Eightvape.com and Eightcig.com will hereinafter be referred to as the "websites" and "merchant." The Merchant-Affiliate Agreement is made between the merchant, Eightcig LLC, a Nevada LLC and the affiliates referred to as "affiliate”or "affiliates." The participation in the merchant program implies consent to the Merchant-Affiliate Agreement that is expressed below. This merchant program reserves the right to void payments made to affiliates if one of the condition below is met. 1) Fraudulent Orders- If a sale is suspected of fraud by any means then the merchant reserves the right to void the transaction.2) Non Qualified Lead - The sale was executed based on inaccurate or misleading information and had no relevance to the sale. Sales that are commissioned based on inaccurate or misleading information and did not have a causative benefit for the merchant may not be approved. Non qualified leads may include orders that did not have a direct correlation with the affiliate. The correlation to a sales does not equal causation. 3) Returned Merchandise 4) False Advertising - It is the affiliate's responsibility to promptly update any promotional offer regarding the websites within a reasonable time frame. This primarily concerns coupon websites that are extending false or expired promotional offers regarding the websites and has been commissioned as a result of these conditions.The merchant reserves the right to void any transactions that do not accurately reflect promotional offers or related content of the websites. Sales executed based on information deemed by the merchant as inaccurate, misleading, or otherwise may not be approved by the merchant. If an affiliate has been commissioned based on a promotion that the consumer could not use or did not make a difference in the final sales amount then the merchant has the right to void payment.5) Order Cancellation 6) Shipment Lost in Transit or Not Claimed 7) Duplicate Order8) Incorrect Commission The merchant firmly reserves the right to void payments for any unauthorized sales, leads, and/or clicks via the affiliate links. Affiliates may be removed by the merchant at any time and being approved as an affiliate does not guarantee any payments. Commission percentages regarding affiliates may be changed by the merchant at any time without any notice in advance. The issuance of a commission does not imply that it is authorized, the veracity of a sale will be determined by the merchant. Under any circumstances where the merchant has reasons to believe the Merchant-Affiliate program has been abused , the merchant reserves the right to void any or all of the transactions affiliated with the affiliate. FORCE MAJEURE Neither party shall be liable here under by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party. JURISDICTIONAL ISSUESThis Agreement shall be governed by Nevada, USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state and federal courts in and for the State of Illinois, USA and You consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded. LIMITATION OF LIABILITYThe merchant will not be liable for any payment voided due to a violation the Merchant-Affiliate Agreement. Any loss as a result of agreement breach will not be a liability of the merchant. Any legal or travels fees relating any possible conflict between the merchant and affiliate will occur at the expense of the affiliate.
