foreword
Our affiliates are very important to us. We do our best to treat you with the fairness and respect you deserve. We simply ask the same consideration of you. We have written the following Affiliate Agreement with you in mind, as well as to protect our company’s good name. So please bear with us as we take you through this legal formality.
If you have any questions, please don’t hesitate to let us know. We are strong believers in straight-forward and honest communication. For quickest results please email us at support@luxafor.com .
Best regards,
Guna Rasa
Luxafor Affiliate Manager
Luxafor Affiliate Program Terms Of Agreement
Affiliate Agreement
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND MERCHANT, “GREYNUT LTD”. (LUXAFOR.COM)
BY SUBMITTING THE ONLINE APPLICATION YOU ARE AGREEING THAT YOU HAVE READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THAT YOU AGREE TO BE LEGALLY RESPONSIBLE FOR EACH AND EVERY TERM AND CONDITION.
1. OVERVIEW
This Agreement contains the complete terms and conditions that apply to you becoming an affiliate in Luxafor.com’s Affiliate Program. The purpose of this Agreement is to allow HTML linking between your web site and the Luxafor.com web site. Please note that throughout this Agreement, “we,” “us,” and “our” refer to Luxafor.com, and “you,” “your,” and “yours” refer to the Affiliate.
2. AFFILIATE OBLIGATIONS
2.1. To begin the enrollment process, you will complete and submit the online application at the Luxafor.com Affiliate Area. The fact that we approve applications does not imply that we may not re-evaluate your application at a later time. We may reject your application at our sole discretion. We may cancel your application if we determine that your site is unsuitable for our Program, including if it:
2.1.1. Promotes sexually explicit materials
2.1.2. Promotes violence
2.1.3. Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age
2.1.4. Promotes illegal activities
2.1.5. Incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law
2.1.6. Includes “Luxafor” or variations or misspellings thereof in its domain name, slug or otherwise mislead the third party of the sole ownership of Luxafor.com business
2.1.7. Is otherwise in any way unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable to us in our sole discretion.
2.1.8. Contains software downloads that potentially enable diversions of commission from other affiliates in our program.
2.1.9. You may not create or design your website or any other website that you operate or have partnered with, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Luxafor.com or any other affiliated business.
2.2. As a member of Luxafor.com’s Affiliate Program, you will have access to Affiliate Area. Here you will be able to review our Program’s details, create and access unique Affiliate URLs that link to web pages within the Luxafor.com web site and see the statistics and creatives of your program. In order for us to accurately keep track of all guest visits from your site to ours, you MUST use the unique Affiliate URLs that we provide for each page or other affiliate links we provide you with.
2.3. Luxafor.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.
2.4. The maintenance and updating of your site will be your responsibility. We may monitor your site as we feel necessary to make sure that it is up-to-date and to notify you of any changes that we feel should enhance your performance.
2.5. It is entirely your responsibility to follow all applicable intellectual property and other laws that pertain to your site. You must have express permission to use any person’s copyrighted material, whether it be a writing, an image, or any other copyrightable work. We will not be responsible (and you will be solely responsible) if you use another person’s copyrighted material or other intellectual property in violation of the law or any third party rights.
3. LUXAFOR.COM RIGHTS AND OBLIGATIONS
3.1. We have the right to monitor your site at any time to determine if you are following the terms and conditions of this Agreement. We may notify you of any changes to your site that we feel should be made, or to make sure that your links to our web site are appropriate and to notify further you of any changes that we feel should be made. If you do not make the changes to your site that we feel are necessary, we reserve the right to terminate your participation in the Luxafor.com Affiliate Program.
3.2. Luxafor.com reserves the right to terminate this Agreement and your participation in the Luxafor.com Affiliate Program immediately and without notice to you should you commit fraud in your use of the Luxafor.com Affiliate Program or should you abuse this program in any way. If such fraud or abuse is detected, Luxafor.com shall not be liable to you for any commissions for such fraudulent sales.
3.3. This Agreement will begin upon our acceptance of your Affiliate application and will continue unless terminated hereunder
4. TERMINATION
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.
5. MODIFICATION
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Luxafor.com’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to end this Agreement. Your continued participation in Luxafor.com’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
6. PAYMENT
6.1. Luxafor.com uses a third party service to handle all of the tracking and payment. The third party is the AffiliateWP.
6.1.1. Payouts can be processed for stores and affiliates in 31 different countries. We’re working to expand to more countries soon. The following countries are currently supported: Australia,Austria, Belgium, Canada, Denmark, Estonia, Finland, France, Germany, Greece, Hong Kong, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, Malaysia, Netherlands, New Zealand, Norway, Poland, Portugal, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, United Kingdom, United States
6.2. Each time you earn a commission, it shows up in the “Statistics” tab in your Affiliate Area. As soon as you earn a minimum of USD 100.00 worth of commissions, you can withdraw the earnings by creating a request with us in your Affiliate Area. To do that you must go to Statistics tab of your Affiliate Area and click “Request a payout” on the notification ” You have unpaid earnings available to be paid out: Request a payout” . Payments are sent out within 10 business days from receiving your request using the third-party money transfer service.
7. ACCESS TO AFFILIATE ACCOUNT INTERFACE
You will create a password so that you may enter Luxafor.com’s secure affiliate account interface (Affiliate Area). From the Affiliate Area, you will be able to receive your reports that will describe our calculation of the commissions due to you.
8. PROMOTION RESTRICTIONS
8.1. You are free to promote your own web sites, but naturally, any promotion that mentions Luxafor.com could be perceived by the public or the press as a joint effort. You should know that certain forms of advertising are always prohibited by Luxafor.com. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our name. Other generally prohibited forms of advertising include the use of unsolicited commercial email (UCE), postings to non-commercial newsgroups and cross-posting to multiple newsgroups at once. In addition, you may not advertise in any way that effectively conceals or misrepresents your identity, your domain name, or your return email address. You may use mailings to customers to promote Luxafor.com so long as the recipient is already a customer or subscriber of your services or web site, and recipients have the option to remove themselves from future mailings. Also, you may post to newsgroups to promote Luxafor.com so long as the newsgroup specifically welcomes commercial messages. At all times, you must clearly represent yourself and your web sites as independent from Luxafor.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 Luxafor.com Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated due to such unacceptable advertising or solicitation.
8.2. Affiliates that among other keywords or exclusively bid in their Pay-Per-Click campaigns on keywords such as Luxafor.com, Luxafor, www.luxafor, www.luxafor.com, Greynut.com, Greynut, www.greynut, www.greynut.com and/or any misspellings or similar alterations of these – be it separately or in combination with other keywords – and do not direct the traffic from such campaigns to their own website prior to re-directing it to ours, will be considered trademark violators, and will be banned from Luxafor.com’s Affiliate Program. We will do everything possible to contact the affiliate prior to the ban. However, we reserve the right to expel any trademark violator from our Affiliate Program without prior notice, and on the first occurrence of such PPC bidding behavior.
8.3. Affiliates are not prohibited from keying in prospect’s information into the lead form as long as the prospects’ information is real and true, and these are valid leads (i.e. sincerely interested in Luxafor.com’s service).
8.4. Affiliate shall not transmit any so-called “interstitials,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to consumers from the time the consumer clicks on a qualifying link until such time as the consumer has fully exited Luxafor.com’s site (i.e., no page from our site or any Luxafor.com’s content or branding is visible on the end-user’s screen). As used herein a “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non affiliate commission tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, thereby causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot, Yandex, DuckDuckGo and similar search or directory engines); (c) set commission tracking cookies through loading of Luxafor.com site in IFrames, hidden links and automatic pop ups that open Luxafor.com’s site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of Affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the applicatio
9. GRANT OF LICENSES
9.1. We grant to you a non-exclusive, non-transferable, revocable right to (i) access our site through HTML links solely in accordance with the terms of this Agreement and (ii) solely in connection with such links, to use our logos, trade names, trademarks, and similar identifying material (collectively, the “Licensed Materials”) that we provide to you or authorize for such purpose. You are only entitled to use the Licensed Materials to the extent that you are a member in good standing of Luxafor.com’s Affiliate Program. You agree that all uses of the Licensed Materials will be on behalf of Luxafor.com and the goodwill associated therewith will inure to the sole benefit of Luxafor.com.
9.2. Each party agrees not to use the other’s proprietary materials in any manner that is disparaging, misleading, obscene or that otherwise portrays the party in a negative light. Each party reserves all of its respective rights in the proprietary materials covered by this license. Other than the license granted in this Agreement, each party retains all right, title, and interest to its respective rights and no right, title, or interest is transferred to the other.
10. DISCLAIMER
LUXAFOR.COM MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING LUXAFOR.COM SERVICE AND WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF LUXAFOR.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.
11. REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
11.1. 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;
11.2. 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;
11.3. You have sufficient right, title, and interest in and to the rights granted to us in this Agreement.
12. 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 LUXAFOR.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.
13. INDEMNIFICATION
You hereby agree to indemnify and hold harmless Luxafor.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.
14. CONFIDENTIALITY
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.
15. MISCELLANEOUS
15.1. 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 Luxafor.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 Sites or otherwise, that reasonably would contradict anything in this Section.
15.2. Neither party may assign its rights or obligations under this Agreement to any party, except to a party who obtains all or substantially all of the business or assets of a third party.
15.3. This Agreement shall be governed by and interpreted in accordance with the European Union law, International Law and general principles of law recognized by civilized nations without regard to the conflicts of laws and principles thereof.
15.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
15.5. This Agreement represents the entire agreement between us and you and shall supersede all prior agreements and communications of the parties, oral or written.
15.6. The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
15.7. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this agreement shall have full force and effect.
Privacy Policy
Last updated: 11th of February 2020
PERSONAL INFORMATION
Before becoming an affiliate on luxafor.com or ordering products, you must complete an online registration form. During registration, you will be prompted to provide to us certain Personal Information, including but not limited to your name, shipping and billing address, phone number, email address, and credit card number. In addition, we may also ask you for your country of residence and/or your organization’s country of operation, so we can comply with applicable laws and regulations, and for your gender. These kinds of Personal Information are used for billing purposes, to fulfill your orders, to communicate with you about your order and luxafor.com, and for internal marketing purposes. If we encounter a problem when processing your order, your Personal Information may be used to contact you.
By registering at luxafor.com, you agree that all information provided in the registration data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate. Luxafor.com may collect statistics about the behavior of visitors to its website. Luxafor.com may display this information publicly or provide it to others. However, luxafor.com does not disclose Personal Information other than as described here.
If you are a registered user of a luxafor.com website and have supplied your email address, luxafor.com may occasionally send you an email to tell you about new features, new products, solicit your feedback.
LEGAL BASIS FOR PROCESSING PERSONAL INFORMATION (EEA PERSONS ONLY)
If you are from the European Economic Area, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it. However, we will normally collect and use Personal Information from you where the processing is in our legitimate interests and not overridden by your data-protection interests or fundamental rights and freedoms. Typically, our legitimate interests include improving, maintaining, providing, and enhancing our products and services; ensuring the security of the services and our Websites; and for our marketing activities.
If you are a registered user of a luxafor.com website and have supplied your email address, we may need the Personal Information to perform a contract with you. In some limited cases, we may also have a legal obligation to collect Personal Information from you. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Information is mandatory or not, as well as of the possible consequences if you do not provide your Personal Information. Where required by law, we will collect Personal Information only where we have your consent to do so.If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information, please contact us by email at support@luxafor.com or by using the contact form provided in the “Frequently Asked Questions (FAQs)” section on our Site.
DISCLOSURE OF INFORMATION
Luxafor.com discloses Personal Information only to those of its employees, contractors and affiliated organizations that need to know that information in order to process it on luxafor.com behalf or to provide services available at luxafor.com website, and that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country.
Luxafor.com will not rent or sell personal information to anyone. Other than to its employees, contractors and affiliated organizations, as described here, luxafor.com discloses personal information only in response to court order or other governmental request, or when luxafor.com believes in good faith that disclosure is reasonably necessary to protect the property or rights of luxafor.com, third parties or the public at large.
SECURITY
Your account is protected by a password for your privacy and security. You need to prevent unauthorized access to your account and Personal Information by selecting and protecting your password appropriately and limiting access to your computer and browser by signing off after you have finished accessing your account.
Luxafor.com takes all appropriate and reasonable technical and organizational measures to protect Personal Information from loss, misuse, unauthorized access, disclosure, alteration, and destruction, taking into account the risks involved in the processing and the nature of the Personal Information. If you have any questions about the security of your Personal Information, you may contact us via e-mail support@luxafor.com.
RETENTION OF DATA
We retain Personal Information where we have an ongoing legitimate business or legal need to do so. Our retention periods will vary depending on the type of data involved, but, generally, we’ll refer to these criteria in order to determine retention period: Whether we have a legal or contractual need to retain the data; whether the data is necessary to provide our services; whether you have the ability to access and delete the data within your luxafor.com accounts; whether you would reasonably expect that we would retain the data until you remove it or until your Luxafor.com accounts are closed or terminated.
When we have no ongoing legitimate business need to process your Personal Information, we will either delete or anonymize it or, if this is not possible (for example, because your Personal Information has been stored in backup archives), then we will securely store your Personal Information and isolate it from any further processing until deletion is possible.
YOUR CHOICES AND OPT-OUTS
Members and Visitors who have opted in to our marketing emails or Affiliate Program can opt out of receiving marketing emails from us at any time by clicking the “Unsubscribe” link at the bottom of our marketing messages.
Also, all opt-out requests can be made by emailing us at support@luxafor.com . Please note that some communications (such as service messages, account notifications, billing information, payouts notifications) are considered transactional and necessary for account management, and Members cannot opt out of these messages unless you cancel all your third party service accounts linked to our product purchase.
COOKIES
Luxafor.com employs cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser to enable our systems to recognize your browser. Most internet browsers are initially set to accept cookies. You can set your browser to refuse cookies from web sites or to remove cookies from your hard drive, but if you do, you will not be able to access or use portions of luxafor.com. We have to use cookies to enable you to select products, place them in an online shopping cart, and to purchase those products. If you do this, we keep a record of your browsing activity and purchases.
BUSINESS TRANSITIONS
If luxafor.com, or substantially all of its assets were acquired, or in the event that luxafor.com goes out of business or enters bankruptcy, your personal information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of luxafor.com may continue to use your personal information as set forth in this policy.
PRIVACY POLICY CHANGES
Although most changes are likely to be minor, luxafor.com may change its Privacy Policy from time to time, and in luxafor.com sole discretion. luxafor.com encourages you to frequently check this page for any changes to its Privacy Policy. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.
