This Agreement contains the complete terms and conditions that apply to your participation as a member of KPOPMallUSA.com’s Affiliate Program.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY AS YOU WILL BE LEGALLY BINDED TO ALL TERMS AND CONDITIONS UPON ENROLLMENT OF KPOPMALLUSA.COM’S AFFILIATE PROGRAM. All users of KPOPMallUSA.com’s Affiliate program are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not enroll for this affiliate program.
The general purpose of this agreement is to allow customers, advertisers and website owners to link, share and promote KPOPMallUSA.com. Please note that throughout this agreement, “we,” “us,” and “our” refers to KPOPMallUSA.com, and “you,” “your,” and “yours” refers to you as the affiliate.
This agreement begins upon acceptance of your Affiliate application, and will continue unless terminated hereunder.
To begin the enrollment process, you will complete the online application through our website at KPOPMallUSA.com. Please note all affiliate accounts are auto-approved and are still subject to re-evaluation.
Affiliate applications may be rejected should we determine, in our sole discretion, that your site, or social media account(s), is unsuitable for our program for any reason, including, but not limited to, incorporates images or content that is unlawful, defamatory, obscene, harassing or otherwise objectionable, such as sites that facilitate illegal activity or promote violence or promote or assist others in promoting copyright infringement.
Use of Affiliate Program
As a member of KPOPMallUSA.com’s Affiliate Program, you will have access to the affiliate manager dashboard. We will provide you with product images, banner advertisements, button links and/or text links for our website. We reserve the right, at any time, to review any and all images, banner and link placements and reserve the right to approve the use of your links. At any point in time we may notify you to make changes to your website or social media account(s) or to make sure that your links to our website are appropriate. Refusal to abide by any requested website or social media site changes is subject to termination from KPOPMallUSA.com’s Affiliate Program.
SPAMMING IS STRICTLY PROHIBITED. The result of spamming, including unsolicited bulk e-mailing, will result in your immediate termination from KPOPMalllUSA.com’s affiliate program and your forfeiting of monies otherwise due you hereunder.
Advertising in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address is strictly prohibited by KPOPMallUSA.com’s Affiliate Program. You may email and or postal mail customers to promote KPOPMallUSA.com so long as the recipient is a customer or subscriber of your services, website, and or social media account(s) and the recipients have the option to remove themselves from future mailings. You must clearly represent yourself and your website and or social media account(s) as independent from KPOPMallUSA.com. If it comes to our attention that you are spamming, we will consider that cause for immediate termination of this Agreement and your participation in the KPOPMallUSA.com Affiliate Program. Any pending balances owed will not be paid should your account be terminated due to such unacceptable advertising or solicitation.
Either you or we may end this Agreement AT ANY TIME, with or without cause, by giving the other party written notice. Written notice can be in the form of mail, email or fax. In addition, this Agreement will terminate immediately upon any breach of this Agreement by you.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. Notice of any change by e-mail, to your address on our records, or the posting on our site of a change notice of a new agreement, is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement. Modifications may include, but are not limited to, changes in the payment procedures and KPOPMallUSA.com’s Affiliate Program rules, terms and or conditions. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Your continued participation in the Affiliate Program, following our change notice or new agreement on our site, will constitute binding acceptance of the change.
MINIMUM PAYMENT THRESHOLD must be met before your account will be eligible for payment. Commission amounts earned for less than $20USD will remain pending until you reach the $20USD minimum payout balance.
Sales that are found not to be valid according to our TOS requirements at the time of the additional sale and earnings will be marked as invalid and not payable. Therefore there will be the requirement that 2 sales, or $20USD in minimum earnings be valid according to our sale requirements listed in our TOS in order for payment to be sent.
If you do not meet the minimum threshold of $20USD within 180 days after the end of the month in which a Qualified Purchase was properly completed, commission payments will be forfeited and your commission balance will revert to $0.
Representations and Warranties
You represent and warrant that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms; You have the full right, power, and authority to enter into and be bound by the terms and conditions of this Agreement and to perform your obligations under this Agreement, without the approval or consent of any other party; You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked “Confidential,” will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.
You hereby agree to indemnify and hold harmless KPOPMallUSA.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, partners, members, and other owners, against any and all claims, actions, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) (any or all of the foregoing hereinafter referred to as “Losses”) insofar as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim that our use of the affiliate trademarks infringes on any trademark, trade name, service mark, copyright, license, intellectual property, or other proprietary right of any third party, (ii) any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or (iii) any claim related to your site, including, without limitation, content therein not attributable to us.
Limitations of Liability
WE WILL NOT BE LIABLE TO YOU WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST BUSINESS), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS AGREEMENT, IN NO EVENT SHALL KPOPMALLUSA.COM’S CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE TOTAL COMMISSION FEES PAID TO YOU UNDER THIS AGREEMENT.
KPOPMALLUSA.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING KPOPMALLUSA.COM SERVICE AND WEBSITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF KPOPMALLUSA.COM ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE EXPRESSLY DISCLAIMED AND EXCLUDED. IN ADDITION, WE MAKE NO REPRESENTATION THAT THE OPERATION OF OUR SITE WILL BE UNINTERRUPTED OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
You agree that you are an independent contractor, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and KPOPMallUSA.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on Your Site or any other of Your Site or otherwise, that reasonably would contradict anything in this Section.
Terminated accounts cannot re-apply without our express written consent. This Agreement will be governed by the laws of the United States and the State of Nevada, without reference to rules governing choice of laws. KPOPMallUSA.com reserves the right to institute a reserve fund holding commissions for a time period deemed necessary in situations where sales generated by an affiliate consistently have a high chargeback/cancellation ratio. KPOPMallUSA.com will be the sole and final arbitrator for any and all disputes or claims related to the validity of sales. In order to facilitate accurate record-keeping, multiple KPOPMallUSA.com affiliate accounts spanning multiple affiliate networks are strictly prohibited.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement.