BoxMalls Affiliate Program Operating Agreement
Welcome to the BoxMalls Affiliate Website (the "Affiliate Website"), where you can manage your marketing relationship with the relevant BoxMalls listed in Appendix 1.
Any person or entity ("you" or "Affiliate Partner") participating or intending to participate in our affiliate program (the "Affiliate Program") must accept and may not modify this Affiliate Program Operating Agreement (the "Agreement"). By registering or using the Alliance website, you agree to this Agreement, including the program provisions, the Alliance Program participation requirements, the Alliance Program IP License Agreement, the Alliance Program Service Fee Schedule, the Alliance Program Trademark Guidelines, etc. mentioned in this Agreement. Please read the foregoing agreement carefully.
Introduction to affiliate program
The Affiliate Program allows you to place on your website, user-designed social media content, or online software applications (your "Website") the BoxMalls website link in Appendix 1 or other items listed on the BoxMalls Website Affiliate Program Service Fee Schedule Advertise BoxMalls products on website links and earn service fees. The link shall properly use the specific "track" link format provided by us and comply with the provisions of this Agreement ("Specific Link").
When our customers click on a specific link to purchase goods or services on the BoxMalls website, or take other actions, you can
BoxMalls Website Affiliate Program Service Fee Schedule (and limitations therein) earn service fees for valid purchases made by our customers. To facilitate your advertising of these programs or services, we will provide you with data, graphics, text, link formats, widgets, links, marketing content and other linking tools, application programming interfaces and other information related to the Affiliate Program (" plan content”). Program Content expressly excludes any data, graphics, text or other information or content relating to products sold on any website other than the BoxMalls website.
Affiliate Program Compliance Requirements
You must comply with this Agreement in order to participate in the Affiliate Program and receive fees.
You must promptly provide us with any information demonstrating your compliance with this Agreement.
If you breach this Agreement, or breach the terms and conditions of any other applicable BoxMalls Marketing Agreement, in addition to any other rights and remedies available to us, we shall have the right to permanently (to the extent permitted by applicable law) withhold (and you Agree that you will not be eligible to receive) all or part of the amounts payable to you under this Agreement, whether or not such amounts are directly related to your breach of this Agreement, without prior notice and without prejudice to BoxMalls' ability to recover damages in excess of such amounts. any rights.
BoxMalls Customers
Our customers do not become your customers just because you participate in the affiliate program. Therefore, as between us and you, the prices, conditions of sale, rules, policies and operating procedures set out on the BoxMalls website regarding customer orders, customer service and sales of goods will apply to such customers. We may modify it at any time. If our customers contact you, you should not deal with it directly; if our customers contact you about matters related to the BoxMalls website, you should inform them that they must resolve customer service issues according to the contact information on the BoxMalls website.
ensure
You represent, warrant and agree that: (a) participating in the affiliate program and setting up, maintaining and operating your website in accordance with the provisions of this Agreement; (b) your participation in the affiliate program or setting up, maintaining and operating your website will not violate any Applicable laws, statutes, regulations, rules, orders, authorizations, licenses, guidelines, codes of practice, industry standards, self-regulatory rules, judgments, rulings, and other requirements of any government agency having jurisdiction over you (including those applicable to communications, all such provisions for data protection, advertising and marketing);
(c) you have the legal authority and capacity to enter into this Agreement (e.g., you are not a minor or legally prohibited from entering into this Agreement); and (d) you have independently evaluated the desirability of participating in the Affiliate Program without reliance on this Agreement any representations, warranties or representations expressly set forth in; (e) you will not participate in the Affiliate Program or use any other services provided; (f) you will comply with all U.S. export and re-export restrictions and non-U.S. export and re-export restrictions applicable to goods, software, technology and services that are consistent with U.S. law; (g) you provide with Information regarding the Affiliate Program is accurate and complete at all times. You can update your information by logging into your account on the Amazon website and selecting "Account Settings."
We make no representations, warranties or guarantees about the traffic and charges you may expect at any time in connection with the Affiliate Program. We are also not responsible for any actions you take based on your predictions.
Promote yourself as an affiliate website
You must clearly state the following or any substantially similar statement previously permitted under this Agreement on your website or other location where BoxMalls authorizes you to display or use Program Content: "As a BoxMalls Affiliate, I earn from qualifying purchases .”
In addition to the foregoing disclosure, you may not make any other publicity regarding this Agreement or your participation in the Affiliate Program without our prior written permission. You shall not misrepresent or embellish our relationship with you (including indicating or implying that we support, sponsor, or approve of you), or indicate or imply any relationship or connection between us and you or others, except as otherwise provided in this Agreement. Explicit permission.
Agreement term and termination
The term of the Agreement begins on the date you register or use the Alliance website. Either you or we may terminate this Agreement at any time without cause by giving written notice of termination to the other party (or automatically and without resort to court if permitted by applicable law), and the effective date of such termination will be the date of such notice. Starting from 7 calendar days. You may provide notice of termination by logging into your Affiliate Site account and selecting the option to close your account in Account Settings. In addition, we may immediately terminate this Agreement or suspend your account based on any of the following circumstances: (a) your serious breach of this Agreement; (b) your other violations of this Agreement (including any program provisions) , you failed to correct it within 7 days after we informed you; (c) we believe that your participation in the affiliate program may expose us to potential claims or liabilities; (d) we believe that you or your participation in the affiliate program may damage our brand or reputation; (e) your participation in the Affiliate Program has been used for fraud, fraud or illegal activities; (f) we believe that we have been or may be subject to any violation in connection with this Agreement or the activities conducted by any party under this Agreement. subject to tax requirements; (g) we have previously terminated this Agreement (or suspended your account) for any reason with respect to you or another person we determine to be affiliated with or acting in concert with you; or (h) our termination affiliate program, although we generally offer this program to participants. For the avoidance of doubt and without limitation for the purposes of paragraph (a) above, any violation of the provisions of Section 5 and the Program Regulations will be deemed a material breach of this Agreement.
After the agreement is terminated, we can settle the unpaid service fees with you after a reasonable period of time to ensure the accuracy of the payment amount (for example, if a customer cancels an order or returns a product).
Upon termination of this Agreement, all rights and obligations of the parties will be cancelled, including any and all licenses related to this Agreement, except for Sections 3, 4, 5, 6, 7, 8, 10 and 11 of this Agreement and the Program Regulations. The rights and obligations stipulated in the Agreement, as well as our payment obligations for unsettled service fees under this Agreement, will remain in effect. The termination of this Agreement does not relieve either party from liability for breach of contract or other obligations that have occurred before the termination of the Agreement.
Disclaimer
Affiliate program, any goods and services provided by the BoxMalls website, specific links, link formats, content, product advertising API, data push, product advertising content, our and our affiliated companies’ website domain names, trademarks and logos (including the BoxMalls logo) and all The technology, software, functionality, materials, data, images, text and other intellectual property, other information and content provided by us or our affiliates or licensors under the Affiliate Program (collectively, the "Provided Services") are provided in accordance with
PROVIDED "AS IS" AND "AS IS". Neither we nor our affiliates or licensors make any representations or warranties of any nature regarding the services provided, whether express, implied, statutory or otherwise. We and our affiliates and licensors disclaim all warranties with respect to the services provided, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose or non-infringement, and any and all laws, customs, course of dealing Any warranty arising from , performance or custom of business. We may at any time and from time to time discontinue the Services provided, or change the nature, features, functions, scope or operation of any Services provided, or any Services provided. Neither we nor our affiliates nor our licensors guarantee that the services provided will continue to be provided, will function continuously as described or in a particular manner, will be uninterrupted, will be accurate, error-free or Contains no harmful ingredients. Neither we nor our affiliates nor our licensors are responsible for: (A) any errors, inaccuracies, viruses, malware, or service interruptions including power outages or system failures; or (B) any unauthorized Access to or alteration, deletion, destruction, corruption or loss of your website or any data, images, text or other information or content. No advice or information obtained by you from us or other persons or entities or through the Services provided will create a warranty not expressly stated in this Agreement. In addition, neither we nor our affiliates nor our licensors are liable for compensation, reimbursement or losses arising out of: (X) loss of profits or revenue, anticipated sales, goodwill or other benefits, (Y) Investments, expenses or disbursements incurred by you as a result of participating in the Affiliate Program, or (Z) your suspension or termination of the Affiliate Program. Nothing in this Clause 7 shall constitute the exclusion or limitation of any warranty, liability or representation that cannot be excluded or limited under applicable law.
Limitation of Liability
We, our affiliates and our licensors are not liable for any indirect, incidental, special, consequential or punitive damages arising out of the provision of services, or any revenue, profits, goodwill, use or data. We are not responsible for any losses, even if we have been advised of the possibility of such losses. In addition, our cumulative liability for services rendered shall not exceed the total amount of service fees paid or payable to you during the twelve months preceding the date of the event giving rise to the claim. You hereby waive any equitable rights or remedies you may have under this Agreement, including the right to seek specific performance or injunctions or other equitable relief from a court with respect to this Agreement. Nothing in this paragraph shall operate to limit liability that cannot be limited under applicable law.
compensation
To the maximum extent permitted by applicable law, we accept no liability for any matter related, directly or indirectly, to the setup, maintenance, operation of your website (including your use of any provided services) or your breach of this Agreement. You agree to defend and indemnify us, our affiliates and licensors, and us and our affiliates and licensors against all claims, losses, damages, liabilities, costs and expenses (including attorneys' fees) relating to THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES INDEMNIFY AND HOLD HARMLESS: (A) YOUR SITE OR ANY MATERIALS DISPLAYED ON YOUR SITE, INCLUDING YOUR SITE OR THE COMBINATION OF THE MATERIALS WITH OTHER APPLICATIONS, CONTENT OR PROGRAMS; (B) the use, development, design, production, production, advertising, promotion or marketing of your website or any materials displayed on your website; (C) your use of any service products, whether such use is authorized by this Agreement or in violation this Agreement or use that violates relevant laws; (D) your violation of any term or condition of this Agreement (including any Program provisions); or (E) the negligence or intentional conduct of you or your employees. We or our designees may take legal action and institute any proceedings on behalf of any BoxMalls Party, including by special proxy, to exercise or defend legal claims or to protect our rights, including to enforce the provisions of this Clause.
Governing Law and Disputes
Any dispute relating to the Affiliate Program or this Agreement (including any actual or alleged breach), any transactions or activities under this Agreement, or your relationship with us or any of our affiliates, is subject to the terms set forth in Appendix 2 The applicable laws and dispute provisions governing the BoxMalls website shall apply.
tax
Any tax and related obligations arising from the Affiliate Program or this Agreement (including any actual or alleged breach), any transactions or activities hereunder, or your relationship with us or any of our affiliates, are governed by Appendix 3 Subject to the applicable BoxMalls website tax terms set forth in .