Welcome to Nama Fiji! Thanks for joining our Affiliate program.
These following terms and conditions apply to individuals who are accessing or using the Program both as a merchant (“we” or “merchant”) and an affiliate (“you” or “affiliate”) who refers customers to use product or service from the merchant.
By participating in the Program, Affiliate agrees to use the Program in the manner specified in, and are bound by, these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety you are not authorized to register as an Affiliate or participate in the Program in any manner.
1. SCOPE OF SERVICES
1.1 The Affiliate shall market, promote, and direct potential customers to the RETAIL products and/or services (the "Services") offered by the Company using specific digital/other assets, trademarks, URLs, Discount Codes and/or other electronic means provided by the Company.
1.2 The Affiliate will use its best efforts to actively and effectively introduce, advertise, market and promote the Services as widely and aggressively as possible without making statements or claims not approved by Company
2. AFFILIATE SIGNUP AND ACCEPTANCE
Once Affiliate completes an Affiliate application and chooses the program(s) they wish to signup for, Company will review Affiliate(s( application and notify Affiliate of their acceptance in the Affiliate Program, or not. Before Company accepts an application it may want to review the application with Affiliate, so Company may reach out for more information. Company may require that you complete certain requirements before we accept your application. If we do not notify you that you are accepted to participate in the Affiliate Program within thirty (30) days from application, Affiliate’s application is considered to be rejected.
3. COMMISSION
3.1 The Company shall pay a commission based on the Net Revenue generated from qualified sales of Company’s products/services to new customers directed by the Affiliate's efforts. “New Customer” shall be defined as a customer that is new to the Company. A “qualified sale” shall be defined as a sale that meets the terms and conditions of the Affiliate Program(s) the Affiliate has signed up for and was accepted for as published, and modified from time to time, on Company’s website. The "Net Revenue" shall be defined as: the per unit/per cart sales amount paid by customers directed by the Affiliate, less any chargebacks (credit card refunds), credits given to customers, credit card/other processing fees
3.2 The commission rate will be the percentage or other amount as listed in the terms and conditions of the Affiliate Program(s) the Affiliate signed up and was accepted for as published, and modified from time to time, on Company’s website. Commission will not be paid on shipping, taxes, duties, or any other charges related to the sale of the Services.
3.3 The commission will be paid on a monthly basis, within 15 days following the end of each month. The Affiliate shall receive a monthly report detailing the Net Revenue and calculation of the commission, either via email or on Company’s website. In order to receive payment under this Agreement, Affiliate must have an active Agreement, must have a payment method on file with Company and have provided all of the necessary tax documentation to Company.
3.4 Company or Affiliate Tool will determine the currency in which Company pays Commissions, as well as the applicable conversion rate. Company will not pay more than one Commission payment or other similar referral fee on any given Customer Transaction (unless Company chooses to in its discretion).
3.5 Affiliate is responsible for payment of all taxes and fees (including bank fees) applicable to the Commission. All amounts payable by Company to Affiliate are subject to offset by Company against any amounts owed by Affiliate to Company.
3.6 We reserve the right to alter or change the Commission amount as per the Affiliate Tool.
4. CUSTOMER TRANSACTIONS
4.1 Affiliate Program Limits. Each accepted Affiliate Lead will expire according to the information provided in the Affiliate Tool (or if applicable, in the Program Policies) from the date the Affiliate Lead clicked on the Affiliate Link that was made available by Affiliate. We will pay Affiliate Commission as described in the Affiliate Tool (or if applicable, in the Program Policies) for each new Customer who completes an applicable Customer Transaction after clicking on an Affiliate Lead made available by Affiliate, provided that Affiliate remains eligible to receive Commission as described in the Affiliate Tool (or if applicable, in the Program Policies) and pursuant to the terms of this Agreement.
4.2 Eligibility. To be eligible for Commission (i) an Affiliate Lead must be accepted and valid in accordance with the the Affiliate Program Policies and pursuant to this Agreement (ii) a Customer Transaction must have occurred, (iii) a Customer must remain a customer during the locking period in the Affiliate Tool (or if applicable, in the Program Policies). You are not eligible to receive Commission or any other compensation from Company based on transactions for Other Products or if: (i) such compensation is disallowed or limited by federal, state or local law or regulation in the United States or the laws or regulations of your jurisdiction; (ii) the applicable Customer objects to or prohibits such compensation or excludes such compensation from its payments to Company; (iii) the Customer has paid or will pay such commissions, referral fees, or other compensation directly to Affiliate, (iv) the Commission payment has been obtained by fraudulent means, misuse of the Affiliate Link, in violation of any Affiliate Program Policies that we make available to Affiliate, misuse of the Affiliate Tool or by any other means that we deem to breach the spirit of the Affiliate Program. In competitive situations with other Affiliates, we may elect to provide the Commission to the Affiliate that we deem to be the most eligible for Commission, at Company’s discretion. We may discontinue Commission payments should any of the eligibility criteria set forth in this subsection fail to be met at any time.
4.3 Acceptance and Validity. You will only be eligible for a Commission payment for any Customer Transactions that derived from Affiliate Leads generated by the Affiliate Link that we make available to you.. An Affiliate Lead will be considered valid and accepted if, in our reasonable determination: (i) it is a new potential customer of Company, and (ii) is not, at the time of submission or sixty (60) days prior, one of our pre-existing customers, or involved in our active sales process. Notwithstanding the foregoing, Company may choose not to accept an Affiliate Lead in its reasonable discretion. If an Affiliate Lead does not purchase within the time period described on the Affiliate Tool (or if applicable, in the Program Policies) of their first click on the Affiliate Link, you will not be eligible for a Commission payment, even if the Affiliate Lead decides to purchase after the time period has expired.. If an Affiliate Lead is not valid then we may choose to maintain it in our database and we may choose to engage with such Affiliate Lead. Any engagement between Company and an Affiliate Lead will be at Company’s discretion.
5. TRADEMARKS, COPYRIGHT, USE OF ASSETS
5.1 In the event that Company makes its trademark available to Affiliate, you may use Company’s trademark as long as Affiliate follows the usage requirements. Affiliate must: (i) only use the images of Company’s trademark that Company makes available to Affiliate, without altering them in any way; (ii) only use Company’s trademarks in connection with the Affiliate Program and this Agreement; (iii) comply with Company’s vendor kit and Trademark Usage Guidelines; and (iv) immediately comply if Company request that Affiliate discontinue use. Affiliate must not: (i) use Company’s trademark in a misleading or disparaging way; (ii) use Company’s trademark in a way that implies it endorse, sponsor or approve of Affiliates services or products; or (iii) use Company’s trademark in violation of applicable law or in connection with an obscene, indecent, or unlawful topic or material.
5.2 Affiliate grant to Company a nonexclusive, nontransferable, royalty-free right to use and display your trademarks, service marks and logos (“Affiliate Marks”) in connection with the Affiliate Program and this Agreement.
6. TERM AND TERMINATION
6.1 This Agreement will begin on the Effective Date and will continue until terminated by either party upon 30 days written notice.
6.2 If Company updates the terms and conditions of this Agreement, Affiliate may terminate this Agreement on five (5) days written notice to us, provided that you send us written notice within ten (10) days after we send you notice of the change.
6.3 Upon termination, Affiliate will be entitled to unpaid commissions, if any, earned by Affiliate on or prior to the date of termination.
7. OPT-OUT AND UNSUBSCRIBE
Company and Affiliate will comply promptly with all opt out, unsubscribe, "do not call" and "do not send" requests. For the duration of this Agreement, the parties will establish and maintain systems and procedures to manage all opt out, unsubscribe, "do not call" and "do not send" requests.
8. Affiliate REPRESENTATION AND WARRANTIES
8.1 Affiliate represents and warrant that: (i) Affiliate has all sufficient rights and permissions to participate in the Affiliate Program and to provision Affiliate Lead’s for Company’s use in sales and marketing efforts or as otherwise set forth in this Agreement, (ii) Affiliate’s participation in this Affiliate Program will not conflict with any of Affiliates existing agreements or arrangements; and (iii) Affiliate owns or have sufficient rights to use and to grant to Company our right to use the Affiliate Marks.
8.2 You further represent and warrant that: (i) Affiliate will ensure that it is compliant with any trade or regulatory requirements that may apply to Affiliate’s participation in the Affiliate Program; (ii) Affiliate will accurately provide in the Affiliate Tool all websites and domains Affiliate own(s) where Affiliate intends to use Affiliate Links to generate Affiliate Leads; (iii) Affiliate will not purchase ads that direct to Affiliate site(s) or through an Affiliate Link that could be considered as competing with Company’s own advertising, including, but not limited to, Company’s branded keywords; (iv) Affiliate will not participate in cookie stuffing or pop-ups, false or misleading links are strictly prohibited; (v) Affiliate will not attempt to mask the referring URL information; (vi) Affiliate will not use its own Affiliate Link to purchase Company products for yourself; and (vii) Affiliate will not use any mechanisms to deliver leads other than through an intended consumer. This includes sourcing leads through compilations of personal data such as phonebooks, using fake redirects or other tools or automation devices to generate leads (including but not limited to robots, lframes, or hidden frames), or offering incentives to encourage purchases or signups that have not been otherwise authorized or offered by Company.
8.3 Indemnification. Affiliate will indemnify, defend and hold Company harmless, at Affiliate’s expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against Company (and its officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not Affiliate with Company to the extent that such Action is based upon or arises out of (a) Affiliate’s participation in the Affiliate Program, (b) Company’s use of the prospect data Affiliate provided us, (c) Affiliate’s noncompliance with or breach of this Agreement, (d) Affiliate’s use of the Affiliate Tool, or (e) our use of the Affiliate Marks. Company will: notify Affiliate in writing within thirty (30) days of Company becoming aware of any such claim; give Affiliate sole control of the defense or settlement of such a claim; and provide Affiliate (at Affiliate’s expense) with any and all information and assistance reasonably requested by Affiliate to handle the defense or settlement of the claim. Affiliate shall not accept any settlement that (i) imposes an obligation on Company; (ii) requires Company to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on Company without Company’s prior written consent.
9. RELATIONSHIP OF THE PARTIES
Company and Affiliate agree that no joint venture, partnership, employment, or agency relationship exists between the parties as a result of this Agreement.
10. NON-EXCLUSIVITY
This Agreement does not create an exclusive agreement between Company and Affiliate. Both will have the right to recommend similar products and services of third parties and to work with other parties in connection.
11. LIABILITY AND INDEMNITY
11.1 Each Party will indemnify, defend and hold the other Party harmless, including costs and attorneys' fees, from any claim or action brought by a third party relating to the negligence, gross negligence, or intentional misconduct of the other Party.
11.2 Neither Party shall be liable to the other for any special, indirect, incidental, punitive, or consequential damages arising from or related to this Agreement.
12. DATA PRIVACY AND PROTECTION
12.1 The Affiliate must comply with all data protection laws and regulations applicable to them in their handling of user data obtained in relation to this Agreement.
12.2 The Affiliate must not disclose, or allow any third party to access, any user data without the prior written consent of the Company.
13. CONFIDENTIALITY
Each party agrees not to disclose or use the other's proprietary information without the prior written consent of the other party. This section shall remain in force even after termination of the Agreement.
14. GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the laws of Wyoming. All disputes arising under or in relation to this Agreement shall be subject to the exclusive jurisdiction of the State and Federal courts in Cheyenne, Wyoming..
15. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Parties concerning this transaction, and replaces all previous communications, representations, understandings, and agreements, whether verbal or written between the Parties to this Agreement or their representatives.
