Affiliate Terms & Conditions
Please read the entire Agreement for the complete picture of your legal requirements. This Agreement governs your activities as a Partner/Agent, including access to the Partner/Agent Dashboard and participating in the activities described on the Partner/Agent Program page. Be sure to occasionally check back for updates.
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Enrollment in the Affiliate Partner/Agent Program
You must accurately complete the application form to become an affiliate (and provide us with future updates) and not use any aliases or other means to mask your true identity or contact information. After we review your application, we will notify you of your acceptance or rejection to the Affiliate Program, generally within one (1) business day. We may accept or reject your application at our sole discretion for any reason.
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Obligations
Subjected to our acceptance of you as an affiliate and your continued compliance with the terms and conditions of this Agreement, KAMICARV. agrees as follows:
- We will make available to you (if any) via the Affiliate Program graphic and textual links to the Program Web Site and/or other creative materials which you may display on web sites owned or controlled by you, in emails sent by you and clearly identified as coming from you and in online advertisements. The Links will serve to identify you as a member of our Affiliate Program and will establish a link from your Media to the Program Web Site.
- We will pay Affiliate for each Qualified Action (the "Commission"). A "Qualified Action" means an individual person who (i) accesses the Program Web Site via the Link, where the Link is the last link to the Program Web Site, (ii) is not a computer generated user, such as a robot, spider, computer script or other automated, artificial or fraudulent method to appear like an individual, real live person, (iii) is not using pre-populated fields (iv) completes all of the information required for such action within the time period allowed by KAMICARV. and (v) is not later determined by KAMICARV to be fraudulent, incomplete, unqualified or a duplicate.
- We will pay you any Commissions earned monthly, based on the Affiliate Platform used. (Please refer to individual platform for payment methods). We reserve the right to charge back to your account any previously paid Qualified Actions that are later determined to have not met the requirements to be a Qualified Action.
- Payment for Commissions is dependent upon Clients providing such funds to KAMICARV., and therefore, you agree that KAMICARV. shall only be liable to you for Commissions to the extent that KAMICARV. has received such funds from the Clients. You hereby release KAMICARV. from any claim for Commissions if KAMICARV. has not received such funds from the Clients.
Affiliate Partner/Agent obligations to KAMICARV.:
(a) Accurate, Up-to-Date Information. You agree to provide KAMICARV with accurate information about You and Your promotional methods, and to maintain up-to-date “Account” information (such as contact information, company details, Web sites used, etc.). In Your Account, You must accurately, clearly and completely specify Your payment type and information, describe promotional methods (if any) by selecting the appropriate descriptions and providing additional information when necessary. Some promotional methods will be designated by the system as “special” and they are linked to promotional methods and practices considered unique and require manual approval and acceptance by us. KAMICARV. reserves the right to define any program as special.
(b) Use of Links. You represent and warrant that all promotional means used by You will not contain objectionable content (including but not limited to content that is misleading, libelous, defamatory, obscene, violent, bigoted, hate-oriented, illegal, and/or promoting illegal goods, services or activities), and that You will not mislead others. You agree to: (i) use ethical and legal business practices, (ii) comply with the Advertisers' Program terms and this Agreement, (iii) maintain a privacy policy on Your Web site and for any non-Web site based promotional method made available to Visitors, and (iv) designate Your Publisher Account as “special” if You promote an Advertiser(s) by any means other than displaying a Link to the Advertiser on Your Web site. KAMICARV. must approve all of Your promotional activities and may deem Your promotional activities inappropriate and a material breach of this Agreement in KAMICARV.'s sole discretion. Our network quality department reviews publisher conduct and any suspected fraudulent, abusive or otherwise illegal content or activity by You through Your promotional methods, or that is perpetrated through use of the Network Service, is grounds for immediate termination of this Agreement or deactivation of Your Account.
(c) Promotional Methods. You represent and warrant that You will not engage in and/or facilitate spamming, indiscriminate advertising or unsolicited commercial email or otherwise fail to comply with the laws and/ or regulations that govern email marketing and/or communications. You represent and warrant that You will not engage in pop-up or pop-under advertising using any means involving third party properties and/or services (software). Pop up/unders are acceptable on a first party basis only when triggered by Your site content /site visit or by downloadable software applications for which You are the owner/operator. Pop up/unders delivered through downloadable software cannot engage in means that force clicks or perform redirects, or pop over a pay-per-click listing or natural search results.
(d) Personally Identifiable Information of Visitors. You represent and warrant that You will not enable the Tracking Code to collect personally identifiable information of Visitors that would allow KAMICARV to personally identify Visitors.
(e) Privacy. You must conspicuously post Your privacy policy on Your Web site and otherwise make it available to all Visitors. Your privacy policy must comply with all laws and regulations regarding the privacy of Visitor information, be commercially reasonable, and fully and accurately disclose Your collection and use of Visitor information. You must fully and accurately disclose Your use of third party technology, including KAMICARV.'s tracking technology, use of cookies and options for discontinuing use of such cookies.
(f) Applicable Codes and Code Maintenance. In order for KAMICARV. to record the tracking of Visitors' Transactions resulting from clicks on Links to us promoted by You, You must include and maintain a KAMICARV. “Unique Code” within the Links. All advertisements and its content must be in a Network Service compatible format.
(g) Usage and Security of Account. You shall be responsible for all usage and activity on Your account and for loss, theft or unauthorized disclosure of Your password (other than through KAMICARV's negligent or willful conduct or omission). You shall provide KAMICARV. with prompt written notification of any known or suspected unauthorized use of Your Account or breach of the security of Your Account.
By using Kamicarv Affiliate Partner/Agent Program, the You warrant that:
- You are 18 years of age and that there is no legal reason that the Affiliate cannot enter into a binding agreement.
- You are the owner or are licensed to use the entire contents contained on the approved company / website.
- You will not receive credit / commission for referring yourself to www.kamicarv.com.
- As you will not be able to receive commission for referring yourself, you may purchase at our website (register new user account other than affiliate account) and you will be entitled for a special price (agent price) for our products at www.kamicarv.com.
- the website and/or writing materials in your platform does not violate any law or regulation; does not contain misrepresentation or content that violates any rights of privacy or publicity; does not and will not infringe any copyright, trademark, patent or other proprietary right.
- You place your banners / other advertising materials (together with the link provided) anywhere on your site or page of social media as you see fit, or within non-spam emails.
- Failure to abide by these rules could mean termination from Affiliate Program.
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Fraud is a serious offense, and will be treated as such. Such acts include, but are in no way limited to, using automated means to increase the number of clicks through the Links or completion of any required information, using spyware, using stealware, cookie-stuffing & other deceptive acts or click-fraud; or any action that attempts to create sales or click-throughs using robots, scripts, or manually "refreshing" of pages, for the sole purpose of creating commissions. KAMICARV. shall make all determinations about fraudulent activity in its sole discretion.
- Confidentiality
Except as otherwise provided in this Agreement or with the consent of KAMICARV, you agree that all information, including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists, and pricing and sales information, concerning us or any of our affiliates provided by or on behalf of any of them shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for any purpose other than your participation in the Affiliate Program, except and solely to the extent that any such information is generally known or available to the public through a source other than you. Affiliate shall not use any information obtained from the Affiliate Program to develop, enhance or operate a service that competes with the Affiliate Program, or assist another party to do the same. - Limited License & Intellectual Property
We grant you a non-exclusive, non-transferable, revocable right to use the Links and to access our web site through the Links solely in accordance with the terms of this Agreement, for the sole purpose of identifying your Media as a participant in the Affiliate Program and assisting in increasing sales through the Program Web Site. You may not alter, modify, manipulate or create derivative works of the Links or any KAMICARV. graphics, creative, copy or other materials owned by, or licensed to, KAMICARV. in any way. You are only entitled to use the Links to the extent that you are a member in good standing of the Affiliate Program. We may revoke your license anytime by giving you written notice. Except as expressly stated herein, nothing in this Agreement is intended to grant you any rights to any of KAMICARV's trademarks, service marks, copyrights, patents or trade secrets. You agree that KAMICARV. may use any suggestion, comment or recommendation you choose to provide to KAMICARV. without compensation. All rights not expressly granted in this Agreement are reserved by KAMICARV - Termination
This Agreement shall commence on the date of our approval of your Affiliate Program application and shall continue thereafter until terminated as provided herein. You may terminate your participation in the Affiliate Program at any time by removing all Links from your Media, deleting all copies of the Links. We may terminate your participation in one or more Offers or this Agreement at any time and for any reason which we deem appropriate with or without prior notice to you by disabling the Links or providing you with a written notice. Upon termination of your participation in one or more Offers or this Agreement for any reason, you will immediately cease all use of and delete all Links, plus all KAMICARV. or Client intellectual property, and will cease representing yourself as a KAMICARV. or Client affiliate for such one or more Offers. All rights to validly accrued payments, causes of action and any provisions, which by their terms are intended to survive termination, shall survive any termination. - Others
- By joining our partner/agent program, you agree to reasonable use of your name, the images and other promotional material on our websites.
- Partners/Agents are not allowed to promote our deals openly without previous approval.
- We reserve the right to reduce partner commissions and client discounts.
- Partners/Agents will not be eligible for any commissions if their account is suspended due to fraudulent activities or breaching these terms and conditions or the terms and conditions of our KAMICARV. partners/agents.
- In the event that we as KAMICARV. deem that fraud or any other breach of the Terms and Condition of us, or of our KAMICARV. partners/agents, has occurred by a partner or his client, the partner and his client is not entitled to receive any commissions which have accrued to your benefit at such time in relation to same whether such commissions were generated through fraud or otherwise. KAMICARV. retains the right to set-off from future commissions payable to you any amounts already received by you which can be shown to have been generated by fraud or in breach of Terms and Conditions.
- No partner/agent is allowed to use any marketing material of KAMICARV. without our previous consent. The partner/agent agrees to instantly remove/edit all marketing material if it is requested to.
- All concerns and disputes are subjected to our final ruling.