Partner Program Agreement
Last updated: May 10, 2024
Important: This Partner Program Agreement ("Agreement") is made and entered into as of the date you asserted to have read, understood, and agreed to our Terms and Conditions, by and between Kaluta Shopping Mall Inc. ("Company") and you ("Partner").
WHEREAS:
- Company desires to expand its reach and increase sales by engaging Partners to promote its products and services; and
- Partner desires to earn commissions by promoting Company's products and services to its audience.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants contained herein, the parties agree as follows:
1. Partner Program
1.1 Service Access and Responsibilities
Company reserves the right to refuse service and/or access to the Company in our sole discretion and without notice. You are solely responsible for your use of the Company, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, resulting from your use or misuse of the Company. Posting or transmitting any unlawful materials is strictly prohibited.
1.2 Promotion Rights
Company grants Partner a non-exclusive, non-transferable right to promote Company's products and services through its website, social media channels, and other marketing materials.
1.3 Tracking Links
Partner will be provided with unique partner links and tracking codes to track referrals generated by Partner's efforts.
1.4 Legal Compliance
Partner agrees to comply with all applicable laws and regulations in connection with its participation in the Partner Program.
1.5 Email Whitelisting Policy
In order to ensure the seamless delivery of our services and to enhance your overall experience, it is imperative that you whitelist specific email addresses associated with the Company. Whitelisting enables us to deliver important communications and updates to your inbox without any disruptions.
We kindly request that you whitelist the following email addresses to ensure the receipt of essential information and notifications:
- social@digitalshoppingmall.net
- enquiries@digitalshoppingmall.net
- partners@digitalshoppingmall.net
Please be advised that the use of services such as BoxBe or any similar email filtering tools is permissible, but only when our specified email addresses are whitelisted. Failure to whitelist these addresses may result in the non-receipt of important updates, announcements, and service-related communications.
By whitelisting the aforementioned email addresses, you contribute to the effective delivery of our services, allowing us to provide you with the best possible user experience. We appreciate your cooperation in ensuring the uninterrupted flow of communications from the Company.
2. Commissions
2.1 Commission Eligibility
Company will pay Partner a commission on all qualified sales generated through Partner's unique links and tracking codes.
2.2 Commission Rate
The commission rate will be a percentage of the net purchase price of each qualified sale.
2.3 Qualified Sales
A "qualified sale" is defined as a sale that is generated through Partner's unique links and tracking codes, completed within the applicable tracking period, and not cancelled or returned.
2.4 Payment Schedule
Commissions will be paid to Partner on a monthly basis, on or around the 15th of the following month.
3. Changes to the Terms
3.1 Modification Rights
Company reserves the right, in its sole discretion, to change these Terms at any time. Updated versions of the Terms will be posted here on our Site and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use our Site, to see if these Terms have changed. Continued use of the Site after any changes to the Terms constitutes your consent to such changes.
4. Errors and Corrections
4.1 Accuracy of Information
While we use reasonable efforts to include accurate and current information on our Site, we do not warrant or represent that the Site will be error-free. Data entry errors or other technical problems may sometimes result in inaccurate information being shown. We reserve the right to correct any inaccuracies or typographical errors on our Site, including pricing and availability of products and services, and shall have no liability for such errors. We may also make improvements and/or changes to the Site's features, functionality, or content at any time. If you see any information or description you believe to be incorrect, please contact us as described in the "Contact Us" section, below, and we will verify it for you.
5. Termination
This Agreement may be terminated by either party upon written notice to the other party.
Company may terminate this Agreement immediately in the event that Partner breaches any of its obligations hereunder.
Upon termination of this Agreement, Partner's right to earn and receive commissions shall immediately cease.
6. Confidentiality
6.1 Confidential Information
Each party agrees to keep confidential all information of the other party that is not publicly known.
6.2 Survival Clause
This obligation of confidentiality shall survive the termination of this Agreement.
7. Independent Contractor
7.1 Relationship
Partner is an independent contractor and not an employee of Company.
7.2 Expenses
Partner is solely responsible for all costs and expenses incurred in connection with its participation in the Partner Program.
8. Disclaimer
8.1 No Warranties
Company makes no representations or warranties, express or implied, with respect to the Partner Program or the products and services offered by Company.
8.2 Limitation of Liability
Company shall not be liable for any damages arising out of or in connection with Partner's participation in the Partner Program.
9. Governing Law
9.1 This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada.
10. Entire Agreement
10.1 This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Contact Us
11.1 If you have any concerns about the Site or these Terms, please send us an e-mail to enquiries@digitalshoppingmall.net. We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.
12. Severability
12.1 If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
13. Refund Policy for Card Payments
Company maintains a fair and transparent refund policy to ensure customer satisfaction while protecting the interests of our partners.
Customers may request a refund within 120 days of purchase for any reason, provided the product or service has not been fully consumed or used.
Refund requests will be evaluated on a case-by-case basis, taking into account the nature of the product or service, the reason for the refund request, and any other relevant factors.
In the event of a refund, the associated commission paid to the Partner for the refunded sale will be deducted from future commission payments.
Partners are prohibited from encouraging customers to abuse the refund policy or make fraudulent refund requests.
Company reserves the right to modify this refund policy at any time, with notice provided to Partners through the email address specified in Section 1.5, Social Media Channels or our own Social Hub.
Disputes regarding refunds will be handled in accordance with the governing law specified in Section 9.
Dated: 05/10/2024