Partner Program Agreement
By enrolling in the Newsoulcollection.com Affiliate Program, you agree with Newsoulcollection.com (sometimes referred to below as "we" or "us") as follows.(Collectively, you and we may be referred to below as the "parties" and each individually as a "party.")
1. Tracking Referrals: We will assign you a unique Newsoulcollection.com URL i.e.,(www.Newsoulcollection.com/mystudioname) in order to track the sales that you generate through the customers that you refer to us. You may link to the URL on your website by means of a text link or a banner ad supplied by us. In order for you to be eligible for a commission on any purchase (including future purchases by a repeat customer), the customer must log in to Newsoulcollection.com through your unique URL and complete the purchase before logging out. Because of the difficulty verifying other purchases by customers you refer to us, we will not pay commissions unless this method is used. Finally, please note that you may only earn commissions by referring customers to Newsoulcollection.com.
2. Commissions: You will receive a commission equal to a percentage of the sales price of each item, not including sales tax or shipping. We reserve the right to provide refunds and price adjustments in our commercially reasonable discretion. If we provide a refund or price adjustment for a sale on which we paid a commission to you (for customer returns or any other reason), we will adjust your commission on a pro-rata basis. You agree that we may offset the reduction against future commissions payable to you. You also agree that commissions are determined by earnings tracked through Newsoulcollection.com reporting. Commissions may be redeemed for either cash (payable in Indonesia currency) or Newsoulcollection.com store credit. Participants may track commissions and redeem them by logging onto their account: http://www.newsoulcollection.com/myaccount.asp. In order to redeem cash, your account balance must be at least IDR 300.000,- . To redeem Newsoulcollection.com store credit, there are no payout minimums. We issue cash and store credit payments on a monthly basis,
3. Important Matters for Participant: Be courteous and polite when you are promoting Newsoulcollection.com. Any affiliate using illegal or unethical marketing methods, including (but not limited to) unlawful email spam, will be immediately terminated from the program. The Affiliate Program is void where prohibited.
4. Trademark Protection: For purposes of this Agreement, the "Marks" mean and include the following: Newsoulcollection.com, the associated logo, and any components or variations thereof. You understand and agree that:
You shall make no use of any Mark except in the form and with the graphics authorized in advance by us.
You shall not adopt or use any name, mark, logo, insignia or design that is, or is likely to be, confusingly similar to or could cause deception or mistake with respect to any of the Marks.
You shall not attack the validity of any of the Marks or of our title to any of the Marks at any time, whether during or after the term of this Agreement.
You shall not apply for (or aid or abet others to apply for) registrations in the United States or in any foreign country of any mark or design which includes the Marks (or any variations of them), alone or in combination.
The goodwill resulting from your use of the Marks (as well as any variations of the Marks) shall inure to our benefit.
5. Keywords and Domain Names:You shall not purchase or register domain names that include the Marks or any variations and misspellings of the Marks. Furthermore, you shall not purchase or bid on search engine keywords, AdWords, search terms, or other identifying terms (whether for use in a search engine, portal, sponsored advertising service or other search or referral service) that include the Marks, any components of the Marks, or any variations and misspellings of the Marks. By way of example, but not limitation, you shall not:
Bid on or purchase any keyword string that includes a Mark, such as "Newsoulcollection.com Yoga gear", "Newsoulcollection.com apparel", etc...·
Bid on or purchase a search term containing a variation of a Mark, such as "newsoul", "new soul collection", "www.newsoul.com", "www.Newsoulcollection.com", "www,Newsoulcollection.com",etc.
Bid on or purchase a domain name that includes a Mark or a misspelled variation of a Mark.
6. Tracking Tags: If you have a website, we will issue tracking tags and similar code to your system ("Assets"). The Assets help us track the commissions owed you and also provide us with information that is vital to the success of the Affiliate Program. You agree to use the Assets as instructed and not to corrupt, modify or disable any of the Assets.
7. Indemnification: You agree to indemnify, defend and hold us (and our officers, directors, employees and agents) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from your actions.
8. Termination: Either party may terminate this Agreement at any time and for any reason or no reason.
9. Discounts, Terms of Sale, and Warranties: You understand and agree that you are not authorized to offer any discounts, vary our terms of sale, or make any representations or warranties about the products that we sell.
10. Prohibited Content: You agree, while you participate in the newsoulcollection.com Affiliate Program, not to promote or distribute (whether by means of a website or otherwise) any content that is libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, or that offers or promotes any illegal good(s) or service(s).
11. Prohibition on Coupon Code/Discount Promoters: We do not permit any promoters of coupons or other discounts (including, but not limited to, those who operate over the internet) to join our affiliate program. No commissions shall be payable to any such parties.
12. Prohibition on Search Engine Advertising: You agree, while you participate in the Newsoulcollection.com Affiliate Program, not to promote our products by purchasing "pay per click" or other advertising on internet search engines (including, but not limited to, Google® and Yahoo®). By way of example (but not of limitation), you specifically agree not to link your unique Newsoulcollection.com URL to any internet address that is promoted by means of paid advertising to any internet search engine. No commissions shall be payable on account of any sales generated in violation of this provision.
13. Independent Contractor Relationship: You enter into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances may you look to us as your employer, nor as a partner or agent. You shall not be entitled to the benefits, if any, that may be accorded to our employees, including (but not limited to) worker's compensation, disability insurance, retirement program contributions, medical or dental insurance, overtime, travel expenses, per diem expenses, vacation, or sick pay. You have no authority to (a) act on our behalf, or (b) make or accept any offers or representations on our or our affiliates’ behalf. You agree to comply with all applicable laws and regulations that apply to the referral of customers to us. You agree to pay all taxes attributable to the commissions paid to you by us.
14. Interpretation: Unless the context clearly requires otherwise, all references in this Agreement to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words "shall," "will," or "agrees" are mandatory, and the word "may" is permissive; the word "or" is not exclusive; and the words "includes" and "including" are not limiting. Headings are provided for convenience only and shall not be considered in interpreting this agreement. If any provision of this Agreement is found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised, as the situation may require. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. We may assign our rights and duties under this Agreement in our sole discretion. You may not assign your rights or duties under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to this Agreement.
15. Modification and Termination:You may withdraw from the Affiliate Program at any time and for any reason. We may amend or terminate this Agreement at any time, with or without notice, and for any reason. Any amendment shall become effective when posted on our website. By participating in the Affiliate Program after an amendment has become effective, you agree to the terms and conditions of the amendment. If you do not agree to the terms of an amendment, you must withdraw from the Affiliate program.