AFFILIATE PROGRAM TERMS AND CONDITIONS
1. NIRA Affiliate Agreement
This agreement describes the terms and conditions for participation in the NIRA Affiliate Program. In this agreement, the term "Affiliate" refers to you (the applicant). In this agreement, NIRA refers to the product owner and publisher.
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 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 the change.
To start the enrollment process, you must submit a completed online application. All applications must be reviewed and processed before an affiliate is approved into the NIRA Affiliate program. Applicants will be informed of their approval status as soon as possible once their information is reviewed. Processing time is on average 1-2 business days but may take longer.
Upon acceptance to the NIRA Affiliate Program, you will be required to work with the NIRA team to adhere to a customized, mutually agreed upon posting schedule.
4. Affiliate URL
You will be issued a special URL that contains a tracking link once you are accepted into the NIRA Affiliate Program. This URL will be unique to you and will allow you to be paid for affiliate referrals.
Affiliates will receive a 10% commission per sale for anyone who clicks on the affiliate’s URL and places an order within 30 days. Commissions may change at the discretion of the product publisher. NIRA commissions may increase during limited time special promotions, but they will return thereafter to the regular rate of 10% affiliate commission per sale.
Affiliate commissions will be issued 90 days after each conversion to account for customer cancellations and returns.
For a sale to generate a commission to an Affiliate, the customer must complete the order form and remit full payment for the product ordered through the 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 when the customer clicks through qualified, correctly structured Affiliate links or use your Affiliate code. Properly coded links are the sole responsibility of the affiliate.
Affiliates cannot use their own code or affiliate link to make a purchase. Any offenses to said rule will result in immediate suspension and/or termination. Affiliates will receive a one time discount for a NIRA Skincare Laser, see section 10 for more details.
Payment will be issued through PayPal each Friday - 90 days after a conversion has occurred. It is the sole responsibility of the affiliate to update their payment information.
7. Order Fulfillment
NIRA will be solely responsible for processing every order placed by a customer via affiliate links or affiliate codes. Affiliates are not authorized to collect payments or sell any NIRA 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. Affiliates are not authorized to give away copies of any of these products. NIRA will also be solely responsible for all customer service inquires. All affiliates understand and acknowledge that no physical products will be shipped.
Customers who purchase products and services through the NIRA Affiliate Program will be deemed to be customers of NIRA. 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. NIRA policies will always determine the price paid by the customer.
8. Qualifying Sites
NIRA reserves the right to refuse any site entry into the NIRA 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 NIRA. 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 Refersion, NIRA or any other site.
9. Permitted Usage
Affiliates are permitted to use the web banners and other marketing materials provided by NIRA. Approved affiliates will be provided with a log-in to access marketing materials.
Affiliates grant NIRA permission to use their name, photographic and/or video likeness, voice, information concerning the affiliate and statements made or information supplied by the affiliate, each in whole or in part, whether or not such likeness, information of statements was/were used in the current version of the program, in any and all present and future media for the purposes of advertising, publicity and trade, and in connection with these matters the affiliate hereby releases them and each of them from all liability. The affiliate undertakes not to prosecute or to institute proceedings, claims or demands against NIRA and hereby releases NIRA from all claims and liability relating to images, video or statements of the affiliate.
10. Prohibited Usage
The following cases prohibited and are grounds for immediate termination of the affiliate account.
• Affiliates MAY NOT use the NIRA logo, logo marks or other NIRA website/branding imagery in a header graphic or in any way as to indicate they are officially affiliated or partnered with NIRA.
• Affiliates MAY NOT bid on any NIRA Skin (www.NIRAskin.com
) branded keywords, including branded discount keywords (such as ‘NIRA promo code’), on Google, Yahoo, Bing, or on any other PPC advertising platform.
• Affiliates MAY NOT promote coupons that were not provided to them personally by NIRA. 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 will receive a one time discount of 90% off of one NIRA Skincare Laser at regular purchase price. After the initial purchase affiliates MAY NOT use their assigned coupon code or any other coupon codes on personal orders. Doing so will result in the immediate termination of your affiliate account and your order will be canceled.
11. Anti-Spam Policy
NIRA 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, 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 conscious 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.
NIRA, 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, the NIRA Affiliate Program manager may investigate the complaint, and if necessary, will then 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 NIRA 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 [email protected]
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 our behalf. Affiliates will not make any statement, whether on their sites or otherwise, that reasonably would contradict this statement.
13. Term and Termination
The term of this Agreement will begin when you accept and will end when terminated by either party. Either NIRA 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 NIRA websites, and all NIRA trademarks and logos, other NIRA marks and all other materials provided in connection with this program.
14. Limitation of Liability
NIRA 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.
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 Affiliate Program. In addition, we make no representation that the operation of the websites or the Affiliate links will be uninterrupted or error-free, and NIRA will not be liable for the consequences of any interruptions or errors.
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 NIRA 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.