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Términos y Condiciones

WishTrend Affiliate Program Terms and Conditions

AFFILIATE AGREEMENT:

Please read the entire agreement. You may print this page for your records. This is a legal agreement between you and Wishcompany inc.(DBA WISHTREND.COM)

By submitting the online application you are agreeing that you have read and understand the terms and conditions of this agreement and that you agree to be legally responsible for each and every term and condition.

1. Submitting Application

Once you submit your application you are bound by the terms of this agreement. When filling out the application you must provide accurate and complete information. Participation in the Affiliate Program is to legally advertise our website to receive commission on referral customers. We will review each application and you will be notified of your acceptance or rejection within 14 business days. We may reject your application if we determine that your website is unsuitable for any reason and if it doesn’t meet our required standard.

2. Affiliate Obligations

To begin the enrollment process, you will complete and submit the online application on the Post affiliate server. We review all applications and we may reject your application at our sole discretion. Please always make sure to refer to our AFFILIATE GUIDE rules.

2.A. Once your application is approved, we may re-evaluate your application at any time. The terms and conditions of this agreement will begin when your application has been submitted and will end when your affiliate account has been terminated. Affiliation can be immediately revoked if we deem your site to be unsuitable for any of the following reasons; including but not limited to:

2.A.1-False advertisements concerning WishTrend

2.A.2- Spamming using your affiliate link

2.A.3- Usage of materials that infringe on any copyright, trademark or other intellectual property rights or to violate the law

2.A.4- Harassment or intimidation of others on your website

2.A.5- Content deemed to be graphic or explicit by WishTrend

2.A.6- Promotion of illegal activities

2.A.7- Usage of technology to potentially divert commission from other affiliates in our program

2.B. WishTrend reserves the right to review your placement and approve the usage of your affiliate links. You may use graphics and texts provided to you by us or create your own as long as it is appropriate (see condition 2.A). You may not use your own link to make purchases. You will not earn commission from orders placed under your affiliate link by customers residing in your household. You may not knowingly allow others to repeatedly use your affiliate link to earn commission.

2.C.The maintenance and updating of your site is your responsibility. We may monitor your site as necessary to ensure your content is up to date and notify you of any changes that should be made to help your affiliate performance. Your affiliation can be terminated if we find your site has not been updated in over 6 months. A written notice will be given via email should we find your site outdated. You will have 48 hours to respond with an updated site before your affiliation is terminated.

2.D. You agree that you are an independent contractor, and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between you and Wishtrend.com. You will have no authority to make or accept any offers or representations on our behalf. You will not make any statement, whether on your site or any other of your site or otherwise, that reasonably would contradict anything in this section.

3. Promotion Restrictions

While you are free to market Wishtrend on your own web site, the promotion of Wishtrend, it’s products and brands could be perceived to the public as a joint effort. Please be aware certain forms of advertising are prohibited by Wishtrend.  Please abide by the following guidelines when planning your marketing efforts:

3.A. Using “WISHTREND”

“Wishtrend”, “Wish Company”, “Wishtrend TV” or any variation of  them cannot be used as a part of an affiliate’s website domain name, blog, Facebook account, YouTube channel, Twitter username or any URL associated with the affiliate account. You may not create or design your website or any other website that you operate, explicitly or implied in a manner which resembles our website nor design your website in a manner which leads customers to believe you are Wishtrend.com or any other official affiliated business. Using Wishtrend logo, symbol and any variation of it is prohibited also.

3.A.1. Affiliates may not use their affiliate link or any of the Wishtrend domains and/or URLs

(including, but not limited to www.wishtrend.com, www.wishtrendTV.com, www.wishtrendglam.com, www.wishbeautylab.com, www.klairscosmetics.com) as the display domain or URL in the advertisement. When engaging in paid search engine campaigns, affiliates must use their own domain and/or URL in their ads.

Forbidden Display URL Examples:

www.wishtrend.com

www.klairscosmetics.com

Approved Display URL Examples:

http://www.yourdomain.com/wishtrend

http://www.yourdomain.com/klairscosmetics

3.A.2. You may not make any misleading or false statements in your campaigns. To avoid conflicts and to protect the integrity of Wishtrend and it’s exclusive brands, Wish Company reserves the right to suspend any affiliates activities and thus their commissions for phrases that Wish company determines to be untrue or inflammatory claims of our products, services or websites. To avoid such measures, please forward all ad text and proposed keywords/phrases you wish to bid on to the Affiliate Manager for approval or editing, PRIOR to your submitting it to Paid Search Network providers or Paid Inclusion Search Engines.

3.A.3. None of the restricted words may be displayed in the Headline or Body of your advertisement. You agree that, following notice from Wishtrend.com, you will promptly remove any search listing containing copy and/or creative components that Wishtrend.com, in its sole discretion, deems inappropriate for any reason.

Restricted Keyword List (but not limited to):

Wishtrend

Wishtrend.com

Wishtrendtv.com

Wishbeautylab.com

Wishtrendglam.com

Wishcompany.net

Wish Company

Wishtrend TV

Wishtrend Glam

WishTrade

Wish Trade

Wishtrend Beauty Lab

Wish Beauty Lab

Wish Beauty

Wish Cosmetics

Wish Kbeauty

Wish Korean Cosmetics

Wish Korean Beauty

Klairs

Dear Klairs

Klairs Cosmetics

Klairs Cosmetic

By Wishtrend

My Wishtrend

By Wish Cosmetics

My Wish Cosmetic

WT Cosmetics

WT Beauty

Failure to follow these requirements will be grounds for suspension from the program and for forfeiture of all commissions.

3.B. Spamming

Advertising commonly referred to as “spamming” is unacceptable to Wishtrend and could damage our name. Any pending commissions owed will not be paid if your account is terminated due to spamming or solicitation.

3.C. Copyright and Trademark Infringement

Wishtrend reserves the rights to seek legal action against retail partners and affiliates that infringe our copyrights, registered trademarks, and patented and patent pending products. Affiliates acknowledge that they will not promote, manufacture, distribute or sell products that replicate the exclusive designs and functions owned by Wish company. Patented and patent pending products owned exclusively by Wish company include, but are not limited to, the By Wishtrend, Klairs, Wishtrend TV, Jungle Botanics and all products in the Wishtrend exclusive line. Failure to adhere may result in removal of the Affiliate Program. Wish company will legally pursue all parties associated with the manufacturing, distribution, and sale of counterfeit or patent infringing products.

3.D. Using your affiliate code

You cannot use your affiliate link to purchase on wishtrend.com yourself, please use coupon code that we provide every month instead of purchasing via your affiliate link. When checked, if the affiliate order is using affiliate linking, commission will be removed.

3.E. Coupon Code Marketing

Coupon marketing is allowed, but affiliates must adhere to the following terms:

3.E.1. Affiliates are permitted to use active coupon codes provided exclusively through the Wishtrend Affiliate Program. Affiliates are not permitted to promote unauthorized coupon codes, codes that are exclusive to other affiliates, codes provided in customer-oriented newsletters or other promotional codes from Wishtrend’s non-affiliate program marketing efforts. Use or attempted use of any coupon code received from any source other than directly from the Wishtrend Affiliate Program will result in lost commissions and/or removal from the program.

3.E.2. Promotion language must be simple, easy to understand, and should include the following: The offer, the coupon code, the expiration date, and approved text link only. Publishers of the coupon code must not use “bait and switch” language, misrepresentations, or false advertising when promoting offers (i.e: “Click here for more possible deals”). Publishers must remove invalid coupon codes and banners, or make clear to readers that the code is expired.

3.E.3. Affiliates bear the responsibility for removing any unauthorized, user-submitted codes.

3.E.4. Distributions of coupon codes on multiple sites need to be disclosed and approved by the Wishtrend Affiliate Program. Please email any new websites and promotions distributing Wishtrend coupon codes to affiliate@wishcompany.net for approval.

3.E.5. When the partner is not an ownership of a personal channel ( i.e. blog, website, youtube channel..) and instead owns a coupon sharing site  (i.e. couponvario, promopro..) affiliate benefits could be restricted.

3.E.6. Failure to follow these guidelines will result in suspension and lost commissions. Upon warning, affiliates must remove all violations. Repeated abuse will result in cancellation of your affiliation and any pending commissions owed will not be paid if your account is terminated due to coupon code misuse.

3.F.“Cookie-Stuffing”

“Cookie-Stuffing”, forced clicks, etc. is not permitted. “Cookie stuffing” is an unlawful strategy of generating affiliate sales. (IE: Use of cookie stuffing to cause tracking systems to conclude that a user has clicked through a qualifying affiliate link – and to pay commissions accordingly- even if the user has not actually clicked through any such link). Affiliates found using, employing or receiving this strategy will be immediately revoked and all commissions will be forfeited and conditions.

3.G. Adware & Toolbars

Affiliates are prohibited from transmitting any “interstitial,” “Parasiteware™,” “Parasitic Marketing,” “Shopping Assistance Application,” “Toolbar Installations and/or Add-Ons,” “Shopping Wallets” or “deceptive pop-ups and/or pop-unders” to customers from the time the customer clicks on a qualifying link to the Wishtrend website until the time the customer has exited the Wishtrend site (ie. no page from the Wishtrend site or any Wishtrend content or branding is visible on the end-user’s screen). The terms a. “Parasiteware™” and “Parasitic Marketing” shall mean an application that (a) through accidental or direct intent causes the overwriting of affiliate and non-affiliate tracking cookies through any other means than a customer initiated click on a qualifying link on a web page or email; (b) intercepts searches to redirect traffic through an installed software, there by causing, pop ups, commission tracking cookies to be put in place or other commission tracking cookies to be overwritten where a user would under normal circumstances have arrived at the same destination through the results given by the search (search engines being, but not limited to, Google, MSN, Yahoo and similar search or directory engines); (c) set commission tracking cookies through loading of Wishtrend site in IFrames, hidden links and automatic pop ups that open Wishtrend’s  site; (d) targets text on web sites, other than those web sites 100% owned by the application owner, for the purpose of contextual marketing; (e) removes, replaces or blocks the visibility of affiliate banners with any other banners, other than those that are on web sites 100% owned by the owner of the application.

4. Disclaimer

4.A Wishtrend.com makes no express or implied representations or warranties regarding Wishtrend.com service and website or the products or services provided therein, any implied warranties of Wishtrend.com ability, fitness for a particular purpose, and non infringement are expressly disclaimed and excluded. In addition, we make no representation that the operation of our site will be uninterrupted or error free, and will not be liable for the consequences of any interruptions or errors.

4.B.  We may cancel your application if we determine that your site is unsuitable for our Program, including if it: Promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age, promote any kind of violence or illegal activity and if it incorporates any materials which infringe or assist others to infringe on any copyright, trademark or other intellectual property rights or to violate the law. Your website may not contains software downloads that potentially enable diversions of commission from other affiliates in our program.

4.C. If any system error, canceled order or fraud is detected we reserve the option to delete or change the affiliate order commission.  We reserve the right to down grade or change your account level and status depending on your behavior, your sales during the past 6 months, your performances, your activity and your blog posts/videos. Wishtrend.com reserves the right, at any time, to review your placement and approve the use of Your Links and require that you change the placement or use to comply with the guidelines provided to you.

5. Limitations of Liability

We will not be liable to you with respect to any subject matter of this agreement under any contract, negligence, tort , strict liability or other legal or equitable theory for any indirect, incidental, consequential, special or exemplary damages (including, without limitation, loss of revenue or goodwill or anticipated profits pr lost business), even if we have been advised of the possibility of such damages.Further, notwithstanding anything to the contrary contained in this agreement, in no event shall Wishtrend Cumulative liability to you arising out of or related to this agreement, whether based in contract, negligence, strict liability, tort or other legal or equitable theory, exceed the total commission fees paid to you under this agreement.

6. Indemnification

You hereby agree to indemnify and hold harmless Wishtrend.com, and its subsidiaries and affiliates, and their directors, officers, employees, agents, shareholders, 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 any claim that our 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, any misrepresentation of a representation or warranty or breach of a covenant and agreement made by you herein, or any claim related to your site, including, without limitation, content therein not attributable to us.

7. Confidentiality

All confidential information, including, but not limited to, any business, technical, financial, and customer information, disclosed by one party to the other during negotiation or the effective term of this Agreement which is marked "Confidential," will remain the sole property of the disclosing party, and each party will keep in confidence and not use or disclose such proprietary information of the other party without express written permission of the disclosing party.

8. Payments

8.A. You will receive a commission for sending authorized sales via your affiliate links. In order to place an affiliate link, you must first be approved by Wishtrend affiliate system to become an affiliate. Payout rates may be changed at anytime and can be viewed via your affiliate account on Post Affiliate. It is your responsibility to determine if the payout for a link you have placed has been changed or discontinued. Payments are made at the end of every month when your account balance reaches the required minimum or more for the previous month’s transactions. If you want to receive your payment please send us an invoice at affiliate@wishcompany.net with your Wishtrend affiliate account and the paypal address used. Your account does not accrue interest. We check and remove any system problem/ fraud and we can delete or modify an order commission if needed.

8.B. We are sending commission via Paypal only. Paypal may charge you fees when receiving the payment. We are not responsible of this charges.

8.C. Before the affiliate commission payout day, our manager will check for system error. In the chance errors are found, commission earnings may be different from the commission seen on the affiliate system prior to payout. This is caused by :

-The system tracks an order but the total sale number is incorrect

-The system tracks the same order multiple times

-When the affiliate purchase with their own affiliate link

-When the order is canceled

-When other types of fraud are detected

8.D. Wishtrend.com uses Post Affiliate Pro system to handle all of the tracking and payment. Kindly review the Post Affiliate Pro system’s payment terms and conditions.

9. Affiliate Account Interface

You will create a log-in and password in order to enter the Post Affiliate Pro system account interface. From their site, you will be able to view and receive your reports regarding your commissions due to you.

10. Modification

We may modify any of the terms and conditions in this agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and rules. If any modification is unacceptable to you, your only option is to end this agreement. Your continued participation in Wishtrend Affiliate Program following the posting of the change notice or new agreement on our site will indicate your agreement to the changes.

11. Representations and Warranties

You represent and warrant that:

11.A. This agreement has been duly and validly executed and delivered by you and constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms;

11.B. You have the full right, power, and authority to enter into and be bound by the terms and conditions of this agreement and to perform your obligations under this agreement, without the approval or consent of any other party;

11.C. You have sufficient right, title, and interest in and to the rights granted to us in this agreement.

12. Revocation of Affiliation

Affiliation can be ended at any time, with or without cause. This agreement will terminate immediately upon any breach of this agreement by you. If affiliation is revoked, you can sign up to program in the future but we do not guarantee that your application will be accepted.
© 2016 Wishtrend, Wish company, LLC

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