Join our affiliate program!
Join our affiliate program!
|Level||Minimum order value||Commission value|
THE MASKSHEETS REFERRAL PROGRAM
TERMS & CONDITIONS
The Masksheets Referral Program Terms & Conditions (this “Agreement”) supersedes and replaces in its entirety any and all prior agreements (written or verbal) or understandings between you, the enrolling referrer (hereinafter referred to as “Masksheets,” “you,” or “your”), and TSF NY INC and its parent, subsidiary and affiliate entities (hereinafter referred to collectively as “Masksheets,” “Brand,” “Company,” “we,” “us,” or “our”) and sets forth the Terms and Conditions of the current Masksheets Referral Program and defines the relationship between you and Masksheets, including, without limitation(the “Site”), where we make available our products for purchase (the “Products”). By agreeing to be a Masksheets Affiliate, you agree to be bound by the terms and conditions of this Agreement and all other terms incorporated herein by reference.
a. You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, participate in the Masksheets Referral Program. We may, in our sole discretion, deny any person’s or entity’s participation in the Masksheets Referral Program and change our eligibility criteria at any time without any prior notice to you.
c. We continually test new features, functionalities, services, user interfaces and Products that we are considering incorporating into or providing through our Site. We reserve the right to include or exclude you from these tests without any notice to you.
d. Due to tax regulation, we only accept affiliates who live in the United States.
d. Due to tax regulation, we only accept affiliates who live in the United States.
a. You may register for participation in the Masksheets Referral Program on the Site (the “Registration”). You must provide accurate and complete information requested for the Registration.
b. Any omissions from the requested Registration information or any incomplete information thereof may be a cause to reject your request to become a Masksheets.
c. Registration alone does not guarantee participation in the Masksheets Referral Program nor receipt of any Product(s) or merchandise or any commission from Masksheets.
3) Independent Contractor:
You understand and agree that, as a Masksheets Affiliate, you are solely an independent contractor of Masksheets, and you are not an employee, agent, partner, legal representative, joint-venturer or franchisee of Masksheets. You also understand that you are not, and will not be treated as, an employee of Masksheets for any purpose whatsoever, including but not limited to, federal or state tax purposes, unemployment benefits or worker’s compensation or similar insurance. You expressly and unconditionally understand and agree that Masksheets is not responsible for your withholding or any other kind or form of taxes (local, provincial, state, federal or otherwise), and shall not withhold or deduct any taxes from any compensation or commission you may receive from Masksheets, unless such withholding becomes required by an applicable law, rule or regulation. We will issue you a 1099 form if your aggregate commission for the taxable year requires us to do so under all applicable tax codes, rules and regulations, and you agree to provide us with a completed W-9 form upon request.
a. No Guarantee of Income. You fully understand and agree that your participation in the Masksheets Referral Program does not guarantee at any time that you will make any amount of income or commissions or be profitable in your efforts as a Masksheets Affiliate, and Masksheets has never made any representations to the contrary. You fully understand and agree that you shall not represent to others, either directly or indirectly, that a Masksheets Affiliate is guaranteed an income or will derive profits from his/her efforts hereunder. You fully understand and specifically acknowledge and agree that your income hereunder, if any, is dependent solely and exclusively on your Attributed Sale (as hereinafter defined) of Masksheets Products to the end-user/customer, as further described below.
b. Commission Based on Attributable Sale. Masksheets utilizes an Attributed Commission structure. Attributable Commissions are earned as follows: (i) a Masksheets Product is purchased by an end user customer only via the Site, and (ii) such purchase is directly attributable to the Masksheets Affiliate’s link or code (an “Attributable Sale”). In the event of any such Attributable Sale, the Masksheets Affiliate is eligible to earn a percentage of the net sales order as calculated by Masksheets (hereinafter referred to as an “Attributable Commission and communicated at the time of onboarding. If the Masksheets’s code is used alone without the associated Masksheets link, Masksheets is not able to guarantee the Attributable Commission. If there is an unexplainable uptick in the use of a Masksheets Affiliate's code or link, subject to Masksheets’s approval, Masksheets will pay the Masksheets Affiliate the maximum Attributable Commission earned in the past thirty (30) days. Attributable Commissions will be paid to Masksheets Affiliate on a 30-day payment cycle once the aggregate commission from the Attributable Sale reaches $50 for the applicable payment cycle (hereinafter referred to as a “Commission Payout”). When a Product is returned to Masksheets for a refund, is repurchased by Masksheets, or a chargeback or void occurs, the Attributable Commission earned as a result of the corresponding sale will be deducted from the subsequent Commission Payout.
5) General Conduct:
a. As a participant in the Masksheets Referral Program, you will conspicuously identify yourself as an independent contractor in all advertising, telephone directory listing, promotional material, social media postings, and other forums in which you promote Masksheets’s Products or services, the Masksheets business and/or the Brand. You understand that you are responsible for the content of all material that you produce, including the Photos and Videos (as hereinafter defined) and any music contained therein, and all of your postings on any social media site, as well as all posting on any media, platform, site or medium that you participate in, own, operate or control.
b. You hereby agree and acknowledge that you shall diligently and in good faith safeguard and promote the good reputation of: (i) Masksheets, its equity-holders, directors, officers, agents, advisors, attorneys, and employees, and (ii) Masksheets, Masksheets Products, retailers and the Brand. You shall not engage in any conduct that may damage, derogate or lessen in any way the goodwill, reputation, brand, management personnel or business or Products of Masksheets.
c. You also expressly and unconditionally agree to avoid all deceptive, misleading, unethical, discriminatory, harassing, obscene, illegal, immoral, criminal, and negative conduct or practices, and to exhibit high moral character and integrity in your personal and professional conduct at all times. You understand and acknowledge that any breach of the foregoing as determined in Masksheets’s sole discretion may result in your termination as a Masksheets Affiliate at any time. While you and Masksheets both understand it is impossible to specify all misconduct, you expressly and unconditionally acknowledge and agree that the following list of conduct and standards specifically apply to and govern your activities:
● You will at all times keep strictly confidential any Masksheets information shared with you that is or likely would be deemed to be confidential or proprietary, and upon the termination of the Masksheets Affiliate Referral Program or your termination as a Masksheets Affiliate will return or permanently destroy such information immediately.
● You expressly and unconditionally represent, warrant, and agree that you shall offer the Products only through the Site and under the Masksheets Affiliate Referral Program and shall not, directly or indirectly, offer Masksheets Products for sale or fulfill sales/orders of such Products through any other website or other electronic site, platform service, or otherwise without the prior written consent of Masksheets, which can be granted solely through execution by Masksheets or a separate and distinct agreement.
● YOU SHALL NOT MAKE ANY REPRESENTATIONS, STATEMENTS, WARRANTIES OR CLAIMS OF ANY NATURE WHATSOEVER, AT ANY TIME, IN ANY FORM OF COMMUNICATION, RELATING TO MASKSHEETS, ITS PRODUCTS OR BRAND, OR THE INCOME THAT MAY BE DERIVED FROM YOUR POSITION AS A MASKSHEETS AFFILIATE, SAVE AND EXCEPT FOR THE FOLLOWING:
1. THE EXPRESS REPRESENTATIONS AND CLAIMS PUBLISHED BY MASKSHEETS ON ITS COMPANY AND/OR BRAND WEBSITE; OR 2. THE EXPRESS REPRESENTATIONS AND CLAIMS PUBLISHED BY MASKSHEETS ON THE PRODUCT PACKAGING.
6) User Content:
a. With respect to Photos and Videos, Submissions (as hereinafter defined), and any content or other materials you provide to Masksheets (collectively, the “User Content”), you hereby represent and warrant that you own all right, title and interest in and to such User Content (or have a right to use such User Content), including, without limitation, all copyrights and rights of publicity contained therein, and that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Content that you know, or has a reason to know, is infringing, false, misleading, untruthful, inaccurate, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
b. Masksheets may pull content from Masksheets Affiliate who share photos and videos (and any music contained in such videos) on any social media platform using our brand hashtags, including, without limitation, #masksheets, #masksheets4me, #masksheetscom, #masksheets_com and #masksheetsaffiliate (collectively, the “Masksheets Hashtags”), or tagging the @masksheets_com account in a social media caption or social media post (collectively, “Photos and Videos”). You acknowledge and agree that the Photos and Videos may be used in Masksheets’s or Masksheets’s retail partners’ retail stores and locations and emails and on the Site, and you hereby grant us a worldwide, perpetual, unlimited and royalty-free permission to use and authorize others to use your name or social media handle in association with the Photos and Videos for identification, publicity related to the Masksheets Referral Program and similar promotional purposes, including after your termination as a Masksheets Affiliate or the termination of the Masksheets Referral Program. You represent and warrant that the posting and use of your Photos and Videos, including to the extent such Photos and Videos include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
c. By submitting any User Content you hereby grant and will grant Masksheets and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Content and any name, username, likeness, voice or photograph provided in connection with your User Content, without compensation to you, in connection with the operation of the Site or the promotion, advertising or marketing of the Product, Masksheets or the Brand, in any form, medium or technology now known or later developed, and including after your termination as a Masksheets Affiliate or the termination of the Masksheets Affiliate Referral Program. For clarity, the foregoing license does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to Masksheets without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights or any other intellectual property or proprietary rights.
d. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information that you provide to Masksheets (collectively, “Submissions”) are non-confidential, and Masksheets will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without your acknowledgment, agreement or compensation. You acknowledge and agree that Masksheets may preserve User Content and may also disclose User Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process, applicable laws or government requests; (ii) enforce this Agreement; (iii) respond to claims that any User Content, Photos and Videos or Submissions violates the rights of third parties; or (iv) protect the rights, property, or personal safety of Masksheets, our users and the public.
7) Use of Personal Information & Commercial Electronic Messages:
8) Confidential Information:
“Confidential Information” means all confidential or proprietary information, documents, and materials of Masksheets, whether printed or in machine-readable form or otherwise, and whether disclosed, either directly or indirectly, in writing, orally or by inspection of tangible and intangible objects, including, but not limited to, products, future product ideas, product development, marketing and branding plans or practices, advertising, trade secrets, know-how, formulas, processes, prototypes, samples, techniques, pricing methods or information, sales reports, details of contracts, discount policies, market research, promotional information, financial information, methods of operation, inventions, business plans, customer and prospective customer lists, customer and prospective customer information, supplier and vendor identities, including sources of supplies, characteristics and agreements and information concerning Masksheets’s employees, services, products and operations and information relating to the services used and preferred by Masksheets’s clients, and any intellectual property information, including but not limited to, (a) the identities, contact information and /or sales information relating to Masksheets Affiliate, customers, partners and/or suppliers that is contained in or derived from any Masksheets Affiliate’s User Content in any form or medium; or (b) any such Confidential Information that is derived from any reports issued by Masksheets to you as a participating Masksheets Affiliate in the Masksheets Affiliate Referral Program; or to which you would not otherwise have access or would not otherwise have acquired, but for your relationship with Masksheets as a Masksheets Affiliate. Confidential Information shall not be directly or indirectly disclosed by you (or any person or entity acting on your behalf) to any third party and shall not be used for any purpose other than the participation in the Masksheets Affiliate Referral Program in compliance with the terms of this Agreement. Confidential Information shall not, however, include any information which (i) was publicly known and made generally available in the public domain prior to the time of disclosure by Masksheets; (ii) becomes publicly known and made generally available after disclosure by Masksheets to you through no action or inaction of you; (iii) is already in your possession, through no unauthorized disclosure by a third party, at the time of disclosure by Masksheets as shown by your files and records immediately prior to the time of disclosure; (iv) is obtained by you from a third party without a breach of such third party’s obligations of confidentiality; (v) is independently developed by you without use of or reference to Masksheets’s Confidential Information, as shown by documents and other competent evidence in your possession; (vi) is required by law to be disclosed by you, provided that you give Masksheets prompt written notice of such requirement prior to such disclosure and assistance in obtaining an order protecting the information from public disclosure.
You understand and agree that Masksheets, in its sole discretion, may terminate the Masksheets Affiliate Referral Program at any time for any or no reason by giving you written notice of such decision (email acceptable). In addition, you understand that Masksheets may immediately terminate you as a Masksheets Affiliate for any reason, including any breach of any term or condition of the Masksheets Referral Program, and you understand that in any such termination due to your breach, Masksheets has the right, in its sole discretion, to pursue any and all legal and/or equitable remedies against you. You also understand and agree that you may terminate your participation as a Masksheets Affiliate under this Agreement for any reason at any time by giving Masksheets written notice to. Upon the earlier of: (a) the termination of the Masksheets Affiliate Referral Program; or (b) your termination as a Masksheets Affiliate either by you or Masksheets, you hereby expressly and unconditionally understand and acknowledge that (i) you will immediately and permanently lose all benefits and privileges available to you as a Masksheets Affiliate, including, but not limited to, rights to the User Content, Submissions, Attributable Commissions, and other compensation, other than those which have become due and payable (taking into account any deductions from commissions due to returns, chargeback, etc.) prior to or on such termination; (ii) you shall cease performing and holding yourself out as being a Masksheets Affiliate and cease any form of communication relating to Masksheets’s Products, retailers, manufacturers or the commissions that you may have derived from your participation in the Masksheets Affiliate Referral Program; (iii) you shall immediately discontinue using the Brand name, trademark and all other Brand related materials and information, including any and all Confidential Information and intellectual property, and all derivatives of such intellectual property, in postings on any media, medium, platform, website, or other promotional material; and (iv) you shall immediately return or destroy all Confidential Information.
10) Your Representations and Warranties:
You represent and warrant that: (a) you are at least 18 years of age; (b) your participation in the Masksheets Affiliate Referral Program does not violate terms of any agreement to which you are bound or any applicable laws, rules and regulations, and you shall not engage in any act or omission that constitutes a violation of any such agreements or applicable laws, rules or regulations; (c) you are and will be the sole author of the User Content, and if the User Content includes any Photos or Videos, you are the only person who appears in the Photos or Videos or you have the express authorization of any other person(s) in your Photos and Videos, if applicable; you are the photographer of the Photos or Videos or you have secured the rights from the photographer necessary to allow you to grant the rights granted herein to us; and if Videos contain any music, you have secured the rights to use any such music in your User Content; (d) the use of the User Content, the Photos or Videos or Submissions as permitted hereunder will not violate or infringe upon the rights of any third party; (e) you have the full and exclusive right and authority to enter into this Agreement; (f) there is nothing in your personal background that that may reflect negatively on Masksheets if any of the User Content, the Photos or Videos or Submissions is used in Masksheets’s advertising; and (g) the User Content, the Photos and Videos or Submissions represent fair, accurate, and truthful depictions of what is represented, and specifically: (i) any Products depicted are the actual Products, without any enhancement, alteration, or additional ingredients; (ii) any Products depicted are used in conformity with the instructions on the packaging; (iii) any demonstrations are depicted without any special effects or any other method which would enhance or alter the performance or appearance depicted; and (iv) the User Content, the Photos and Videos or Submissions are a fair representation of the actual performance and appearance of the Products as shown therein.
To the fullest extent allowed by law, you agree to release, discharge, defend, indemnify and hold harmless Masksheets and any of its equity-holders, officers, directors, employees, agents, representatives, successor and assigns (collectively, the “Released Parties”) from any liability, demand, claim, damage, judgment, cost, loss, expense and obligations of any kind (including reasonable attorneys’ fees), arising out: (a) use by any of the Released Parties of the User Content, the Photos or Videos (including any music contained therein) or Submissions, any information you provide in connection with any such materials, and your name, social media platform user name, performance, image (including, without limitation, any social media profile photo) and/or likeness for advertising, publicity, promotional and trade purposes; (b) your violation of any term of this Agreement; (c) a breach of your representations and warranties set forth herein; and (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property, right of publicity or privacy right). This indemnification obligation will survive the termination of this Agreement and any Released Party’s use of the User Content, the Photos or Videos or Submissions.
12) Risk & Limited Remedies:
a. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT BEING A MASKSHEETS AFFILATE IN THE MASKSHEETS AFFILATE REFERRAL PROGRAM INVOLVES SOME RISK. IF ANYTHING HAPPENS WHICH RESULTS IN LIABILITY OR LOSS TO YOU, YOUR REMEDIES AGAINST OR FROM MASKSHEETS ARE VERY LIMITED.
b. YOU FURTHER UNDERSTAND AND AGREE THAT ANY DISPUTE OR LIABILITY OR LOSS CLAIM(S), SHALL BE RESOLVED FIRST BY NEGOTATION WITH MASKSHEETS AND IF NEGOTIATION IS UNSUCESSFUL, THEN PARTIES SHALL ENGAGE IN BINDING ARBITRATION.
c. YOU UNDERSTAND, ACKNOWLEDGE AND ACCEPT THE FACT THAT BEING A MASKSHEETS AFFILATE IS COMPLETELY VOLUNTARY AND IF YOU ARE NOT COMFORTABLE WITH ANY ASPECT OF THE MASKSHEETS AFFILATE REFERRAL PROGRAM, INCLUDING BUT NOT LIMITED, TO THE RISK & LIMITED REMEDIES, YOU CAN AND MUST CHOOSE NOT TO BE A MASKSHEETS AFFILATE.
d. THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND YOU HEREBY KNOWINGLY, EXPRESSLY AND UNCONDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WAIVE AND RELEASE THE RELEASED PARTIES FROM, AND WILL NOT RELY ON THE RELEASED PARTIES IN ANY MANNER WHATSOEVER, FOR ANY AND ALL CLAIMS AND LIABILITY FOR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF MASKSHEETS’S PERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENTS. ADDITIONALLY, YOU HEREBY KNOWINGLY, EXPRESSLY AND UNCONDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WAIVE AND RELEASE THE RELEASED PARTIES FROM, AND WILL NOT RELY ON THE RELEASED PARTIES IN ANY MANNER WHATSOEVER, FOR ANY AND ALL CLAIMS AND LIABILITY FOR DIRECT DAMAGES IN EXCESS OF $100.00 USD.
13) Dispute Resolution:
a. If a dispute arises relating to any relationship, contractual or otherwise, between or among Masksheets, its officers, employees, members, agents, attorneys, partners, Masksheets Affiliates or vendors (“Party” or “Parties”), or arising out of any Products sold by Masksheets or you as a Masksheets Affiliate, the Parties agree to attempt in good faith to resolve any such dispute in an amicable and mutually satisfactory manner.
b. In the event such efforts are unsuccessful for any reason, either Party may serve a written notice of arbitration (the "Notice of Arbitration") on the other Party. Notice of Arbitration shall be personally delivered or sent by prepaid registered mail, courier, facsimile transmission, email or by such other means of telecommunication that provides a record of sending the Notice of Arbitration and shall be effective on receipt thereof by the Party to whom it is addressed. The Notice of Arbitration shall be dated, and, without prejudice to any right under the applicable rules permitting subsequent modifications, shall specify the claims or issues which are to be arbitrated. The Parties shall schedule an arbitration to occur in Queens County, State of New York, U.S.A. within 45 calendar days of receipt of the Notice of Arbitration.
c. THE PARTIES SPECIFICALLY AGREE THAT, IN ORDER TO PROMOTE TO THE FULLEST EXTENT REASONABLY POSSIBLE A MUTUALLY AMICABLE RESOLUTION OF THE DISPUTE IN A TIMELY, EFFICIENT AND COST-EFFECTIVE MANNER, THEY KNOWINGLY AND UNCONDITIONALLY WAIVE ITS/HIS/HER RESPECTIVE RIGHTS TO A TRIAL BY JURY AND SHALL SETTLE ITS/HIS/HER DISPUTE SOLELY BY SUBMITTING THE CONTROVERSY TO BINDING ARBITRATION IN ACCORDANCE WITH THE COMMERCIAL RULES OF JAMS PURSUANT TO ITS COMPREHENSIVE ARBITRATION RULES AND PROCEDURES AND PURSUANT TO JAMS' STREAMLINED ARBITRATION RULES AND PROCEDURES. JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION. THIS CLAUSE SHALL NOT PRECLUDE PARTIES FROM SEEKING PROVISIONAL REMEDIES IN AID OF ARBITRATION FROM A COURT OF APPROPRIATE JURISDICTION. EACH PARTY EXPRESSLY ACKNOWLEDGES THAT IT/HE/SHE HAD THE OPPORTUNITY TO DISCUSS THIS CLAUSE WITH AN ATTORNEY AND/OR A PROFESSIONAL OF THEIR CHOICE.
d. The Parties shall attempt to select a mutually agreeable arbitrator from JAMS’ Panel of Arbitrators. If the Parties cannot agree on an arbitrator or an arbitrator is not selected by agreement within five (5) business days of receipt of the Notice of Arbitration and paying of the filing fees, an arbitrator shall be selected in accordance with the Commercial Rules of JAMS.
e. The Arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §1 et. seq., and the judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction to enter the judgement. Either Party may elect to participate in the arbitration telephonically. Any substantive or procedural rights other than the enforceability of this Dispute Resolution Policy shall be governed solely and exclusively by New York law, without regards to New York’s conflict of laws principles.
f. The Parties agree that any arbitration proceeding will be conducted on an individual, not a class-wide, basis, and that any proceeding between the Parties may not be consolidated with another proceeding between one of the Parties and any other entity or person. THE PARTIES KNOWINGLY AND SPECIFICALLY WAIVE ANY RIGHT TO CLASS-WIDE TREATMENT OF ANY CLAIM COVERED BY THIS AGREEMENT AND DISPUTE RESOLUTION POLICY.
g. The Parties further expressly agree that (i) the arbitrator shall only reach his/her decision by applying strict rules of law to the facts, (ii) the arbitration shall be conducted in the English language, in Queens County, State of New York, (iii) the Party in whose favor the arbitration award is rendered shall be entitled to recover all costs and expenses of the arbitration, including, but not limited to, reasonable legal fees, expert or other professional fees, and the cost and expense of administration of the arbitration proceedings, and any costs and reasonable legal fees incurred in executing on or enforcing the arbitration award, and (iv) the arbitration award shall be issued in Queens County, State of New York, U.S.A.
h. The Parties, JAMS, and the arbitrator shall maintain the confidentiality of the entire arbitration process and may not disclose to any other person not directly involved in the arbitration process: (i) the substance of, or basis for, the controversy, dispute, or claim; (ii) the content of any testimony or other evidence presented at an arbitration hearing or obtained through discovery in the arbitration; or (iii) the terms or amount of any arbitration award. JAMS and the arbitrator shall have the authority to make appropriate rulings to safeguard confidentiality unless the law provides to the contrary.
i. Except as provided in the following sentences, no party shall be entitled to commence or maintain any action in a court of law upon any matter in dispute until such matter shall have been submitted and determined as provided herein and then only for the enforcement of such arbitration award. Provided that, notwithstanding this Dispute Resolution policy, either Party may apply to a court of competent jurisdiction in Queens County, State of New York, to seek injunctive relief before or after the pendency of any arbitration proceeding. The institution of any action for injunctive relief shall not constitute a waiver of the right or obligation of any Party to submit any claim seeking relief other than injunctive relief to arbitration. Judgment upon the award may be entered by the United States District Court or Queens County, State of New York, or application may be made to such court for the judicial acceptance of the award and order of enforcement, as the case may be, if the arbitrator's award or decision is not complied with within seven (7) calendar days of date the arbitrator's decision is issued.
j. Arbitration in accordance with the terms of this Dispute Resolution policy shall be the sole and exclusive procedure for resolution of disputes between the Parties, including any disputes that might arise after termination of this Agreement.
k. In any arbitration arising out of or related to this Agreement, the arbitrator(s) are not empowered to award punitive or exemplary damages, except where permitted by statute, and the Parties waive any right to recover any such damages. Furthermore, in any arbitration arising out of or related to this Agreement, the arbitrator(s) may not award any incidental, indirect or consequential damages, including damages for lost profits.
l. Notwithstanding the foregoing, any revision, modification, amendment to, or termination of the Dispute Resolution protocol contained in this Agreement shall not apply to a dispute of which has actual notice prior to the effective date of such revision, modification, amendment or termination. The effective date of any such revision, modification, amendment or termination shall be thirty (30) calendar days after the revision, modification, amendment or termination is posted on the Company website at.
13) Governing Law:
Jurisdiction and venue of any matter not subject to arbitration shall reside exclusively in Queens County, State of New York, or the United States District Court for the District of New York. The laws of the State of New York shall solely and exclusively govern all matters relating to or arising from this Agreement
Personal Information Controller
Any personal information provided to or gathered by UpPromote under this Privacy Notice will be stored and controlled by UpPromote (the data controller).
Information collected from Merchants
When merchant uses the app, we are automatically able to access certain types of information from your Shopify account such as email, first name, last name, shop information (shop domain, shop currency, shop address …). We collect this information to provide you with our Services; for example, to confirm your identity, contact you, provide customer support when you contact us, provide you with advertising and marketing activities.
Information collected from Affiliates
When an Affiliate signs up to join a program, we collect some information to inform merchants such as email, personal information, payment details and social network information,...The information would help merchant evaluate affiliate background and potential, along with process specific activities within the app and contact affiliate if needed.
Information collected from Customers when visiting merchant website
In order to track referral order, when customers visit merchant website and make a purchase, UpPromote system will collect information of order such as total order, order items, order ID,....
“Cookies” are data files that are placed on your device or computer and often include an anonymous unique identifier.
Cookies are created when a user's browser loads a particular website. The website sends information to the browser which then creates a text file. Every time the user goes back to the same website, the browser retrieves and sends this file to the website's server.
For more information about cookies, including how to disable them, visit allaboutcookies.org.
We may also disclose your personal information to any third party with your prior consent.
Use of UpPromote app by Children
UpPromote is not intended for children. If you are under 13, you may use the affiliate marketing system only with the supervision of your parent or guardian.
UpPromote understands that you have rights over your personal information, and takes reasonable steps to allow you to access, correct, amend, delete, port, or limit the use of your personal information. If you are using the system and wish to exercise these right, please contact us through firstname.lastname@example.org. We may require that you provide us with acceptable verification of your identity before providing access to such information.
If you are an affiliate and wish to exercise these rights, please contact the merchant you interacted with directly — we serve as a processor on their behalf, and can only forward your request to them to allow them to respond.