AFFILIATE PROGRAM TERMS AND CONDITIONS AGREEMENT
Thank you for exploring our affiliate program and applying as an affiliate with GOBI. Like a lot of other business activities, we've developed a basic set of terms and conditions that outlined various expectations of our program. By filling out the signup form you acknowledge that you have read the terms and conditions, understand, and agree with them.
1. DEFINITION
As used in these terms and conditions: (i) “We”, “us”, or “our” refers to Gobi/GOBI and our website; (ii) “you” or “your” refers to the Affiliate; (iii) “our website” refers to the Gobi properties located at www.us.Gobicashmere.com; (iv) “your website” refers to any websites that you will link to our website; (v) “Program” refers to the Gobi Cashmere Affiliate Program.
2. ENROLLMENT
By submitting an application to enroll in our affiliate program you acknowledge you have read the terms and conditions, understand and accept them. Your participation in the program is solely for this purpose: to legally advertise our website and products to receive a commission on products purchased by your referred individuals.
After receiving your application, we will review your website and notify you of your acceptance or rejection into our Program. Please allow up 48 hours for your application to be reviewed. We reserve the right to reject any application, 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.
3. AFFILIATE RESPONSIBILITIES
It is understood that you will introduce GOBI and its products to your current and prospective friends/followers/customers and will comply with all laws as well those that govern email marketing and anti-spam laws. GOBI reserves the right to accept or reject any prospective customers and will pay you a commission per customer referred using your affiliate code.
Either you or GOBI may terminate the Affiliate relationship at any time. You are only eligible to earn Affiliate payments during your time as an approved Affiliate. GOBI may change the program or service policies and operating procedures at any time.
In order to ensure a quality program, we are seeking Affiliates that will meet the following minimum Base Characteristics:
• We are seeking Affiliates with a Multi-page, website, blog or a high social channel presence.
• Affiliates should have a digital property or asset with over 1000 monthly visitors or followers.
• A large following on social media
4. AFFILIATE RELATIONSHIP
This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Gobi Cashmere and Affiliate. Affiliate shall provide services for Gobi as an independent contractor. Affiliate shall have no authority to bind Gobi into any agreement, nor shall Affiliate be considered to be an agent of GOBI in any respect.
Gobi Cashmere will not be liable for indirect, special or consequential damages arising in connection with this program and our aggregate liability arising with respect to this program will not exceed the total referral fees paid or payable to you. GOBI makes no express or implied warranties or representations with respect to the program. In addition, GOBI makes no representation that the operation of the service will be uninterrupted or error-free, and GOBI will not be liable for the consequences of any interruptions or errors.
5. LICENSE
Company hereby grants to Affiliate a nonexclusive, nontransferable license (the “License”) to use Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration upon departure of Affiliate from program or termination of this Agreement.
6. USE OF PROMOTIONAL MATERIALS
The Affiliate’s use and display of the Promotional Materials on the Affiliate’s site shall conform to the following terms, conditions and specifications:
a. Affiliate may only use the Promotional Materials for the purpose of promoting GOBI (and the products available thereon), and for linking to the GOBI website.
b. Affiliate will not alter, add to, subtract from, or otherwise modify the Promotional Materials as they are prepared by GOBI. If Affiliate wishes to alter or otherwise modify the Promotional Materials, Affiliate must obtain prior written consent from GOBI for such alteration of modification.
c. The Promotional Materials will be used to link only to the GOBI website, to the specific page and address as specified by GOBI.
7. AFFILIATES'S REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants the following:
a. Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement.
b. Affiliate’s website/social media pages does not contain any materials that are:
i. Sexually explicit, obscene, or pornographic;
ii. Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise);
iii. Graphically violent, including any violent video game images; or
iv. Solicitous of any unlawful behavior
c. Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate’s website. Nothing on Affiliate’s website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
d. Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above.
e. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein.
f. Affiliate will not publish or otherwise distribute any advertising materials for Affiliate’s website that reference Gobi Cashmere or Gobi website unless Gobi Cashmere gives prior written consent to the distribution of such materials. Affiliate will not use Gobi name (or any name that is confusingly similar to Gobi name) for any purpose on its website, in its promotional materials, or in any other context except to promote Gobi website as specified in this Agreement. Affiliate will not register any domain name that incorporates Gobi name, or that is confusingly similar to Gobi name.
g. Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Gobi Cashmere or Gobi website.
h. Affiliate will not publish or otherwise distribute any advertising materials to any site, blogs which are located and operated outside U.S that may overlap with our franchise store locations. Respectively in Korea, Japan, Turkey, Ukraine, Russia, Kazakhstan and China.
8. REVOCATION OF AFFILIATE STATUS
GOBI is always attempting to maintain a positive image as a company and to promote the positive benefits of quality clothing and women strength sports. We hope that all of our affiliates feel the same and will work toward the same mission. However, if it is deemed that an affiliate is wavering from this direction, any affiliate application and status in the program may be suspended or terminated for any action inconsistent with the terms herein or for any of the following reasons:
A. Inappropriate advertisements (false claims, misleading hyperlinks, false discount codes / incentives)
B. Illegal spamming (mass email, mass newsgroup posting, etc.)
C. Advertising on sites containing/promoting illegal activities
D. Violation of intellectual property rights
E. Inability to setup links or refer clients to GOBI (lack of performance)
• Failure to meet the Affiliate "Base Characteristic" requirements listed herein
9. AFFILIATE LINKS
You may use graphic and text links both on your website, social media, and in emails. The site may also be advertised "offline" in classified ads, magazines, and newspapers. You may use the graphics and text provided to you by us, or you may create your own as long as they are deemed appropriate according to the conditions above.
10. AFFILIATE TRACKING
GOBI uses the [ShareAsale] affiliate tracking system. When a web surfer clicks through your affiliate link, a cookie is set in their browser that contains your affiliate username information. Other information, such as their IP address is tracked in the database along with your affiliate name. When this person decides to buy a product at GOBI, the script will look for this cookie and/or try to match their IP address or similar identity tracking technology to identify the affiliate who will be awarded the commission. Visitors sent through your affiliate link may make a purchase later in time and the commission will still be awarded if the cookie is present in their browser and/or they are using the same IP address as the one logged in the database.
11. COMMISSION CALCULATION
GOBI uses the [ShareASale network] affiliate tracking system owned by [ShareASale network], Inc. to tabulate and track sales and commission payments due to our affiliates after the affiliate tracking process and purchases are completed. Commissions are paid at the rate and manner described on [ShareASale network] and GOBI reserves the right to increase or decrease commission rates through [ShareAsale network] from time to time as it sees fit. The commission calculation does not include the product cost, cost of shipping & handling, cost of local, state sales taxes calculated, or discounts that may be applied by GOBI from time to time. At the time of this policy, product costs to GOBI are not subtracted from a commission calculation. Existing GOBI customer conversions do not pay a commission.
Here's an example of how much you'll earn on a one-time purchase product with a 10% commission rate:
Example #1 - standard purchase w/ no sale discount.
Sample Retail Sales Price: $45.00
Subtract Any Discounts (0%): $0.00
Net Sale Price Amount Equals: $45.00
10% of Net Sale Price Amount equals $4.50. Therefore, as the referring affiliate for this sale, you would earn $4.50.
Example #2 - sale discount applied
Sample Retail Sales Price: $45.00
Subtract Any Discounts (15%): $6.75
Net Sale Price Amount Equals: $38.25
10% of Net Sale Price Amount equals $3.83.
As the referring affiliate for this sale, you would earn $3.83.
Maximum Commission. There is no maximum commission limit. Commissions are based on the net sales price and do not include discounts, the flat default product cost factor, calculated taxes, shipping and handling cost, postage expenses.
Returns. If a product driven to sale through an affiliate is returned or if the customer requests a chargeback on the purchase, you will not receive a commission. All money is returned to the customer, and so GOBI and the affiliate must also return their portions of the sale as well. And because of the 14-day return period for all GOBI products, this timing threshold will carry over to payout timing as GOBI is assured all purchases are final.
GOBI shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page. Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by GOBI within 14 days of discovering such discrepancy.
Commissions may be held for a period of up to 2 months from any purchase to protect GOBI and the Affiliate in the event of any chargeback that may occur. If a product driven to sale through an affiliate is returned or if the customer requests a chargeback on the purchase, the Affiliate is not entitled to receive a commission. All money is returned to the customer, and so GOBI and the affiliate must also return their portions of the sale as well. And because of the 30-day return period for all GOBI products, this timing threshold will carry over to payout timing as GOBI is assured all purchases are final.
12. AFFILIATE PUBLISHING GUIDELINES
Your participating website(s) may not:
A. Use of any of our trademarked terms as part of the domain or sub-domain for your website is strictly prohibited i.e. Gobi.website.com or www.Gobi-coupons.com
B. Infringe on our or any anyone else’s intellectual property, publicity, privacy or other rights.
Violate any law, rule or regulation.
C. Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, or contains nudity, pornography or sexually explicit materials.
D. 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.
E. 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. This includes toolbars, browser plug-ins, extensions and add-ons.
13. PPC GUIDELINES
If you are enrolled in our Program and participate in PPC advertising, you must adhere to our PPC guidelines as follows:
A. You may not bid on any of our trademarked terms (which are identified below), including any variations or misspellings thereof for search or content-based campaigns on Google, MSN, Yahoo or any other network.
B. You may not use our trademarked terms in sequence with any other keyword (i.e. Gobi Cashmere Coupons).
C. You may not use our trademarked terms in your ad title, ad copy, display name or as the display url.
D. You may not direct link to our website from any Pay Per Click ad or use redirects that yield the same result. Affiliates must be directed to an actual page on your website.
E. You may not bid in any manner appearing higher than Gobi Cashmere for any search term in position 1-5 in any auction style pay-per-click advertising program
D. 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 biddng that uses our trademarked terms.
14. INTELLECTUAL PROPERTY
GOBI retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
15. INDEMNIFICATION
Affiliate shall indemnify and hold harmless GOBI from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate’s warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless GOBI for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials.
16. CONFIDENTIALITY
Any information that Affiliate is exposed to by virtue of its relationship with GOBI under these terms and conditions, which information is not available to the general public, shall be considered to be “Confidential Company Information.” Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
17. TERMS OF THE AGREEMENT
These terms will begin upon your signup with the affiliate program and will end when your affiliate account is terminated. The terms of this agreement may be modified by GOBI or GOBI LLC at any time. If any modification to the terms is unacceptable to you, your only choice is to terminate your affiliate account. Your continuing participation in the program will constitute your acceptance of any change.
18. LIABILITY
GOBI shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether GOBI was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
19. TAXES
GOBI shall not be responsible for any taxes owed by Affiliate arising out of Affiliate’s relationship with GOBI as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate.
20. ARBITRATION
Any dispute or claim that relates to this agreement or any claim based upon any statute, law or regulation shall be resolved by the effective rules of the Federal Arbitration Act of the United States of America.
© 2020 GOBI Mongolian Cashmere Corp.
