Pixie Mood Affiliate Program Terms and Conditions:
Overview:
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Pixie Mood’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your website and the Pixie Mood website. Please note that throughout this Agreement, "we," "us," and "our" refer to Pixie Mood, and "you," "your," and "yours" refer to the affiliate.
1. Application Evaluation
To begin the enrollment process, Pixie Mood will first evaluate your application. We will notify you via email regarding your acceptance or rejection into the Affiliate Program. Please note that you are not eligible to enroll or participate in the Program if your website offers rewards, points, miles, cashback, or other similar incentives to customers. We reserve the right to reject your application for any reason, including but not limited to the following:
- Linking to or containing nudity, pornography, or promoting sexually explicit content.
- Promoting violence, illegal activities, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Containing material that is defamatory, fraudulent, or harassing to Pixie Mood or any third party, at our sole discretion.
- Containing software downloads that may potentially divert commissions from other sites.
2. Acceptance of Application
If your application is accepted by Pixie Mood, the following terms and conditions will govern your participation in the Affiliate Program. By applying, you agree to abide by these terms:
2.1. To begin the enrollment process, you will complete and submit the online application on Awin. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
- a) Promotes violence
- b) Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
- c) Promotes illegal activities
- d) Incorporates any materials which infringe or assist others to infringe on any copyright, trademark, or other intellectual property rights or to violate the law
- e) Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically, or otherwise objectionable to us in our sole discretion.
- f) Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
- g) You may not create or design your website or any other website that you operate, explicitly or implied in a manner that resembles our website nor design your website in a manner that leads customers to believe you are Pixie Mood or any other affiliated business.
3. Tracking and Reporting
- Pixie Mood will authorize the use of AWIN links between your website (“Site”) and our website for accurate tracking, reporting, and referral fee accrual. It is your responsibility to ensure that each link between your Site and Pixie Mood uses the correct format. We will not be liable for any failure to use the links correctly.
4. Product Orders and Transactions
- Pixie Mood will process product orders placed by customers who follow the AWIN links from your Site to our Site. However, we reserve the right to reject or void any orders that do not comply with the requirements set by Pixie Mood.
5. Pricing and Availability
- Product prices and availability may fluctuate over time. While Pixie Mood will make commercially reasonable efforts to provide accurate information, we cannot guarantee the availability or price of any particular product.
6. Responsibility for Site Content
6.1. You are solely responsible for the development, operation, and maintenance of your Site, including all content such as links, banners, product links, and search box ads. It is your responsibility to ensure all content is up-to-date and properly links directly to Pixie Mood.
6.2. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person's copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person's copyrighted material or other intellectual property in violation of the law or any third-party rights.
7. Restrictions on Use of Pixie Mood Name
- Affiliates are not allowed to bid on our trademarks such as Pixie Mood, the co-founder’s names, and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords will be considered trademark violators, and will be banned from Merchant’s Affiliate Program.
- We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our affiliate program without prior notice, and on the first occurrence of such PPC bidding behavior. And without permission from the Affiliate Manager this is considered prohibited.
- Affiliates must not bid on Pixie Mood’s trademarked terms + "term", e.g. "Pixie Mood"or any abbreviation of it, etc.
8. Term of Agreement and Termination
- This Agreement will begin upon Pixie Mood’s acceptance of your application and will remain in effect until terminated by either party. Either party may terminate this Agreement at any time, for any reason, with or without cause, by providing written or electronic notice of termination to the other party.
9. Changes to Terms
- Pixie Mood reserves the right to change or modify the terms and conditions of this Agreement at any time, at our sole discretion. Any changes or modifications will be effective upon posting the revised terms and providing notice of such changes on our Site.
10. Limitations of Liability:
Pixie Mood will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort, strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits or lost business), even if we have been advised of the possibility of such damages. Further, notwithstanding anything to the contrary contained in this agreement, in no event shall ‘pixie mood’ cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.
Thank you for your participation.
