Terms & Conditions
AFFILIATE PROGRAM TERMS AND CONDITION
Please read and review this entire agreement. This
is a legally binding agreement between you (hereinafter “affiliate,” “you,” or “your”)
and Chorus Global Enterprises Inc. (DBA as Chorus Supernatural) (hereinafter
“Chorus,” “we,” “our,” or “us”). By filling out the Chorus Affiliate Program
application form, you acknowledge that you have read and agree with the
following terms and conditions and that you agree to be legally responsible for
each term and condition.
2.
Modification
We may modify any of the terms and conditions
within this Agreement at any time and at our sole discretion. These
modifications may include, but are not limited to, changes in the scope of
available commissions, referral fees, fee schedules, payment procedures and
Affiliate Program rules. If any of the modifications are UNACCEPTABLE TO YOU,
your only recourse is to terminate this Agreement. If you CONTINUE
PARTICIPATION IN THE PROGRAM, it will be considered as your acceptance of any
changes.
3. Enrollment
To enroll in the affiliate program, you must submit
an affiliate application through the www.chorussupernatural.com website and be approved. Applications are
processed every business day and applicants will be notified of their
acceptance status as soon as possible after their information is reviewed.
4. Affiliate
URL
You will be issued a special URL once you become an
approved member of the Chorus Affiliate Program which will be unique to you and
you only, and will allow you to be paid commission for referred customer
purchases through your affiliate URL.
5.
Commissions
Affiliates will receive 15% of the pre-tax revenue
as a commission from orders placed through their individual portals.
Commissions may change at the discretion of Chorus. Commissions are issued to
affiliates at the end of every month. To qualify for any commissions in a given
month, a minimum total sales volume of $200 CD must be reached through your
affiliate portal url for that month. Sales volume is calculated on revenue,
minus any taxes and shipping fees, and will re-set on the first of every month.
Any of your own online product purchases through your individual portal will
also count toward the $200 pre-tax monthly volume threshold and will be
included in the commissionable sales total for the month in which your personal
purchases are made.
For a sale to generate a commission to an Affiliate,
the customer must complete the order within the referring affiliate’s portal
and remit full payment for the product ordered through our secure order system.
Word of mouth referrals will not result in an affiliate commission being
generated. Commissions will only be paid on sales that are made through an
affiliate’s portal.
6. Payment
Chorus pays affiliates via cheque or PayPal. Cheques
will be sent to the address provided by an affiliate upon sign-up. Affiliates
can notify Chorus if they wish to receive commission payments via PayPal. If
the PayPal email linked to an affiliate’s account changes, it is the
responsibility of the affiliate to notify Chorus at info@chorussupernatural.com to ensure proper commission payments. We will only
resend payments returned due to incorrect payment email addresses once.
7. Order
Fulfillment
Chorus will be solely responsible for processing and
fulfilling every order placed by a customer via affiliate portals, links or
affiliate codes. Affiliates are not authorized to collect payments or sell any
Chorus products from other websites as a "reseller" and no
"resale" rights are granted in ANY way. Affiliates are not authorized
to sell any of these products on ebay, or other auction sites. Chorus will also
be solely responsible for all customer service inquires.
All customers who purchase products and services through
the Chorus Affiliate Program will be deemed to be customers of Chorus.
Accordingly, all rules, policies, and operating procedures concerning customer
orders and service will apply to those customers. We may change our policies
and operating procedures at any time. Prices and availability of our products
and services may vary from time to time. Chorus policies will always determine
the price paid by the customer.
8. Qualifying
Sites
Chorus reserves the right to refuse any site entry
into the Chorus Affiliate Program based on site content. Sites that do not
qualify for the Affiliate Program include sites which:
· Promote sexually explicit
materials
· Promote violence
· Promote discrimination
based on race, sex, religion, nationality, disability, sexual orientation, or
age
· Promote illegal activities
· List coupon codes or
discounts that were NOT officially provided to them by Chorus. You may NOT
promote coupon codes you may have found elsewhere online. Doing so can result
in the termination of your affiliate account and withholding of affiliate
payments for violating our affiliate agreement.
· Infringe or otherwise violate
any copyright, trademark, or other intellectual property rights of Chorus or
any other site.
9. Permitted
Usage
The following are permitted uses of the Chorus
brand and marketing resources
· Affiliates are permitted to
use graphical banners and design resources, provided that they are provided by
Chorus to that affiliate directly. The affiliate may contact Chorus at
info@chorussupernatural.com and request a banner graphic or other images. At
our sole discretion, Chorus will create and provide graphics to the affiliate
directly.
10.
Prohibited Usage
The following cases are prohibited and grounds for immediate
termination of the affiliate
account:
·
Affiliates MAY NOT use the
Chorus logo, logo marks or other Chorus website/branding imagery in a header
graphic or in any way as to indicate they are officially affiliated or partnered
with Chorus.
·
Affiliates MAY NOT use the
term "Chorus or Chorus Supernatural" in ANY variation in their site
URL or links from the auto-generated affiliate portal format: (https://chorussupernatural.com/affiliatename).
·
Affiliates MAY NOT promote
coupons that were not provided to them personally by Chorus. You may NOT
promote coupon codes you may have found elsewhere online. Doing so can result
in the termination of your affiliate account and withholding of affiliate
payments for violating our affiliate agreement.
·
Affiliates MAY NOT host or
promote "coupon stacking" sites where customers may combine coupons
to receive additional discounts.
·
Affiliates MAY NOT utilize
the Chorus or Chorus Supernatural word marks for social media accounts (e.g
MyChorusSupernatural on FB or Twitter)
11. Chorus Anti-Spam
Policy
Chorus strictly prohibits affiliates from using
spam e-mail and other forms of Internet abuse (including spamming forums,
blogs, Twitter, Facebook and other social media outlets) to seek sales. Spam is
defined as including, but not limited to, the following:
·
Electronic mail messages
addressed to a recipient with whom the sender does not have an existing
business or personal relationship or is not sent at the request of, or with the
express consent of, the recipient through an opt in subscription;
·
Messages posted to Usenet,
forums, comment sections, Twitter, Facebook and message boards that are
off-topic (unrelated to the topic of discussion), cross-posted to unrelated
newsgroups, posted in excessive volume, or posted against forum/message board
rules. Be aware of and respectful of forum rules. If a forum owner or moderator
complains that an affiliate has spammed, the affiliate account may be
permanently terminated after investigation.
·
Content posted on free blog
websites for the sole purpose of keyword spamming, or comments posted to
legitimate blogs that violate the comment policy of the blog owner.
·
Solicitations posted to
chat rooms, or to groups or individuals via Internet Relay Chat or
"Instant Messaging" system;
·
Certain off-line activities
that, while not considered Spam, are similar in nature, including distributing
flyers or leaflets on private property or where prohibited by applicable rules,
regulations, or laws.
Chorus, may undertake, at its sole discretion and
with or without prior notice, the following enforcement actions:
·
Account Termination: Upon
the receipt of a credible complaint, a Chorus representative may investigate
the complaint, and if necessary, terminate the affiliate account of the
individual implicated in the abuse. Termination results in the immediate
closure of the member and affiliate account, the loss of all referrals, and the
forfeiture of any unpaid money on account. At Chorus’s discretion, termination
may not only result in being banned from the affiliate program, but also being
banned from ANY other internal affiliate programs.
If you wish
to report a violation of our Anti-Spam Policy, please forward all relevant evidence to our customer service
department at info@chorussupernatural.com
12.
Relationship of Parties
Affiliates are independent contractors, and nothing
in this Agreement will create any partnership, joint venture, agency,
franchise, sales representative, or employment relationship between the
parties. Affiliates have no authority to make or accept any offers or
representations on behalf of Chorus. Affiliates will not make any statement,
whether on their sites or otherwise, that reasonably would contradict this
statement. Affiliates are solely responsible for filing required yearly income
tax returns and for accurately reporting all commissions received as part of
the affiliate program. Affiliates are solely responsible for any expenses that
they may incur as part of the affiliate program.
13. Term and
Termination
The term of this Agreement will begin when you
accept and will end when terminated by either party. Either Chorus or the
affiliate may terminate this Agreement at any time, with or without cause. Upon
the termination of this Agreement for any reason, all licenses granted
hereunder shall immediately terminate and you will immediately cease use of,
and remove from Affiliate's Web Site, all links to the Chorus websites, and all
Chorus trademarks and logos, other Chorus marks and all other materials
provided in connection with this program.
Chorus will not be liable for indirect, special, or
consequential damages (or any loss of revenue, profits, expenditures, or data)
arising in connection with this Agreement or the Program, even if we have been
advised of the possibility of such damages. Further, our aggregate liability
arising with respect to this Agreement and the Program will not exceed the
total commissions paid or payable to the affiliate under to this Agreement.
15. Governing
Law
This Agreement shall be governed by and
construed in accordance with the laws of the province of British Columbia. Venue
for any dispute arising from this agreement shall be British Columbia,
16. Assignment
You may not assign or delegate any of the rights or
obligations under this Agreement without the prior written consent of Chorus,
and any such attempted assignment or delegation shall be void. Chorus may
assign this agreement in its sole discretion upon providing notice to you.
Subject to the preceding sentence, this agreement is binding on and inures to the
benefit of the respective successors, heirs and assigns of each party.
17. Severability.
If any portion of this agreement is held by a court
with jurisdiction to be invalid or unenforceable, the remaining portions
hereof, shall remain in full force and effect. If any provision of this
Agreement shall be judicially unenforceable in any jurisdiction, such provision
shall not be affected with respect to any other jurisdiction.
18.
Disclaimers
We make no express or implied warranties or
representations with respect to the Affiliate Program or an affiliate's
potential to earn income from the Program. In addition, we make no
representation that the operation of the websites or the Affiliate links will
be uninterrupted or error-free, and Chorus will not be liable for the
consequences of any interruptions or errors.
19. Indemnification
You hereby agree to indemnify and hold harmless
Chorus, and its subsidiaries and affiliates, and their directors, officers,
employees, agents, partners, members, and other owners, against any and all
claims, actions, demands, liabilities, losses, damages, judgments, settlements,
costs, and expenses (including reasonable attorneys' fees) (any or all of the
foregoing hereinafter referred to as "Losses") insofar as such Losses
(or actions in respect thereof) arise out of or are based on (i) any claim that
your use of the affiliate trademarks infringes on any trademark, trade name,
service mark, copyright, license, intellectual property, or other proprietary
right of any third party, (ii) any misrepresentation of a representation or
warranty or breach of a covenant and agreement made by you herein, or (iii) any
claim related to your site, including, without limitation, content therein not
attributable to us.
20.
Miscellaneous
Our failure to enforce your strict performance of
any provision of this Agreement will not constitute a waiver of our right to
subsequently enforce such provision or any other provision of this Agreement.
If any of the provisions of this Agreement are
determined by a court to be unenforceable, they shall be severed from this
Agreement, and the remaining provisions shall remain in full force and effect.
By signing up with the Chorus Affiliate Program, you acknowledge that
you have read this agreement and agree to all its terms and conditions. You
have independently evaluated this program and are not relying on any
representation, guarantee or statement other than as set forth in this
agreement.