|Conversion action||Online purchase with processed valid payment|
|Cookie days||90 days|
|Commission type||Percent of Sale|
|Additional terms||40% commission for all qualifying retail consumer sales.|
This agreement (the "Agreement) is made between Kapu Maku, LLC dba Populum.com (the "Company"), and the Affiliate, and collectively, the "Parties") for participation in The Company's affiliate program. If Affiliate does not want to participate in the affiliate program, please disregard the following agreement.
Affiliate wishes to include certain materials promoting Company, and to include a link to Company's website within those materials on Affiliate's website; NOW THEREFORE, in consideration of the mutual promises, covenants, warranties, and other good and valuable consideration set forth herein, the Parties agree as follows:
Promotional Materials: Company shall make available to Affiliate certain banner advertisements, button links, text links, and/or other graphic or textual material for display and use on the Affiliate website (the "Promotional Materials"). Affiliate shall display the Promotional Materials on Affiliate's website prominently and as Affiliate sees fit, provided that the manner of display shall be subject to the terms and conditions of this Agreement. Affiliate shall also include a link from the Promotional Materials to Company's website, as specified by Company.
Use of Promotional Materials: The Affiliate's use and display of the Promotional Materials on the Affiliate's site shall conform to the following terms, conditions and specifications:
License: Company hereby grants to Affiliate a nonexclusive, nontransferable license (the "License") to use the Promotional Materials as specified under the terms and conditions of this Agreement. The term of the License shall expire upon the expiration or termination of this Agreement.
Intellectual Property: Company retains all right, ownership, and interest in the Promotional Materials, and in any copyright, trademark, or other intellectual property in the Promotional Materials. Nothing in this Agreement shall be construed to grant Affiliate any rights, ownership or interest in the Promotional Materials, or in the underlying intellectual property, other than the rights to use the Promotional Materials granted under the License, as set forth in Section 3.
Relationship of Parties: This Agreement shall not be construed to create any employment relationship, agency relationship, or partnership between Company and Affiliate. Affiliate shall provide services for Company as an independent contractor. As such, Affiliate will provide the Company with an accurate tax identification number. The tax identification number can be submitted during the enrollment process or by submitting IRS Form W9. Affiliate shall have no authority to bind Company into any agreement, nor shall Affiliate be considered to be an agent of Company in any respect.
Commissions: In exchange for Affiliate's display of the Promotional Materials, and for Affiliate's compliance with and performance of the terms and conditions of this Agreement, Company shall pay to Affiliate a commission (the "Commission") in the amount of a percentage of product sold to a user that accesses Company's website through a link on Affiliate's website. The current percentage posted is 40%. This percentage is subject to change by the Company at any time. Notification to Affiliate of any change in commission percentage will be given by Company at the email address on hand for the Affiliate. Commission will be based on purchases made by a user. Company shall keep accurate and up-to-date records of the data used to determine the total amount of Commissions owed to Affiliate. Affiliate shall be given reasonable access to these records upon request, and is available through the affiliate area on the member page at https://mypopulum.refersion.com/affiliate/registration . Any discrepancy between the amount of Commissions owed according to these records, and the actual amount of Commissions paid to Affiliate in any period or periods shall be rectified by Company within 14 days of discovering such discrepancy.
Commissions are paid on a monthly basis. The pay period ends on the last day of the month. Commissions are held for a period of 5 days from the end of the pay period to protect Company in the event of any fraud that may occur. If on any Commission Payment Date, the amount of total Commissions accrued and payable to Affiliate is less than $50.00, then such accrued and payable balance may be held over to the following month, and paid together with the Commissions due for that month.
In the event that Affiliate materially breaches this Agreement and Company terminates this Agreement within 30 days of such breach, then any accrued and payable Commissions owing to Affiliate shall be forfeited, and Company shall not be obligated to pay such Commissions to Affiliate.
Affiliate's Representations and Warranties. Affiliate represents and warrants the following:
Affiliate has the legal authority to enter into this Agreement and to be bound to the promises, covenants, and other duties set forth in this Agreement. Affiliate's website does not contain any materials that are:
Sexually explicit, obscene, or pornographic; Offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise); Indicative of product’s suitability to diagnose, treat, or cure any disease; Graphically violent, including any violent video game images; or Solicitous of any unlawful behavior.
Affiliate has obtained any necessary clearances, licenses, or other permission for any intellectual property used on Affiliate's website. Nothing on Affiliate's website infringes upon the intellectual property rights of any person or entity. No person or entity has brought or threatened an action claiming such infringement, nor does Affiliate have any reason to believe that any person or entity will bring or threaten such a claim in the future.
Affiliate will not use the Promotional Materials in any manner other than those set forth in Section 2 above. Affiliate will not make any claim to ownership of the Promotional Materials, or of the copyright, trademark, or other intellectual property therein. Affiliate will not make any health claims, nor any assurances that Company products are a cure or treatment for any disease or health condition.
Affiliate will not publish or otherwise distribute any advertising materials for Affiliate's website that reference the Company or Company's website unless Company gives prior written consent to the distribution of such materials. Affiliate will not use Company's name (or any name that is confusingly similar to Company's name) for any purpose on its website, in its promotional materials, or in any other context except to promote Company's website as specified in this Agreement.
Affiliate will not engage in the distribution of any unsolicited bulk emails (spam) in any way mentioning or referencing Company or Company's website. If the Company confirms the affiliate has promoted any of its products via spam, the company will immediately invalidate all current sales and terminate the affiliates account without notice. Notice of any violation of CAN-SPAM shall result in the forfeiture of any due commissions, and immediate termination of the affiliate.
Trademark and pay per click advertising restrictions: Affiliate agrees that it shall NOT: engage in cybersquatting tactics, including but not limited to, registering a domain that incorporates the Company's name or that is confusingly similar to Company's name, domain squatting, trademark squatting, and misspellings of Merchant Trademarks; engage in any keyword bidding on any Merchant Trademarks, misspellings, or similar terms on Pay-Per-Click campaigns run on these search engines: Google, Bing, and Yahoo; use any Merchant Trademark or any variation thereof as part of the display URL in these Search Engines or like marketing campaign without the prior written consent of Merchant. For any other forms of promotion, Affiliate can either do a redirect to our site using Affiliate's unique tracking link, or use a landing page that makes it clear that you are a third party (e.g. Affiliate cannot simply copy our home page and pretend to be the Company). Any misrepresentation of the Company's websites or companies will result in immediate expulsion from the program.
Affiliate shall not cause any Transactions to be made that are not in good faith, including, but not limited to, using any device, program, robot, i-frames, or hidden frames.
Indemnification: Affiliate shall indemnify Company and hold harmless Company from any claim, damage, lawsuit, action, complaint, or other costs arising out of any breach of Affiliate's warranties set forth in Section 7 above. Affiliate shall also indemnify and hold harmless Company for any damage, loss or other cost arising out of the use or misuse by Affiliate of the Promotional Materials. Affiliate shall indemnify Company for attorney fees in the event of any CAN-SPAM violation resulting in litigation.
Confidentiality: Any information that Affiliate is exposed to by virtue of its relationship with Company under this Agreement, which information is not available to the general public, shall be considered to be "Confidential Company Information." Affiliate may not disclose any Confidential Company Information to any person or entity, except where compelled by law, unless Affiliate obtains prior written consent for such disclosure from Company.
Term: This Agreement shall take effect immediately, and shall remain in full force and effect indefinitely, or until terminated pursuant to this Agreement. Either Party shall have the right to terminate this Agreement at any time and for any cause.
Taxes: Company shall not be responsible for any taxes owed by Affiliate arising out of Affiliate's relationship with Company as set forth in this Agreement. Company shall not withhold any taxes from the Commissions paid to Affiliate. Affiliate is not an employee of Company, and no taxes shall be due or withheld by the Company on behalf of the Affiliate.
Limitation of Liability: Company shall not be liable for any loss of profits or costs, or for any direct, indirect, special, incidental or consequential damages, including costs associated with the procurement of substitute goods or services (whether Company was or should have been aware or advised of the possibility of such damage), arising out of or associated with any loss, suspension or interruption of service, termination of this Agreement, use or misuse of the Promotional Materials, or other performance of services under this Agreement.
Counterparts: This Agreement may be executed in several counterparts, each of which shall constitute an original and all of which, when taken together, shall constitute one agreement.
Severability: If any part or parts of this Agreement shall be held unenforceable for any reason, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement is deemed invalid or unenforceable by any court of competent jurisdiction, and if limiting such provision would make the provision valid, then such provision shall be deemed to be construed as so limited.
Headings: The headings for section herein are for convenience only and shall not affect the meaning of the provisions of this Agreement.
Entire Agreement: This Agreement constitutes the entire agreement between Company and Affiliate, and supersedes any prior understanding or representation of any kind preceding the date of this Agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.
We collect information from you when you place an order, subscribe to our newsletter, respond to a survey or fill out a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
Any of the information we collect from you may be used in one of the following ways:
The email address you provide for order processing, may be used to send you information and updates pertaining to your order, in addition to receiving occasional company news, updates, related product or service information, etc.
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. As such, we cannot promise, ensure, or warrant the security of any information that you may provide to us. We likewise do not accept liability for unintentional disclosure or data breach.
We will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored “personal data” (as defined in applicable state statutes concerning security breach notifications) to you via email or conspicuous posting on the Site as promptly as possible, and without unreasonable delay, taking into account the legitimate needs of law enforcement or any measures necessary to determine the scope of the breach and/or to restore the reasonable integrity of the affected data system.
When Visitors or Customers send email inquiries to our company, the return email address is used to answer the email inquiry we receive. Our company does not use the return email address for any other purpose and does not share the return email address with any third party.
If you are a Visitor or Customer, we may use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your customer information. Additionally, be aware that if you visit other Web sites where you are prompted to log in or that are customizable, you may be required to accept cookies.
Advertisers and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.
The Site does not knowingly target children under the age of 16, and Populum does not collect Personal Information from any child under the age of 16. If we learn that any such information has been provided to us via the Site, we will delete or destroy it. If you believe that Personal Information about your child or another child under the age of 16 has been transmitted through the Site, please contact us.
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
If you are a California resident, please review these additional privacy disclosures, which provide a summary of how we collect, use, and disclose personal information about you and explain your rights under California law.
Populum is not a California corporation and does not have offices or conduct significant business operations in the State of California. Populum provides these notices purely for informational purposes to California residents, and does not waive its right to dispute jurisdiction over it by any California regulatory authority or court.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about our product must be addressed to our proper corporate agent for notice and sent via email to: [email protected]. Pursuant to California Civil Code Section 17200 and Section 17500, Populum expressly requires that pre-litigation notice of any UCL claim be served on the proper Corporate Agent prior to the filing of any Summons or Complaint.
We may collect the following categories of personal information, as described in What Information Do We Collect in section above:
Under the California Consumer Privacy Act ("CCPA"), California residents have the right to request access to or deletion of their personal information, to request additional details about our information practices, to opt out of the "sale" of personal information, if applicable, and to not be discriminated against. You may exercise these rights by clicking here or calling 855.872.2772. If you have additional questions or need help exercising your rights, you may email us at [email protected]. Please note that California law requires us to verify the requests we receive from you when you exercise certain of the rights listed above. We (or third parties we engage to assist us) may ask you to provide certain information to us in order for us to verify the request.
In addition to these rights, pursuant to California’s “Shine the Light” law, California residents who share personal information with us have the right to request and obtain from us once per year, free of charge, a list of the third parties to whom we have disclosed their personal information (if any) for direct marketing purposes in the prior calendar year, as well as the type of personal information disclosed to those parties. If you would like to exercise this right, please use the contact information listed in this section to contact us.
In order to exercise these rights, you will need to verify your identity to protect your security and personal information. Note that even if we honor your request to delete your information, we may retain certain information as required or permitted by law.
Our company reserves the right to revise, amend, or modify this policy, our Terms Of Service agreement, and our other policies and agreements at any time and in any manner, by updating this posting.