|Conversion action||Online purchase with processed valid payment|
|Cookie days||45 day(s)|
|Commission type||Percent of Sale|
|Additional terms||15% commission off total sale minus shipping and tax|
JAVA Worx International, LLC
Dba JAVA Skin Care, LLC
Commission: 15% Commission on total Shopify order minus shipping and taxes will be paid to affiliate for orders by NEW Customers to our online store and who are sent to javaskincare.com through the affiliates' refersion link connected to the JAVA Refersion portal. Any follow-up or recurring orders by these same customers are not subject to commission.
Commisions will be paid once a month, aproximately 15 days after the end of the month in which commission is accrued.
Payment Options: Affiliate has the option to receive payment either via Paypal through the Refersion.com platform or by check utilizing the US Postal Service. If Affiliate chooses to use Paypal to receive commission payments, they are required to complete any forms within the Refersion Affiliate Account that are needed to setup this payment option. If Affiliate prefers to receive payment by check, they need to provide JAVA Skin Care with their mailing address information.
JAVA SKIN CARE AFFILIATE AGREEMENT
PLEASE READ THE ENTIRE AGREEMENT.
YOU MAY PRINT THIS PAGE FOR YOUR RECORDS.
THIS Affiliate Agreement (hereinafter “Agreement”) is entered into between Yourself
(hereinafter “Affiliate”), and JAVA Worx International, LLC. dba JAVA Skin
Care, LLC (hereinafter “JAVA”).
BY LINKING YOUR REFERSION.COM AFFILIATE ACCOUNT TO THE JAVA SKIN CARE MERCHANT
ACCOUNT YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
This Agreement contains the complete terms and conditions that apply to you becoming
an affiliate in JAVA’s Affiliate Program.
2. Affiliate Obligations
To begin the enrollment process, you must create an affiliate account at
Refersion.com - https://javask.refersion.com. JAVA will review your application and You
will be notified if your application has been accepted. We may reject your
application at our sole discretion. We may cancel your application if we
determine that you are using practices that we consider unsuitable and damaging
to JAVA and/or JAVA’s reputation, including selling or promoting JAVA products
along with other products or items that:
Promote sexually explicit materials
2.1.2. Promote violence
2.1.3. Promote discrimination based on race, sex, religion, nationality,
disability, sexual orientation, or age
2.1.4. Promote illegal activities
2.1.5. Incorporate any materials which infringe or assist others to infringe on
any copyright, trademark or other intellectual property rights or to violate
2.1.6. Are otherwise in any way unlawful, harmful, threatening, defamatory,
obscene, harassing, or racially, ethnically or otherwise objectionable to us in
our sole discretion.
3. Commission Determination
Under the Affiliate Program, you will be paid a Commission Fee for each
Qualified Purchase by a Referred Customer that you refer to JAVASkinCare.com
under and in accordance with the terms of this Agreement. Each Referred
Customer and each Qualified Purchase must meet the following criteria (the
Each Referred Customer must be a new and unique visitor to JAVA.
Each Referred Customer must make a Qualified Purchase, and provide a valid
payment for the purchased JAVA Products. To generate a Commission Fee for you,
each Referred Customer must be an active, qualified customer of JAVA and must
be up-to-date in all payments at the time the Commission Fees are processed and
not have been subject to a refund, credit, cancellation, suspension or
JAVA reserves the right to withhold initial Commissions Fees for Affiliates who
have commissions that are potentially fraudulent as determined by JAVA in its
sole discretion, to determine the legitimacy and cancellation rates of Referred
JAVA reserves the right to suspend payment of Commission Fees at any time and
indefinitely, if it suspects fraud or other improper activity or a potential
breach of any of the terms in this Agreement by the Affiliate or a Referred
Customer(s). JAVA reserves the right to deduct from Affiliate's current and
future Commission Fees any and all Commission Fees corresponding to any
fraudulent, questionable, and cancelled JAVA purchases. Where no subsequent
Commission Fee is due and owing, JAVA will send Affiliate a bill for the
balance of such refunded purchase upon termination of the program or
termination of the Referred Customer.
JAVA, in its sole discretion, reserves the right to withhold indefinitely any
Commission Fee, and/or to reverse, deny or reject any Commission Fee, for:
All commissions generated for accounts that may be fraudulent, including but
not limited to the use of software that generates real and fictitious
If we deem orders to be fraudulent or see a pattern of potentially fraudulent
activity, including, without limitation, where there are multiple accounts from
the same customer, or referral of accounts which do not comply with this
Agreement. We review account information (including site content) to assess
Altering Our Links in any way.
Referred Customers that have been offered or received coupons, refunds, credits
or discounts from the Affiliate or for Referred Customers who have joined a
business opportunity program that is managed or participated in by the
Affiliate, unless JAVA has provided written permission.
Affiliates whom we believe may be artificially submitting Referred Customers,
engaging in the advertisement of business-opportunity sites (as determined by JAVA
in its sole discretion), using marketing practices that we deem to be unethical
or likely to attract fraudulent signups and/or signups with a very low
likelihood of renewal.
JAVA reserves the right to immediately cancel or withhold for later review any
Commission Fee based on the foregoing or that otherwise fails to meet the
Criteria. It is the responsibility of the Affiliate to monitor the payment,
denial and withholding of Commission Fees; JAVA is not obligated to actively
notify Affiliates of the status of Commission Fees. If an Affiliate has a
question about a Commission Fee that has been cancelled or withheld, that
Affiliate has 30 days from the day the payment was due to contact JAVA to
discuss or reclaim the Commission Fee. Any changes to decisions about cancelled
or withheld Commission Fees are strictly at JAVA's discretion.
Commissions for any Referred Customer who is associated with any JAVA reseller,
referral or other program may be removed from your payment. In other words, You
may not receive double commissions or compensation.
In the event that the Referred Customers that are referred to JAVA by a
specific Affiliate are determined to have an excessive cancellation rate (as
determined by JAVA in its sole discretion), JAVA reserves the right to withhold
or decline pending and future Commission Fees for the Affiliate.
Any attempt by an Affiliate to manipulate, falsify or inflate Referred
Customers, Qualifying Purchases or Commission Fees to intentionally defraud JAVA
or violation of any of the terms of this Agreement constitutes immediate
grounds for JAVA to terminate this Agreement and will result in forfeiture of
any Commission Fees due to you.
4. Commission Fee Accrual and Payments
Subject to the terms of this Agreement, we will pay a Commission Fee equal to
the specified percentage or dollar amount set forth in the Commission Report in
Your Affiliate Console on a Qualified Purchase by a Referred Customer which
occurs during the month for which such Commission Fee is being calculated.
Commission Fees will be processed approximately 15 to 30 days after the end of
the month in which they accrued.
5. Merchant.com Rights and Obligations
JAVA reserves the right to terminate this Agreement and your participation in
the JAVA Affiliate Program immediately and without notice to you should you
commit fraud in your use of the JAVA Affiliate Program or should you abuse this
program in any way. If such fraud or abuse is detected, JAVA shall not be
liable to you for any commissions for such fraudulent sales.
This Agreement will begin upon our acceptance of your Affiliate application,
and will continue unless terminated hereunder.
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. In such event, you will be notified by email. Modifications
may include, but are not limited to, changes in the payment procedures and JAVA’s
Affiliate Program rules. If any modification is unacceptable to you, your only
option is to end this Agreement. Your continued participation in JAVA’s
Affiliate Program following the posting of the change notice or new Agreement
on our site will indicate your agreement to the changes.
8. Access to Affiliate Account Interface
You will create a password so that you may enter Refersion.com’s secure affiliate
account interface. From their site you will be able to receive your reports
that will describe our calculation of the commissions due to you.
9. Promotion Restrictions
You should know that certain forms of advertising are always prohibited by JAVA.
For example, advertising commonly referred to as "spamming" is
unacceptable to us and could cause damage to our name. In addition, you may not
advertise in any way that effectively conceals or misrepresents your identity,
or your return email address. You may use mailings to customers to promote JAVA
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. At all times, you must clearly represent yourself as independent from
JAVA. 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
JAVA Affiliate Program. Any pending balances owed to you will not be paid if
your account is terminated due to such unacceptable advertising or
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 JAVA’s site (i.e., no page
from our site or any JAVA content or branding is visible on the end-user’s
screen). As used herein, “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 engine (search engines being, but not limited
to, Google, MSN, Yahoo, Overture, AltaVista, Hotbot and similar search or
directory engines); (c) set commission tracking cookies through loading of
Merchant site in IFrames, hidden links and automatic pop ups that open JAVA’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
10. Grant of Licenses
We grant to affiliate a non-exclusive, non-transferable, revocable right to (i)
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 JAVA’s Affiliate
Program. You agree that all uses of the Licensed Materials will be on behalf of
JAVA and the good will associated
therewith will inure to the sole benefit of JAVA.
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.
JAVA MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES REGARDING THE JAVA WEB SITE OR THE PRODUCTS OR SERVICES PROVIDED THEREIN, ANY IMPLIED WARRANTIES OF JAVA’S 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.
12. 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.
13. 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 MERCHANT.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.
You hereby agree to indemnify and hold harmless JAVA and Our 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 Affiliate herein, or (iii) any claim
related to Affiliates site, including, without limitation, its development,
operation, maintenance and content therein not attributable to JAVA.
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 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 JAVA. 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.
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.
This Agreement shall be governed by and interpreted in accordance with the laws
of the State of New York without regard to the conflicts of laws and principles
You may not amend or waive any provision of this Agreement unless in writing
and signed by both parties.
This Agreement represents the entire agreement between us and you, and shall supersede
all prior agreements and communications of the parties, oral or written.
The headings and titles contained in this Agreement are included for
convenience only, and shall not limit or otherwise affect the terms of this
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.