable to you under to this Agreement.
Disclaimer
SurprisingGift makes no express or
implied warranties or representations with respect to the SurprisingGift
Affiliate Program or any products sold through the Program (including,
without limitation, warranties of fitness, merchantability,
noninfringement, or any implied warranties arising out of a course of
performance, dealing, or trade usage).
In addition, SurprisingGift makes no
representation that the operation of the SurprisingGift.com website will
be uninterrupted or error free, and SurprisingGift will not be liable
for the consequences of any interruptions or errors; however, we will
make commercially reasonable efforts to correct errors or interruptions
promptly.
Independent Investigation
You acknowledge that you have read this
agreement and agree to all its terms and conditions. You understand that
SurprisingGift 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
web site. 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. |