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Affiliate Terms & Conditions
Payments are made out to Affiliates based on earnings for a calendar month. Bank Transfers are conducted 30-94 days after the conclusion of the respective calendar month where earnings are due. If your earnings are below USD$50.00 we will hold your commission for a further 30 days. Partners applying for the affiliate program, or affiliates applying to become Partners will be paid/pay at adjusted percentage rates.
TERMS AND CONDITIONS
This Agreement contains the terms and conditions that apply to an individual's or entity's participation in the shopgBay Affiliate Program. As used in this Agreement, "we" means shopgBay.com, "you" means the applicant, and "product" means any item offered for sale on the ShopgBay Web site. "Site" means a World Wide Web site and, depending on the context, refers either to ShopgBay (inclusive of our affiliate reporting site) or to the site that you will paste links to our site (links shared on Social Media Inclusive).
Enrollment in the Program
To begin the enrollment process, you may register and submit your registration. We will evaluate your application and will notify you of your acceptance or rejection. If you become an Affiliate, you will be allowed to establish links from your social media account to the shopgBay web site, pursuant to the terms of this Affiliate Agreement. To participate in the Affiliate Program, you must read and accept the terms of this Agreement. Not all applicants will become affiliates. ShopgBay, in its sole discretion, may deny any application for any reason.
We will provide approved affiliates a unique tracking code. You must use append this code at the end of your links in order to meet the criteria in this Agreement. For commission fees to be properly tracked, recorded and earned, you must ensure that each of the links you share are Links provided to you by shopgBay. We will not be liable to you for any lost commissions resulting from your failure to use appropriate Links.
We have the right, in our reasonable discretion, to monitor how you portray shopgBay.com products to ensure that your links to our Site are appropriate. If we decide, in our sole discretion, that your links to our site are not appropriate, then we may either notify you of any changes that we feel should be made, or we may terminate this Agreement upon notice to you. If we notify you of changes we desire you to make to your site and such changes are not made immediately, then we may terminate this Agreement upon notice to you. You agree that upon our termination of this Agreement, you will immediately remove all links to the shopgBay Web site.
Policies for Purchases
Customers who purchase through the shopgBay Affiliate Program will be considered customers of shopgBay. You agree that all of our rules, policies, and operating procedures concerning customer orders, customer service, and ticket bookings will apply to those customers. We may, in our sole discretion, change our policies and operating procedures at any time and from time to time.
This Agreement will begin upon our acceptance of your Affiliate Application.
Either you or we may terminate 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. Notwithstanding the foregoing, we may terminate this Agreement: (a) immediately with cause; and (b) without cause upon 48 hours' prior written notice.
We may modify any of the terms and conditions in this Agreement, at any time and from time to time, in our sole discretion. Modifications may include, but are not limited to, changes in the scope of commission fees, payment procedures, and Affiliate Program rules. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY OPTION IS TO END THIS AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE AFFILIATE PROGRAM FOLLOWING THE POSTING OF THE CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL INDICATE YOUR ACCEPTANCE OF THE CHANGES.
We will process transactions placed by customers who follow Links from your social media page to shopgBay. We reserve the right to reject orders that do not comply with any requirements that we periodically may establish. We will be responsible for all aspects of order processing and fulfillment. We will track sales made to customers who use authorized Links from your social media account to our site and will provide you access to reports summarizing this sales activity.
Referral Fees (Concept of Qualified Transaction)
Once the Link is clicked, affiliate site users will be tracked via a cookie placed on the user's browser and will be routed to our affiliate reporting server and recorded. Once the purchase is made, our software will log the transaction and the affiliate amount.
The commission rate is subject to change at any time or from time to time, at our sole and absolute discretion.
The Affiliate Program will track purchases from your site; only purchases that are tracked by the Affiliate Program Tracking System will be paid.
For the term of this Agreement, we grant you a non-exclusive, revocable license to (i) access our site through the links solely in accordance with the terms of this Agreement and (ii) use ShopgBay's logos, trade names, trademarks, images, messages and similar identifying material (the "Licensed Materials"), for the sole purpose of identifying your site as a Program participant and to assist in generating online transactions. You may not modify the Licensed Materials or any associated code (e.g. HTML) in any way. Except as expressly granted in this Agreement, the Affiliate shall have no other rights of any kind in regards to shopgBay's images, messages, codes, trade names and trademarks, and all other intellectual property. Under no circumstances will anything in this Agreement be construed as granting by implication, or otherwise, a license to any of shopgBay's intellectual property or proprietary technology other than the use of the Licensed Materials, code and the linkage to shopgBay's web site, in accordance with the terms of this Agreement. We may terminate your right to use the Licensed Materials for any reason at any time in our sole and absolute discretion as specified.
Limitation of Liability
We will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, or data) arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages.
Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed the total referral fees paid or payable to you under to this Agreement.
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). 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 ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU UNDERSTAND THAT WE MAY AT ANY TIME (DIRECTLY OR INDIRECTLY) SOLICIT CUSTOMER REFERRALS ON TERMS THAT MAY DIFFER FROM THOSE CONTAINED IN THIS AGREEMENT OR OPERATE AFFILIATE ACCOUNTS THAT ARE SIMILAR TO OR COMPETE WITH YOUR AFFILIATE ACCOUNT. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
This Agreement will be governed by the laws of the The Cooperative Republic of Guyana, without reference to rules governing choice of laws. 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.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SHOPGBAY. BY CLICKING ON THE "I AGREE" BUTTON AT THE END OF THIS AGREEMENT, YOU AGREE THAT YOU ARE AFFIRMATIVELY STATING THAT YOU HAVE CAREFULLY READ AND UNDERSTAND THE TERMS SET FORTH IN THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, IF YOU ARE ACCEPTED AS AN AFFILIATE.