Affiliate Program Terms & Agreement

LAST UPDATED ON 13th may 2022

We are so thrilled to welcome you into the Empower Yourself with Data Shop Affiliate Program

These terms are a binding agreement that you should read carefully and refer back to as you share our offers to your audience through your affiliate link(s).

If you have any questions, please contact us at affiliates@prikruijen.com

We will refer to you as “Affiliate” throughout these terms.

As an Affiliate, you expressly agree to be bound by all of the following terms:

As an Affiliate, you are solely responsible for the results of your actions and any actions of your subcontractors, contractors, employees, assigns, partners, interns, externs and volunteers

The affiliate program ONLY supports activity that results in sending purchase referrals to Brilliantly Visible. Commissions will NOT be approved if they are suspected or proven to originate outside your affiliate link, even if the customer uses your link to purchase. Specifically, affiliate links on “coupon code” sites will not be approved for commissions attributed to said site(s)

Affiliate is an independent contractor of Brilliantly Visible. Affiliate is responsible for their own business operation and expenses, including securing or paying any licensing fees, insurance, taxes (including FICA or other local taxes as applicable to your country, province, state or territory), registrations or permits. Company is not responsible for paying for any benefits, Workers Compensation, insurance or unemployment fees to Affiliate

Affiliate agrees to keep a working email address for payments on file. It is not Brilliantly Visible’s responsibility to track down an Affiliate to make a payment to Affiliate

Brilliantly Visible will make reasonable attempts to pay Affiliate for up to 90-days using Affiliate’s provided information. If Brilliantly Visible is unable to contact Affiliate during this period through reasonable efforts,
Affiliate will forfeit any payments owed to them

Affiliate agrees to cooperate with fulfilling Brilliantly Visible’s requests for all tax information necessary to maintain Affiliate’s relationship with Brilliantly Visible

Affiliate has full legal capacity to agree to these Terms. To be clear, Affiliate is of age in Affiliate’s location to enter into contracts and collect payments, and is of sound mind (i.e. not inebriated or otherwise unable to make decisions on Affiliate’s behalf)

Affiliate agrees to receive emails regarding this affiliate program

Affiliate agrees to review these Terms at least annually or when updates are made to these Terms or attached privacy policy. Brilliantly Visible may make reasonable updates to these Terms at any time without notice to Affiliate.

These affiliate Terms are effective immediately upon signing up for Brilliantly Visible’s affiliate program, and shall continue until terminated as described here

Affiliate can leave this affiliate program at any time but will continue to be bound to these Terms as applicable

Affiliate shall return or discontinue use of any and all intellectual property, registered or unregistered, at the time of termination

Affiliate expressly agrees not to do any of the following activities:


Additional Circumstances

Violation of these terms will result in immediate termination without notice and forfeiture of commissions earned, paid or unpaid 

Affiliate will be responsible and agrees to pay any actual damages suffered by Brilliantly Visible due to Affiliate’s violation of these terms

VIOLATION OF AFFILIATE TERMS OR ENGAGING IN PROHIBITED ACTIONS

● Impersonate any other person, business or organisation upon signup; or

● Publicly share any affiliate program details, login information or other materials about or originating from this affiliate program; or

● Purposely purchase from Affiliate’s own link. Any such purchases will be disapproved for commissions; or

● Use any part of this affiliate program or these Terms to build Affiliate’s own program or
affiliate Terms; or

● Send spam mail or otherwise violate the GDPR or any other applicable current or new spam laws; or

● Register and/or use domains with the wording: "Brilliantly Visible" "Pri Kruijen" "Empower Yourself with Data" or any of its other properties, or any similar term contained within such domains; or

● Bid on or otherwise attempt to acquire any rights in Brilliantly Visible or any of its other properties for copyrights, service marks, or trademarks; or

● Promote Brilliantly Visible or any of its other properties on or through any sites with inappropriate content, as determined by Brilliantly Visible; or

● Promote Brilliantly Visible and the Empower Yourself with Data template shop using paid advertising 

● Engage in any conduct that is likely to impair or cause damage to the operation of Brilliantly Visible or the Brilliantly Visible website whether by way of a virus, corrupted file or through use of any other software or program; or

● Engage in any wilful conduct that is likely to impair or cause damage to the reputation of , either directly or indirectly, as determined at the discretion of Brilliantly Visible

UNIQUE AFFILIATE LINK AND PORTAL ACCESS

Affiliate is provided a unique referral link and tracking metrics, all of which are located in Affiliate’s portal

Affiliate’s login details are unique and private to Affiliate. Affiliate agrees to keep these details confidential

COMMISSION DETAILS

Affiliate earns a commission if their unique referral link is the last click from a customer that leads to a purchase within a 60-day period

Affiliate earns a commission at a standard rate of 30% when someone makes a purchase using Affiliate’s unique referral link

Commission amounts are the cost of the total cart value less any discounts, refunds and chargebacks 

Some products have additional upsell options that include 1:1 services or license agreements which are not include as part of this affiliate agreement. Commission is only paid out on the dashboard template itself


PAYOUT DETAILS

Affiliate sales will qualify for payout after 14 days after customer’s purchase with Affiliate’s link. All payouts are delivered via PayPal

There is no minimum payout threshold before a payout will be made, regardless of when the sales in the payout were earned by Affiliate

MAXIMUM DAMAGES

Affiliate agrees that the maximum amount of damages they are entitled to in any claim arising out of or relating to this Agreement or services provided in this Agreement are not to exceed Party’s total cost spent or earned on producing content or work products for the Affiliate Program

INDEMNIFICATION

Parties agree to indemnify and hold harmless the other Party and its employees, agents and independent contractors for any injury, property damage, liability, claim or other cause of action arising out of or related to the Affiliate Program

ASSUMPTION OF RISK

Parties and related parties/ participants expressly assume the risk of participating in the Affiliate Program as described in this Agreement. Parties understand that some or all parts of any Affiliate Program purpose could involve unknown risks or variables, and Parties and any related persons Parties are respectively responsible for and assume the risk of conducting themselves properly given the circumstances

NO INCOME GUARANTEE

We make no income/financial claims, nor guarantee of any kind regarding the potential income that can be generated through your participation in this affiliate program

OWNERSHIP OF PROPERTY

All contracts, photographs, copyrights, trademarks, designs, intellectual property, website(s), graphics, images, legal documents, financial accounts, insurance, software accounts and other related business documents, including content created only for the purpose of fulfilling these affiliate Terms remains the property of the contributing party. The non-contributing party hereby receives a non-exclusive, revocable license to any listed property only for the purpose of fulfilling the Terms of this Agreement, unless otherwise declared to and agreed in writing by Brilliantly Visible

LAW AND JURISDICTION

These terms and any claim or dispute arising in relation to any purchase will be governed by English law

We agree that the courts of England and Wales shall have non-exclusive jurisdiction to settle any such claim or dispute

SEVERABILITY

If any portion of these affiliate Terms is deemed to be illegal or unenforceable, the remaining provisions of these affiliate Terms remain in full force and effect

MERGER

These affiliate Terms constitute the final, exclusive agreement between the Affiliate and Brilliantly Visible on the matters contained in this Agreement

Brilliantly Visible Ltd is incorporated and registered in England and Wales with company number 11538725 and trades under the name Pri Kruijen


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