1. Introduction to the Agreement. This is an Agreement between you and Avalon Sunshine. Please read these terms with care. This Agreement outlines the rules and regulations of the affiliate program for Avalon Sunshine. By accepting these Terms and Conditions, you agree that you have read and understood these and agree to be legally responsible for each and every term and condition herein. 2. Definitions“Affiliate” or “Affiliates” are the individuals or entities in the affiliate application that intend to participate in the Affiliate Program and who will legally be bound by the Terms and Conditions herein.“Customers” are the individuals and legal entities that are the end users of Avalon Sunshine products. “Affiliate Program” means the program operated by Avalon Sunshine, to which the Affiliates are enrolled and rewarded in the form of monetary compensation for referring customers. “Affiliate Link” is the personal link from an affiliate participating in the affiliate program, used to track referrals and commissions. The link is located at the affiliate’s website and promotional channels, and when clicked on by a potential customer, it directs to insert company website. “Referral” stands for a potential customer who was led to Avalon Sunshine's website with the use of the affiliate link.“Commission” means the money that an affiliate earns from each referral that converts into a sale.“Abandoned Affiliate Account” means any affiliate account where there are no affiliate referrals posted during a period of 12 months.3. Participation Requirements and Partner ObligationsTo be eligible to join the affiliate program, you must agree to the affiliate program terms and conditions and be at least 18 years old. In the application, you must provide your full name, website address and/or social media links. After signing up for the program, we will review your application. We reserve the right and sole discretion to reject your application, and re-evaluate your application at any point in time. You are only allowed to create and use one affiliate account. You will receive a confirmation of your participation when the application is approved. After approval, you have direct access to your affiliate dashboard and personal referral link.The affiliate’s main role is to operate as a marketing promoter of Avalon Sunshine, and to introduce potential customers to the website www.avalonsunshineHQ.com. The affiliate is allowed to use their affiliate link on their website and social media to refer potential customers to Avalon Sunshine.As a participant in the program, you have the right to market and promote the products and services of Avalon Sunshine. To do this, you may use marketing materials from Avalon Sunshine, or your own creative materials. The affiliate is responsible for keeping company information on their website and in their promotions up to date. For example, if there is a change in pricing or product availability, it's the affiliate’s sole responsibility that information is updated. Please note that Avalon Sunshine ships products the the United States and Canada only. 4. Policies and Prohibited ActivitiesAs a condition to your participation in the affiliate program, you agree that while you are an affiliate at Avalon Sunshine, you will comply with all laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, or other requirements (collectively, “Laws”) of any governmental authority that has jurisdiction over you.This is regardless of whether those Laws are now in effect or later come into effect during the time you are an Affiliate or participating in the affiliate program, including, without limitation, during the application process. Without limiting the foregoing obligation, you agree that as a condition of your participation in the affiliate program, you will comply. This is related to all applicable federal, state, or other Laws that govern marketing email, including without limitation, the e-Privacy Directive, the CAN-SPAM Act of 2003, and all other anti-spam laws.By participating in the program, the affiliate agrees that their website and other promotional channels does not contain or promote:Paid promotions and PPC bidding on the following keywords, and misspellings of these, are not allowed: Avalon Sunshine, Avalon Sunshine Discount, Avalon Sunshine Coupon. It can’t be separate or in combination with other keywords. In order to use any Avalon Sunshine related keywords through paid advertising, you need prior approval of the affiliate manager. We do not work with discount and coupon websites. Coupon codes are not provided to affiliates. Affiliates that display invalid discount codes on their websites or in their promotions will be removed from the affiliate program. Any misleading information to set an affiliate cookie on the potential customer's device is forbidden. This includes any campaigns that aim to mislead the potential customer by representing as Avalon Sunshine.Self-referrals are forbidden. This means you can not refer yourself. You will not receive commission on self-referrals. The affiliate shall act in Avalon Sunshine's interest and in compliance with all relevant and applicable regulations and ethical standards.5. Commissions and PayoutsCommissions are paid to the affiliate for paying customers that were brought to the website with the affiliate link, and made a purchase within 30 days. 30 days is the duration of our affiliate cookie left on the potential customer’s device after clicking the affiliate link. Commissions are paid based on the terms set by ShareASale.?6. Termination of Affiliate Account We may make amendments to the Affiliate Terms and Conditions that do materially adversely affect your benefits under the Program by giving you thirty 30 days’ notice (“Amendment Notice Period”) in advance prior to its effectiveness.Should you disagree with such an amendment, you may terminate this Agreement within the Amendment Notice Period, effective on its expiry by informing us in writing. Avalon Sunshine may terminate your affiliate Agreement or suspend access to the affiliate program with immediate effect and without prior notice in the circumstances of fraud and abuse.7. Limitation of LiabilityAvalon Sunshine provides no warranty or representation regarding the Affiliate Program, its availability, or the accuracy and completeness of the tracking and reporting systems. In no event shall Avalon Sunshine be liable for any indirect, consequential, or special damages arising out of or in connection with the Program, including but not limited to lost profits or loss of business opportunities?
