Our affiliate partners 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 for our mutual benefits and intimate partnership. We have written following affiliate agreement with you in mind, as well as to protect our company Spicy Tribe Inc.’s good name. So please bear with us as we take you through this legal formality.
WHEREFORE, Spicy Tribe, Inc., Consignor of certain items more particularly described hereinafter and the partner for and in exchange of good and sufficient consideration and the mutual promises and undertakings for this Spicy Tribe K-Beauty/Living Goods Affiliate Program Agreement (“Agreement”) do agree as follows:
In this agreement, “you,” “your,” and “yours” refer to the affiliate partner and “we,” “us,” or “our” refers to consignor, Spicy Tribe Inc. and its websites and properties.
To be eligible for the Program, you must be identified as a U.S. citizen or permanent residence of U.S. because of United States authorized employment regulation. Additionally, you should submit accurate and complete contact and payment information and accept these Agreement. If you are under 18, you are also required to provide guardian’s information and their agreements.
2. Rights and Obligations
2.1. We have the right to monitor and review your social network accounts 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 posts that is made for our products if we feel it should be made. If you do not make the changes to your posts that we feel are necessary, we reserve the right to terminate your participation in the Spicy Tribe K-Beauty Affiliate Program.
2.2. Spicy Tribe Inc. reserves the right to terminate this Agreement and your participation in the Spicy Tribe K-Beauty Affiliate Program immediately and without notice to you if you try to commit fraud in your use of Spicy Tribe K-Beauty Affiliate Program or if you abuse this program in any way. If we detect such fraud or abuse, Spicy Tribe Inc. shall not be liable to you for any commissions for such fraudulent sales.
2.3. This Agreement will begin upon you sign this Agreement form and will continue unless terminated hereunder.
Either you or we may end this Agreement at any time by giving 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 condition sin this Agreement at any time at our sole discretion. In such event, we will notify you about the changes by email. Modification may include, but are not limited to, changes in the payment procedures and Spicy Tribe Inc. rules. If any modification is unacceptable to you, only option you can take is to end this Agreement.
Spicy Tribe Inc. pays you via a PayPal account. If the PayPal email changes, it is the responsibility of the affiliate to notify the Affiliate Program to ensure proper commission payments. We will only resend payments returned due to incorrect payment email addresses once.
6.1. You will deliver the agreed number of posts on the agreed platforms according to the posting schedule specified by us. The posts shall conform to the specifications and guidelines that are provided by us, abide by the rules of the relevant social media platforms.
6.2. Once you upload the posts relevant to our products on your social media account or/and platform, you grant the rights to utilize and modify those posts to us and our affiliated brands.
7. Promotion Restriction
7.1. You are free to promote your promotion posts on your social accounts, but you should know that certain forms of advertising/promotion are always prohibited by Spicy Tribe Inc. For example, advertising commonly referred to as “spamming” is unacceptable to us and could cause damage to our company name. At all times, you must clearly represent yourself and your social accounts. 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 Spicy Tribe K-Beauty Affiliate Program. Any pending balances owed to you will not be paid if your account is terminated dues to such unacceptable spamming.
7.2. Your all social media posts, blog posts, tweets, and/or comments should be in good taste and free of inappropriate language and/or any content promoting bigotry, racism, or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age.
8. Promo Coupon Codes
If you are enrolled in Spicy Tribe K-Beauty Affiliate Program, you must adhere to our Promo Coupon Code Guidelines as follows:
8.1. You may only advertise promo coupon codes that are provided to you by us.
8.2. Promo coupon code must be displayed in their entirely with the full offer, valid code.
8.3. You may not be paid commissions for sales generated without a corresponding valid coupon code. Coupon codes that are not real or not specific may not considered valid codes and you will not be given commission on these orders.
9. Operations Outside United States
You are not allowed to conduct business in or taking orders from persons in other countries.
10. Order Fulfillment
Spicy Tribe Inc. will be solely responsible for processing every order placed by a customer via your affiliate coupon promo code. You are not authorized to collect payments or sell any Spicy Tribe Inc. products from other websites as a “reseller” and no “resale” rights are granted in any way. You are not authorized to sell any of these products on eBay, or other auction sites. All rules, policies, and operating procedures concerning customer orders and services can be changed at any time. Prices and availability of our products and services may vary from time to time. Spicy Tribe Inc. policies will always determine the price paid by the customer.
11. Commission Structure
To be eligible to earn a commission, a customer must insert your valid promo coupon code for their purchases. Purchases will be commissioned as follows:
Commissions may change at the discretion of Spicy Tribe Inc., and if you are found to be in violation at any time of our program policies, commission may be forfeited.
12. Approval and Content Origination
You understand that all promotions and products you promote as part of this Agreement are controlled by us. You assume all responsibility for verifying that the campaign materials used meet our approval.
13. Confidentiality and Exclusivity
During the course of your performance of services for us, you may receive, have access to and create documents, records, and information of a confidential and proprietary nature to us. You acknowledge and agree that such information is an asset of Spicy Tribe Inc. and is not generally known to the trade, is of a confidential nature and, to preserve the goodwill of us and our clients must be kept strictly confidential.
14. Side Effects
You should always check the ingredients for products given to you to avoid potential allergic reactions. We are liable to request an indemnification for your allergic reactions or any other skin-related problems to the brands only when you accompany official doctor’s note or medical certificate that proves it is because of the given products. Otherwise, we apologize we cannot ask any indemnification for such skin reactions to our affiliate brands.
Misleading address information may cause delay or cancellation upon delivery, so you must be responsible with providing a right address information and we cannot promise an indemnification for delayed or cancelled delivery.
16. Product Disclosure
Material disclosures and compliance with FTC Guidelines. Your statements should always reflect the honest and truthful opinions and actual experiences. You should only make factual statements about our products which you know for certain are true and can be verified.
17. Governing Law
All matters arising out of or relating to this Agreement are governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule (whether of the State of Illinois or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Illinois.
18.1. 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 Spicy Tribe Inc. 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, blog or/and social network accounts that reasonably would contradict anything in this Section.
18.2. 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.
18.3. This Agreement shall be governed by and interpreted in accordance with the laws of the State of Illinois without regard to the conflicts of laws and principles thereof.
18.4. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties.
18.5. This Agreement represents the entire agreement between us and you, and shall supersede all prior agreements and communications of the parties, oral or written.
18.6. 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.
18.7. 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.