Chakredy® Affiliate Agreement
This Agreement is made between CHAKREDY LLC and You (including the entity you represent). This Agreement describes the entire terms and conditions for participation in the CHAKREDY® Affiliate Program.
In this agreement, the term “Affiliate” refers to you or the entity you represent. Wherever the agreement refers to “you” or “your”, it means “the Affiliate”; “we” or “our” refers to CHAKREDY®. By signing up with CHAKREDY®, 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. Your agreement to this Agreement also confirms that you are 18 years of age upon the date of signing up for the CHAKREDY® Affiliate Program.
AFFILIATE SITE
All Affiliate sites must be approved by CHAKREDY® in a method that will be provided to you (the Affiliate Site”). CHAKREDY® reserves the right in its sole discretion to reject any affiliate application that is unsuitable for the Affiliate Program for any reason.
REFERRAL FEES
You will receive 20% of the revenue as a referral fee from orders placed through your Affiliate Site (unless noted otherwise for a particular product). For a sale to generate a referral fee to an Affiliate, the customer must complete the order form and remit full payment for the product ordered from CHAKREDY®. Referral fees will only be paid on sales that are made through qualified approved Affiliate links.
PAYMENT
CHAKREDY® will make payout for the applicable referral fee within 30 days from confirmation of an earned referral fees by you through PayPal. If any order that generated a referral fee is returned by the customer, or if there are any charge backs, the amount will be deducted by CHAKREDY® from the next payment due affiliate.
ORDER FULFILLMENT
CHAKREDY® will be solely responsible for processing every order placed by a customer on the Affiliate Site. You are not authorized to sell any of these products from your site as a “reseller” and no “resale” rights are granted in ANY way on these products unless otherwise noted.
CUSTOMERS
Customers who purchase products and services through the Affiliate Program will be deemed to be customers of CHAKREDY®. 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. CHAKREDY® policies will always determine the price paid by the customer.
QUALIFICATION FOR REFERRAL FEES
Affiliates must have an active approved link from their website to their Affiliate link in order to qualify for referral fees.
QUALIFYING SITES
CHAKREDY® reserves the right not to accept (and terminated) any site into the 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
• Violate intellectual property rights
• Promote unsolicited commercial email or SPAM
CHAKREDY® in no way participates in mass unsolicited emailing (i.e. spamming), and all Affiliates are expected to adhere to this policy as well. Violation of this policy will result in the termination of this Agreement and immediate dismissal from the CHAKREDY® Affiliate Program, with no refund.
RELATIONSHIP OF PARTIES
You are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. 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 otherwise, that reasonably would contradict this statement.
INTELLECTUAL PROPERTY
All trademarks, trade names, service marks associated with CHAKREDY®, including CHAKREDY® and UP YOUR VIBE® are trademarks of CHAKREDY® and to the extent you use any of them to promote, link or otherwise advertise CHAKREDY® goods or services, you do so under a limited, non-exclusive, non-transferrable license for the term of this Agreement, and nothing in this Agreement grants you any rights to or in the trademarks.
TERM AND TERMINATION
The term of this Agreement will begin when you accept and will end when terminated by either party. Either CHAKREDY® or you 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, 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 CHAKREDY® site, and all CHAKREDY® trademarks and logos, and all other materials provided in connection with this Agreement.
LIMITATION OF LIABILITY
CHAKREDY® will not be liable for indirect, special, or consequential damages (or any loss of revenue, profits, 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 referral fee paid or payable to you under to this Agreement.
DISCLAIMERS
We make no express or implied warranties or representations with respect to the Affiliate Program or your potential to earn income from the Affiliate Program. In addition, we make no representation that the operation of our site or the Affiliate links will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
DISPUTES
Any disputes arising under this Agreement must be settled in arbitration under the rules of the American Arbitration Center for commercial disputes in Seattle, Washington. The law of the state of Washington shall control any interpretation of this Agreement.
ASSIGNMENT
You may not assign this Agreement, by operation of law or otherwise, without the prior written consent of CHAKREDY®. Subject to that restriction, this Agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns.
MISCELLANEOUS
Failure to enforce the 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, or in arbitration, to be unenforceable, they shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.