|Conversion action||Online purchase with processed valid payment|
|Cookie days||30 day(s)|
|Commission type||Percent of Sale|
|Additional terms||For the purposes of commission payments, all sales will remain in a "sales pending period" and will not lock until 60 days following the date of transaction "lock ". All commission payments will be sent on the 20th day of the calendar month following the lock date (e.g., when a transaction occurs on April 1st, it locks on May 31st, and the commission will be paid on June 20th).|
As used in this Agreement:
COMMISSIONSFor more information on the commissions you may be eligible to earn for Qualifying Purchases, please visit our Commission Guidelines, which are incorporated by referenced in their entirety in this Agreement.
RESPONSIBILITY FOR YOUR WEBSITEYou hereby represent and warrant that you will be solely responsible for your website, including its development, operation and maintenance and all data content and materials that appear on or within it. Nissa Jewelry will have no liability for any claims, damages, losses, liabilities, fines, penalties, costs and expenses relating to (a) your website or any data, content or materials that appear on your website; (b) the use, development, design, manufacture, production, advertising, promotion or marketing of your website; (c) your use of any content; and (d) your violation of any term or condition of this
TRANSACTION LOCK DATESFor the purposes of commission payments, all sales will remain in a "sales pending period" and will not lock until 60 days following the date of transaction ("lock date"). All commission payments will be sent via Refersion on the 20th day of the calendar month following the lock date (e.g., when a transaction occurs on April 1st, it locks on May 31st, and the commission will be paid via Refersion on June 20th).
LINKING TO OUR WEBSITEUpon acceptance into the Program, links will be made available to you through the Affiliate interface. When linking to our website, you agree:
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 Nissa Jewelry program.
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.NO DECEPTIVE PRACTICES
If you engage in deceptive practices, such as redirecting links by sending users indirectly to our website via an intermediate site or website and without requiring a user to click on a link or take some other affirmative action on
that intermediate site or website, we may in our sole discretion void your current and past commissions or set your commission level to 0%.This does not include using "out" redirects from the same domain where the Affiliate link is placed.
PAY PER CLICK GUIDELINES
When participating in Pay Per Click ("PPC") advertising, you must adhere to our PPC guidelines as follows:
If your website promotes coupon codes, you must adhere to our Coupon Guidelines as follows or you will be subject to removal from the Program:
If your website ranks on the first page of Google search results for Trademarked Terms combined with words such as coupon, coupons, coupon code, promo code, etc. and/or your conversion rate exceeds 25%, you may be offered a lower commission than our standard rate to offset the reduced profitability of orders. The current rate we offer in these situations is 2%.
COMPLIANCE WITH LAWS
In connection with your participation in the Program, you agree to comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions and other requirements of any governmental authority that has jurisdiction over you, including without limitation laws (federal, state or otherwise) that govern marketing e-mail, telephone calls and text messages.
FTC's ADVERTISING DISCLOSURE REQUIREMENTS
You shall comply with all FTC guidance and regulations related to advertising disclosure requirements. For more information about FTC disclosure requirements, please review the FTC's "Dot Com Disclosures" Guidelines at www.ftc.gov/os/2013/03/130312dotcomdisclosures.pdf; and the FTC's Endorsement Guidelines at business.ftc.gov/advertising-and-marketing/endorsements.
DOMAIN NAMESYour use of any of our Trademarked Terms as part of the domain or sub-domain for your website is strictly prohibited e.g., nissajewelry.website.com or www.nissajewelry.coupons.com, etc.
ADVERTISING & PUBLICITYYou shall not create, publish, distribute, or print any written or visual material that makes reference to our Program without first submitting that material to us and receiving our prior written consent. If you intend to promote our Program via e-mail campaigns, you must adhere to the following:
SOCIAL MEDIAPromotion on Facebook, Twitter, and other social media platforms is permitted following these general guidelines:
REVERSAL & COMMUNICATION POLICY
Nissa Jewelry takes pride in its very low reversal rate, which we attribute to open communication with our Affiliates. However, we reserve the right to reverse orders due to order cancellations, duplicate tracking, returns, disputed charges, and program violations as outlined in this Agreement.
Additionally, if we ask you for clarification or more information on any orders or clicks that we suspect may be connected to a violation of this Agreement, we expect that you will respond in a timely and honest manner. Below are violations of our communications policy.
If any of the above are applicable, we reserve the absolute right to reverse orders, set your commission to 0%, suspend or terminate 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 required that each Affiliate monitor and pro-actively resolve any problems and adhere to our Program rules.
RELATIONSHIP OF PARTIES
As an Affiliate, you are serving as an independent contractor, and nothing in this Agreement or the Affiliate Program in general creates an agency, franchise, partnership, sales representative or employment relationship between you and Nissa
Jewelry. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement that will reasonably contradict anything in this section.
TERMINATION OR REVISION OF THE AFFILIATE PROGRAM
We reserve the right to terminate or revise the Program at any time, including by providing a change notice, a revised Agreement, or revised documentation of the Program.
LIMITATION OF LIABILITYYOU AGREE THAT WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS,
GOODWILL, USE OR DATA) ARISING IN CONNECTION WITH THIS AGREEMENT, THE PROGRAM,
THE DOCUMENTATION, OUR WEBSITE, OR THE SERVICE OFFERINGS (AS DEFINED BELOW),
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES; FURTHER, TO
THE FULLEST EXTENT POSSIBLE BY LAW, OUR AGGREGATE MAXIMUM LIABILITY ARISING OUT
OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE CAUSE OF ACTION
(WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED
THE TOTAL FEES PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT IN THE TWELVE MONTHS
IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST
RECENT CLAIM OF LIABILITY OCCURRED.
INDEMNIFICATIONYou agree to defend, indemnify, and hold harmless us and our affiliates, managers,officers, employees, agents, partners, and licensors from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from any activity arising in connection with your use of our website or service offerings or that constitutes your breach of this Agreement. We shall provide notice to you promptly of any such claim, suit, or proceeding.
THE PROGRAM, OUR WEBSITE, ANY PRODUCTS AND SERVICES OFFERED ON OUR WEBSITE, ANY
SPECIAL LINKS, LINK FORMATS, OPERATIONAL DOCUMENTATION, CONTENT, NISSAJEWELRYDOT.COM
DOMAIN NAME, OUR AND OUR AFFILIATES’ TRADEMARKS AND LOGOS (INCLUDING THE
TRADEMARKED TERMS), AND ALL TECHNOLOGY, SOFTWARE, FUNCTIONS, MATERIALS, DATA,
IMAGES, TEXT, AND OTHER INFORMATION AND CONTENT PROVIDED OR USED BY OR ON
BEHALF OF US OR OUR AFFILIATES OR LICENSORS IN CONNECTION WITH THE PROGRAM
(COLLECTIVELY THE "SERVICE OFFERINGS") ARE PROVIDED "AS IS"
AND "AS AVAILABLE." NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS MAKE ANY REPRESENTATION OR
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH
RESPECT TO THE PRODUCTS OR SERVICE OFFERINGS. EXCEPT TO THE EXTENT PROHIBITED
BY APPLICABLE LAW, WE AND OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS, AND LICENSORS DISCLAIM ALL WARRANTIES WITH RESPECT TO THE
SERVICE OFFERINGS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND
QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING,
PERFORMANCE, OR TRADE USAGE. WE MAY DISCONTINUE ANY SERVICE OFFERING, OR MAY
CHANGE THE NATURE, FEATURES, FUNCTIONS, SCOPE, OR OPERATION OF ANY SERVICE
OFFERING, AT ANY TIME AND FROM TIME TO TIME. NEITHER WE NOR ANY OF OUR
AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS
WARRANT THAT THE SERVICE OFFERINGS WILL CONTINUE TO BE PROVIDED, WILL FUNCTION
AS DESCRIBED, CONSISTENTLY OR IN ANY PARTICULAR MANNER, OR WILL BE
UNINTERRUPTED, ACCURATE, ERROR FREE, OR FREE OF HARMFUL COMPONENTS. NEITHER WE
NOR ANY OF OUR AFFILIATES, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND
LICENSORS WILL BE RESPONSIBLE FOR (A) ANY ERRORS, INACCURACIES, OR SERVICE
INTERRUPTIONS, INCLUDING POWER OUTAGES OR SYSTEM FAILURES; OR (B) ANY
UNAUTHORIZED ACCESS TO OR ALTERATION OF, OR DELETION, DESTRUCTION, DAMAGE, OR
LOSS OF, YOUR SITE OR ANY DATA, IMAGES, TEXT, OR OTHER INFORMATION OR CONTENT.
NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY OTHER PERSON OR
ENTITY OR THROUGH THE PROGRAM, THIS AGREEMENT, PROGRAM CONTENT, OPERATIONAL
DOCUMENTATION, OR OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN
THIS AGREEMENT. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES, MANAGERS,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL BE RESPONSIBLE FOR
ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH (X) ANY
LOSS OF PROSPECTIVE PROFITS OR REVENUE, ANTICIPATED SALES, GOODWILL, OR OTHER
BENEFITS, (Y) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION
WITH THIS AGREEMENT OR YOUR PARTICIPATION IN THE PROGRAM, OR (Z) ANY
TERMINATION OR MODIFICATION OF THE PROGRAM, THIS AGREEMENT OR YOUR
PARTICIPATION IN THE PROGRAM.
ARBITRATION, CLASS WAIVER, AND WAIVER OF JURY TRIALYou and Nissa Jewelry mutually agree to resolve any justiciable disputes between you and Nissa Jewelry, including any disputes involving your use of the Services, exclusively through final and binding arbitration before a single arbitrator instead of filing a lawsuit in court. This arbitration agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).
If either party wishes to initiate arbitration, the initiating party must notify the other party in writing via certified mail, return receipt requested, or hand delivery within the applicable statute of limitations period. This demand for arbitration must include (1) the name and address of the party seeking arbitration, (2) a statement of the legal and factual basis of the claim, and
(3) a description of the remedy sought. Any demand for arbitration by you must be delivered to Nissa Jewelry, PO Box 57621, Sherman Oaks, CA 91413 , Attn: Legal Department.
Class Action Waiver. You and Nissa Jewelry mutually agree that by entering into this agreement to arbitrate, both waive their right to have any dispute or claim brought, heard or arbitrated as a class action, collective action and/or representative action, and an arbitrator shall not have any authority to hear or arbitrate any class, collective or representative action ("Class Action Waiver"). Notwithstanding any other clause contained in this Agreement or the JAMS Rules, as defined below, any claim that all or part of
this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Any arbitration shall be governed by the JAMS Comprehensive Arbitration Rules and
Procedures ("JAMS Rules"), except as follows:
Regardless of any other terms herein, claims may be brought before and remedies awarded by an administrative agency if applicable law permits access to such an agency notwithstanding the existence of an agreement to arbitrate.
Other than the arbitration agreement provided herein, this Agreement shall be construed and governed by the laws of
the State of California, without regard to principles of conflicts of laws. To the extent that any lawsuit is permitted under this Agreement, the parties hereby submit to the personal jurisdiction of, and agree that any legal proceeding with respect to or arising under this Agreement shall be brought solely in the state courts of California for the County of Los Angeles or the
United States District Court for the Southern District of California, if such court has subject matter jurisdiction. Notwithstanding anything to the contrary in this Agreement, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our or any other person or entity’s intellectual property or
proprietary rights. You further acknowledge and agree that our intellectual property and proprietary rights are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily
estimated or adequately compensated for in monetary damages.
NISSA JEWELRY MAY UPDATE THE TERMS OF THIS AGREEMENT FROM TIME TO TIME BY PUBLISHING
A NEW VERSION ON OUR WEBSITE OR BY SENDING NOTICE OF ANY MODIFICATIONS TO YOU
VIA EMAIL TO THE THEN EMAIL ADDRESS CURRENTLY ASSOCIATED WITH YOUR AFFILIATE
ACCOUNT (AND SUCH CHANGE BY EMAIL WILL BE EFFECTIVE ON THE DATE SPECIFIED IN
SUCH EMAIL AND WILL IN NO EVENT BE LESS THAN TWO DAYS AFTER THE DATE THE EMAIL
IS SENT). BY CONTINUING TO PARTICIPATE IN THE PROGRAM FOLLOWING OUR POSTING OF
ANY CHANGE NOTICE, REVISED AGREEMENT, OR REVISED DOCUMENTATION, YOU ARE
AGREEING TO BE BOUND BY THIS AGREEMENT, AS AMENDED BY ANY SUCH CHANGE NOTICE,
REVISED AGREEMENT, OR REVISED DOCUMENTATION, AND YOU ACKNOWLEDGE AND AGREE THAT
YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE
PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER
THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT, AND HEREBY REPRESENT AND WARRANT
THAT YOU WILL REMAIN IN COMPLIANCE WITH THIS AGREEMENT. IF ANY MODIFICATION IS
UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT BY
NOTIFYING NISSA JEWELRY.
IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID OR FOR ANY REASON
UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM TIS AGREEMENT
AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT BY US SHALL BE DEEMED A FURTHER OR
CONTINUING WAIVER OF SUCH PROVISION OR ANY OTHER PROVISION, AND OUR FAILURE TO
ASSERT ANY RIGHT OR PROVISION UNDER THIS AGREEMENT SHALL NOT CONSTITUTE A
WAIVER OF SUCH RIGHT OR PROVISION.
THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN YOU AND NISSA
JEWELRY WITH RESPECT TO THE SUBJECT MATTER HEREIN AND SUPERSEDES ALL PRIOR
WRITTEN AND ORAL AGREEMENTS, DISCUSSIONS OR REPRESENTATIONS BETWEEN US.