Updated 04/15/2021
Please read our affiliate terms and conditions carefully before you join our program or begin marketing our program. These terms and conditions are written in plain language intentionally avoiding legalese to ensure that they may be clearly understood and followed by affiliates. Each Affiliate is responsible for assuring that its employees, agents and contractors comply with these terms and conditions.
The Term of this Agreement will begin upon our acceptance of your Program application and will end when terminated by either party. Either party may terminate this Agreement on written notice at any time, with or without cause.
Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to our site, all Trademarks and logos, together with all other materials provided by or on behalf of PearlMountain in connection with the Program. You will not earn referral fees on Referrals that occur after the Term.
PearlMountain reserves a right to modify or replace these Affiliate terms and conditions at its sole discretion.
DEFINITIONS
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to PearlMountain and our websites; (ii) “you” or “your” refers to the Affiliate; (iii) “our websites” refers to the DesignEvo.com, FlexClip.com, and DesignCap.com; (iv) “your website” refers to any websites that you will link to our websites; (v) “Program” refers to the PearlMountain Affiliate Program.
ENROLLMENT
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. We reserve the right to reject any application or terminate your participation in the Program for any reason, or no reason, in our sole and unlimited discretion.
However we encourage you to contact us if you feel we have made an incorrect decision. Including all of the websites that you use in your profile will help us make a better decision.
WEBSITE RESTRICTIONS
Your participating website(s) may not:
1.Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
2.Violate any law, rule or regulation.
3.Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
4.Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.
5.Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate commissions from another website.
LINKING TO OUR WEBSITE
Upon acceptance into the Program, links will be made available to you through the affiliate interface. Your acceptance in our program means you agree to and abide by the following.
1.You will only use linking code obtained from the affiliate interface without manipulation.
2.All domains that use your affiliate link must be listed in your affiliate profile.
3.Your Website will not in any way copy, resemble, or mirror the look and feel of our Website. You will also not use any means to create the impression that your Website is our Website or any part of our Website including, without limitation, framing of our Website in any manner.
4.You may not engage in cookie stuffing or include pop-ups, false or misleading links on your website. In addition, wherever possible, you will not attempt to mask the referring url information (i.e. the page from where the click is originating.
5.Using redirects to bounce a click off of a domain from which the click did not originate in order to give the appearance that it came from that domain is prohibited.
If you are found redirecting links to hide or manipulate their original source, your current and past commissions will be voided or your commission level will be set to 0%. This does not include using “out” redirects from the same domain where the affiliate link is placed.
PPC GUIDELINES
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
1.You may not bid on any of our trademarked terms (including but not limited to PearlMountain, FlexClip, DesignEvo, DesignCap, etc.), including any variations or misspellings thereof for search or content based campaigns on Google, MSN, Yahoo, Facebook or any other network but it's OK to bid on all other keywords, such as key features, coupons etc.
2.When an affiliate chooses to implement PPC for sales promotion, the PPC cost is on the affiliate, but not on PearlMountain.
3.You may not bid in any manner appearing higher than PearlMountain for any search term in position 1-5 in any auction style pay-per-click advertising program.
If you automate your PPC campaigns, it is your responsibility to exclude our trademarked terms from your program and we strongly suggest you add our trademarked terms as negative keywords. We have a strict no tolerance policy on PPC trademark bidding. You will forfeit all commissions for a minimum of the past 30 days and your commission will be set to 0% without warning if you engage in PPC trademark bidding that uses our trademarked terms.
COUPON GUIDELINES
If you are enrolled in our Program and your Website promotes coupon codes, you must adhere to our Coupon Guidelines as follows:
1.You may ONLY advertise coupon codes that are provided to you through the affiliate program.
2.Posting any information about how to work around the requirements of a coupon/promotion (ie first time customers only) will result in removal from the program.
3.Coupons must be displayed in their entirety with the full offer, valid expiration date and code.
4.You may NOT give the appearance that any ongoing offer requires clicking from your website in order to redeem. For example, if we are running a 20% off sale, you may not turn this into an offer that infers that the customer must click from your site to get this deal.
SUB-AFFILIATE NETWORKS
Promoting PearlMountain Program through a sub-affiliate network is permitted, however you must be completely transparent with regards to where traffic from your sub-affiliates originated. Sub-affiliate networks must ensure that all sub-affiliates promoting the PearlMountain program adhere to our program terms and conditions. This includes restrictions on advertising through toolbars, browser extensions, and through any paid placements such as a pay-per-click campaigns. Sub-affiliate networks must also receive approval prior to allowing any type of coupon sub-affiliate to promote the PearlMountain program.
Failure to comply with our sub-affiliate network terms may result in a loss and/or reduction of commission from sales made through any sub-affiliate that does not comply with our program terms.
DOMAIN NAMES
Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited.
SOCIAL MEDIA
Promotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
1.You ARE allowed to promote offers to your own lists; more specifically, you’re welcome to use your affiliate links on your own Facebook, Twitter, etc. pages.
2.You ARE PROHIBITED from posting your affiliate links on PearlMountain websites’ Facebook, Twitter, Pinterest, etc. company pages in an attempt to turn those links into affiliate sales.
3.You ARE PROHIBITED from creating a social media account that includes PearlMountain websites’ trademark in the page name and/or username.
REVERSAL & COMMUNICATION POLICY
We reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in these terms and conditions.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be in violation of our terms and conditions, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
1.You are not forthcoming, intentionally vague or are found to be lying.
2.You are not responsive within a reasonable time period and after multiple attempts to contact with information listed in your network profile.
3.You cannot substantiate or validate the source of your traffic to our program with clear and demonstrable proof.
If any of the above apply, then we reserve the absolute right to reverse orders, set your commission to 0% or suspend you from the program for the period or orders in question. We know that many violations are a result of automated processes; however it is incumbent upon each affiliate to ensure that it has the appropriate checks and balances in place to pro-actively address these issues and adhere to our program rules.
MISCELLANEOUS
This Agreement shall be governed by the laws of Hong Kong, China, without any regard to the conflict of laws. The parties to this Agreement shall consent to the non-exclusive jurisdiction of the competent courts in Hong Kong with regard to all disputes that may not be amicably resolved through mutual negotiations. If you are conducting business in or taking orders from persons in other countries, you will follow the laws of those countries.
Copyright © 2021 PearlMountain. All Rights Reserved.
