Laowa Affiliate Program Agreement
THIS AGREEMENT contain the complete terms and conditions that apply to an individual or entity’s participation in the Laowa Affiliate Program (the “Program”). This Agreement is made and entered into by and between Anhui Changgeng Optics Technology Co., Ltd (“Laowa”), and you. As used in this Agreement, “we/us/our” means Laowa and “you” means the applicant specified in the Application, as that term is defined below. “Site” means a World Wide Web site.
We may reject your Application for any reason whatsoever, including, but not limited to our determination (in our sole discretion) that your Site is unsuitable for the Program (“Unsuitable Site”). Unsuitable Sites include, but are not limited to, those that a. contain or link to nudity or pornography or promote sexually explicit materials; b. promote violence; c. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; d. promote illegal activities; e. infringe intellectual property rights of ours, or otherwise violate the rights of any third party: f. contain, in our sole judgment, material that is defamatory, fraudulent, or harassing to us or any third party; or promote the use of any pyramid or similar schemes. If we reject your Application, you are welcome to reapply to the Program at any time.
Only items that were purchased by customers who use the Laowa Affiliate Link from your site to the Laowa Website are considered direct sales (“Direct Sales”).” Direct Sales placed through the Laowa Affiliate Link on your site are reduced by items that are not shipped, cancelled by customers, returned, charged back or refunded at a later date. We reserve the right to exclude items ordered by you (using the Laowa Affiliate Link which would otherwise qualify for Direct Sales) and to not pay commissions for them, if we deem it necessary, in our sole and absolute discretion, to prevent abuse of the Laowa Affiliate Program, or to reject orders that do not comply with any requirements that we periodically may establish. Laowa will be responsible for processing orders and will handle all customer service issues. We will track sales by customers who purchase products by using the Laowa Affiliate Link from your site to the Laowa Website. A statement of activity is available to you on Laowa Website.
Commissions for direct sales are earned in the following manner:
Direct Sales Commissions – 10%
When the total commissions due to you exceed one hundred U. S. dollars ($100.00) at the end of any calendar month, we will send the commissions via Paypal for the applicable commissions (less any taxes required to be withheld under applicable law). Such commission will be sent approximately thirty (30) days after the end of any calendar month in which accumulated earned commissions exceed one hundred U.S. dollars ($100.00). If at the end of any calendar month earned commissions are less than one hundred U.S. dollars ($100.00), such earned commissions will be disbursed once they exceed one hundred U.S. dollars ($100.00). If your participation in the Laowa Affiliate Program terminated and your commissions are less than one hundred U.S. dollars ($100.00), such commissions shall be forfeited.
Term of Agreement
The term of this Agreement will begin upon our acceptance of your Laowa Affiliate Program application and will end when terminated by either party. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party written notice of termination. Upon the termination of this Agreement for any reason, you will immediately cease use of, and remove from your site, all links to the Laowa Website, and all of our trademarks, trade dress, and logos, and all other materials provided by or on behalf of us to you pursuant hereto or in connection with the Laowa Affiliate Program. You are eligible to earn commissions only on sales of qualifying products that occur during the term, and commissions earned through the date of termination will remain payable only if the related orders are not canceled or returned. We may withhold your final payment for a reasonable time to ensure that the correct amount is paid.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a change notice or a new agreement on the Laowa Website. Modifications may include, for example, changes in the scope of available commissions, commission schedules, payment procedures, and Laowa Affiliate Program rules. If any modification is unacceptable to you, your only recourse is to terminate this agreement. Your continued participation in the Laowa Affiliate Program following our posting of a change notice or new agreement on the Laowa Website will constitute binding acceptance of the change.
LIMITATION OF LIABILITY
IN NO EVENT SHALL LAOWA’S LIABILITY EXCEED THE COMMISSION FEES PAID TO YOU WITHIN THE PREVIOUS TWELVE (12) MONTHS IN NO EVENT SHALL LAOWA BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO THE LAOWA AFFILIATE PROGRAM EVEN IF LAOWA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.