BALAAN (US)

BALAAN (US)

Program Terms

Balaan AWIN Affiliate Network Publisher Terms and Conditions

 

1. Introduction

These Terms and Conditions ("Terms") govern your participation in the Balaan Affiliate Marketing Program (the "Program") offered by Balaan Co., Ltd. ("Balaan," "we," "us," or "our") through the AWIN affiliate network ("AWIN"). By participating in the Program, you, the Affiliate Company ("Affiliate," "you," or "your"), agree to be bound by these Terms. These Terms are in addition to the agreement between you and AWIN ("AWIN Agreement") and do not limit our rights or your obligations under the AWIN Agreement.

 

2. Definitions

  • Balaan Website: Refers to the website operated by Balaan at www.balaan.com.
  • Products: Refers to all products sold on the Balaan Website.
  • Affiliate: Refers to the individual or entity registered with AWIN and approved to participate in the Program.
  • Affiliate Link: Refers to a unique URL provided to you by AWIN, which allows Balaan to track traffic and sales generated from your promotional efforts.
  • Qualifying Action: Refers to a successful sale of a Product through an Affiliate Link, where the order is shipped, delivered, and not canceled, returned, or refunded within 30 days of delivery completion.
  • Commission: Refers to the monetary compensation paid to you for each Qualifying Action.
  • Cookie: Refers to a small text file stored on a user's computer that allows AWIN to track referrals from your website to the Balaan Website.
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3. Affiliate Responsibilities

  • Compliance with Laws: You must comply with all applicable laws and regulations in connection with your participation in the Program.
  • Accurate Information: You must provide accurate and up-to-date information about Balaan and the Products. You must not make any misleading or deceptive statements.
  • Brand Protection: You must not engage in any activity that may harm or negatively impact Balaan's brand image or reputation.
  • Data Privacy: You must comply with all applicable data privacy laws and regulations, including Balaan's Privacy Policy, when collecting and processing any personal data in connection with the Program.
  • Prohibited Activities: The following activities are strictly prohibited:
    • Bidding on Balaan brand keywords, misspellings, or close variations in any online advertising campaigns, including but not limited to search engine marketing.
    • Using Balaan's brand name or trademarks in your domain name, display URL, or social media handles without prior written consent.
    • Copying, distributing, or modifying any content from the Balaan Website without permission.
    • Engaging in any form of spamming or distributing malware.
    • Offering coupons or discounts without Balaan's express written approval.
    • Misrepresenting your relationship with Balaan or implying endorsement by Balaan.
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4. Commission Structure

  • Commission Rate: You will earn a base commission of 6% on the net sales value of all Qualifying Actions.
  • Commission Payment: Commissions will be paid through AWIN according to their payment schedule and terms.
  • Tracking: AWIN will track sales generated through your Affiliate Links using cookies with a 30-day duration.
  • Commission Exclusions: Commissions will not be paid for:
    • Orders canceled, returned, or refunded within 30 days of delivery completion.
    • Orders not tracked through AWIN's system.
    • Orders generated through fraudulent or unethical means.
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5. Balaan's Rights and Responsibilities

  • Modification of Terms: Balaan reserves the right to modify these Terms at any time. Any changes will be communicated to you via AWIN and/or the Balaan Website.
  • Monitoring: Balaan may monitor your promotional activities and terminate your participation in the Program for any violation of these Terms.
  • Promotions: Balaan may offer additional promotions or incentives to Affiliates at its discretion.
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6. Intellectual Property Rights

  • Balaan's Ownership: All intellectual property rights in the Balaan Website and its content belong to Balaan.
  • Limited License: You are granted a non-exclusive, revocable license to use Balaan's trademarks and logos solely for the purpose of promoting the Balaan Website in accordance with these Terms.
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7. Term and Termination

  • Term: These Terms are effective upon your acceptance of Balaan's Offer on the AWIN platform and remain in effect until terminated by either party.
  • Termination: Either party may terminate these Terms at any time with or without cause by providing written notice to the other party through AWIN.   
  • Effect of Termination: Upon termination, you must immediately cease all promotional activities for Balaan. Balaan will pay any outstanding commissions earned up to the date of termination.
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8. Limitation of Liability

  • Disclaimer of Warranties: Balaan makes no warranties, express or implied, regarding the Program or the Balaan Website, including any warranty of merchantability or fitness for a particular purpose.
  • Limitation of Liability: Balaan's liability to you under these Terms shall be limited to the amount of commissions paid to you during the 12 months preceding the date of the claim. Balaan shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to these Terms or the Program.   
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9. Indemnification

You agree to indemnify and hold Balaan harmless from any and all claims, losses, damages, liabilities, costs and expenses (including attorney's fees) arising out of or related to your breach of these Terms or your participation in the Program.   

 

10. Governing Law and Dispute Resolution

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of South Korea.
  • Dispute Resolution: Any dispute arising out of or relating to these Terms shall be settled by arbitration in Seoul, South Korea in accordance with the rules of the Korean Commercial Arbitration Board.
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11. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.   
  • Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck from these Terms and the remaining provisions shall remain in full force and effect.   
  • Waiver: No waiver of any provision of these Terms shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.   
  • Notices: All notices and other communications hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by reputable overnight courier service, addressed as follows:
    • If to Balaan: Balaan Co., Ltd., 217, Teheran-ro, 10F, 06142 Gangnam-gu, Seoul, South Korea
    • If to Affiliate: As provided in your AWIN account information.
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12. Effective Date

These Terms are effective as of December 18, 2024.