KAMASUTRA.COM WEBSITE AFFILIATE PROGRAM TERMS AND CONDITIONS.
KAMASUTRA.COM WEBSITE AFFILIATE PROGRAM TERMS AND CONDITIONS.
This Affiliate Program Agreement (“Agreement”) is a legally binding contract between you or the entity that you represent (“You” or “Your”) and KAMSUT INC DBA The Kama Sutra Company (“Kama Sutra”). The terms and conditions of this Agreement will govern your participation in Kama Sutra's Affiliate Programs. By continuing with the sign-up process or by participating in any Affiliate Program, you agree to be bound by this Agreement. If you do not agree to be bound by the terms of this Agreement, do not proceed with the sign-up or participate in any Affiliate Program.
About the Affiliate Program
Kama Sutra sells romantic bath and body products for men and women all around the world with the mission to make love better. Signing up as an affiliate permits you to participate in the Affiliate Program and earn commission for products purchased by the users referred by you towww.kamasutra.com through advertisements displayed on your website.
You must be of legal age to enter into a binding agreement in order to accept the terms of this Agreement. You must also have a website that complies with Kama Sutra's Affiliate Website Standards and have a PayPal account. You must provide true, accurate, current and complete information about yourself as prompted by the sign-up process, and update this information to maintain its truthfulness, accuracy, currency and completeness. You must also agree to provide any additional information requested by Kama Sutra such as your physical address and tax payer identity number.
Communication, Monitoring and Privacy
Advertising and Linking
When an Affiliate Program is announced, Kama Sutra will also make graphical advertisements for the Kama Sutra product/message availableto you in various dimensions (“Image Ad” or “Image Ads”). Kama Sutra will also provide you links that will uniquely identify you and the Associate Program to which an Image Ad corresponds (“Unique Link” or “Unique Links”). You must advertise Kama Sutra on your website only by using the Image Ads and link an Image Ad to the corresponding Kama Sutra Product only by using the Unique Links. You shall not resize or modify the Image Ads provided to you in any manner. Any manipulation of the Unique Links could result in errors to the Unique Link andmay lead to inaccurate tracking, reporting and accrual of commission to you. You shall not use the Unique Links and Image Ads in any manner other than as specifically permitted in this Agreement., and Kama Sutra still retains all of its copyright privileges in relation to its name, image and any other use of its proprietary information.
A “Qualifying User” is a user who has, upon being directed to Kama Sutra's website through an Image Ad or a Link Ad on your website or App, and has completed a purchase.
You will be entitled to commission only for Qualifying Purchases. In respect of every Qualifying Purchase, you will be entitled up to 30% of the entire sale for as long as your affiliate agreement stands with Kama Sutra. Kama Sutra also offers you the ability to refer new affiliates through a link on your site. If, during the period of this agreement, a new affiliate signs up through your referral link, you will be entitled up to 3% of everyqualified sale made through the sub affiliate linked to your account.
Sales > $9,999
20% of the sub total amount
Total Sales = $10,000+
30% of the sub total amount
3% 1st Tier, 2% 2nd Tier, 1% 3rd Tier
Affiliate Portal Account
Upon signing up for the Affiliate Program, you will be provided an account in Kama Sutra's Affiliate Portal that will enable you to keep track of your activity as an affiliate and the commission earned by you. The commission earned by you will be reflected in your Affiliate Portal immediately after the completed sale.
Commission will be paid the first Friday on or after the 15th of every month (“Payout Day”) providing the total unpaid commission earned by you as reflected in your Affiliate Portal account is $100 or more. If you do not earn $100 or more within the period between two Payout Days, then payment of the commission earned by you will be deferred until you cross the threshold of $100 and will be made on the immediately following Payout Day.Payment will be made only to your PayPal account.
In addition to all other obligations under this Agreement, you agree to the following specific obligations.
- You must ensure that your website complies with the Website Standards throughout the term of this Agreement.
- You must not make any representation or warranty concerning Kama Sutra that is not true, accurate and authorized by Kama Sutra.
- You must ensure that your obligations under this Agreement do not violate any agreement between you and any third party.
- You must comply will all laws, including data security and privacy laws, that apply to the operation of your website. “Laws” shall mean and include legislations, rules, regulations, ordinances, orders, licenses, permits, judgments, decisions or other requirements of any governmental authority that has jurisdiction over you.
- You must not misrepresent the relationship between you and Kama Sutra. In particular you must not claim that you are affiliated with Kama Sutra or that your website and its content is endorsed by Kama Sutra.
- You must use the Unique Links and Image Ads only on websites that are owned or controlled by you.
- You must not register any domain name that includes Kama Sutra's trademarks or any variations or misspellings of the trademarks.
- You must not offer any incentive, including any money, rebates, discounts, or points to visitors to your website for clicking on the Image Ads or purchasing Kama Sutra products
- You must not attempt to redirect or intercept traffic or to divert Commission from any other participant in the Affiliate Programs.
- You will be responsible for your acts and omissions and the acts and omissions of your agents, employees and subcontractors.
In order to participate in our Affiliate Programs, you must ensure that your website does not:
- promote or contain pornography of explicit "X" rated materials (your site may contain adult related topics );
- promote or practice discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
- promote or contain spyware, malware, virus, worm, Trojan horse, or other malicious or harmful code.
- promote violence or contain materials inciting violence;
- promote or contain libelous or defamatory materials;
- promote or practice cyber-squatting or typo-squatting;
- promote or contain materials that infringe the intellectual property rights of third parties;
- promote or undertake spamming, phishing or other illegal activities;
Changes to the Terms of this Agreement
You understand that Kama Sutra may modify the terms of this agreement from time to time. However, you will be provided notice of such changes through an announcement in your Affiliate Portal account or by electronic mail. Upon being informed of such changes, you may either terminate this Agreement within fifteen days and cease participating in the Affiliate Programs or accept the changes and continue to participate in the Affiliate Programs. Your continued participation in any Affiliate Program after fifteen days from the date of notice of any such changes shall constitute your consent to such changes.
Term and termination
The term of this Agreement will commence upon your acceptance of these terms and will end when the Agreement is terminated by either party. Either party may terminate this Agreement at any time, with or without cause, by giving the other party a written notice of termination. Upon termination, you must immediately cease usage of the Image Ads and Unique Links provided to you and you will not be entitled to any further commission. If the total outstanding commission accrued before termination of this Agreement exceeds $100, Kama Sutra will pay the outstanding commission to you. If the total outstanding commission is less than $100, Kama Sutra will make the payment only after deducting applicable transaction costs.
Relationship of parties
The relationship between you and Kama Sutra is non-exclusive. This Agreement shall not be construed as creating a partnership, joint venture, agency or any other relationship. You are not authorized to enter into any contract or to assume any obligation on behalf of Kama Sutra. Neither is Kama Sutra authorized to enter into any contract or to assume any obligation on your behalf.
THE AFFILIATE PROGRAM AND THE KAMA SUTRA SERVICE(S) ARE PROVIDED "AS IS". KAMA SUTRA DOES NOT MAKE ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE WITH RESPECT TO THE AFFILIATE PROGRAM OR THE KAMA SUTRA SERVICE(S). WE WILL NOT BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH TERMINATION OF THIS AGREEMENT OR YOUR PARTICIPATION IN THE AFFILIATE PROGRAM.
Limitation of liability
KAMA SUTRA WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THIS AGREEMENT OR FOR ANY CLAIM BY ANY OTHER PARTY EVEN IF KAMA SUTRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. KAMA SUTRA'S ENTIRE LIABILITY WITH RESPECT TO THIS AGREEMENT AND THE AFFILIATE PROGRAMS UNDER THIS AGREEMENT SHALL NOT EXCEED THE COMMISSION PAID OR PAYABLE TO YOU UNDER THIS AGREEMENT.
This Agreement shall be construed, interpreted and governed by the laws of the State of California exclusive of its conflict of laws provisions. This Agreement constitutes the entire agreement between You and Kama Sutra, and supersedes all prior communications, understandings or agreements. You may not assign this Agreement, by operation of law or otherwise, without Kama Sutra's prior written consent. Kama Sutra's failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to enforce such provision or any other provision of this Agreement subsequently. If any part of this Agreement is found invalid or unenforceable, the remainder shall be interpreted so as to reasonably effect the intention of both parties.