mychway online
Program Terms
myChway Affiliate Program Terms & Conditions
This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between myChway, ("us" or "we") and you, regarding your application to and participation in the myChway Affiliate Program (the "Program") as an affiliate of myChway ("you" or "Affiliate"), and the establishment of links from Affiliate's social media accounts to our website, www.mychway.online (the "myChway Site").
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM
To participate in the Program, you must be at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your country of legal residence. Employees of myChway and/or any of its subsidiaries, affiliates, or related companies are not eligible to participate.
2. DEFINITIONS
"Affiliate" shall mean the individual applying to or participating in the Program by displaying myChway' products on the social media accounts owned or controlled by Affiliate, including but not limited to, Instagram, Facebook, TikTok, YouTube or blog (individually and collectively, "Affiliate's Social Platform"), using an affiliate tracking link (the "Link" defined below) in exchange for receiving a Referral Fee from myChway for sales directly resulting from such display.
"Referral Fees" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to myChway, pursuant to the terms of this Agreement.
"Link" shall mean a unique tracking link provided by myChway to Affiliate for Affiliate's use and posting on Affiliate's Social Platform in connection with a Post.
"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showcasing the Product and subject to the terms of this Agreement.
"Product" shall mean product available for purchase from the myChway Site. Affiliate is solely responsible for acquiring (by purchase, borrow with affiliate manager approval from myChway) any such Product; however, from time to time, myChway may gift Product to Affiliate as determined in its sole discretion.
"Qualified Purchase" shall mean a sale of myChway' Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the myChway Site.
"Referred Customer" shall mean each new customer referred to the myChway Site from Affiliate through a Link, that provides valid account and billing information and completes a Qualified Purchase.
3. ENROLLMENT IN THE PROGRAM
(a) To begin the enrollment process, Affiliate must submit a completed Program application.
(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Affiliate is accepted into the Program, Affiliate shall notify myChway in writing of any significant changes to the content or structure of Affiliate's Social Platform within five (5) days of such change(s).
(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by myChway solely in its discretion. If you are accepted into the Program, myChway expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. myChway further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.
4. LINKS
Affiliate shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.
5. POSTS
The Post: (i) must depict only Affiliate and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and Affiliate has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (ii) must depict Affiliate and/or the Permitted Third Party wearing Product(s); (iii) must tag and mention in captions @mychway_online and must include the required hashtag #mychway in a clear and conspicuous manner (for example, in an Instagram Post, it must appear "above the fold" within the first three (3) lines of the post or superimposed in a story); (iv) may not mention, reference or show any brand that is competitive to myChway; (v) must not defame, misrepresent or disparage myChway, its business, products or brands, or any third party brands, products or services competitive to myChway and/or its business, products or brands; (vi) must reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences with myChway and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (vii) shall be Affiliate's own original work, created solely by Affiliate, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (viii) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.
6. IRREGULARITIES
(i) It is not allowed to use myChway logo as the profile picture and write myChway in the bio in the name of myChway official (for SNS publishers and publishers using app promotion). (ii) Follow the SNS social network promotion specifications. It is not allowed to use the official account of myChway, and it is not allowed to use related gifts named with myChway (except for those authorized separately). (iii) Please follow APP usage rules. Not allow upload myChway IOS and Android installation packages in the App Store, which will confuses users because of appearance of myChway official at the same time. (iv) It is not allowed to use false promotional advertisements other than myChway. Such as,exaggerate discounts, false copywriting and so on. Please pay attention to the change of discounts on our sites, and modify your promotional copywriting immediately. Otherwise, you will be responsible for the loss.
7. BRAND BIDDING/ABNORMAL TRAFFIC
(i) Any paid advertising requiring the addition of keywords (including contextual and targeted) prohibits the use of the myChway trademark name, as well as all derivatives (including case-sensitive, typos, transcriptions, and errors when changing the language layout: myChway , shane, myChway and similar variations). It is also forbidden to use the myChway brand name as a keyword in combination with another word: myChway to buy, myChway news, a review on myChway, myChway website and any other similar options. It is also not permitted to use the advertiser’s company name in his link , heading or advertising text of the advertisement. (ii) Our affiliates are allowed to use our TM (myChway)+coupon/code for bidding, it must be an exact match .While TM directly or TM+any other keywords (like myChway review) are forbidden for sure. (iii) Abnormal traffic: We don’t allow publishers to buy lots of spam traffic to pull down our conversion rate. We don't allow publishers to use fraudulent ways to increase sales.
8. PUNISHMENT
Affiliate represents, warrants and agrees that it shall abide by all of the foregoing, as well as all applicable laws, rules and regulations, including the Federal Trade Commission's Endorsement Guides ("FTC Guides"), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines, Terms of Use and other applicable policies of the social media platform used by Affiliate for its Post(s).
We reserve the right to withhold Referral Fees and/or deactivate your Link and/or terminate your affiliate relationship with us if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to:
(i) In irregularities of article above, we will inform you to remove illegal account immediately. If you repeatedly violate the rules, the commission you have generated won’t be paid, and our partnership will end. (ii) In irregularities of brand bidding above, if we found any TM infringement during your promotion, the commission you have generated won’t be paid and will be withdrew.
Brand bidding for the first time, we will deduct your 50% commisson,
Brand bidding for the second time, we will deduct your 100% commission. Brand bidding for the third time, we will stop collaboration with you any more.
(iii) In irregularities of Abnormal traffic above, we will inform your remove spam traffic and optimize your traffic as soon possible, or we will stop collaboration with you. For using fraudulent ways to increase sales amount, we won’t pay any commission and stop collaboration with you immediately.
myChway reserves all rights for final interpretation for this policy.
9. ORDER PROCESSING
myChway will process orders placed by Referred Customers who follow the Link from Affiliate's Social Platform to the myChway Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including myChway' cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Link, at our discretion either directly or via a third party vendor, and we will make this information available to you through the myChway' Site. To permit accurate tracking, reporting and Referral Fee accrual, you must ensure that the Link between Affiliate's Social Platform accounts and the myChway Site are properly formatted. We shall not be responsible for improperly formatted Links.
10. REFERRAL FEE DETERMINATION; QUALIFIED PURCHASES
(a) We will pay Affiliate a Referral Fee based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.
(b) The Referral Fee amount and structure shall be determined by the method of payment selected by Affiliate in its Program application. If Affiliate selected payment through PayPal, the Referral Fee shall be in an amount equal to five percent (15%) for each Qualified Purchase, unless the Affiliate falls into the Tiered Referral Category, or otherwise agreed between the parties in writing.
(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (ii) a purchase that myChway suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; or (iii) a purchase made by Affiliate through its own Affiliate Link.
(d) We reserve the right to withhold payment of Referral Fees to an Affiliate who has Referral Fees that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.
(e) We reserve the right to suspend the payment of Referral Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Referral Fees any and all Referral Fees corresponding to any fraudulent, questionable or cancelled purchases.
(f) We reserve the right to immediately cancel or withhold for later review any Referral Fees that fail to meet the criteria of a "Qualified Purchase".
(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Referral Fees to intentionally defraud myChway or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Referral Fees due to the Affiliate.
11. ACCRUAL AND PAYMENT OF REFERRAL FEES
(a) Referral Fees will be paid the first business day of each month from the Qualified Purchases associated therewith.
(b) Payment of Referral Fees will be made through ShareASale Monthly Direct Payments. If the affiliate does not have a USA bank account, we will pay through PayPal. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Referral Fees. There is a 7 day waiting period to process payment for transactions, meaning each transaction will be approved after 7 days of processing.
(c) We reserve the right, in our discretion, to change or modify the available referral fee payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the myChway Site.
(d) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.
(e) We do not make any guarantee of a minimum amount of Qualified Purchases or that Affiliate will earn any amount of Referral Fee under this Agreement.
12. REPORTS OF QUALIFIED PURCHASES
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Referral Fees may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Referral Fee, Affiliate must file a written report of such dispute with myChway by email within ten (10) days after the subject Referral Fee is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Referral Fee.
13. POLICIES AND PRICING
Referred Customers who buy products through the Program will be deemed to be customers of myChway. Accordingly, all myChway Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the myChway Site. We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display myChway price information on Affiliate's Post. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.
14. LIMITED LICENSE FOR USE OF MYCHWAY MYCHWAY LOGOS/TRADEMARKS
We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the myChway Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.
15. OWNERSHIP
As between Affiliate and myChway, myChway shall own all right, title and interest, including all Intellectual Property Rights, in and to the myChway Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
16. LICENSE TO USE OF POSTS AND AFFILIATE'S IMAGE
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, and without additional compensation, notice, review or approval.
17. RESPONSIBILITY FOR AFFILIATE'S SOCIAL PLATFORM
Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.
18. INDEMNITY
Affiliate shall defend, indemnify and hold myChway and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Affiliate's breach of this Agreement or gross negligence.
19. TERM AND TERMINATION
(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.
(b) myChway expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.
(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links and Program related content from Affiliate's Social Platform. Affiliate is only eligible to earn Referral Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by myChway, Affiliate agrees to promptly remit such excess payment upon notification by myChway. myChway may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and Sections 12, 13, 15 and 18 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.
20. MODIFICATION
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the myChway Site. Modifications may include, but are not limited to, changes in the scope of available Referral Fees, Referral Fee amounts or percentages, payment procedures, Referral Fee payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.
21. INDEPENDENT CONTRACTOR RELATIONSHIP
For purposes of this Agreement, Affiliate will NOT be considered an agent, employee or representative of myChway and shall remain in all respects an independent contractor. Affiliate agrees that Affiliate is not an employee and has no expectation of becoming an employee or agent of myChway. while this Agreement is in effect or at any other time. You will have no authority to make or accept any offers or representations on our behalf. Affiliate has no authority to act for or on behalf of myChway or to bind myChway in any legal contracts. Affiliate agrees to comply with all federal, state, and local tax laws applicable to the operation of Affiliate's business, including, but not limited to, the reporting of all gross receipts therefrom as income from the operation of a business, the timely payment of income tax (including any estimated tax), the timely payment of all self-employment taxes, compliance with all employment tax requirements for withholding on any employees or subcontractors used by Affiliate, and compliance with state employment and workers' compensation laws.
22. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT MYCHWAY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
23. DISCLAIMER OF WARRANTY
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. MYCHWAY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, MYCHWAY MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. MYCHWAY FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE MYCHWAY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
24. MISCELLANEOUS
(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliate's application, in the case of Affiliate, and the postal and/or email address, as applicable, set forth below for myChway. This provision shall not apply to Section 17, "Modifications."
RM 1005 10/F, 2-16 Fa Yuen St., Mong Kok, Kowloon, Hong Kong
Attn: Ryan He
Email: support@mychway.online
(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.
25. CONFIDENTIALITY
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, myChway pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.
This Affiliate Agreement (the "Agreement") contains the complete terms and conditions between myChway, ("us" or "we") and you, regarding your application to and participation in the myChway Affiliate Program (the "Program") as an affiliate of myChway ("you" or "Affiliate"), and the establishment of links from Affiliate's social media accounts to our website, www.mychway.online (the "myChway Site").
BY SUBMITTING AN APPLICATION TO JOIN OR BY PARTICIPATING IN THE PROGRAM, YOU ARE CONFIRMING THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.
1. ELIGIBILITY TO PARTICIPATE IN THE PROGRAM
To participate in the Program, you must be at least eighteen (18) years of age or older (or the age of majority, whichever is greater) in your country of legal residence. Employees of myChway and/or any of its subsidiaries, affiliates, or related companies are not eligible to participate.
2. DEFINITIONS
"Affiliate" shall mean the individual applying to or participating in the Program by displaying myChway' products on the social media accounts owned or controlled by Affiliate, including but not limited to, Instagram, Facebook, TikTok, YouTube or blog (individually and collectively, "Affiliate's Social Platform"), using an affiliate tracking link (the "Link" defined below) in exchange for receiving a Referral Fee from myChway for sales directly resulting from such display.
"Referral Fees" shall mean the amount Affiliate will be paid for each Qualified Purchase by a Referred Customer that Affiliate refers to myChway, pursuant to the terms of this Agreement.
"Link" shall mean a unique tracking link provided by myChway to Affiliate for Affiliate's use and posting on Affiliate's Social Platform in connection with a Post.
"Post" shall mean a post, story, tweet, video or blog, as applicable, made by Affiliate on Affiliate's Social Platform, showcasing the Product and subject to the terms of this Agreement.
"Product" shall mean product available for purchase from the myChway Site. Affiliate is solely responsible for acquiring (by purchase, borrow with affiliate manager approval from myChway) any such Product; however, from time to time, myChway may gift Product to Affiliate as determined in its sole discretion.
"Qualified Purchase" shall mean a sale of myChway' Product(s) to a Referred Customer. For sake of clarity, a Qualified Purchase shall only include a sale of Product to a Referred Customer at its full retail price or subject to a discount code or price reduction that is applicable to all or a general category of items on the myChway Site.
"Referred Customer" shall mean each new customer referred to the myChway Site from Affiliate through a Link, that provides valid account and billing information and completes a Qualified Purchase.
3. ENROLLMENT IN THE PROGRAM
(a) To begin the enrollment process, Affiliate must submit a completed Program application.
(b) We will evaluate your application and notify you in a timely manner if the application is accepted or rejected. We may reject Affiliate's application for any reason, in our sole discretion, including if we determine that Affiliate's Social Platform is unsuitable for the Program. Unsuitability includes, without limitation, illegal, offensive, infringing content or content that we otherwise deem offensive. If Affiliate is accepted into the Program, Affiliate shall notify myChway in writing of any significant changes to the content or structure of Affiliate's Social Platform within five (5) days of such change(s).
(c) For sake of clarity, submitting an application does not guarantee your acceptance into the Program. Applicants accepted into the Program will be determined by myChway solely in its discretion. If you are accepted into the Program, myChway expressly reserves the right to suspend or terminate your participation as an Affiliate and/or deactivate your Link, for any or no reason, with or without cause, at any time in its discretion. In the event of any such suspension, termination or deactivation, you will be notified by us in writing. myChway further expressly reserves the right to modify, suspend or terminate the Program, and/or modify its Terms and Conditions, in whole or in part, at any time in its discretion, for any or no reason, and without notice to Affiliate.
4. LINKS
Affiliate shall not modify the Link in any way. We will not be responsible for errors that occur in the tracking of transactions if Affiliate has made or caused any such modification.
5. POSTS
The Post: (i) must depict only Affiliate and no other person, unless such other person is at least eighteen (18) years of age or older (or the age of majority, whichever is greater) and Affiliate has obtained the consent of such person to be depicted in the Post (the "Permitted Third Party"); (ii) must depict Affiliate and/or the Permitted Third Party wearing Product(s); (iii) must tag and mention in captions @mychway_online and must include the required hashtag #mychway in a clear and conspicuous manner (for example, in an Instagram Post, it must appear "above the fold" within the first three (3) lines of the post or superimposed in a story); (iv) may not mention, reference or show any brand that is competitive to myChway; (v) must not defame, misrepresent or disparage myChway, its business, products or brands, or any third party brands, products or services competitive to myChway and/or its business, products or brands; (vi) must reflect Affiliate's actual, honest opinions, findings, beliefs, or experiences with myChway and its business and products and will not contain any statements or representations about Company or its business and products which are not true or that is misleading or deceptive; (vii) shall be Affiliate's own original work, created solely by Affiliate, and will not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (viii) shall not contain or reference content which is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, or otherwise illegal, offensive or inappropriate in any way.
6. IRREGULARITIES
(i) It is not allowed to use myChway logo as the profile picture and write myChway in the bio in the name of myChway official (for SNS publishers and publishers using app promotion). (ii) Follow the SNS social network promotion specifications. It is not allowed to use the official account of myChway, and it is not allowed to use related gifts named with myChway (except for those authorized separately). (iii) Please follow APP usage rules. Not allow upload myChway IOS and Android installation packages in the App Store, which will confuses users because of appearance of myChway official at the same time. (iv) It is not allowed to use false promotional advertisements other than myChway. Such as,exaggerate discounts, false copywriting and so on. Please pay attention to the change of discounts on our sites, and modify your promotional copywriting immediately. Otherwise, you will be responsible for the loss.
7. BRAND BIDDING/ABNORMAL TRAFFIC
(i) Any paid advertising requiring the addition of keywords (including contextual and targeted) prohibits the use of the myChway trademark name, as well as all derivatives (including case-sensitive, typos, transcriptions, and errors when changing the language layout: myChway , shane, myChway and similar variations). It is also forbidden to use the myChway brand name as a keyword in combination with another word: myChway to buy, myChway news, a review on myChway, myChway website and any other similar options. It is also not permitted to use the advertiser’s company name in his link , heading or advertising text of the advertisement. (ii) Our affiliates are allowed to use our TM (myChway)+coupon/code for bidding, it must be an exact match .While TM directly or TM+any other keywords (like myChway review) are forbidden for sure. (iii) Abnormal traffic: We don’t allow publishers to buy lots of spam traffic to pull down our conversion rate. We don't allow publishers to use fraudulent ways to increase sales.
8. PUNISHMENT
Affiliate represents, warrants and agrees that it shall abide by all of the foregoing, as well as all applicable laws, rules and regulations, including the Federal Trade Commission's Endorsement Guides ("FTC Guides"), which require that material connections between advertisers and endorsers be disclosed, as well as the Community Guidelines, Terms of Use and other applicable policies of the social media platform used by Affiliate for its Post(s).
We reserve the right to withhold Referral Fees and/or deactivate your Link and/or terminate your affiliate relationship with us if we determine, in our sole discretion, that you are not in compliance with any of the foregoing, including but not limited to:
(i) In irregularities of article above, we will inform you to remove illegal account immediately. If you repeatedly violate the rules, the commission you have generated won’t be paid, and our partnership will end. (ii) In irregularities of brand bidding above, if we found any TM infringement during your promotion, the commission you have generated won’t be paid and will be withdrew.
Brand bidding for the first time, we will deduct your 50% commisson,
Brand bidding for the second time, we will deduct your 100% commission. Brand bidding for the third time, we will stop collaboration with you any more.
(iii) In irregularities of Abnormal traffic above, we will inform your remove spam traffic and optimize your traffic as soon possible, or we will stop collaboration with you. For using fraudulent ways to increase sales amount, we won’t pay any commission and stop collaboration with you immediately.
myChway reserves all rights for final interpretation for this policy.
9. ORDER PROCESSING
myChway will process orders placed by Referred Customers who follow the Link from Affiliate's Social Platform to the myChway Site. We reserve the right, in our discretion, to reject orders that do not comply with certain requirements that we may establish from time to time. All aspects of order processing and fulfillment, including myChway' cancellation, processing, refunds, customer service and payment processing, will be our responsibility. We will track the Qualified Purchases generated by your Affiliate Link, at our discretion either directly or via a third party vendor, and we will make this information available to you through the myChway' Site. To permit accurate tracking, reporting and Referral Fee accrual, you must ensure that the Link between Affiliate's Social Platform accounts and the myChway Site are properly formatted. We shall not be responsible for improperly formatted Links.
10. REFERRAL FEE DETERMINATION; QUALIFIED PURCHASES
(a) We will pay Affiliate a Referral Fee based on the number of Qualified Purchases generated by the Link on Affiliate's Social Platform.
(b) The Referral Fee amount and structure shall be determined by the method of payment selected by Affiliate in its Program application. If Affiliate selected payment through PayPal, the Referral Fee shall be in an amount equal to five percent (15%) for each Qualified Purchase, unless the Affiliate falls into the Tiered Referral Category, or otherwise agreed between the parties in writing.
(c) A "Qualified Purchase" will not include: (i) a purchase that was completed prior to the Affiliate joining the Program or was not tracked properly through an Affiliate Link; (ii) a purchase that myChway suspects, in its sole discretion, is the result of fraud, which shall include but is not limited to, the use of software that generates real and fictitious information, multiple accounts from the same customer, or the referral of accounts that do not comply with this Agreement; or (iii) a purchase made by Affiliate through its own Affiliate Link.
(d) We reserve the right to withhold payment of Referral Fees to an Affiliate who has Referral Fees that are potentially fraudulent as determined by us in our sole discretion, to determine the legitimacy of the Referred Customers.
(e) We reserve the right to suspend the payment of Referral Fees at any time and indefinitely, if we suspect fraud or other improper activity or a potential breach of any of the terms of this Agreement by the Affiliate or a Referred Customer. We reserve the right to deduct from Affiliate's current and future Referral Fees any and all Referral Fees corresponding to any fraudulent, questionable or cancelled purchases.
(f) We reserve the right to immediately cancel or withhold for later review any Referral Fees that fail to meet the criteria of a "Qualified Purchase".
(g) Any attempt by Affiliate to manipulate, falsify or inflate Referred Customers, Qualified Purchases or Referral Fees to intentionally defraud myChway or any violation of the terms of this Agreement constitutes immediate grounds for us to terminate your participation in the Program and will result in the forfeiture of any Referral Fees due to the Affiliate.
11. ACCRUAL AND PAYMENT OF REFERRAL FEES
(a) Referral Fees will be paid the first business day of each month from the Qualified Purchases associated therewith.
(b) Payment of Referral Fees will be made through ShareASale Monthly Direct Payments. If the affiliate does not have a USA bank account, we will pay through PayPal. We are not responsible for paying any third party fees charged by PayPal in order for you to receive your Referral Fees. There is a 7 day waiting period to process payment for transactions, meaning each transaction will be approved after 7 days of processing.
(c) We reserve the right, in our discretion, to change or modify the available referral fee payment methods or payment schedule at any time. You will be notified by us of any such changes, which shall take effect when posted on the myChway Site.
(d) Affiliate acknowledges and agrees that we may fulfill our payment obligations under this Agreement through a third party service or vendor.
(e) We do not make any guarantee of a minimum amount of Qualified Purchases or that Affiliate will earn any amount of Referral Fee under this Agreement.
12. REPORTS OF QUALIFIED PURCHASES
You may log into your affiliate console to review your click through and potential Qualified Purchases statistics on a daily basis. The potential Qualified Purchases shown in this report have not been reviewed to confirm they meet all criteria for Qualified Purchases and, as such, Referral Fees may not be issued for all Referred Customers that appear in the affiliate console. In the event that Affiliate disputes a Qualified Purchase and/or Referral Fee, Affiliate must file a written report of such dispute with myChway by email within ten (10) days after the subject Referral Fee is made and/or would otherwise have been due. Affiliate's failure to file a timely dispute shall result in forfeiture of Affiliate's right to dispute the subject Referral Fee.
13. POLICIES AND PRICING
Referred Customers who buy products through the Program will be deemed to be customers of myChway. Accordingly, all myChway Site terms, policies, and procedures concerning customer orders, customer service, and product sales will apply to such customers with respect to their transactions at the myChway Site. We may change our terms, policies and procedures at any time consistent with applicable laws. Since prices and availability may vary from time to time, Affiliate may not display myChway price information on Affiliate's Post. We will use commercially reasonable efforts to present current and accurate information, but we cannot guarantee the availability or price of any particular product.
14. LIMITED LICENSE FOR USE OF MYCHWAY MYCHWAY LOGOS/TRADEMARKS
We grant to Affiliate a limited, non-exclusive, non-transferable, revocable license to use and display the Links, to access the myChway Site through the Links and to use our trademark and logos solely in accordance with the terms of this Agreement, and only during the Term of this Agreement.
15. OWNERSHIP
As between Affiliate and myChway, myChway shall own all right, title and interest, including all Intellectual Property Rights, in and to the myChway Site, the Program and the Links. For the purposes of this Agreement, "Intellectual Property Rights" means copyright rights, trademark rights, patent rights, trade secrets, moral rights, right of publicity, authors' rights, contract and licensing rights, goodwill and all other intellectual property rights as may exist now and/or hereafter come into existence and all renewals and extensions thereof, regardless of whether such rights arise under the laws of the United States or any other state, country or jurisdiction.
16. LICENSE TO USE OF POSTS AND AFFILIATE'S IMAGE
We agree that you shall retain ownership rights to your Posts and you hereby grant us the perpetual, worldwide, royalty-free right and license to publish, copy, re-post, link to or otherwise use your Posts, your Social Platform handle, your name, and your image and likeness as depicted in a Post, in whole or in part, for any purposes in our discretion, in any and all mediums, without limitation, and without additional compensation, notice, review or approval.
17. RESPONSIBILITY FOR AFFILIATE'S SOCIAL PLATFORM
Affiliate will be solely responsible for all content that appears on Affiliate's Social Platform. Such responsibility includes, without limitation: (i) the accuracy, timeliness and appropriateness of content posted on or to Affiliate's Social Platform; (ii) ensuring that posted materials do not violate or infringe upon the rights of any third party; and (iii) ensuring that posted content is not libelous or otherwise illegal.
18. INDEMNITY
Affiliate shall defend, indemnify and hold myChway and its officers, directors and employees harmless from all claims, damages, and expenses (including, without limitation, reasonable attorneys' fees) relating to Affiliate's breach of this Agreement or gross negligence.
19. TERM AND TERMINATION
(a) The term of this Agreement will begin upon our acceptance of Affiliate's application into the Program and will end when terminated by either party (the "Term"). Either party may terminate this Agreement at any time, with or without cause, by giving the other party prior written notice by email.
(b) myChway expressly reserves all rights to terminate the Program, in whole or in part, at any time for any or no reason, as determined in its sole discretion, by giving Affiliate written notice by email.
(c) Upon termination of this Agreement, Affiliate shall promptly remove all Links and Program related content from Affiliate's Social Platform. Affiliate is only eligible to earn Referral Fees on Qualified Purchases occurring during the Term (including all steps required for a transaction to be a Qualified Purchase under this Agreement. In the event that an overpayment is made by myChway, Affiliate agrees to promptly remit such excess payment upon notification by myChway. myChway may withhold Affiliate's final payment for a reasonable time to ensure that the correct amount is paid. The definitions contained in this Agreement and Sections 12, 13, 15 and 18 through 22, shall survive the termination of this Agreement, along with any other provisions that by their express terms do, or by their nature should, survive.
20. MODIFICATION
We may modify this Agreement at any time in our sole discretion; provided that the change shall solely apply to events occurring after the date on which you accept and agree to such modifications unless you otherwise agree herein. Such modifications shall take effect when posted on the myChway Site. Modifications may include, but are not limited to, changes in the scope of available Referral Fees, Referral Fee amounts or percentages, payment procedures, Referral Fee payment schedules, and Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement, in which event you shall be entitled to your rights under the unmodified Agreement prior to the date of the applicable modification. Your continued participation in the Program following our posting of any modification on our website will constitute binding acceptance of the change.
21. INDEPENDENT CONTRACTOR RELATIONSHIP
For purposes of this Agreement, Affiliate will NOT be considered an agent, employee or representative of myChway and shall remain in all respects an independent contractor. Affiliate agrees that Affiliate is not an employee and has no expectation of becoming an employee or agent of myChway. while this Agreement is in effect or at any other time. You will have no authority to make or accept any offers or representations on our behalf. Affiliate has no authority to act for or on behalf of myChway or to bind myChway in any legal contracts. Affiliate agrees to comply with all federal, state, and local tax laws applicable to the operation of Affiliate's business, including, but not limited to, the reporting of all gross receipts therefrom as income from the operation of a business, the timely payment of income tax (including any estimated tax), the timely payment of all self-employment taxes, compliance with all employment tax requirements for withholding on any employees or subcontractors used by Affiliate, and compliance with state employment and workers' compensation laws.
22. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT MYCHWAY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR PARTICIPATION IN OR INABILTIY TO PARTICIPATE IN THE PROGRAM (HOWEVER ARISING, AND REGARDLESS OF THE THEORY OF RECOVERY), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR TOTAL LIABILITY TO AFFILIATE ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT AND THE PROGRAM WILL NOT EXCEED THE TOTAL REFERRAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY.
23. DISCLAIMER OF WARRANTY
THE PROGRAM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND. MYCHWAY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, WITH RESPECT TO THE PROGRAM OR ANY PRODUCTS SOLD THROUGH THE PROGRAM (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, OR ANY IMPLIED WARRANTIES ARISING OUT OF A COURSE OF PERFORMANCE, DEALING, OR TRADE USAGE). IN ADDITION, MYCHWAY MAKES AND GIVES NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT THE PROGRAM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. MYCHWAY FURTHER MAKES NO REPRESENTATION THAT THE OPERATION OF THE MYCHWAY SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND WE WILL NOT BE LIABLE FOR ANY SUCH INTERRUPTIONS OR ERRORS.
24. MISCELLANEOUS
(a) Any notice provided for or permitted under this Agreement will be treated as having been given when (i) delivered personally, (ii) sent by email; (iii) sent by nationally recognized commercial overnight courier with written verification or receipt; or (iv) mailed postage prepaid by certified or registered mail, return receipt requested, to the party to be notified, at the address set forth on Affiliate's application, in the case of Affiliate, and the postal and/or email address, as applicable, set forth below for myChway. This provision shall not apply to Section 17, "Modifications."
RM 1005 10/F, 2-16 Fa Yuen St., Mong Kok, Kowloon, Hong Kong
Attn: Ryan He
Email: support@mychway.online
(b) If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not impair, affect or render invalid or unenforceable any other provision of this Agreement, and such invalid or unenforceable provision shall be replaced by a provision that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable provisions.
25. CONFIDENTIALITY
Each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, myChway pricing and sales information, shall remain strictly confidential and shall not be utilized for any purpose outside the terms of this Agreement except and solely to the extent that any such information is (a) already lawfully known to or independently developed by the receiving party, (b) disclosed in published materials, (c) generally known to the public, or (d) lawfully obtained from any third party any obligation of confidentiality to the discloser hereunder. Notwithstanding the foregoing, each party is hereby authorized to deliver a copy of any such information (a) to any person pursuant to a valid subpoena or order issued by any court or administrative agency of competent jurisdiction, (b) to its accountants, attorneys, or other agents on a confidential basis, and (c) otherwise as required by applicable law, rule, regulation, or legal process.
26. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the parties relating to this subject matter and supersedes all prior or simultaneous representations, discussions, negotiations and agreement, whether written or oral.