Affiliate Agreement

Affiliate Agreement

This affiliate agreement (the “Agreement”) is made by and between My Matcha Life™ Products Inc. (“My Matcha Life™”) and you as an affiliate using this service. You must agree to abide by the terms and conditions stated herein in order to participate. Please read carefully before registering and participating as an affiliate. By registering with My Matcha Life™, you indicate your acceptance of this affiliate agreement and its terms and conditions.

AFFILIATE AGREEMENT

  • You may place our merchant banners anywhere on your website or within non-spam emails.
  • We may email you concerning new merchant programs.
  • We may occasionally update or revise our affiliate service.
  • Adult, hate or other such oriented websites are not permitted to participate in this agreement.
  • You will be paid commissions at such time as your account balance equals $100 or more.
  • All related statistics are collected by My Matcha Life™ and will be the only valid determinants used to calculate your commissions.
  • Any page that contains My Matcha Life™ links, banners, or code must be written and displayed in English.
  • As an affiliate, you are permitted only one (1) account. You can list multiple domains, but only one account is allowed.
  • Self-referrals are strictly prohibited.
  • Your physical address for receiving mailed checks MUST be your actual address. The use of mail forwarding services is forbidden.
  • You will not hold My Matcha Life™ liable for anything.
  • My Matcha Life™ does not endorse, or accept any responsibility for, the content or use of any website or domain related entity that is not mymatchalife.com.
  • You must participate as a top-level domain name: i.e., no generic free website services allowed.
  • You cannot refer yourself to My Matcha Life™ and receive a commission.

LINK PLACEMENT

  • You WILL NOT SPAM. We will forever terminate your account upon the very first spam related offense.
  • You may place our banners and/or links in your newsletters, on your website, or within other appropriate web related content.
  • My Matcha Life™ banners or links posted to newsgroups, chat rooms, ICQ, message boards, banner networks, hit farms, counters, online guestbooks, etc. are NOT allowed.
  • My Matcha Life™ banners or links placed in “Desktop” advertising schemes, including any and all 3rd party advertising platforms that use desktop applications to display ads in any form, are NOT allowed.
  • The display of any My Matcha Life™ window or frame that is not the result of a direct click by the end-user is NOT allowed.

ABANDONED ACCOUNTS

Abandoned affiliate accounts (inactive for six months or more) will be subject to an assessed $25 monthly service fee. Once the inactive account balance equals zero dollars, the account will be terminated. At no time will an affiliate ever owe monies to My Matcha Life™ based on service fees.

FRAUD

Fraud is a serious offense and will be treated as such. Fraud is any action that intentionally attempts to create sales, leads, or click-throughs using robots, frames, iframes, scripts, or the manually “refreshing” of pages, or other non-approved practices, for the purpose of creating commissions. Any fraud or attempted fraud will result in the immediate termination of your account and loss of commissions.

TERMINATION
Failure to abide by these rules could lead to: a) your termination from the My Matcha Life™ affiliate program, and b) the complete forfeiture of any and all commissions.

PRIVACY POLICY

My Matcha Life™ Products Inc. respects the privacy of its users and will not lease, sell or otherwise disclose your personal information without your written permission. Please direct any questions to matcha@mymatchalife.com.

DEFINITIONS

Performance Marketing
Occurs when individual websites that generate their own traffic (“affiliates”) partner with online merchants and the merchant pays a commission or reward for referred visitors that purchase the merchant’s products.

Affiliate
An individual or business generating their own traffic and thus rewarded for legitimate merchant sales.

Merchant
An e-commerce entity (mymatchalife.com) paying a commission for legitimate referred customer sales.

Visitor
Any user that clicks an ad banner that is located on an affiliate’s website and links to the merchant’s website.

Commission
Monies paid to the affiliate per referred customer sale. The sale may occur during the customer’s first referred visit to the merchant’s website, or during any subsequent visit within a period determined by the merchant. Should a sale occur after the period has expired, and the visitor has not returned via the affiliate’s website, then no commission is paid.

Payout
The amount of commissions paid to the affiliate defined as a percentage (%) of total sales less any applicable shipping fees and/or taxes during a specified period.

Link
A hyperlink placed on an affiliate’s website that, when clicked, sends the visitor to the merchant’s website. Links may be presented as any text, images, buttons, banners or videos acceptable to the merchant.

Void
A reversal of any payout or commission earned for a sale that is later rescinded or corrected by the merchant for reasons of returned merchandise, duplicate transactions, fraud, or other valid concerns.

Your Account
A specific account within the My Matcha Life™ affiliate program where your commissions are credited and assigned to you.

AFFILIATE PAYMENTS

Affiliates receive commissions for each sale realized by My Matcha Life™ as the result of visitors accessing the My Matcha Life™ website via a link placed by the affiliate (i.e., on his or her website). Registrants must first be approved by My Matcha Life™ in order to become an affiliate of this program. Affiliates understand that Payout amounts may be changed at any time. Affiliates are responsible for determining if and when Payouts are changed or discontinued. Payments are made once monthly but only if the affiliate’s account balance is $100 or more. Money credited affiliate accounts do NOT accrue interest. In the event a sale becomes VOID, My Matcha Life™ may recover the corresponding commission previously credited to the affiliate’s account. The VOID commission may be deducted from the affiliate’s current or future account balance. Affiliates will NEVER be asked to send money to My Matcha Life™.

EMAIL CONTACT

My Matcha Life™ reserves the right to send e-mail to our affiliates with information regarding changes or additions to this service or My Matcha Life™ products and/or services.

CHANGES TO THE SERVICE

My Matcha Life™ reserves the right to modify, add or remove portions of this Agreement at any time and may add to, change, suspend or discontinue any aspect of the Service at any time.

REGISTRATION

To register as a My Matcha Life™ affiliate, you must be at least 18 (eighteen) years of age and supply valid identification if and when requested. The following types of websites are NOT allowed to participate in this affiliate program:

  • Sites that display pornographic or adult content
  • Sites that display pornographic or adult banners
  • Sites that promote violence, bigotry or hatred
  • Sites that promote or participate in any illegal activity

As a registrant of the My Matcha Life™ affiliate program you:

  • Must select a username and password combination and provide accurate, complete and up-to-date registration information.
  • Must not select the name of another person with the intent to impersonate that person or deceive members or other users as to your true identity.
  • Agree that My Matcha Life™ may rely on any data, notice, instruction or request furnished to us by the registrant which is reasonably believed to be genuine and to have been sent or presented by a person reasonably believed to be authorized to act on your behalf.
  • Shall notify My Matcha Life™ by e-mail at matcha@mymatchalife.com of any known or suspected unauthorized uses of your Account, or any known or suspected breach of security, including loss, theft or unauthorized disclosure of your username and password.
  • Are responsible for maintaining the confidentiality of your username and password and for all activity on and use of your Account including third-party use authorized by you.

Any fraudulent, abusive or otherwise illegal activity may be grounds for termination and referral to the appropriate law enforcement agencies.

ACCEPTED USE

You represent to My Matcha Life™ that all content you provide us is solely owned by you or provided by you with the expressed authority of the company you represent, does not infringe upon any other individual’s or organization’s rights (including, without limitation, intellectual property rights) and is not defamatory, libellous, unlawful or otherwise objectionable. You shall not provide, promote, distribute, place or otherwise publish as an affiliate of My Matcha Life™ any content or website that includes content, which is libellous, defamatory, obscene, pornographic, abusive, fraudulent or violates any law. As My Matcha Life™ may not review all information provided by you, you shall remain solely responsible for your content and website. As an affiliate, you may not artificially inflate traffic counts to the My Matcha Life™ website using any device, program, robot or other means, including but not limited to JavaScript pop-up windows and redirects. You may not click on your own banners and/or links. Links may not be placed in newsgroups, unsolicited e-mail, ICQ, banner networks, counters, chatrooms or guestbooks. Any Link placed must be done in such a way that it is not misleading to any Visitor and done with the intention of delivering valid sales to My Matcha Life™ for that Link. Points or reward programs for click or lead programs are NOT allowed. My Matcha Life™ RESERVES THE RIGHT TO DEEM ANY SITE INAPPROPRIATE AND TERMINATE THE SITE AS A MEMBER OF My Matcha Life™. If you are terminated from the service, My Matcha Life™ has the right to withhold money you earned within the service or money that you owe within the service and you will not be allowed to re-join My Matcha Life™.

LIMITED WARRANTY

This service, its operation, use and the results of such use shall be performed in a workmanlike manner. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, My Matcha Life™ DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICE, ITS USE AND THE RESULTS OF SUCH USE. WITHOUT LIMITING THE FOREGOING, My Matcha Life™ SPECIFICALLY DISCLAIMS ANY WARRANTY (A) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS, (D) THAT THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT, OR (E) REGARDING CORRECTNESS, ACCURACY, OR RELIABILITY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. My Matcha Life will make reasonable commercial efforts to keep its transaction service operational during normal business hours. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The affiliate understands and acknowledges that it is normal to have a certain amount of system downtime and further agrees not to hold the Merchant liable for any of the consequences of such interruptions. My Matcha Life™ SHALL HAVE NO LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF ANY WEBSITE OF THE AFFILIATE OR THE AFFILIATE’S DATA FILES OR SYSTEMS OR PROGRAMS THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES. My Matcha Life™ SHALL HAVE NO LIABILITY WITH RESPECT TO MERCHANT OBLIGATIONS HEREUNDER OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES EVEN IF My Matcha Life™ HAS BEEN NOTIFIED OF SUCH DAMAGES. ANY LIABILITY OF My Matcha Life™ HEREUNDER SHALL BE LIMITED TO THE REVENUE EARNED BY My Matcha Life™ AS A DIRECT RESULT OF THIS AGREEMENT.

LIMITATION OF LIABILITY

My Matcha Life™ SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER ARISING OUT OF THE USE OF OR INABILITY TO USE THE My Matcha Life™ SERVICE OR ANY INFORMATION PROVIDED ON THE My Matcha Life™ WEBSITE OR ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, EVEN IF My Matcha Life™ OR A My Matcha Life™ AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE WEBSITE OR ANY HYPERLINKED WEBSITE.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, My Matcha Life™’s LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW. THIS PARAGRAPH WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.

You agree that My Matcha Life™, although the provider of the service, has no responsibility or liability as a result of your placement of authorized links from your website, and you and My Matcha Life™, jointly and severally agree to indemnify, defend, and hold harmless My Matcha Life™ and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to any offer or any other matter related to this Agreement or the subject matter hereof and any dispute relating thereto. My Matcha Life™ agrees to indemnify, defend, and hold harmless the affiliate and its affiliates, officers, directors, employees and agents from and against any and all liability, claims, losses, damages, injuries or expenses (including reasonable attorneys’ fees) directly or indirectly arising from or relating to My Matcha Life™’s negligence or willful misconduct in performance of the Services or its breach of this Agreement.

NON-DISCLOSURE

My Matcha Life™ acknowledges that in the course of this Agreement it shall have access to confidential and proprietary information (“Confidential Information”) of your company. My Matcha Life™ agrees not to disclose or disseminate the Confidential Information without Your prior expressed written consent. The term “Confidential Information” shall not include information that is or becomes part of the public domain through no action or omission of My Matcha Life™, that becomes available to My Matcha Life™ from third parties without knowledge by My Matcha Life™ of any breach of fiduciary duty, or that My Matcha Life™ had in its possession prior to the date of this Agreement. My Matcha Life™ does not collect information about a Merchant’s customer transactions, other than what is passed to us through the installed tracking code and displayed on your transaction reports. Any information we receive is used solely for tracking and commission payment purposes. My Matcha Life™ reserves the right to be able to utilize this data in aggregate to analyze this service’s trends, monitor its efficiencies, and perform such other analysis as My Matcha Life™ deems appropriate.

OWNERSHIP AND LICENSES

You, the affiliate, are granted a non-exclusive, limited, revocable right to use My Matcha Life™ provided trademarks and banners. All images, technology and content provided for your use is and shall remain the sole property of My Matcha Life™, and no part thereof shall be deemed assigned or licensed to you except as explicitly provided for herein. All intellectual property rights, including trademarks, copyrights, patent rights or applications, tradenames and service marks related to the foregoing shall remain the Merchant’s sole property, including rights in and to any derivatives thereof. You may not modify the trademarks, banners, the content or any of the images provided to you in any way. My Matcha Life™ may immediately terminate your license to use the marks if My Matcha Life™ reasonably believes that such use dilutes, tarnishes or blurs their value. You acknowledge that your use of the marks will not create in you, nor will you represent that you have, any right, title or interest in or to the marks other than the license granted by My Matcha Life™. You will not challenge the validity of or attempt to register any of the marks or your interest therein as a licensee, nor will you adopt any derivative or confusingly similar names, brands or marks or create any combination marks with the marks. You acknowledge My Matcha Life™’s ownership and exclusive right to use the marks and agree that all goodwill arising as a result of the use of the marks shall inure to the benefit of My Matcha Life™.

REPRESENTATIONS

My Matcha Life™ makes no representations whatsoever about any other website which you may access through this service. In addition, a link to a non-My Matcha Life™ website does not mean My Matcha Life™ endorses or accepts any responsibility for the content or the use of such website.

NON-ASSIGNABILITY

The affiliate or My Matcha Life™ may assign this Agreement to any successor or affiliate upon notice to the other party and mutual agreement between both parties.

FORCE MAJEURE

Neither party shall be liable here-under by reason of any failure or delay in the performance of its obligations hereunder on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action, labor conditions, earthquakes or any other cause which is beyond the reasonable control of such party.

JURISDICTIONAL ISSUES

This Agreement shall be governed by USA law (except for conflict of law provisions). The exclusive forum for any actions brought in connection with this Agreement shall be in the state of Washington and federal courts in and for the State of Washington, USA and you hereby consent to such jurisdiction. The application of the United Nations Convention on the International Sale of Goods is expressly excluded.

MISCELLANEOUS

This Agreement represents the complete agreement concerning this license and may be amended only by a writing executed by both parties. THE ACCEPTANCE OF ANY PURCHASE ORDER PLACED BY YOU IS EXPRESSLY MADE CONDITIONAL ON YOUR ASSENT TO THE TERMS SET FORTH HEREIN, AND NOT THOSE IN YOUR PURCHASE ORDER. If any provision of this Agreement is held to be unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable.

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