1 AFFILIATE SITE AND CONTENT
Affiliate has sole and exclusive responsibility and liability for the development, operation, maintenance, and all materials and content that appear on the Affiliate Site. Affiliate shall operate and maintain the Affiliate Site in accordance with all applicable laws, rules, and regulations.
In consideration of the Fees, the Affiliate agrees to place one or more of the Links on the Affiliate Site in accordance with the terms and conditions of this Agreement. Gigalumi reserves the right to monitor the Affiliate Site to determine if the Affiliate complies with this Agreement.
2 COMMISSIONS FOR AFFILIATE REFERRED ORDERS
All Fees are payable in U.S. Dollars through the Awin platform. Please consult the Awin Service Team for any collection questions.
Gigalumi is not responsible for paying any Fees in the event Affiliate does not use the Links provided by Gigalumi without modification OR Affiliate does not properly install those Links, meaning the traffic will not be properly tracked to reflect that a Customer came from the Affiliate Site.
Gigalumi reserves the right to refuse an attempted purchase by any person, in Gigalumi's sole and absolute discretion. Affiliate shall have no claim to any Fee based on Gigalumi's decision to not complete a transaction with any person who accesses the Site through a Link on the Affiliate Site.
3 FULFILLMENT AND CUSTOMER INFORMATION
Gigalumi is solely responsible for processing and fulfillment of all orders of goods on the Site, which shall be governed by the terms and conditions established by Gigalumi in its sole and absolute discretion. All information about such orders and the Customers is the sole and exclusive property of Gigalumi.
4 LIMITED LICENSE RIGHTS
Affiliate agrees to place one or more of the Links on the Affiliate Site. Links may contain logos, trademarks, service marks (collectively, "Marks"). Pursuant to this Agreement, Gigalumi grants Affiliate a limited, nonexclusive, non-transferable, and revocable license to display the Links on the Affiliate Site, and nowhere else, subject to the terms and conditions of this Agreement. Affiliate may not use the Links or the Marks for any other purpose absent the express written consent of Gigalumi. Affiliate may not use the Marks independently of the Links for any purpose without Gigalumi's express written consent; and Affiliate may not use or present the Links in any manner that suggests the endorsement of or by any other goods, services, persons or entities without the express written consent of Gigalumi.
In addition, Affiliate agrees to not acquire or attempt to acquire, register or attempt to register, make a claim to or in any way use domain names, trademarks, service marks, keywords, handles, screen names or other forms of identification incorporating the Marks.
All intellectual property rights in and to the Marks, and any goodwill generated by Affiliate use of the Marks shall inure solely to the benefit of Gigalumi.
5 Use of Pay-Per-Click (“PPC”)
PPC campaigns that send people directly to the Affiliate’s affiliate link(Gigalumi.com) are NOT allowed. Only Affiliate PPC campaigns that direct traffic to the Affiliate’s own website or content is allowable. Under no circumstances can Affiliate use PPC to drive traffic to any of Gigalumi’s trademarks or branded terms, including but not limited to (i) Gigalumi.com; (ii) Gigalumi; (iii) any variations, misspellings, or derivatives of our trade name or domain keywords. In the event that Gigalumi becomes aware of any unethical behavior, tactics, or violations of this requirement, the Affiliate will be immediately banned from the Program.
6 REPRESENTATIONS AND WARRANTIES
Affiliate represents and warrants that the Affiliate Site does not and shall not:
(i) depict anyone less than eighteen (18) years of age;(ii) contain material subject to 18 USC §2257 (but if it does, Affiliate will notify us not less than fifteen (15) days in advance of such inclusion and Affiliate will comply in all respects therewith);(iii) contain any information which Affiliate know or reasonably should know is false;(iv) contain or transmit any apps or programs that are or can be installed or downloaded to a Customer’s computer or other devices without the Customer’s express and knowing consent as to the exact nature, purpose and function of such apps or programs;(v) do not use Gigalumi's name or the Marks in any form of unsolicited communication, including unsolicited email (spam).
7 DISCLAIMERS
To the maximum extent of the law, Gigalumi disclaims all representations, warranties, and conditions, express and implied, including the warranties of merchantability, fitness for a particular purpose, title, and non-infringement. The Site is provided “as is.”
8 LIMITATION OF LIABILITY
IN NO EVENT WILL Gigalumi BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR INDIRECT COSTS OR DAMAGES INCLUDING BUT NOT LIMITED TO THE LOSS OF PROFITS OR BUSINESS OPPORTUNITY, EVEN IF Company HAD BEEN ADVISED OF SUCH POSSIBILITY.
9 COMPLIANCE
Affiliate shall comply and shall ensure that any third parties performing sales or referral activities on your behalf comply, with all applicable foreign and domestic laws (including without limitation export laws and laws applicable to sending of unsolicited email), governmental regulations, ordinances, and judicial administrative orders. Affiliate shall not engage in any deceptive, misleading, illegal or unethical marketing activities, or activities that otherwise may be detrimental to Gigalumi, Gigalumi's customers, or to the public.
