Affiliate Program Terms

Last Modified: January 18, 2019

Welcome to Etailerhub Affiliate Program, operated by Etailerhub Technology Limited (hereinafter referred to as “the Company,” “Etailerhub,” “We,” “Us,” or “Our”). The Company is the operator of websites located at www.hypersku.com, www.hyperlogistix.com and www.etailerhub.com (collectively referred to as “Website” or “Platform”). By participating in the Referral Programs offered by the Company, you agree to be bound by the following Terms and Conditions (hereinafter referred to as “Affiliate Program Terms”).

Violation of any of the terms below may result in the termination or suspension of your account and forfeiture of any outstanding referral rewards in your account. You agree to use the Etailerhub Affiliate Program at your own risk.

1.   What is the etailerhub Affiliate Program?

The etailerhub Affiliate Program refers to two referral programs offered by the Company as described below:

a.    Refer a Friend Program – Referrer Terms

By applying to participate in the Refer a Friend Program, you represent and warrant to the Company that you have fully read and understood these Affiliate Program Terms and agreed to be bound by them.

Eligibility

Any Platform User can apply to enroll in the Etailerhub Refer a Friend Program by submitting the completed application form. The Company evaluates each application on its merit. We reserve the right to reject any application without providing any reasons for our decision. Please note that we use third-party services to manage our Affiliate Program and you will be notified of the outcome of your application through such third-party service.

We may reject an application if we are of the view that your website is unsuitable/inappropriate for participation in our Refer a Friend Program. Unsuitable websites include but are not limited to a website that:

  • Promote sexually explicit content;
  • Incite violence or hate towards any specific person or group;
  • Promote any illegal activity including the sale of counterfeit goods;
  • Promote any pyramid or Ponzi schemes;
  • Promote discrimination based on age, race, sex, sexual orientation, gender, religion, nationality or disability;
  • Promotes content that in the Company’s opinion may be deemed defamatory, fraudulent or misleading;
  • Unrelated or lacks compatibility with the Company’s offering;
  • Violates the intellectual property rights of the Company or its subsidiaries;
  • In any way disparage the Company or its Suppliers as listed in the directories.

Successful Applicants (Referrers)

  • Referral link

All successful applicants of the “Refer a Friend” program (hereinafter referred to as ‘Referrers’) can generate a unique referral link which enables the Company to track a User who comes to the Platform using the referral link.

  • Referral Rewards

Qualifying: Whenever a User signs up to the etailerhub platform using a referral link and has a minimum of 10 orders that are “delivered” by tracking status, without any refund requests or raising any disputes, the referral is deemed to be a “successful referral”. The Referrer whose referral link led to a successful referral is then eligible to receive the referral rewards as outlined in this provision.

Referral Reward:  For each successful referral, the Referrer will receive a one-month subscription fee waiver for the cheapest subscription plan offered by the Company up to a maximum of ten months subscription fee waiver.

Please note, if the Referrer is a subscriber of a plan that is more expensive than the cheapest plan offered by the Company, the Referrer will receive a subscription fee discount equal to the amount of the cheapest subscription plan offered by the Company at the time.

Once the Referrer reaches the maximum reward available under the Refer a Friend Program, the Referrer may be invited by the Company to join Etailerhub’s Affiliate Marketing Program as outlined in this Agreement.

  • Responsibilities and Code of Conduct

Referrers hereby expressly agree not to:

◊ Bid on terms or names that are trademarked by the Company or names that are substantially similar to the trademarked names such as its variations and misspellings;

◊ Buy any domains containing the name ‘Etailerhub’ or any misspellings or variations;

◊ Publish or link to the Platform from an unsuitable website including but not limited to a website with adult content, gambling websites or other websites that may be deemed obscene by the Company in its sole discretion;

◊ Send spam emails to promote Etailerhub or from violating any applicable Privacy Laws and Regulations;

◊ Disparage or misrepresent that the Company, the Platform or its Suppliers.

Communication and Notices

Referrer agrees to receive emails and other marketing material from the Etailerhub including but not limited to newsletters, promotional materials, system and policy updates. Both Parties accept that the Company is authorised to serve any notices on the Referrer electronically to the email address provided by the  Referrer in the application.

b.    Affiliate Marketing Program – Affiliate Terms

By applying to participate in the Affiliate Marketing Program, you represent and warrant to the Company that you have fully read and understood these Affiliate  Terms and agreed to be bound by them.

Eligibility

You can apply to enroll in the Etailerhub Affiliate Marketing Program by submitting the completed application form. The Company evaluates each application on its merit. We reserve the right to reject any application without providing any reasons for our decision. Please note that we use third-party services to manage our Affiliate Program and you will be notified of the outcome of your application through such third-party service.

We may reject an application if we are of the view that your website is unsuitable for participation in our Affiliate Program. Unsuitable websites include but are not limited to a website that:

  • Promote sexually explicit content;
  • Incite violence or hate towards any specific person or group;
  • Promote any illegal activity including the sale of counterfeit goods;
  • Promote any pyramid or Ponzi schemes;
  • Promote discrimination based on age, race, sex, sexual orientation, gender, religion, nationality or disability;
  • Promotes content that in the Company’s opinion may be deemed defamatory, fraudulent or misleading;
  • Unrelated or lacks compatibility with the Company’s offering;
  • Violates the intellectual property rights of the Company or its subsidiaries;
  • In any way disparage the Company or its Suppliers as listed in the directories.

Successful Applicants (Affiliate)

  • Affiliate link

All successful applicants of the “Affiliate Marketing Program” (hereinafter referred to as ‘Affiliates’) are able to generate a unique referral link which enables the Company to track a User who comes to the Platform using the unique referral link.

  • Referral Rewards

Qualifying: Whenever a User signs up to the etailerhub platform using a referral link and has a minimum of 10 orders that are “delivered” by tracking status, without any refund requests or raising any disputes, the referral is deemed to be a “successful affiliate referral”. The Affiliate whose referral link led to such successful affiliate referral is then eligible to receive the referral rewards as outlined in this provision.

Referral Reward:  For each successful referral, the Affiliate will receive 20 USD plus 2% of the total purchase amount (excluding taxes, shipping and handling charges) for the first six months from the signup date which will drop down to 1.5% for the following six month period.

Payment Schedule: Affiliates referral rewards are calculated on the 15th day of the month following successful affiliate referral. All rewards are deposited into the Affiliates chosen payment method automatically once the amount is equal to or more than USD 100. Please note that the Company will not make any payout for less than USD 100.

Affiliate is solely responsible for the payment of his/her taxes, and the Company will not be responsible for withholding taxes on behalf of the Affiliate.

  • Responsibilities and Code of Conduct

Affiliate hereby expressly agree not to:

◊ Bid on terms or names that are trademarked by the Company or names that are substantially similar to the trademarked names such as its variations and misspellings;

◊ Buy any domains containing the name ‘Etailerhub’ or any misspellings or variations;

◊ Publish or link to the Platform from an unsuitable website including but not limited to a website with adult content, gambling websites or other websites that may be deemed obscene by the Company in its sole discretion;

◊ Send spam emails to promote Etailerhub or from violating any applicable Privacy Laws and Regulations;

◊ Disparage or misrepresent that the Company, the Platform or its Suppliers.

Communication and Notices

Affiliate agrees to receive emails and other marketing material from the Etailerhub including but not limited to newsletters, promotional materials, system and policy updates. Both Parties accept that the Company is authorised to serve any notices on the Affiliate electronically to the email address provided by the Affiliate in the application.

2.   Referee Terms

Any User who creates a Platform Account using a referral link of a Referrer or an affiliate link of an Etailerhub Affiliate agrees to be bound by these Affiliate Program Terms.

a.    Participation

To participate in the Affiliate Program and redeem the offer as a referee you must sign up on the Platform using a valid referral/affiliate link of an Etailerhub Referrer or Affiliate. Please note that the link URL can change from time to time and can expire. If you sign up to the Platform using an old link that has since changed or expired, you will not be able to redeem the original offer.

Eligibility

You have to be a first time user of the platform as a person can only redeem an offer once. The Company reserves the right to disqualify a referee from redeeming a referral offer in the event of any breach of these terms by such referee.

Rewards

A Referee can redeem his/her reward immediately upon signing up for the Platform. As a subscriber, you will receive a three-month subscription fee waiver for the cheapest subscription plan offered by the Company. Where you subscribe to a plan that is more expensive than the cheapest plan offered by the Company, you will receive a subscription fee discount equal to the amount of the cheapest subscription plan offered by the Company at the time. You will be liable to pay the difference between your selected plan and the cheapest plan for the reward period.

Please note that your subscription will also be governed by the Etailerhub Term of Use and Privacy Policy in addition to these Affiliate Program Terms.

Referee Privacy

We value your privacy. Please note that we will not share your personal information with our Referrer/Affiliates, but we will share necessary account information such as email, user ID to affiliates scheme service provider to identify you as a user and reward our Referrer or Affiliate whose referral link you use. To learn more about our Privacy Practices, please visit our Privacy Policy.

3.   Term and Termination

The term of this Agreement will begin upon the acceptance of your application by the Company and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party a written notice of such termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your website, all links to the Platform, and all of our trademarks, trade dress, and logos, and all other materials.

The Company reserves the right to suspend or terminate your account and refuse all current or future use of the Affiliate Program, or any other Platform Service, for any reason at any time. Such termination would result in the forfeiture and relinquishment of all potential or to-be-paid rewards in your Account if they were earned through fraudulent, illegal, or overly aggressive, questionable sales or marketing methods. You acknowledge that only the Company shall have sole discretion in determining if any funds/commissions shall be distributed upon termination of an Affiliate.

4.   Parties Relationship

This Agreement shall not create a partnership, joint venture, agency/principal, employer/employee or a similar relationship between you (a “Referrer”, “Affiliate” or “Referee”) and the Company. Your relationship with the Company under this Agreement is that of an Independent Contractor. Both Parties assume full responsibility for the payment of their respective tax liabilities and compliance with applicable laws. You will not make any statement, whether on your site or otherwise, that reasonably would contradict anything contained herein.

 
You acknowledge that you shall not be entitled to any employee benefits, like workers compensation, health insurance, social security or unemployment.

5.   Confidentiality and Non-Compete

You understand that, during your participation in the Affiliate Program, you may have access to or learn, acquire, obtain or become aware of Confidential Information concerning the Company and other Users. You agree to maintain all such information confidential and in compliance with the Terms of Use.

You further agree not to:

 

  • directly or indirectly own, manage, operate, participate in, consult with, or work for any of Company’s competitor or business, which is engaged in a similar business or industry to that of the Company, either directly or indirectly;
  • start your own business or participate in any business that is in direct or indirect competition with the Company;
  • You will not make any attempt to contact any of our Suppliers or Users unless requested directly by the Company;
  • this non-competition agreement shall commence immediately during its business relationship with the Company and for at least (2) two years after you end your relationship with the Company.

6.   Amendments

The terms of this Agreement and our applicant acceptance criteria are subject to change at any time without prior notice to you. Where we make any material changes to this Agreement, we will notify you of such changes by email. Your continued use of the service after the delivery date of such email will be deemed as acceptance of such amended terms.

 

7.   Governing Law and Jurisdiction

This Agreement shall be construed in accordance with the laws of Hong Kong SAR. Both parties hereby submit to the exclusive jurisdiction of the court of law sitting in Hong Kong SAR.

8.   Miscellaneous

No Assignment

You may not assign this Agreement, by operation of law or otherwise, without our prior written consent.

Waiver

The failure of etailerhub to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

Force Majeure

Neither the Company nor the User will be held liable for any failure to perform any of its obligations towards the other if such failure is as a result of Acts of God (including fire, flood, earthquake, storm, hurricane or other natural disasters), war, invasion, act of foreign enemies, hostilities (regardless of whether war is declared), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labor dispute, strike, lockout or any interruption or any failure of electricity or server, system, computer, internet or telephone service.

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